Tuesday, July 16, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
REVISED CITY COUNCIL AGENDA
AMENDED RECOMMENDATION ON ITEM 12 ON JULY 10, 2024
TUESDAY, JULY 16, 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
Interim 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=m079bed9ef03e14a88e601dfed23a40f5 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 591 2731 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 4:00 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 Tuesday, July 16, 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 Manager
Authority: Government Code Section 54957
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
National Opioid Litigation
USDC case no. 1:17-MD-2804
Authority: Government Code Section 54956.9(d)(1)
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Horton v. City of San Buenaventura
VCSC case no. 56-2022-00562593-CU-PO-VTA
Authority: Government Code Section 54956.9(d)(1)
4. THREAT TO PUBLIC SERVICES OR FACILITIES
Consultation with: Mike Shaffer, Chief Technology Officer Authority: Government Code Section 54957(a)
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
SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
• Business of the Month/Green Business Awards
• 2024 Ventura County Fair Presentation
• Disability Pride Month Proclamation
2 Tuesday, July 16, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
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. 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. First Amendment to Legal Services Agreement P2024 -013 with Law Firm of Engle Carobini, APLC in the Horton v. City of San Buenaventura
Staff: Miles Hogan, Interim City Attorney
RECOMMENDATION
Authorize the City Attorney to enter into a First Amendment to Agreement no. P2024 -013 with the law firm of Engle Carobini, in an amount not to exceed a total of $200,000, to continue representation of the City in the Horton v. City of San Buenaventura, et al., litigation matter.
2. City Council Minutes – Regular Meeting held on June 25, 2024
Staff: Michael MacDonald, City Clerk
RECOMMENDATION
Approve City Council Minutes for Regular Meeting held on June 25, 2024.
3. Local Early Action Planning Program
Staff: Rachel Dimond, Community Development Director
RECOMMENDATION
a. Adopt a Resolution authorizing the City Manager, or designee, to submit, execute and amend Local Early Action Planning Program Standard Agreements, Request s for Reimbursement of Fund ing, a Final Report and any subsequent amendments or modifications to related documents.
3 CONSENT ITEMS (CONTINUED)
Tuesday, July 16, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
b. Authorize the Finance Department to, upon receipt of disbursements, make necessary changes to revenues and expenditures in the relevant fiscal year operating budget per the approved Local Early Action Planning Program.
4. Security Services Agreement for the 2024 Ventura County Fair
Staff: Darin Schindler, Chief of Police
RECOMMENDATION
a. Approve and authorize the City Manager, or designee, to execute an agreement with 31st District Agriculture Association for security and traffic control services for the 2024 Ventura County Fair in an amount not-to-exceed $275,000.
b. Authorize Finance to make the necessary budget adjustments in the Police Department’s FY 2024 -2025 General Grant and Categorical Fund budget.
5. Third Extension to School Resource Officer Agreement with Ventura Unified School District for Fiscal Year 2025
Staff: Darin Schindler, Chief of Police
RECOMMENDATION
a. Accept the FY 24 -25 Third Extension Agreement for Police Services between the City of San Buenaventura and the Ventura Unified School District for School Resource Officers.
b. Authorize the City Manager, or designee to conduct all negotiations and execute and submit all documents, including, but without limitation, applications, agreements, and billing statements that may be necessary for the agreement between the City of San
Buenaventura and the Ventura Unified School District for School Resource Officers.
4 CONSENT ITEMS (CONTINUED)
Tuesday, July 16, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
6. Third Extension to Security Services Agreement with the County of Ventura for Security Services at Ventura County Medical Center
Staff: Darin Schindler, Chief of Police
RECOMMENDATION
a. Approve and authorize the City Manager, or designee, to execute the Third Extension to the security services agreement between the City of Ventura and the County of Ventura for Ventura County Medical Center security services from July 1, 2024 to June 30, 2025, for the estimated cost of $644,000.
b. Authorize Finance to increase expenditure and revenue appropriations in the General Categorical and Grant Fund, Police Department budget.
7. Annual Military Equipment Report for the Police Department as Required by Assembly Bill 481
Staff: Darin Schindler, Chief of Police
RECOMMENDATION
Approve the Annual Military Equipment Report.
8. Homeless Services Support Task Force CDBG Grant Scope of Work Revision
Staff: Darin Schindler, Chief of Police
RECOMMENDATION
a. Adopt a Resolution approving a revised scope of work for CDBG grant no. 17-MITPPS-21032.
b. Authorize the City Manager, or designee, to act as agent for the City to conduct negotiations, execute and submit all documents including, without limitation, applications, agreements, amendments, and billing statements which may be necessary to accept these funds and complete projects under these funds.
c. Authorize the Finance Department to assign increased appropriations and revenues to the proper programs and accounts for use as provided in the cooperative agreement.
5 CONSENT ITEMS (CONTINUED)
Tuesday, July 16, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
d. Authorize the Finance and Technology Department to assign increased appropriations and revenues to the proper programs and accounts for use as provided in the cooperative agreement.
9. First Change Order to Job Order Contract 2021 -078 with MTM Construction for Fire Station 6 Sewer Line Replacement Project
Staff: Charles W. Ebeling, Public Works Director
RECOMMENDATION
a. Approve and authorize the City Manager, or designee, to execute Change Order No. 1 to MTM Construction Job Order Contract 2021 - 078 by increasing the total contract not -to-exceed amount from $443,398 to $509,941 for a net increase of $66,543.
b. Authorize the Finance Department to increase CIP Appropriations in the Facilities Maintenance Fund (Fund 65) by $66,543.
c. Authorize the Finance Department to increase the Fiscal Year 2025 budget appropriations in the Facilities Maintenance Fund (Fund 65) by $66,543.
10. Fourth Amendment to General Services Agreement P2022 -018 with Blackpointe Group Construction & Waste Management, Inc. for Catch Basin Storm Drain Maintenance
Staff: Charlie Ebeling, Public Works Director
RECOMMENDATION
Authorize the City Manager, or designee, to execute the Fourth Amendment to Blackpointe General Services Agreement No. P2022 -018 for catch basin inspection and cleaning to extend the term of the Agreement through June 30, 2025 and increase the contract by $158,064 to a new total not-to-exceed amount of $481,128.
6 CONSENT ITEMS (CONTINUED)
Tuesday, July 16, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
11. Construction Contract PW24 -1138 with Toro Enterprises, Inc. for Street Resurfacing Projects on Northbank, Ventura Blvd to Johnson, Navigator, Spinnaker/Anchors Way (SB1), and Valentine Rd., Telephone to Palma
Staff: Charlie Ebeling, Public Works Director
RECOMMENDATION
a. Approve the Street Resurfacing - Northbank, Ventura Blvd to Johnson, Street Resurfacing - Navigator, Spinnaker/Anchors Way (SB1), and Street Resurfacing - Valentine Rd., Telephone to Palma projects and determine that they are categorically exempt from the California Environmental Quality Act (CEQA) as defined in Article 19 Section 15301 Class 1 (c) of the CEQA guidelines because they are considered maintenance of an existing roadway with no expansion of existing or former use.
b. Waive all Minor Bid Irregularities, Approve and Authorize the City Manager, or designee, to execute subject Agreement with Toro Enterprises, Inc. in the amount of $3,102,915 with a contract completion date of March 31, 2025.
c. Authorize the City Manager, or designee, to execute future amendments to subject Agreement up to a total maximum contingency of $310,292 for a total not -to-exceed Agreement amount of $3,413,207.
d. Authorize the Finance Department to make the necessary appropriations adjustments in the Gas Tax Fund and the Road Maintenance and Rehabilitation Act Fund.
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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.
12. Resolution Declaring Results of Majority Protest Proceedings Resolution and Resolution to Renew the Ventura County Coast Tourism Business Improvement District and levy the Assessment on Lodging Businesses
Staff: Bill Ayub, City Manager
RECOMMENDATION
Adopt a Resolution of Formation declaring the results of the majority protest proceeding and renewing the Ventura County Coast Tourism Business Improvement District to levy the assessment on lodging businesses.
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. Evacuation Plan Adoption
Staff: Darin Schindler, Chief of Police
RECOMMENDATION
a. Adopt the Emergency Evacuation Plan as an annex to the City’s Emergency Operations Plan.
b. Direct Staff to update and revise the Emergency Evacuation Plan on an as needed basis to reflect changes in infrastructure, technology, population densities, and/or changes in hazard profiles.
c. Direct Staff to explore the Implementation Recommendations included in this staff report and return a feasibility analysis no later than December 2024.
8 FORMAL ITEMS (CONTINUED)
Tuesday, July 16, 2024 Ventura City Council Agenda
www.cityofventura.ca.gov
14. Public Art Agreement with Studio Lachlan Turczan for Public Art Associated with the Advanced Water Purification Facility
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
a. Approve and authorize the City Manager, or designee, to execute a Public Art Agreement with Studio Lachlan Turczan for artist collaboration on the Advanced Water Purification Facility in substantially similar form to the attached; term July 17, 2024 to December 31, 2027; not -to-exceed $1,000,000 during the duration of the contract pursuant to section 4.600.140 of the Municipal Code.
b. Approve and authorize the City Manager, or designee, to amend the contract in an amount not to exceed $195,294 in contingency funding.
15. City Council Medical Benefits Review and Update
Staff: Danielle Keys, Human Resources Director
RECOMMENDATION
Receive a report on City Council medical benefits, and after discussion and evaluation, direct staff which benefits and level of contributions to include in a future Resolution.
16. Policy Consideration – Repeal of Net Zero Fee
Introduced by: Doug Halter, Councilmember, District 2
Mike Johnson, Councilmember, District 3
RECOMMENDATION
a. Direct staff to remove Net Zero Fee Ordinance.
b. Direct staff to impose an immediate moratorium on the collection of any Net Zero Fees while finalizing the amendment to the Ordinance.
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.
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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, 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 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, July 9, 2024 at 7 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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