Tuesday, September 10, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
CITY COUNCIL AGENDA
TUESDAY, SEPTEMBER 10, 2024
CLOSED SESSION – 4:30 P.M.
REGULAR MEETING - 5:00 P.M.
CITY COUNCIL CHAMBERS – CITY HALL - 501 POLI STREET, VENTURA, CA 93001 Teleconference Location:
1051 Driftwood Lane
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=m949236666520c3c729cb1172b551d8e7 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: 2554 909 1222.
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 Tuesday, September 10, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
CALL TO ORDER – CLOSED SESSION – 4:30 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
Claimant: Allen Daivs
Date of Injury: March 10, 2013
WCAB: ADJ10896137
Date of Injury: September 27, 2014
WCAB: ADJ12971954
Date of Injury: October 22, 2018
WCAB: ADJ12971952
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 age nda.
ROLL CALL
PLEDGE OF ALLEGIANCE
SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
• Southern California Edison Check Award Presentation
• Housing Authority 75th Anniversary Proclamation
• Suicide Prevention Month
CLOSED SESSION REPORT
2 Tuesday, September 10, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
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, this initial period for general public communications will be limited to twenty (20) speakers, with priority given to in-person speakers over virtual speakers. If there are ten (10) or fewer speakers, each speaker will have three (3) minutes to speak; if there are more than ten (10) speakers, each speaker will have two (2) minutes to speak. Speakers may not cede their time to another speaker. 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. Second Amendment to Legal Services Agreement P2019-045 with Law Firm of Manning Kass, in the case of Hays v. City of San Buenaventura
Staff: Miles Hogan, Interim City Attorney
RECOMMENDATION
Authorize the City Attorney to enter into a Second Amendment to Agreement no. P2019 -045 with the law firm of Manning & Kass, Ellrod, Ramirez, Trester LLP in an amount not -to-exceed a total of $376,000, to continue representation of the City in the Hays v. City of San Buenaventura, et al., litigation matter.
2. Second Amendment to Legal Services Agreement P2024-079 with Law Firm of Manning Kass, in the case of Merrill 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 -079 with the law firm of Manning & Kass, Ellrod, Ramirez, Trester LLP in an amount not -to-exceed a total of $269,500, to continue representation of the City in the Merrill v . City of San Buenaventura, et al., litigation matter.
3 CONSENT ITEMS (CONTINUED)
Tuesday, September 10, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
3. Professional Services Agreement PW25-1141 with Pascuzzo & Pate Golf Design for Landscape Architecture and Engineering Services for Buenaventura Golf Course Improvements
Staff: Charles W. Ebeling, Public Works Director
RECOMMENDATION
a. Approve and authorize the City Manager, or designee, to execute subject Agreement with Pascuzzo Golf Design, Inc. dba Pascuzzo & Pate Golf Services in the amount of $223,680 with a contract completion date of November 30, 2025.
b. Authorize the City Manager, or designee, to execute future amendments to subject Agreement up to a total maximum contingency of $22,368 for a total not-to-exceed Agreement amount of $246,048 and a total time extension of 180 calendar days.
4. Construction Contract PW2025 -1146 with Cushman Contracting Corporation for the Pierpont Stormwater Lift Station Repair Project SW13-1070
Staff: Charles W. Ebeling, Public Works Director
RECOMMENDATION
a. Approve and Authorize the City Manager, or designee, to approve the Pierpont Stormwater Lift Station Project – Weymouth Lane and determine that it is categorically exempt from the California Environmental Quality Act (CEQA) as defined in Article 19 Section 15302 Class 2 of the CEQA guidelines because it consists of the replacement and reconstruction of an existing facility with no increase in capacity.
b. Waive all Minor Bid Irregularities, Approve and Authorize the City Manager, or designee, to execute subject agreement with Cushman Contracting Corporation in the amount of $2,933,500 with a contract completion date of January 31, 2026.
c. Authorize the City Manager, or designee, to execute future amendments to subject Agreement up to a total maximum contingency of $586,700 for a total not-to-exceed Agreement amount of $3,520,200.
4 CONSENT ITEMS (CONTINUED)
Tuesday, September 10, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
5. Professional Services Agreement with Stantec Consulting Services, Inc. to Reinstall the City’s Ventura River Level Gages
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
a. Approve and authorize the City Manager, or designee, to execute the Professional Services Agreement with Stantec Consulting Services, Inc. for the repair, reinstallation, and maintenance of the Ventura River level gages for a total of $71,450 with a term of September 10, 2024 to June 30, 2025.
b. Authorize the City Manager, or designee, to execute future amendments to subject Agreement up to a total maximum contingency of $7,145 for a total not-to-exceed Agreement amount of $78,595.
6. Second Amendment to Professional Services Agreement PW23 -1114 with Rincon Consultants, Inc. for Environmental Support for the Temporary Emergency Repair of the Nye Wells Pipeline
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
a. Approve and authorize the City Manager, or designee, to execute the Second Amendment to the Professional Services Agreement number PW23-1114 with Rincon Consultants, Inc. for the emergency repair of the Nye Wells Conveyance Pipeline increasing it by $70,109 for a total amount of $129,796, and extending the term through December 31, 2025, pursuant to San Buenaventura Municipal Code section
4.600.200.
b. Authorize the City Manager, or designee, to execute future amendments to subject Agreement up to a total maximum contingency of $7,038 for a total not-to-exceed Agreement amount of $136,834.
5 Tuesday, September 10, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
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 th e 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.
7. Inclusionary Housing Program – In-Lieu Fee Update
Staff: Rachel Dimond, Community Development Director
RECOMMENDATION
Adopt a Resolution authorizing the revised In -Lieu fee Schedule and amounts.
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, ADOPTING A REVISED SCHEDULE
OF IN -LIEU FEES PURSUANT TO CITY OF SAN BUENAVENTURA
MUNICIPAL CODE TITLE 25, INCLUSIONARY HOUSING PROGRAM”
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.
8. Designation of Voting Delegate – 2024 Cal Cities General Assembly
Introduced by: Joe Schroeder, Mayor
RECOMMENDATION
Appoint a City Councilmember as the City’s voting delegate for the 2024 Cal Cities General Assembly.
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.
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 a person speaks during the first general public communications period, they do not have an opportunity to speak again during this second period, even if their time was shortened to two (2) minutes during the first period. 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, 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.
6 Tuesday, September 10, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
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 2024
• Budget Principles 2023-2024
• City Charter
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ This agenda was posted on Wednesday, September 04, 2024, at 1:30 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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