CITY OF VENTURA
CITY COUNCIL . MtNUT£S
MONDAY, DECEMBER 5, 2022
REVISED ON DECEMBER 2, 2022
CLOSED SESSION - 5:00 P.M.
REGULAR MEETING - 6:00 P.M.
CITY COUNCIL CHAMBERS - CITY HALL - 501 POLI STREET, VENTURA, CA 93001 TELECONFERENCE LOCATION -1735 SAN GABRIEL AVENUE, VENTURA CA 93004
SOFIA RUBALCAVA, MAYOR
DISTRICT 2 - DOUG HALTER
DISTRICT 3 - MIKE JOHNSON
DISTRICT 4 - JEANNETTE SANCHEZ
PALACIOS
Akbar Alikhan
Acting City Manager
Councilmembers:
DISTRICT 5 - JIM FRIEDMAN
DISTRICT 6 - LORRIE BROWN
DISTRICT 7 - JOE SCHROEDER, DEPUTY
MAYOR
Andrew Heglund
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/718Nideos 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=mc78e9161ad106bf1ff61 d468a6031 f30 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: 2556 321 4306 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 4:00 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.
December 5, 2022 Ventura City Council Minutes
www.cityofventura.ca.gov
CALL TO ORDER - CLOSED SESSION: 5:01 p.m.
ROLL CALL
Present:
Absent:
Councilmembers Sanchez-Palacios, Brown, Johnson, Halter, Friedman, Deputy Mayor Schroeder, and Mayor Rubalcava
None
Mayor Rubalcava presiding
PUBLIC COMMUNICATIONS: Public comments on Closed Session Items only.
CLOSED SESSION: TeleconferenceNideo Conference Meeting. The Public may not participate in the Closed Session, other than for Public Comments.
1. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Three Cases
Authority: Government Code Section 54956.9(d)(2)
Action: No reportable action.
ADJOURNMENT: 6:01 p.m.
CALL TO ORDER- REGULAR SESSION: 6:10 p.m.
ROLL CALL
Present:
Absent:
Councilmembers Sanchez-Palacios, Brown, Johnson, Halter, Friedman, Deputy Mayor Schroeder, and Mayor Rubalcava
None
Mayor Rubalcava presiding
PLEDGE OF ALLEGIANCE: Deputy Mayor Schroeder
SPECIAL PRESENTATIONS AND ANNOUNCEMENTS
• Thomas Fire Anniversary
CLOSED SESSION REPORT: City Attorney Andy Heglund reported that there was no reportable action.
December 5, 2022 Ventura City Council Minutes
www.cityofventura.ca.gov
CITY COUNCIL COMMUNICATIONS
Councilmember Halter
• Requested that the meeting be adjourned in honor of all the Firefighter for their critical response on the Thomas Fire.
• Adjourn in memory of Julia Campbell
Councilmember Sanchez-Palacios
• Acknowledged and thanked all of the residents of the City and the first responder for their response to the Thomas Fire and for coming together during a difficult time to build community through gained friendships.
Councilmember Johnson
• Thanked all of the first responders for the Thomas Fire response. • Wed 12/7, 6:30pm: Roundtable on Good Government Reforms. Cuernavaca Taqueria at Flint & Ventura Avenue.
• Sat 12/10, 1 0am-noon: Second Saturday Cleanup. Lots of graffiti to cover up along the path just south of the 126. Meet at Victoria and Thille. Wear old clothes. • Sat 12/11, 4 to 7pm: Holiday Parade on Wheels, Community Park, www.BikeVentura.org Councilmember Friedman
• Announced that he was participating remotely due to COVID and provided a word of caution for folks through the holidays while visiting family.
Mayor Rubalcava
• Requested that the meeting be adjourned in memory of two west side residents: Abraham Flores Garcia, a local vendor, and Rosita Lopes who passed away at 101 years old.
Councilmember Brown
• Recognized the 100th birthday of Miss Wilson.
CITY MANAGER COMMUNICATIONS
Deputy City Manager Barry Fisher provided the following update:
• VPD Community Academy: The deadline to apply for the 10-week program is Saturday, December 31.
• Castro Family Toy Drive: In partnership with the Health Care Foundation of Ventura County, VPD is accepting donations in December.
• Holiday Closure: City Hall closed the last week of December and back after the New Year • Next City Council Meeting: December 12, 2022 - Swearing in of new City Councilmembers
December 5, 2022 Ventura City Council Minutes
www.cityofventura .ca.gov
PUBLIC COMMUNICATIONS
Supplemental Packet: Communications posted online .
Public Speakers: Lang Martinez, Rosanna Sena, Caitlin Brooks, Annie McGavren, Liana Lucey, Matt Bello, KC Rodriguez, Terrence Foley, Amy Cherrie, Sane M., Spencer Noren, Steven Quat, Glenn Overley
CONSENT ITEMS
Action: M/S/C (Johnson/Sanchez-Palacios) to approve the Consent Items in one motion as presented.
Vote: All Ayes
1. Move all Resolutions and Ordinances presented tonight be deemed read by title only and all further reading be waived .
2. Request for Authorization to Amend Outside Counsel Services Agreement for Representation of the City in the Matter of California Water Impact Network v. City of San Buenaventura
3. Staff: Andy Heglund, City Attorney
RECOMMENDATION
Authorize the City Attorney to execute an amendment to the agreement with the law firm of Best, Best & Krieger, LLP to extend legal services in the California Water Impact Network v. City of San Buenaventura litigation matter in an amount not to exceed an additional $30,000.
Action: No Speakers. Approved recommendation.
Fire Department Used Squad Purchase
Staff: David Endaya, Fire Chief
RECOMMENDATION
a. Authorize the Fire Chief to negotiate the purchase of a used squad as opportunities arise.
December 5, 2022 Ventura City Council Minutes
www.cityofventura .ca.gov
CONSENT ITEMS (CONTINUED)
4. 5.
b. Authorize Finance to increase revenue appropriations in the General Fund by $150,000 from the assigned fund balance for Paramedic Services and to transfer $150,000 from the General Fund to the Fleet Internal Service Fund.
c. Exempt the purchase of this vehicle from the City's competitive procurement requirements given that (1) the vehicle is purchased from a governmental agency and (2) the City's Fleet Division determines that the vehicle is in good working order and that the vehicle is being purchased at a fair price.
Action: No Speakers. Approved recommendation.
Professional Services Agreement No. 2021-089 First Amendment to the Citywide Classification and Compensation Study - Public Sector Personnel Consultants
Staff: Danielle Keys, Human Resources Director
RECOMMENDATION
Approve and authorize the Mayor to execute the First Amendment to the Professional Services Agreement with Public Sector Personnel Consultants to extend the agreement through June 30, 2023.
Action: No Speakers. Approved recommendation. Agreement No. 2021-089.1.
Adoption of Revised Salary Resolution for Unrepresented Employees Staff: Danielle Keys, 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 December 24, 2022.
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 DECEMBER 24, 2022."
December 5, 2022 Ventura City Council Minutes
www.cityofventura .ca.gov
CONSENT ITEMS (CONTINUED)
Action: No Speakers. Approved recommendation. Resolution No. 2022-084.
6. Consideration of Approval of Construction Contract with American Civil Constructors West Coast LLC on Proiect 91088 - Bridge Preventative Maintenance Proiect Phase I
Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
a. Approve the project and determine that it is categorically exempt from the California Environmental Quality Act (CEQA) as defined in Article 19 Section 15301 (c) of the CEQA guidelines because it consists of repair of existing facilities.
b. Approve the contract and authorize the Mayor to execute an agreement with the responsive and responsible bidder , American Civil Constructors West Coast LLC, for the Bridge Preventative Maintenance Project Phase I in the amount of $810,000.
c. Authorize the Public Works Director or designee to execute future amendments to subject Agreement up to a total maximum contingency of $81,000 for a total not-to-exceed Agreement amount of $891,000. d. Authorize an increase to the Fiscal Year 2023 budget in the amount of $338,118 from Fund 05 - Measure O and authorize the Finance Department to assign increased budget appropriation and revenues to the proper project(s) and account(s).
Action: No Speakers. Approved recommendation. Agreement No. 2022-073.
7. General Services Agreement No. P2022-002 Second Amendment with BSN, Inc. for Street and Sidewalk On-Call Construction Services Staff: Phillip Nelson, Public Works Director
RECOMMENDATION
a. Approve and authorize the Mayor or designee to execute contract Amendment No. 2 to General Service Agreement No. P2022-002 with BSN, Inc. in the amount of $900,000, for a new total not-to-exceed contract amount of $1,216,315 , cumulatively, for the remainder of Fiscal Year 2023 and an additional three years of the five-year contract.
December 5, 2022 Ventura City Council Minutes
www.cityofventura .ca.gov
CONSENT ITEMS (CONTINUED)
b. Authorize the City Manager or designee to exercise the remaining options to extend the contract term through Fiscal Year 2026.
Action: No Speakers. Approved recommendation. Agreement No.
P2022-002.2.
8. Professional Services Agreement 2020-064 Second Amendment with Carollo Engineers, Inc. to Conduct a Local Limits Evaluation of the Ventura Water Reclamation Facility
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
Approve the Second Amendment to Professional Service Agreement 2020- 064 with Carollo Engineers, Inc. to add $15,000 in contingency funds for a new not-to-exceed total of $180,188 and extend the term of the agreement to December 31, 2023 pursuant to Section 4.600.140 of the Municipal Code.
Action: No Speakers. Approved recommendation. Agreement No. 2020-064. 2.
9. Ventura Water Reclamation Facility Mixed-Media Filter Rehabilitation Proiect
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
a. Approve and authorize the Mayor to execute a Professional Services Agreement with ERS Industrial Services, Inc. for the rehabilitation of Tertiary Mixed-Media Filter #4 at the Ventura Water Reclamation Facility for a contract amount of $358,650 and contingency amount of $35,865 for Not-to-Exceed total of $394,515.
b. Authorize the City Manager or designee to execute amendments to the Professional Service Agreement during the total duration of the contract, pursuant to Section 4.600.200 of the Municipal Code in an amount not to exceed $35,865 in contingency funds.
Action:
December 5 , 2022
No Speakers. Approved recommendation. Agreement No.
2022-074 .
Ventura City Council Minutes
www.cityofventura .ca.gov
PUBLIC HEARING ITEM: Staff shall introduce the public hearing item and present their report to Council.
Council members 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. Approval of the Olivas Park Drive Development Agreement Staff: Andy Heglund, City Attorney and Akbar Alikhan, Acting City Manager
RECOMMENDATION
a. Conduct a public hearing.
b. Determine that this project complies with CEQA because it was contemplated in the Final El R for the Olivas Park Drive Extension Project and subsequent Addendum for the Olivas Park Specific Plan Project (EIR-11-10-4397, SCH#1995081004).
c. Adopt an Ordinance Approving the Development Agreement between the City of Ventura and Hofer Properties LLCNentura Olivas Company LLC/WF Golf Course LLC.
Supplemental Packet: Communications posted online.
Public Speakers: David Olivas, Matt Bello, Stephanie Caldwell, Neal Maguire, Steven Quat, George Amandola
Action: M/S/C (Sanchez-Palacios/Halter) to approve
the staff recommendation and direct staff to
work with the developer to explore the option of
adding sidewalks into the maintenance district.
Ordinance No. 2022-023. Second reading
scheduled for December 12, 2022.
Vote: All Ayes
December 5, 2022 Ventura City Council Minutes
www.cityofventura .ca.gov
City Council recess 8:46 p.m. - 9:05 p.m.
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. Consideration of an Amendment of Resolution No. 2021-009 Clarifying the Number of Commercial Cannabis Businesses to be Permitted to Operate in the City
Staff: Andy Heglund, City Attorney
RECOMMENDATION
Adopt one of the options provided as Amendment No. 1 to Resolution No. 2021-009, title as follows:
"AMENDMENT NO. 1 OF RESOLUTION NO. 2022-009 TO CLARIFY THE
NUMBER OF COMMERCIAL CANNABIS BUSINESSES TO BE
PERMITTED TO OPERATE IN THE CITY"
Supplemental Packet: Communications posted online.
Public Speakers: Matt Muncy, Todd Collart, Emily Marostica, Eric Lightman, Pattie Braga, Robert Mulder, Judee Hauer,
Carolyn Mullin, Karen Hoffberg, Zahur Lalji, Matt
Morea, Thomas Feeney, Seana-Marie Sesma, Beth
Mansfield, Gregg Mansfield, Mark Cardona, Megan
Hanley, Sarah Wells, Fred Mazewski, Megan Souza,
Jackie Ramsdell, Allison Borges, Michael Hernandez,
Jane Gibbons, Tarrah Graves, Peter Goldenring,
Diane Goldenring, Brandon Salzer, Andrew Marostica,
Devon Wardlow, Sergio Burga, Quinn Brady, Steven
Quat, Nicholas Andre, Cherie Egbert, Stephanie Uy,
Joe Velazquez, Mark
Action: M/S/C (Johnson/Sanchez-Palacios) to extend
the meeting beyond 11 p.m. per the Council
Protocols.
Vote: All Ayes
Action: M/S/C (Brown/Schroeder) to call the question.
December 5, 2022 Ventura City Council Minutes
www.cityofventura .ca.gov
FORMAL ITEMS (CONTINUED)
Vote:
Action:
Vote:
All Ayes
M/S/C (Sanchez-Palacios/Halter) to take no
action.
Ayes: Sanchez-Palacios, Brown, Johnson,
Halter, Mayor Rubalcava; Noes: Friedman,
Deputy Mayor Schroeder; Abstain: None;
Absent: None
12. Urgency Ordinance for Accessory Dwelling Units
Staff: Neda layer, Acting Community Development Director
RECOMMENDATION
a. Determine the adoption of the Urgency Ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Public Resources Code Section 21080.17.
b. Introduce and adopt by four-fifths vote an emergency ordinance amending, in part, Division 24, Chapter 24.430 relating to Accessory Dwelling Units and Junior Accessory Dwelling Units, entitled:
"AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN BUENAVENTURA, CALIFORNIA, AMENDING, IN PART, DIVISION 24, CHAPTER 24.430 RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR. ACCESSORY DWELLING UNITS AND DETERMINING
THE ORDINANCE TO BE STATUTORILY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT"
Action:
Vote:
No speakers. M/S/C (Halter/Schroeder) to
approve the staff recommendation. Ordinance
No. 2022-024.
All Ayes
PUBLIC COMMUNICATIONS: None
December 5, 2022 Ventura City Council Minutes
www.cityofventura .ca.gov
ADJOURNMENT
Adjourned at 12:05 a.m.
I hereby certify that this is a true and correct record of the City Council meeting held on December 5, 2022.
~~ ~
Michael B. MacDonald, CMC
City Clerk
December 5, 2022 Ventura City Council Minutes
www .cityofventura .ca.gov