Tuesday, October 22, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
CITY COUNCIL AGENDA
TUESDAY, OCTOBER 22, 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=m4d9177e36ec0382c0fe5d3302e43d2c8 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: 2551 297 3740.
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 22, 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 – ANTICIPATED LITIGATION Initiation of Litigation: One Case
Authority: Government Code Section 54956.9(d)(4)
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
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, 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 2 Tuesday, October 22, 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 Report.
1. Ordinance for Second Reading - Development Impact Fee Deferral Program
Staff: Michael MacDonald, City Clerk
RECOMMENDATION
Waive the second reading in full and adopt an 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
4.210, 4.215, 4.220, AND 4.230 TO ALLOW FOR THE DEFE RRAL OF CERTAIN DEVELOPMENT IMPACT FEES.”
2. Ordinance for Second Reading - Sidewalk Vending
Staff: Michael MacDonald, City Clerk
RECOMMENDATION
Waive the second reading in full and adopt an Ordinance reducing the unauthorized vending of goods and services within the City. Ordinance titled:
“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”
3 CONSENT ITEMS (CONTINUED)
Tuesday, October 22, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
3. Westview Village II Critical Items - Community Development Block Grant-Disaster Recovery Multifamily Housing Program Close Out Staff: Rachel Dimond, Community Development Director
RECOMMENDATION
Adopt a resolution acknowledging the project completion of Westview Village II, a 50 -unit affordable rental housing complex located at 247 W.
Warner St. and compliance with all of the requirements set forth in the HCD’s Master Standard Agreement and Notice to Proceed thereby allowing Westview Village II to request release of the 10% retainage of the project award from the California Department of Housing and Community Development.
4. Rubicon Theatre Company Service and Facility Use Agreement for Fiscal Year 2024-2025
Staff: Bill Ayub, City Manager
RECOMMENDATION
a. Review and approve the Service and Facility Use Agreement between the City of San Buenaventura and the Burnon Inc., dba Rubicon Theatre Company, for a not-to-exceed amount of $100,000.
b. Authorize the Finance Department to make the necessary budget adjustments to transfer $100,000 from the General Fund Contingency Account to the City Manager’s Office.
5. Increase Appropriations for the Bayshore Incident / Sinclair Gas Station Fuel Leak
Staff: Greg Morley, Chief Financial Officer
RECOMMENDATION
a. Authorize an increase in appropriations in the amount of $2,700,000 to support emergency response activities that occurred as a result of fuel leaking into the sewer system, using funds from the City’s General Fund Emergency Reserve.
b. Authorize the Finance Department to make the necessary budget adjustments and transfers to facilitate the use of the General Fund Emergency Reserve funding.
4 CONSENT ITEMS (CONTINUED)
Tuesday, October 22, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
c. Approve the plan to replenish the General Fund Emergency Reserve.
6. New Radio Dispatch Console System for the Ventura Police Department
Staff: Mike Shaffer, Chief Technology Officer
RECOMMENDATION
a. Approve and authorize the City Manager, or designee, to negotiate the purchase of a new radio dispatch console system hardware with Commline, Inc. for a not-to-exceed amount of $832,249.
b. Authorize the City Manager, or designee, to execute modifications to the purchase order with Commline, Inc. for a not -to-exceed amount of $83,224, which is a 10% contingency based on the total amount needed for the new radio dispatch console system.
c. Approve and authorize the City Manager, or designee, to execute a professional services agreement with Commline, Inc. for the implementation services as well as the 15-year warranty for a total not- to-exceed amount of $1,478,549.
d. Authorize the Finance Department to make the necessary budget adjustments to support the purchase of the new radio dispatch console system and the costs associated with the professional services agreement with Commline, Inc.
7. Construction Contract PW25-1152 with R.E. Schultz Construction Inc. on Project PM21-0019 Marina Park Playground Replacement Staff: Charlie Ebeling, Public Works Director
RECOMMENDATION
a. Approve and authorize the City Manager, or designee, to approve the Marina Park Playground Replacement Project and determine that it is categorically exempt from the California Environmental Quality Act (CEQA) as defined in Article 19, Section, 15303 Class 3 of the CEQA guidelines because it consists of installation of small playground structures.
b. Waive all minor bid irregularities, Approve and Authorize the City Manager, or designee, to execute the subject Agreement with R.E.
Schultz Construction Inc. in the amount of $439,900 with a contract completion date of February 28, 2025.
5 CONSENT ITEMS (CONTINUED)
Tuesday, October 22, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
c. Authorize the City Manager, or designee, to execute future amendments to the subject Agreement up to a maximum contingency of $43,100 for a total not -to-exceed Agreement amount of $483,000 and a total time extension of 60 calendar days.
d. Authorize the Finance Department to assign increased budget appropriation in the amount of $105,430 from Fund 1018, Parks and Recreation Capital Improvement to the appropriate revenues and to the proper funds, cost centers, projects, and spend categories.
8. Assumption of Risk and Release for the Hawaiian Village Property Staff: Charlie Ebeling, Public Works Director
RECOMMENDATION
Approve and authorize the City Manager, or designee, to acknowledge the acceptance of risk by the property owner, and the release and indemnification of the City from any and all claims, damages and liabilities arising out of the redevelopment of the Hawaiian Village property.
9. General Services Agreements with WaterWise Consulting, Inc. for Water Conservation Programs
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
a. Approve and authorize the City Manager, or designee, to execute the General Services Agreement with WaterWise Consulting, Inc. for administration of the Irrigation Retrofit Program; term November 1, 2024 through October 31, 2025; contract amount not-to-exceed $500,000. b. Authorize the City Manager, or designee, to execute amendments to the Agreement, if necessary, to extend the term of the agreement through October 31, 2029, or modify the Schedule of Compensation in an amount not-to-exceed $500,000 in order to accommodate the need for further analysis or additional scope if required, pursuant to San Buenaventura Municipal Code section 4.600.200.
c. Approve and authorize the City Manager, or designee, to execute the General Services Agreement with WaterWise Consulting, Inc. for administration of the Instant Hot Water Recirculating Pump Program; term November 1, 2024 through October 31, 2025; contract amount not- to-exceed $500,000.
6 CONSENT ITEMS (CONTINUED)
Tuesday, October 22, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
d. Authorize the City Manager, or designee, to execute amendments to the Agreement, if necessary, to extend the term of the agreement through October 31, 2029, or modify the Schedule of Compensation in an amount not-to-exceed $500,000 in order to accommodate the need for further analysis or additional scope if required, pursuant to San Buenaventura Municipal Code section 4.600.200.
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.
10. Tax and Equity Fiscal Responsibility Act Hearing for the Issuance of Bonds Not-to-Exceed $35,000,000 for the 57 -Unit Multi-Family Rental Housing College Community Courts Project
Staff: Rachel Dimond, Community Development Director
RECOMMENDATION
a. Conduct the Public Hearing under the requirements of Tax and Equity Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, as amended (Code).
b. Adopt a Resolution approving the issuance of the Bonds by CMFA, not- to-exceed $35,000,000, for the benefit of College Community Courts LP to provide for the financing of the project.
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.
11. Main Street Moves Downtown Closure Survey Results and Updates Staff: Bill Ayub, City Manager
RECOMMENDATION
Receive the Main Street Moves Downtown Closure Final Survey Report, Metrics Highlights, and California Environmental Quality Act process updates.
7 FORMAL ITEMS (CONTINUED)
Tuesday, October 22, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
12. 2023-2024 Grand Jury Report, Matrix Report, and Adopted Council Policies
Staff: Rachel Dimond, Community Development Director
RECOMMENDATION
Receive and file.
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 communica tions 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.
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 Tuesday, October 16, 2024, at 9:00 a.m. in the City Clerk’s Office, on the City Hall Public Notices Board and on the internet.
Michael B. MacDonald, CMC
City Clerk
8