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Agenda, regular meeting

Ventura City Council
December 10, 2024

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Agenda, regular meeting
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December 10, 2024
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Ventura City Council
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Tuesday, December 10, 2024 Ventura City Council Agenda www.cityofventura.ca.gov

CITY COUNCIL AGENDA
TUESDAY, DECEMBER 10, 2024
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=m531ffe3b5b899779f372b780536a1400 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 043 1598.

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, December 10, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
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:
• World AIDS Day Proclamation
• Ventura Golf Cup Tournament Award Recognition
• End of Year Housing Market Update
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 Rep ort. 2 CONSENT ITEMS (CONTINUED)
Tuesday, December 10, 2024 Ventura City Council Agenda www.cityofventura.ca.gov

1. Ordinance to Remove the Water Resource Net Zero Fee
Requirements for New or Intensified Development and Resolution Repealing the Water Resource Net Zero Fee Effective July 16, 2024 Staff: Javan N. Rad, City Attorney

RECOMMENDATION
a. Introduce and waive the first reading of an Ordinance to remove the Water Resource Net Zero Fee requirements for new or intensified development. Ordinance titled:
“AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, AMENDING CHAPTER 22.180,
‘WATER RIGHTS DEDICATION, WATER RESOURCE NET ZERO
FEE, AND WATER RESOURCE NET ZERO REQUIREMENTS,’ OF

THE SAN BUENAVENTURA MUNICIPAL TO REMOVE THE WATER

RESOURCE NET ZERO FEE REQUIREMENTS FOR NEW OR
INTENSIFIED DEVELOPMENT”
b. Schedule the second reading and adoption of the Ordinance for the December 17, 2024 Regular Meeting.
c. Adopt a Resolution repealing the Water Resource Net Zero Fee effective July 16, 2024 and rescinding Resolution Nos. 2016 -027 and 2021-070.
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

BUENAVENTURA, CALIFORNIA, REPEALING THE WATER
RESOURCE NET ZERO FEE EFFECTIVE JULY 16, 2024 AND
RESCINDING RESOLUTION NOS. 2016-027 AND 2021-070”
d. Find that adoption of said Ordinance and Resolution are exempt from the California Environmental Quality Act pursuant to California Code of Regulations, Title 14, Section 15061(b)(3).

2. Short-Term Vacation Rentals and Homestays Ordinance Adoption and Minimum Annual Transient Occupancy Tax Resolution
Staff: Javan N. Rad, City Attorney

RECOMMENDATION
a. Waive the second reading in full and adopt an Ordinance revising Chapter 6.455, “Short-Term Vacation Rentals.” Ordinance titled:
3 CONSENT ITEMS (CONTINUED)
Tuesday, December 10, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
“AN ORDINANCE OF THE CITY COUNCIL 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”
b. Adopt a Resolution establishing an annual minimum transient occupancy tax to renew a short-term vacation rental permit. Resolution titled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

BUENAVENTURA, CALIFORNIA, ADOPTING A MINIMUM ANNUAL

TRANSIENT OCCUPANCY TAX FOR SHORT -TERM VACATION
RENTAL PERMIT RENEWAL”
c. Find that adoption of said Resolution is exempt from the California Environmental Quality Act pursuant to California Code of Regulations, Title 14, Section 15061(b)(3).

3. Ordinance to Codify Proposed Amendments to the Water Commission and Downtown Parking Advisory Committee, and to Transfer the Responsibilities of the Local / Housing Appeals Board to the City Council
Staff: Michael B. MacDonald, City Clerk

RECOMMENDATION
a. Introduce and waive the first reading of an Ordinance amending chapters 2.410, 2.455, 2.460, and 12.115 of the San Buenaventura Municipal code. Ordinance titled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, AMENDING CHAPTERS 2.410,

2.455, 2.460, AND 12.115 OF THE SAN BUENAVENTURA

MUNICIPAL CODE TO MODIFY THE REQUIREMENTS FOR THE

WATER COMMISSION, DOWNTOWN PARKING ADVISORY
COMMITTEE, AND LOCAL / HOUSING APPEALS BOARD”
b. Set the second reading and adoption of the Ordinance for the next regular City Council meeting.
4 CONSENT ITEMS (CONTINUED)
Tuesday, December 10, 2024 Ventura City Council Agenda www.cityofventura.ca.gov

4. Acceptance of California Department of Justice Tobacco Grant Program Funding
Staff: Rachel Dimond, Community Development Director

RECOMMENDATION
a. Adopt a Resolution to accept and receive the awarded Tobacco Grant Program funds to facilitate the program and to authorize the City Manager, or designee, to conduct all negotiations to enter into agreement, incur grant -related expenses, receive reimbursement for those expenses, and execute any future amendments for the purpose of increasing funding. Resolution titled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

BUENAVENTURA, CALIFORNIA AUTHORIZING THE ACCEPTANCE

OF TOBACCO GRANT PROGRAM FUNDING FROM THE

CALIFORNIA DEPARTMENT OF JUSTICE, OFFICE OF THE
ATTORNEY GENERAL”
b. Authorize the Finance Department to assign increased appropriations and revenues to the proper programs and accounts for their use as provided in the grant.

5. License and Professional Services Agreement with Mercy House Living Centers for Emergency Shelter Operations located at 2323 Knoll Drive, known as “the ARCH”
Staff: Rachel Dimond, Community Development Director

RECOMMENDATION
Authorize the City Manager, or designee, to enter into a License and Professional Services Agreement with Mercy House Living Centers to provide emergency shelter operations at 2323 Knoll Drive for a term of three years from January 1, 2025 to December 31, 2027 with two one - year extension options and a not -to-exceed amount of $2,062,126 per year with annual adjustments consistent with the Consumer Price Index (CPI) of the Los Angeles-Long Beach-Anaheim region.
5 CONSENT ITEMS (CONTINUED)
Tuesday, December 10, 2024 Ventura City Council Agenda www.cityofventura.ca.gov

6. First Amendment to the AXON Agreement – Body Worn Video and Conducted Energy Devices for Police Officers
Staff: Darin Schindler, Chief of Police

RECOMMENDATION
a. Approve and authorize the City Manager, or designee, to sign the five - year agreement with Axon Enterprises to merge our existing contract and purchase Tasers for $2,786,824.
b. Authorize Finance to appropriate a one -time increase of $188,533 to the Fiscal Year 25 General Fund, Police Department Budget.

7. Agreement for Assumption of Risk and Release for Property at 5583 Crestone Court
Staff: Charles W. Ebeling, Public Works Director

RECOMMENDATION
Approve and authorize the City Manager, or designee, to acknowledge the acceptance of risk by the property owners, and the release and indemnification of the City from any and all claims, damages, and liabilities arising out of the redevelopment of the property at 5583 Crestone Court.

8. Construction Contract Agreement No. PW25 -1156 with Toro Enterprises, Inc. for the Cabrillo Village Multi-Use Path Staff: Charles W. Ebeling, Public Works Director

RECOMMENDATION
a. Approve the Cabrillo Village Multi -Use Path project and determine that it is categorically exempt from the California Environmental Quality Act (CEQA) as defined in Article 19 Section 15304 Class 4 (h) of the CEQA guidelines because it is considered a minor alteration to land for the creation of bicycle lanes on existing rights-of-way. b. Waive all Minor Bid Irregularities, Approve and Authorize the City Manager, or designee, to execute subject Agreement with Toro Enterprises, Inc. in the amount of $1,069,955 with a contract completion date of August 31, 2025.
6 CONSENT ITEMS (CONTINUED)
Tuesday, December 10, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
c. Authorize the City Manager, or designee, to execute future amendments to subject Agreement up to a total maximum contingency of $107,000 for a total not -to-exceed Agreement amount of $1,176,955.
d. Adopt a Resolution authorizing the City Manager, or designee, to file claims with the Ventura County Transportation Commission for allocation of Transportation Development Act funds and authorize the Finance Department to assign increased budget appropriations and revenues to the proper project(s) and account(s). Resolution titled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

BUENAVENTURA, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO FILE CLAIMS WITH THE VENTURA COUNTY

TRANSPORTATION COMMISSION FOR ALLOCATION OF

TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FISCAL
YEAR 2024 / 2025 AND 2025 / 2026”

9. Memorandum of Agreement with Various Agencies to Provide Equal Cost Sharing for Santa Clara River Bacteria Monitoring and Reporting Program
Staff: Charles W. Ebeling, Public Works Director

RECOMMENDATION
a. Approve and authorize the City Manager, or designee, to execute Memorandum of Agreement between County of Ventura, City of Ventura, and other responsible parties to share the costs of funding a Santa Clara River Total Maximum Daily Load Monitoring Program. b. Commit to 36 -months contribution of a not -to-exceed amount of $46,632 for indicator bacteria monitoring and reporting, with an end of term January 1, 2028.
7 CONSENT ITEMS (CONTINUED)
Tuesday, December 10, 2024 Ventura City Council Agenda www.cityofventura.ca.gov

10. Memorandum of Agreement with Various Agencies to Provide Equal Cost Sharing for Ventura River Algae Monitoring and Reporting Program
Staff: Charles W. Ebeling, Public Works Director

RECOMMENDATION
a. Approve and authorize the City Manager, or designee, to execute Memorandum of Agreement between County of Ventura, City of Ventura, and other responsible parties to share the cost of funding a Ventura River Algae Total Maximum Daily Load Monitoring Program. b. Commit to 36 -months contribution of a not -to-exceed amount of $129,796 for monitoring and reporting, with an end of term January 1, 2028.

11. Amend the Capital Improvement Program Workplan to Add Project 96970 - Sewerline Replacement - Court Avenue
Staff: Gina Dorrington, Ventura Water General Manager

RECOMMENDATION
Amend the Fiscal Year 2025 -2029 Capital Improvement Program Workplan to Add Project 96970 - Sewerline Replacement – Court Ave.

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. 8 12. Ordinance Amending Chapter 24.430 of the Municipal Code Regarding Accessory Dwelling Unit Regulations to Comply with Recent Changes in State Law, a Local Coastal Program Implementation Plan Amendment to Reflect These Changes; And Finding the Action is Statutorily Exempt from CEQA Under Section 21080.17 of the Public Resources Code (Continued to December 17,2024)
Staff: Rachel Dimond, Community Development Director

RECOMMENDATION
a. Conduct a public hearing.

PUBLIC HEARING ITEMS (CONTINUED)
Tuesday, December 10, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
b. Find that the proposed Ordinances are statutorily exempt from review under the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17.
c. By 4/5 vote, adopt an urgency Ordinance as follows:
“AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF SAN BUENAVENTURA, CALIFORNIA, REPEALING AND
REPLACING CHAPTER 24.430 OF TITLE 24 OF THE SAN

BUENAVENTURA MUNICIPAL CODE RELATING TO ACCESORY

DWELLING UNITS AND FINDING THE ACTION TO BE

STATUTORILY EXEMPT FROM CALIFORNIA ENVIRONMENTAL
QUALITY ACT.”
d. Introduce and waive the first reading of an Ordinance to repeal and replace Chapter 24.430 of the Municipal Code regarding Accessory Dwelling Units. Ordinance titled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN

BUENAVENTURA, CALIFORNIA, REPEALING AND REPLACING
CHAPTER 24.430 OF TITLE 24 OF THE SAN BUENAVENTURA

MUNICIPAL CODE RELATING TO ACCESORY DWELLING UNITS,

AMENDING THE LOCAL COASTAL PROGRAM IMPLEMENTATION

PLAN TO REFLECT THESE AMENDMENTS, AND FINDING THE

ACTION TO BE STATUTORILY EXEMPT FROM CALIFORNIA
ENVIRONMENTAL QUALITY ACT."
e. Set the second reading and adoption of the Ordinance for the next regular City Council meeting.
f. Authorize staff to adjust the Ordinance if required or directed by California Coastal Commission (CCC) staff or the California Department of Housing and Community Development (HCD).
9 Tuesday, December 10, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
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.

13. Street Lighting District 36 and Southern California Edison’s Schedule LS -1 Option E, Energy Efficiency -Light Emitting Diode (LED) Fixture Replacement Rate Program
Staff: Javan N. Rad, City Attorney

RECOMMENDATION
a. Direct staff to no longer investigate the potential purchase of the Southern California Edison operated and maintained streetlights. b. Direct staff to engage with Southern California Edison Company regarding its Schedule LS-1 Option E, Energy Efficiency-Light Emitting Diode (LED) Fixture Replacement Rate Program and return to Council with the applicable agreement for Council approval.

14. Ventura Veterans Home Project (Ventura Springs) Contribution Agreement Amendment and Reimbursement Request
Staff: Rachel Dimond, Community Development Director

RECOMMENDATION
As the City Council:
a. Authorize the City Manager, or designee, to execute the First Amendment to the “Contribution Agreement for Public Improvements” between the City of Ventura and A Community of Friends, increasing the $427,000 contribution by $390,834 for a contribution total of $817,834.
b. Authorize the Finance Department to increase appropriations in the amount of $3 09,933, from the General Fund to parti ally support the increase in contribution.

As the Successor Housing Agency:
a. As the Successor Housing Agency, authorize the use of $80,901 in Successor Housing Agency funds to support the cost of the First Amendment to the “Contribution Agreement for Public Improvements” between the City of Ventura and A Community of Friends. 10 FORMAL ITEMS (CONTINUED)
Tuesday, December 10, 2024 Ventura City Council Agenda www.cityofventura.ca.gov
b. Authorize the Finance Department to increase appropriations in the amount of $ 80,901 from the Successor Housing Agency Fund to partially support the increase in contribution.

15. Membrane Bioreactor/Ultraviolet Light Disinfection Project Update and Third Amendment to the Construction Manager at Risk contract 2023-070 with PCL Construction, Inc.

Staff: Gina Dorrington, Ventura Water General Manager

RECOMMENDATION
a. Receive and file an update on the Membrane Bioreactor/Ultraviolet Light Project.
b. Approve and authorize the City Manager, or designee, to execute a Third Amendment to Contract No. 2023 -070 with PCL Construction, Inc., the Construction Manager at Risk contractor, to increase the maximum compensation of the contract by $73,227, from $1,650,000 for a total not -to-exceed amount of $1,723,227, pursuant to Section

4.600.200 of the Municipal Code.

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.

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.
11 Tuesday, December 10, 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, December 4, 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
12

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