Tuesday, November 19, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
CITY COUNCIL AGENDA
TUESDAY, November 19, 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
Javan N. Rad
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=m6a67dbc1d6abcbd79c6558999192f673 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: 2557 016 7531.
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, November 19, 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: Thomas Weinell v. City of San Buenaventura Workers’ Compensation Appeals Board Number: ADJ15568918 Authority: Government Code Section 54956.9(d)(1)
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Consideration of 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
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
2 Tuesday, November 19, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
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 Rep ort.
1. Second Amendment to Legal Services Agreement P2024 -095 with Law Firm of Rutan & Tucker, in the case of Open Main Street v. City of San Buenaventura
Staff: Javan N. Rad, City Attorney
RECOMMENDATION
Authorize the City Attorney to enter into a Second Amendment to Agreement no. P2024 -095 with the law firm of Rutan & Tucker in an amount not -to-exceed a total of $215,000 (an additional $65,000), to continue representation of the City in the Open Main Street v. City of San Buenaventura litigation matter.
2. First Amendment Professional Services Agreement with Rincon Consultants Inc. for Services Related to the Bayshore Incident / Sinclair Gas Station Fuel Leak
Staff: Javan N. Rad, City Attorney
RECOMMENDATION
a. Approve the First Amendment to the Professional Services Agreement with Rincon Consultants, Inc. for environmental consulting services related to the Sinclair Gas Station Fuel Leak with a term through June 30, 2025 and a not-to-exceed amount of $135,000.
b. Authorize the City Attorney, or designee, to enter into amendments to said Professional Services Agreement in an additional amount not -to- exceed $50,000 in contingency funding.
3 CONSENT ITEMS (CONTINUED)
Tuesday, November 19, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
3. Consideration of a Resolution Extending the Local Emergency for the Bayshore Incident / Sinclair Gas Station Fuel Leak
Staff: Javan N. Rad, City Attorney
RECOMMENDATION
Adopt a Resolution extending the local emergency proclaimed as a result of the Bayshore Incident / Sinclair Gas Station fuel leak and associated impacts and damage and requesting the Governor to make funds available to assist with recovery. Resolution titled as follows:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, EXTENDING THE LOCAL
EMERGENCY ORIGINALLY PROCLAIMED ON SEPTEMBER 27, 2024”
4. City Council Minutes – Regular Meetings held on October 8, 2024, October 15, 2024, and October 22, 2024
Staff: Michael MacDonald, City Clerk
RECOMMENDATION
Approve City Council Minutes for Regular Meetings held on held on October 8, 2024, October 15, 2024, and October 22, 2024.
5. Professional Services Agreements and Work Order Amendments to the California Environmental Quality Act (CEQA) On -Call Consultant Services
Staff: Rachel Dimond, Community Development Director
RECOMMENDATION
a. Authorize the City Manager, or designee, to execute the Third Amendment to Professional Services Agreement number 2019 -006 with Environmental Science Associates, Inc, extending the term of the Agreement through December 31, 2025.
b. Authorize the City Manager, or designee, to execute the Fourth Amendment to Professional Services Agreement number 2019 -009 with WSP USA Environment & Infrastructure Inc., extending the term of the Agreement through December 31, 2025.
4 CONSENT ITEMS (CONTINUED)
Tuesday, November 19, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
c. Authorize the City Manager, or designee, to execute the Third Amendment to Professional Services Agreement 2019 -014 with Rincon Consultants, Inc., extending the term of the Agreement through December 31, 2025.
d. Authorize the City Manager, or designee, to execute the Second Amendment to Work Order 2023 -01 issued under Professional Services Agreement number 2022 -052 with Michael Baker
International, Inc. to revise the scope of work to include additional tasks, increase the total contract amount by $12,740 for a new not -to- exceed amount of $246,410, and extend the term of the Work Order through December 31, 2025.
e. Authorize the City Manager, or designee, to execute the First Amendment to Work Order 2023 -01 and Second Amendment to Work Order 2021 -01 issued under Professional Services Agreement 2019 - 009 with WSP USA Environment & Infrastructure Inc., extending the terms of the Work Order Agreements through December 31, 2025. f. Authorize the City Manager, or designee, to execute the First Amendment to Work Order 2022 -01 issued under Professional Services Agreement 2019 -014 with Rincon Consultants, Inc., expanding the scope, extending the term of the Work Order Agreement through December 31, 2025, and increasing the total amount by $47,665 for a new not -to-exceed amount of $119,571.62, and the Second Amendment to Work Order 2022 -03 to extend the term of the Work Order Agreement through December 31, 2025.
6. Transmission of Fiscal Year 2025 1st Quarter Financial Update Staff: Greg Morley, Chief Financial Officer
RECOMMENDATION
Receive the Fiscal Year 2025 1st Quarter Financial Update. 5 CONSENT ITEMS (CONTINUED)
Tuesday, November 19, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
7. First Amendment to the Lease Agreement with the Ventura Botanical Gardens, Inc. for Phased Leasing of Designated Areas of Grant Park Staff: Stacey Zarazua, Parks and Recreation Director
RECOMMENDATION
Approve and authorize the City Manager, or designee, to execute the First Amended Lease Agreement between the City of San Buenaventura and the Ventura Botanical Gardens, Inc. for phased leasing of designated areas of Grant Park.
8. First Amendment to Professional Services Agreement 2022-007 with Hamner, Jewell & Associates for Property Acquisition Services for the
State Water Interconnection Project
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
Approve and authorize the City Manager, or designee, to execute a First Amendment to the Professional Services Agreement 2022-007 with Hamner, Jewell & Associates to extend the term of agreement through December 31, 2025 and to increase the maximum compensation contract by $32,000, for a total not-to-exceed amount of $122,260, pursuant to Section 4.600.200 of the Municipal Code.
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.
9. Short-Term Vacation Rentals Ordinance
Staff: Javan N. Rad, City Attorney
RECOMMENDATION
a. Conduct a public hearing.
b. Introduce and waive the first reading of an Ordinance revising Short - Term Vacation Rentals regulations in the San Buenaventura Municipal Code. Ordinance titled:
6 PUBLIC HEARING ITEMS (CONTINUED)
Tuesday, November 19, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
“AN ORDINANCE OF THE CITY OF SAN BUENAVENTURA,
CALIFORNIA, REPEALING CHAPTER 6.455 OF THE SAN
BUENAVENTURA MUNICIPAL CODE, ‘SHORT -TERM VACATION
RENTALS,’ AND ADOPTING CHAPTER 6.455, ‘SHORT -TERM
VACATION RENTALS AND HOMESTAYS’”
c. Adopt a Resolution establishing a schedule of civil penalties imposed through administrative citations for violation of the Municipal Code relating to Short-Term Vacation Rentals. Resolution titled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, ADOPTING A SCHEDULE OF
CIVIL PENALTIES IMPOSED THROUGH ADMINISTRATIVE
CITATIONS FOR VIOLATIONS OF THE SAN BUENAVENTURA
MUNICIPAL CODE RELATING TO SHORT-TERM RENTALS”
d. Direct staff to return with the second reading and adoption of the Ordinance on the next date upon which notice can be provided. e. Find that adoption of the Ordinance and Resolution are exempt from the California Environmental Quality Act pursuant to California Code of Regulations, Title 14, Sections 15061(b)(3) and 15321.
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.
10. Amend the FY25 -29 Capital Improvement Program Workplan to add Downtown Parking Structure at Santa Clara and Palm (ST05 -1026) Project and approve Professional Services Agreement PW25 -1154 with Chen Ryan Associates for a Downtown Ventura Parking Occupancy and Utilization Study
Staff: Charles W. Ebeling, Public Works Director
RECOMMENDATION
As the City Council:
a. Amend the Fiscal Year 2025 -2029 Capital Improvement Program Workplan to add Downtown Parking Structure at Santa Clara and Palm (ST05-1026) project.
7 FORMAL ITEMS (CONTINUED)
Tuesday, November 19, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
b. Approve and authorize the City Manager, or designee, to execute subject Agreement with Chen Ryan Associates in the amount of $77,008 with a contract completion date of December 30, 2025. c. Authorize the City Manager, or designee, to execute future amendments to subject Agreement up to a total maximum
contingency of $7,700 for a total not to exceed Agreement amount of $84,708 and a total time extension of 180 calendar days. d. Authorize the Finance Department to make the necessary transfers and/or appropriations adjustments to support staff’s
recommendations.
e. Direct staff to return to Council by the end of May 2025 with the results of the Parking Occupancy and Utilization Study and provide updated recommendations on the implementation of expanded paid parking.extension of 180 calendar days.
11. County of Ventura Farmworker Housing Study and Action Plan Survey Results
Staff: Rachel Dimond, Community Development Director
RECOMMENDATION
Receive and file a presentation on the survey results conducted as part of Phases 2 and 3 of the Ventura County Farmworker Housing Study and Action Plan.
12. City Council Goals Progress Update
Staff: Bill Ayub, City Manager
RECOMMENDATION
a. Receive and file progress update on the pending City Council goals from 2024/25, 2023/24 and 2022/23.
b. Retire two goals from future quarterly updates: the 2023/24 goal to complete the Fire Services initiative within this calendar year, and the 2022/23 goal to protect and restore Ventura’s coastline. 8 As the San Buenaventura Parking Authority:
FORMAL ITEMS (CONTINUED)
Tuesday, November 19, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
13. Revised Salary Resolution for Unrepresented Employees Staff: Valerie Barroso, Human Resources Director
RECOMMENDATION
Adopt a revised Resolution providing for a Systematic Classification of Positions and a Standardization of Salaries of certain paid officers and employees of the City (Salary Resolution) as of November 23, 2024.
Resolution titled:
“A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
BUENAVENTURA PROVIDING FOR A SYSTEMATIC CLASSIFICATION
OF POSITIONS AND A STANDARDIZATION OF SALARIES FOR
CERTAIN PAID OFFICERS AND EMPLOYEES OF THE CITY OF SAN
BUENAVENTURA AS OF NOVEMBER 23, 2024”
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 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, November 19, 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 Wednesday, November 13, 2024, at 5:00 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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