Tuesday, October 8, 2024 Ventura City Council Agenda
www.cityofventura.ca.gov
CITY COUNCIL AGENDA
TUESDAY, OCTOBER 8, 2024
UPDATED LINK
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=m3b1c18a9d298c1c140811a94be8df491 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: 2550 824 7357.
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, October 8, 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
McMillan v. County of Ventura, et al.
VCSC Case No. 2023CUPP008521
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
• State of the City
• Code Enforcement Week Presentation and 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
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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 t en (10) Public Communications speakers, each speaker's time shall be reduced to two (2) minutes 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 Admi nistrative Report. Each speaker will have three (3) minutes.
1. City Council Minutes – Regular Meetings held on August 20, 2024, August 27, 2024, and September 10, 2024. Special Closed Session Meetings held on April 13, 2024, August 21, 2024, and August 27, 2024. Special Meeting held on August 16, 2024
Staff: Michael MacDonald, City Clerk
RECOMMENDATION
Approve City Council Minutes for Regular Meetings held on held on August 20, 2024, August 27, 2024, and September 10, 2024. Approve City Council Minutes for Special Closed Session Meetings held on April 13, 2024, August 21, 2024, and August 27, 2024. Approve City Council Minutes for Special Meeting held on August 16, 2024.
2. Professional Services Agreement with RRM Design Group for Accessory Dwelling Unit Designs
Staff: Rachel Dimond, Community Development Director
RECOMMENDATION
a. Authorize the City Manager, or designee, to enter into a Professional Services Agreement with RRM Design Group to develop seven (7) Accessory Dwelling Unit (ADU) Designs with a not -to-exceed amount of $147,635.
b. Authorize the Finance Department to appropriate $147,635 of General Funds to this service agreement.
3 CONSENT ITEMS (CONTINUED)
Tuesday, October 8, 2024 Ventura City Council Agenda
www.cityofventura.ca.gov
3. Ventura Veterans Home Project (Ventura Springs) Stormwater Infrastructure Maintenance Plan Update and Consultant Agreement Amendment
Staff: Rachel Dimond, Community Development Director
RECOMMENDATION
As the City Council:
a. Receive and approve drafts of the Stormwater Infrastructure Maintenance Agreement and Stormwater Infrastructure Easement Agreement.
b. Authorize the City Manager, or designee, to negotiate, finalize, and execute the Stormwater Infrastructure Maintenance Agreement and Stormwater Infrastructure Easement Agreement.
As the Successor Housing Agency:
a. Authorize the City Manager, or designee, to execute the Eighth Amendment to Professional Services Agreement 2017 -118 with Dyer Sheehan Group for an increase of $40,000 for a new not -to-exceed contract amount of $432,500 and to extend the term through December 31, 2025 to continue services through project completion. b. Approve Successor Housing Agency Fiscal Year 2024 -2025 funding up to $40,000 to cover additional costs for consultant services as detailed in this report.
4. Approval of Side Letter of Agreement with Ventura City Firefighters’ Association (VCFA) regarding Temporary Change in Uniform Allowance Pay
Staff: Valerie Barroso, Human Resources Director
RECOMMENDATION
Approve and authorize the City Manager, or designee, to execute on behalf of the City an updated Side Letter of Agreement between the City and Ventura City Firefighters’ Association, providing a temporary change in uniform allowance pay until vacancies and operational needs are met. 4 CONSENT ITEMS (CONTINUED)
Tuesday, October 8, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
5. Approve Annual Fees for the Microsoft Enterprise Agreement Staff: Mike Shaffer, Chief Technology Officer
RECOMMENDATION
a. Approve payment in the amount of $374,754 to CDW -G for the final installment of annual fees associated with the Microsoft Enterprise Agreement and increase the not-to-exceed amount of the agreement by $214,170 for a new total not-to-exceed amount of $989,997. b. Authorize the Finance Department to increase FY 2025 budget in the Information Technology Fund (1061) up to $139,732 to support expenditures for the annual Microsoft Enterprise payment.
6. Design Services Agreement PW25 -1149 with the Southern California Regional Rail Authority for the Santa Paula Branch Line Rails with Trails Project, Project No. ST23-1244
Staff: Charlie Ebeling, Public Works Director
RECOMMENDATION
a. Approve and authorize the City Manager, or designee, to execute subject agreement with the Southern California Regional Rail Authority in the amount of $169,999 with a completion date of December 31, 2025.
b. Authorize the City Manager, or designee, to execute future amendments to subject Agreement up to a total maximum contingency of $130,000 for a total not to exceed Agreement amount of $299,999 and a total time extension of 180 days.
7. Third Amendment to General Services Agreement PW22 -1064 with Merrimac Energy Group for Fuel Supplier Services
Staff: Charlie Ebeling, Public Works Director
RECOMMENDATION
a. Approve and authorize the City Manager, or designee, to execute the Third Amendment to Merrimac Energy Group General Services Agreement No. PW22-1064 for fuel supplier services and increase the contract by $1,415,961 for a new total not -to-exceed amount of $5,339,161.
5 CONSENT ITEMS (CONTINUED)
Tuesday, October 8, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
b. Authorize the City Manager, or designee, to execute future modifications in the annual compensation not -to-exceed $100,000 funds per fiscal year.
8. Professional Services Agreement with Rincon Consultants, Inc. to Provide Environmental and Permitting Support for the Ventura River Fish Passage Debris Removal
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
a. Approve and authorize the City Manager, or designee, to execute a Professional Services Agreement with Rincon Consultants, Inc. to provide environmental and permitting support for the Ventura River Fish Passage Debris Removal Project; agreement term October 8, 2024 to June 30, 2026, for a total amount of $155,134.
b. Authorize the City Manager, or designee, to execute amendments, if necessary, to extend the term of the agreement for up to one year or modify the Schedule of Compensation in an amount not-to-exceed $15,513 to accommodate the need for further support or additional scope if required, pursuant to San Buenaventura Municipal Code section 4.600.200.
9. Fourth Amendment to the Professional Services Agreement 2022-022 with Raftelis Financial Consultants, Inc. for Financial Plan Updates and Long-Term VenturaWaterPure Program Support
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
Approve and authorize the City Manager, or designee, to execute the Fourth Amendment to the Professional Services Agreement 2022 -022 with Raftelis Financial Consultants, Inc. to extend the term through June 30, 2025.
6 CONSENT ITEMS (CONTINUED)
Tuesday, October 8, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
10. Professional Services Agreement with Raftelis for Water and Wastewater Cost of Service and Rate Design Study and
VenturaWaterPure Program Support
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
a. Approve and authorize the City Manager, or designee, to execute a Professional Services Agreement with Raftelis to update the City’s water and wastewater rate study; agreement term October 8, 2024 to June 30, 2030 in the amount of $468,535.
b. Authorize the City Manager, or designee, to execute future amendments to subject Agreement up to a total maximum contingency of $46,854 for a total not-to-exceed Agreement amount of $515,388, or to modify the Agreement to accommodate the need for further analysis or additional scope if required.
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. Development Impact Fee Deferral Program
Staff: Rachel Dimond, Community Development Director
RECOMMENDATION
a. Conduct a public hearing.
b. Find the Development Impact Fee Deferral Program Ordinance to be exempt from the California Environmental Quality Act (CEQA) as provided by the Common Sense Exemption pursuant to Section 15061(b)(3) of the CEQA guidelines.
c. Introduce and approve the first reading of the Ordinance, titled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, ADDING SECTION 4.205,
“DEVELOPMENT IMPACT FEES DEFERRAL PROGRAM” TO THE
SAN BUENAVENTURA MUNICIPAL CODE AND AMENDING
SECTIONS 4.145, 4.150, 4.210, 4.215, 4.220, AND 4.230 TO ALLOW
FOR THE DEFERRAL OF CERTAIN DEVELOPMENT IMPACT
FEES”
7 PUBLIC HEARING ITEM (CONTINUED)
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d. Set the second reading and adoption of this Ordinance at the October 22, 2024 City Council meeting
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. If there are more than twenty (20) speakers on an item, the speaker time will be automatically reduced to two (2) minutes . Members of the public may cede their time for a maximum speaking time of nine (9) minutes.
12. Adoption of a Resolution Appointing Javan N. Rad to the Position of City Attorney and Approving an Employment Agreement that Establishes Salary and Benefits for the Position of City Attorney Introduced by: Joe Schroeder, Mayor
Dr. Jeannette-Sánchez-Palacios, Deputy Mayor
RECOMMENDATION
It is recommended that City Council adopt a resolution appointing Javan N. Rad to the position of City Attorney and approving an employment agreement that establishes salary and benefits for the position of City Attorney.
13. Sidewalk Vending Ordinance
Staff: Miles Hogan, Interim City Attorney
RECOMMENDATION
a. Determine that the Sidewalk Vending Ordinance is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15061(b)(3) in that the adoption of these regulations merely implements a regulatory process that will not foreseeably result in construction activities or other physical activities, either directly or indirectly.
b. Introduce, and waive the first reading of, the Sidewalk Vending Ordinance in order to reduce the unauthorized vending of goods and services within the City. Ordinance titled as follows:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, TO PROMOTE PUBLIC HEALTH,
SAFETY AND WELFARE BY ADDING CHAPTER 6.1050 TO TITLE 6
TO REGULATE SIDEWALK VENDING ON PUBLIC LAND”
8 FORMAL ITEM (CONTINUED)
Tuesday, October 8, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
c. Direct Staff to schedule the second reading and adoption of the Ordinance for the next Regular Meeting upon which notice can be provided.
PUBLIC NOTICES: Items listed under Public Notices are a matter of public record only. These items do not require City Council action or public comment.
A. Public Notice – Approval of Final Map for Tract No. 5632-4 Staff: Charlie Ebeling, Public Works Director
RECOMMENDATION
Receive and file the public notice for Final Map Tract No. 5632-4.
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 to two (2) minutes so that all speakers have an equal time to speak.
City Council cannot act on any items not on the agenda. If a speakers speaks during the first round, they do not have an opportunity to speak again during the second period.
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.
9 Tuesday, October 8, 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 2024
• Budget Principles 2023-2024
• City Charter
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ This agenda was posted on Tuesday, October 1, 2024, at 6:30 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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