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Agenda, regular meeting

Ventura City Council
May 6, 2025

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Agenda, regular meeting
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May 6, 2025
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Ventura City Council
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Tuesday, May 6, 2025 Ventura City Council Agenda
www.cityofventura.ca.gov

REVISED CITY COUNCIL AGENDA
REMOVED ITEM 1 FROM CLOSED SESSION AGENDA ON MAY 1, 2025 TUESDAY, MAY 6, 2025
CLOSED SESSION – 4:00 P.M.

REGULAR MEETING - 5:00 P.M.

CITY COUNCIL CHAMBERS – CITY HALL - 501 POLI STREET, VENTURA, CA 93001 DR. JEANNETTE SÁNCHEZ-PALACIOS, MAYOR
Councilmembers:

DISTRICT 1 – LIZ CAMPOS DISTRICT 5 – BILL MCREYNOLDS
DISTRICT 3 – RYYN SCHUMACHER
DISTRICT 2 – DOUG HALTER, DEPUTY
MAYOR
DISTRICT 6 – JIM DURAN
DISTRICT 7 – ALEX MANGONE
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=m052f1397d007d853a0b7d13571438966 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 268 3064 ; Use Password Code: 74337952
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 10:00 p.m. Any items outstanding at that time will be deferred until the next regularly scheduled meeting . 1 Tuesday, May 6, 2025 Ventura City Council Agenda
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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: Montoya v. MSP Sports Advisors, LLC, et al.

Ventura County Superior Court Case No. 2025CUPP037562
Authority: Government Code Section 54956.9(d)(1)

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Claimant: Stephanie Avila
Workers’ Compensation Appeals Board Number: ADJ188833449 Authority: Government Code Section 54956.9(d)(1)

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Name of Case: Joshua Butler v. City of San Buenaventura Workers’ Compensation Appeals Board Numbers: ADJ18893090 and ADJ18611249 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:
• Interface Children and Family Services Presentation
• Municipal Clerk’s Week Proclamation

CLOSED SESSION REPORT
2 Tuesday, May 6, 2025 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 Rep ort.

1. First Amendment to Legal Services Agreement P2024 -062 with Burke, Williams & Sorenson, LLP for Representation of the City in Johnson v. City of San Buenaventura

Staff: Javan N. Rad, City Attorney

RECOMMENDATION

Authorize the City Attorney to enter into an Amendment to the Legal Services Agreement with Burke, Williams & Sorenson, LLP to increase the compensation to an amount not -to-exceed $130,000 (increase of $70,000), to continue representation of the City in Johnson v. City of San Buenaventura.

2. Sixth Amendment to Legal Services Agreement P202 2-014 for Outside Counsel Services – Best, Best & Krieger for On Call Services

Staff: Javan N. Rad, City Attorney

RECOMMENDATION

a. Authorize the City Attorney to amend the Legal Services Agreement with Best, Best and Krieger, LLP for on call services to increase the compensation to an amount not -to-exceed $1,575,000 (increase of $550,000).

3 CONSENT ITEMS (CONTINUED)
Tuesday, May 6, 2025 Ventura City Council Agenda www.cityofventura.ca.gov

b. Authorize the Finance Department to assign increased budget appropriation and revenues to the proper cost center and accounts in the amount of $187,000 of General Fund for FY 2025.

3. Third 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 Third Amendment to Agreement no. P2024-095 with the law firm of Rutan & Tucker in an amount not -to- exceed a total of $ 305,000 (an additional $90,000), to continue representation of the City in the Open Main Street v . City of San Buenaventura litigation matter.

4. Resolution Updating City Council Protocols Pertaining to (a) Appointments and Recommendation Committee Procedures; and (b) Allowing Signs that do not Obstruct Views or Disrupt Meetings

Staff: Javan N. Rad, City Attorney

RECOMMENDATION

a. Receive the revised updated City Council Protocols.

b. Adopt a Resolution adopting the updated City Council Protocols to be used for City Council meetings after May 6, 2025.

5. Second Amendment to Professional Services Agreement No. 2019 - 120 with Historic Resources Group, LLC for Historic Preservation Context Statement and Survey

Staff: Rachel Dimond, Community Development Director

RECOMMENDATION

Approve and authorize the City Manager, or designee, to execute the Second Amendment to Professional Services Agreement (PSA) 2019 -120 with HRG to increase the agreement amount by $28,806 for a new not -to- exceed amount of $178,806 and extend the term of the agreement through June 30, 2026.

4 CONSENT ITEMS (CONTINUED)
Tuesday, May 6, 2025 Ventura City Council Agenda www.cityofventura.ca.gov

6. First Amendment to Master Services Agreement No. P2024 -084 for Information Technology Services with AllConnected

Staff: Mike Shaffer, Chief Technology Officer

RECOMMENDATION

Approve and authorize the City Manager, or designee, to execute the First Amendment to Master Services Agreement No. P2024 -084 with AllConnected to increase the contract by $528,000 for a new not -to- exceed amount of $828,000 for the specialized information technology services required. This new total amount includes a project contingency in the amount of $48,000.

7. Fire Facilities Improvements – HVAC Phase 1 Stations 1, 3, 4, and 6 – (FA22-1198) Bid Protest and Award of Contract and Construction Management Contract Agreement PW25-1168 with CSG Consultants

Staff: Charles W. Ebeling, Public Works Director

RECOMMENDATION

a. Consider the Appeal of the City Engineer’s decision to deny the bid protest submitted by Comfort International for Fire Facilities Improvements – HVAC Phase 1 Stations 1, 3, 4, and 6.

b. Uphold the City Engineer’s decision denying the bid protest submitted by Comfort International for Fire Facilities Improvements – HVAC Phase 1 Stations 1, 3, 4, and 6 and reject the bid submitted by Comfort International in the amount of $1,889,438 as nonresponsive.

c. Based on the result of City Council’s determination on recommendations a and b, waive all minor bid irregularities and approve and authorize the City Manager, or designee, to execute a construction contract with the City Council -determined lowest responsive and responsible bidder for the construction contract of the Fire Facilities Improvements – HVAC Phase 1 Stations 1, 3, 4, and 6 in the amount of the applicable bid, and authorize the City Manager, or designee, to execute future amendments to the construc tion contract up to a maximum contingency of 15% of the bid and a total time extension of ninety calendar days.

d. Approve and authorize the City Manager, or designee, to execute the Professional Services Agreement PW25 -1168 with CSG Consultants, Inc. for construction management services in the amount of $238,110 and a contingency in the amount of $35,717.
5 CONSENT ITEMS (CONTINUED)
Tuesday, May 6, 2025 Ventura City Council Agenda www.cityofventura.ca.gov

e. Authorize the Finance department to make the necessary budget adjustments for the use of Investment Plan Funding that are dedicated for Fire Stations.

f. Authorize the Finance department to increase CIP project appropriations in an amount not to exceed $342,880 in Fund 1065 - Facilities Maintenance ISF.

8. Fifth Amendment to General Services Agreement No. P2022 -002 with BSN, Inc. for Street and Sidewalk On-Call Construction Services

Staff: Charles W. Ebeling, Public Works Director

RECOMMENDATION

a. Approve and authorize the City Manager, or designee, to execute the Fifth Amendment to General Services Agreement No. P2022 -002 with BSN, Inc. in the amount of $370,000, for a new not -to-exceed contract amount of $1,586,315, cumulatively, for the remaining 14 months of the contract.

b. Authorize the City Manager, or designee, to exercise the remaining option to extend the contract term through Fiscal Year 2026.

9. Third Amendment to General Services Agreement No. P2023 -091 with Precision Concrete Cutting, Inc. for On -Call Sidewalk Grinding and Inspection Services

Staff: Charles W. Ebeling, Public Works Director

RECOMMENDATION

a. Approve and a uthorize the City Manager, or designee, to execute the Third Amendment to General Services Agreement No. P2023-091 with Safe Sidewalks, Inc. doing business as Precision Concrete Cutting, Inc. increasing the amount by $1,425,792, for a new total not-to- exceed contract amount of $1,725,792 cumulatively for the five -year contract period, expiring June 30, 2028.

b. Authorize the City Manager , or designee , to exercise the remaining options to extend the contract term through Fiscal Year 2028.

6 CONSENT ITEMS (CONTINUED)
Tuesday, May 6, 2025 Ventura City Council Agenda www.cityofventura.ca.gov

10. Sixth Amendment to Professional Services Agreement 2021-058 with Stantec Consulting Services, Inc. for Assistance with Implementing the Pre-Construction Assessment Program

Staff: Gina Dorrington, Ventura Water General Manager

RECOMMENDATION

Authorize the City Manager, or designee, to execute the Sixth Amendment to Professional Service Agreement 2021 -058 with Stantec Consulting Services, Inc., extending the term from July 1, 2025 to June 30, 2026, and increasing the contract amount by $689,308 for a new not- to-exceed total of $3,101,497 pursuant to Section 4.600.200 of the Municipal Code.

11. Increase to Purchase Order No. 0003576 for Rain for Rent for Emergency Bypass Pumping

Staff: Gina Dorrington, Ventura Water General Manager

RECOMMENDATION

Approve an increase to Purchase Order #0003576 with Rain for Rent by $750,000 for the continuation of operation of an emergency bypass pumping for a not-to-exceed amount of $1,721,670.

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.

12. 2025-2029 Regional Consolidated Plan, Analysis of Impediments to Fair Housing Choice, Citizen Participation Plan, and Neighborhood Revitalization Strategy Area Drafts

Staff: Rachel Dimond, Community Development Director

RECOMMENDATION

a. Conduct a Public Hearing.

b. Approve the 2025 -2029 Regional Consolidated Plan, the Analysis of Impediments to Fair Housing, Citizen Participation Plan, and the Neighborhood Revitalization Strategy Area Plan (NRSA) for submission to US Department of Housing and Urban Development (HUD).

7 PUBLIC HEARING ITEMS (CONTINUED)
Tuesday, May 6, 2025 Ventura City Council Agenda www.cityofventura.ca.gov

13. Adoption of the 2025 -2026 Annual Action and Funding Plan – Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME)

Staff: Rachel Dimond, Community Development Director

RECOMMENDATION

a. Conduct a Public Hearing.

b. Review and finalize the project selections for Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funding based on Fiscal Year 2025 -26 projections from the prior year, for inclusion in the Annual Action Plan.

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.

14. Resolution Providing City Event Support Services for Jackalope Block Party Ventura 2026

Staff: Bill Ayub, City Manager

RECOMMENDATION

Adopt a Resolution authorizing the City Manager, or designee, to execute an Agreement for providing City Event Support Services for Jackalope Block Party Ventura 2026.

8 FORMAL ITEMS (CONTINUED)
Tuesday, May 6, 2025 Ventura City Council Agenda www.cityofventura.ca.gov

15. Construction Contract with Toro Enterprises for Olivas Park Drive Extension and Levee (ST99 -1002) and Approval of Funding Agreement

Staff: Charles W. Ebeling, Public Works Director

RECOMMENDATION

a. Find under California Public Resources Code Section 21166 and the State’s California Environmental Quality Act Guidelines Section 15162, on the basis of substantial evidence contained in the whole record, that since certification of the Environmental Impact Report (EIR No. 11–10–4397; State Clearinghouse No. 1995081004) on July 21, 2014, and approval of an Addendum on December 2, 2019, there have been no changes to the project, changes with respect to the circumstances under which the project is being undertaken, or new information of substantial importance concerning the project, which cause new significant environmental effects or a substantial i ncrease in the severity of previously identified significant effects, and therefore no additional environmental review is required for the Olivas Park Drive Extension and Levee project.

b. Waive all Minor Bid Irregularities, Approve and, subject to a fully - executed Funding Agreement, authorize the City Manager, or designee, to execute subject Agreement with Toro Enterprises, Inc. in the amount of $37,021,736. with a contract completion date of August 31, 2027.
c. Authorize the City Manager, or designee, to execute future amendments to subject Agreement up to a total maximum contingency of $3,702,173. for a total not -to-exceed Agreement amount of $40,723,910. and a total time extension of 180 calendar days. d. Approve deferring the five projects on the Deferred Project List recommended by City staff within this staff report (Attachment E). e. Authorize the Finance Department to make the necessary appropriation adjustments and fund transfers necessary to support City staff’s recommendations.
f. Authorize a temporary suspension of Administrative Policy and Procedure 14.7, section 14.7.21.B General Fund Unassigned Balance Policies allowing the use of $5,000,000 of General Fund Unassigned Fund Balance to support the project.

9 FORMAL ITEMS (CONTINUED)
Tuesday, May 6, 2025 Ventura City Council Agenda
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g. Uphold City Engineer’s decision denying the bid protest submitted by Empire Equipment Services and accept the bid by Toro Enterprises Inc.
h. Introduce and waive the first reading of an Ordinance Repealing Ordinance No. 2022-023. Ordinance titled:
“AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, REPEALING ORDINANCE NO.
2022-023 REGARDING A DEVELOPMENT AGREEMENT WITH

HOFER PROPERTIES, LLC, VENTURA OLIVAS COMPANY, LLC,
AND WF GOLF COURSE, LLC”
i. Authorize the City Manager, or designee, to execute a Funding Agreement between the City of Ventura and Hofer Properties, LLC/Hofer Vineyards LLC/Paul B. Hofer, & Sons LLC/Ventura Olivas Company, LLC/WF Golf Course, LLC for $10,000,000, so long as the agreement or a substantially similar version within the City Council’s authorization is fully executed within 14 days of this action.

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 Cle rk’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 American with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at (805) 658 -4787 or the California Relay Service at 711. Notification 72 hours prior will enable the City to make reasonable arrangements for accessibility to this meeting. AP&P 6.04, accessible at the link below, explains procedures for receiving and resolving requests for accommodation to participate in or conduct this meeting. https://www.cityofventura.ca.gov/DocumentCenter/View/43474/APP-604-21225 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.
10 Tuesday, May 6, 2025 Ventura City Council Agenda
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Resource Items for the Public:
• City Council Protocols (which includes Rules of Decorum for the Public) • City Council Goals 2025-2026
• Budget Principles 2021-2022
• City Charter/Municipal Code
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ This agenda was posted on Wednesday, April 30, 2025 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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