Tuesday, August 27, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
REVISED CITY COUNCIL AGENDA
MOVED ITEM 12 FROM CONSENT TO FORMAL ON AUGUST 22, 2024
TUESDAY, AUGUST 27, 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.
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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: 2555 580 8894
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
Tuesday, August 27, 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. 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)
2. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Name of Case: Mike Johnson v. City of San Buenaventura, et al., Ventura County Superior Court Case No.: 2023CUWM014178
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
SPECIAL PRESENTATIONS AND ANNOUNCEMENTS
• The ARC of Ventura County 70th Anniversary
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
Tuesday, August 27, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
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. Amendment to Legal Services Agreement with Best, Best & Krieger for the Oxnard Plain Groundwater Litigation
Staff: Miles Hogan, Interim City Attorney
RECOMMENDATION
Authorize the City Attorney to enter into an amended legal services agreement with the law firm of Best, Best and Krieger, LLP in an amount not to exceed an additional $200,000 to continue representation of the City in the litigation matter of OPV Coalition, et al. v. Fox Canyon Groundwater Management Agency, et al. (Super. Ct. Santa Barbara County, 2018, No. VENCI00555357).
2. City Council Minutes - Regular Meetings held on June 25, 2024, July 9, 2024, and July 16, 2024
Staff: Michael MacDonald, City Clerk
RECOMMENDATION
Approve City Council Minutes for Regular Meetings held on June 25, 2024, July 9, 2024, and July 16, 2024.
3. HOPE & Solutions Subcommittee Workplan
Staff: Rachel Dimond, Community Development Director
RECOMMENDATION
Approve the HOPE & Solutions Subcommittee Workplan.
CONSENT ITEMS (CONTINUED)
Tuesday, August 27, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
4. Resolution to Provide City Councilmembers with Medical, Dental, Vision and Employee Assistance Program Benefits
Staff: Valerie Barroso, Human Resources Director
RECOMMENDATION
Adopt a Resolution providing City contributions for medical, dental, vision, and employee assistance program benefits to active members of the City Council (Benefits Resolution) as of January 1, 2025. Resolution titled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, PROVIDING CITY CONTRIBUTIONS
FOR MEDICAL, VISION, DENTAL AND EMPLOYEE ASSISTANCE
PROGRAM BENEFITS TO ACTIVE MEMBERS OF THE CITY COUNCIL
EFFECTIVE JANUARY 1, 2025”
5. Reimbursement Agreement Between the Ventura Unified School District and the City of Ventura Regarding Crossing Guards for Fiscal Year 2025
Staff: Charlie Ebeling, Public Works Director
RECOMMENDATION
Approve and authorize the City Manager, or designee, to execute the Second Amendment to Agreement 2022 -053 for reimbursement between the Ventura Unified School District and the City of Ventura regarding crossing guards for Fiscal Year (FY) 2025 in the amount of $103,837.
6. Professional Services Agreement PW25 -1140 with Cannon for Design Services for the Maintenance Yard Shop Buildings Roof Replacement
Staff: Charlie Ebeling, Public Works Director
RECOMMENDATION
a. Approve and authorize the City Manager, or designee, to execute subject Agreement with Cannon in the amount of $118,100 with a contract completion date of December 31, 2026.
b. Authorize the City Manager, or designee, to execute future amendments to subject Agreement up to a total maximum contingency of $12,000 for a total not to exceed Agreement amount of $130,100 and a total time extension of 180 calendar days.
CONSENT ITEMS (CONTINUED)
Tuesday, August 27, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
c. Authorize the Finance Department to transfer $73,495 from Facilities Maintenance ISF (1065) to General Capital Improvement (1004).
d. Authorize the Finance Department to increase project appropriations from the General Capital Improvement (1004) for a total amount of $73,495.
7. Job Order Contract with MTM Construction Inc. for Public Works Projects
Staff: Charlie Ebeling, Public Works Director
RECOMMENDATION
a. Approve and authorize the City Manager, or designee, to execute Agreement PW25 -1142 with MTM Construction Inc. for a Job Order Contract for a not -to-exceed amount of $3 million for the initial 12 month contract term or expenditure to the maximum value, whichever comes first.
b. Authorize the City Manager, or designee, to execute up to two one - year extensions with any necessary minor changes to scope and general terms.
8. Fourth Amendment to Professional Services Agreement PW23 -1087 with Kennedy/Jenks Consultants, Inc. for Engineering Services, Pump Station – Loma Vista BPS WA20-1176
Staff: Charlie Ebeling, Public Works Director
RECOMMENDATION
Approve and authorize the City Manager, or designee, to execute the Fourth Amendment to Professional Services Agreement PW23 -1087 with Kennedy/Jenks Consultants, Inc. in the amount of $18,180 for a new contract total of $491,280.
9. Final Acceptance of Public Improvements – Tract No. 5883 -3 – Westview Village – Phase 3 – Developer Housing Authority
Staff: Charlie Ebeling, Public Works Director
RECOMMENDATION
a. Accept the public improvements associated with Tract No. 5883-3.
CONSENT ITEMS (CONTINUED)
Tuesday, August 27, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
b. Release the developer from the “Agreement to Construct Improvements.”
c. Authorize the City Clerk to release the grading bonds, 90% of the faithful performance bonds, and 100% of the survey monuments bonds.
d. Authorize the City Clerk to release the labor and materials bonds a minimum of 90 days from the date of final acceptance.
e. Approve and authorize the City Manager to execute the attached Public Improvements Maintenance and Access Agreement with the Housing Authority for the public improvements associated with Phase 3 of the Westview Village Project.
10. Final Acceptance of Public Improvements – Tract No. 5685 – Developer Historic Lodge Development, LP
Staff: Charlie Ebeling, Public Works Director
RECOMMENDATION
a. Accept the public improvements associated with Tract No. 5685.
b. Release the developer from the “Agreement to Construct Improvements.”
c. Authorize the City Clerk to release the grading bonds, 90% of the faithful performance bonds, and 100% of the survey monuments bonds.
d. Authorize the City Clerk to release the labor and materials bonds a minimum of 90 days from the date of final acceptance.
11. General Services Agreement with MSO Technologies, Inc. for VenturaWaterPure and Membrane Bioreactor Projects
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
a. Approve and authorize the City Manager, or designee, to execute a General Services Agreement with MSO Technologies, Inc. for Supervisory Control and Data Acquisition programming for the VenturaWaterPure Program and Membrane Bioreactor Project in the amount of $342,040 with a completion date of December 31, 2027.
CONSENT ITEMS (CONTINUED)
Tuesday, August 27, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
b. Authorize the City Manager, or designee, to execute future amendments with MSO Technologies, Inc. up to a maximum
contingency of $51,306 for a total not -to-exceed Agreement amount of $393,346 and a time extension of 180 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.
12. Purchase of Four Fire Engines
Staff: Charlie Ebeling, Public Works Director
RECOMMENDATION
a. Approve and authorize the City Manager, or designee, to execute an agreement in the amount of $4,569,862 including applicable taxes, discounts, and a Performance Bond to South Coast Fire Equipment, Inc. for the purchase of four Fire Engines for a total not -to-exceed cost of $4,569,862.
b. Authorize the City Manager, or designee, to execute a change order to South Coast Fire Equipment Inc. for this purchase order in a contingency amount not -to-exceed $200,000 for a total not -to-exceed Purchase Order amount of $4,769,862.
c. Authorize the Finance Department to make use of the Prepayment Discount by exercising one of the two options made available in Attachment A.
d. Authorize the City Manager, or the Chief Financial Officer, to execute a lease-purchase agreement with PNC Financial for this purchase. e. Authorize the Finance Department to increase budget appropriations, when necessary, in the Fire Apparatus Replacement Fund (Fund 1064) in increments totaling $4,569,862 to support the purchase in the appropriate fiscal years to match the expenses.
f. Authorize the Finance Department to appropriate a not -to-exceed amount of $200,000 in the Fire Apparatus Replacement Fund (Fund 1064) upon execution of a change order for this purchase. g. Authorize the Finance Department to appropriate upfit costs for this purchase when appropriate in an amount not -to-exceed $680,000 to the Fire Apparatus Replacement Fund (Fund 1064).
FORMAL ITEMS (CONTINUED)
Tuesday, August 27, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
13. Tenant Protections Workplan and Professional Services Agreement with the Housing Rights Center
Staff: Rachel Dimond, Community Development Director
RECOMMENDATION
a. Approve the Tenant Protections Workplan.
b. Authorize the Housing Rights Center to provide landlord and tenant counseling, mediation and education workshops, and fair housing services for City of Ventura residents.
c. Authorize the City Manager, or designee, to enter to a Professional Services Agreement with the Housing Rights Center for a contract expansion for a not -to-exceed amount of $79,144 for the term of July 1, 2024, to June 30, 2025.
d. Authorize the Finance Department to appropriate $79, 144 of General Funds to service this agreement.
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 Cl erk’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.
Tuesday, August 27, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
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, August 20, 2024 at 8:30 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