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Ventura City Council
December 18, 2023

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December 18, 2023
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December 18, 2023 Ventura City Council Minutes 1
www.cityofventura.ca.gov

MONDAY, DECEMBER 18, 2023

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: 212 3RD LANE SOUTH, KIRKLAND, WA 98033

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
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/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=m8063f9e5c7ac09afd1acccd9e7181a24

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: 2554 961 6051

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.

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CALL TO ORDER – CLOSED SESSION: 5:00 p.m.

ROLL CALL

Present: Councilmembers Campos, Duran, Johnson, Halter, and Mayor Schroeder

Absent: Councilmember McReynolds and Deputy Mayor Dr. Sánchez-Palacios

Mayor Schroeder presiding

PUBLIC COMMUNICATIONS: Graham LaBarge

CLOSED SESSION: Teleconference/Video Conference Meeting. The Public may not participate in the Closed Session, other than for Public Comments.

1. CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: Bill Ayub, City Manager, and Danielle Keys, Human Resources Director
Employee Organization: Ventura City Firefighters’ Association (VCFA) Authority: Government Code Section 54957.6

2. CONFERENCE WITH LEGAL COUNSEL – POTENTIAL LITIGATION Two Cases
Authority: Government Code Section 54956.9(d)(2)

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Chantelle Garces v. City of Ventura
VCSC Case No. 56-2022-00567356-CU-PO-VTA
Authority: Government Code Section 54956.9(d)(1)

ADJOURNMENT: 6:11 p.m.
___________________________________________________________________________________

CALL TO ORDER – REGULAR SESSION: 6:14 p.m.

ROLL CALL

Present: Councilmembers Duran, McReynolds, Johnson, Halter, Campos, Deputy Mayor Dr. S ánchez-Palacios, and Mayor
Schroeder

Absent: None

Mayor Schroeder presiding

December 18, 2023 Ventura City Council Minutes 3
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PLEDGE OF ALLEGIANCE: Councilmember Halter

SPECIAL PRESENTATIONS AND ANNOUNCEMENTS

• City Flag Program Special Recognition

• 40th Anniversary of the Charitable Family to Family Meal Support Services

CLOSED SESSION REPORT City Attorney Andy Heglund reported that there was no reportable action.

CITY COUNCIL COMMUNICATIONS

CITY MANAGER COMMUNICATIONS

CONSENT ITEMS:

Action: No Speakers. M/S/C ( Duran/Halter) to approve the consent items, excluding items 6, 9, 10, and 11, 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

Action: Approved recommendation.

2. Approval of City Council Minutes – Regular Meetings held on November 6, 2023, November 13, 2023, and December 4, 2023

Staff: Michael MacDonald, City Clerk

RECOMMENDATION

Approve City Council Minutes for Regular Meetings held on November 6, 2023, November 13, 2023, and December 4, 2023.

Action: Approved recommendation.

CONSENT ITEMS (CONTINUED)
December 18, 2023 Ventura City Council Minutes 4
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3. Resolution to Adopt Updated Records Retention Schedule

Staff: Michael MacDonald, City Clerk

RECOMMENDATION

Adopt a R esolution approving the proposed new Records Retention Schedule. Resolution titled:

“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

BUENAVENTURA, CALIFORNIA, ADOPTING A RECORDS RETENTION

SCHEDULE,

AUTHORIZING DESTRUCTION OF CERTAIN CITY
RECORDS”

Action: Approved recommendation. Resolution No. 2023-85.

4. Community Development Contract Amendments Extending the Terms for On-Call Environmental Consulting Services

Staff: Rachel Dimond, Interim Community Development Director

RECOMMENDATION

a. Authorize the City Manager, or designee, to execute the Second Amendment to Professional Services Agreement number 2019-006 with Environmental Science Associates, Inc, extending the term of the Agreement to January 31, 2025.

b. Authorize the City Manager, or designee, to execute the Second Amendment to Professional Services Agreement number 2019-014 with Rincon Consultants, Inc., extending the term of the Agreement to January 31, 2025.

c. Authorize the City Manager, or designee, to execute the Third Amendment to Professional Services Agreement number 2019-009 with WSP USA Environment & Infrastructure Inc., extending the term of the Agreement to January 31, 2025.

Action: Approved recommendation. Agreement Nos. 2019-006.2, 2019-014.2 and 2019-009.3.

CONSENT ITEMS (CONTINUED)
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5. 2023-2024 City Council Goals Progress Update

Staff: Bill Ayub, City Manager

RECOMMENDATION

Receive and file progress updates on the 2023-2024 City Council goals.

Action: Approved recommendation.

6. Legal Services Agreement Fourth Amendment with Liebert Cassidy Whitmore for Labor and Employee Relations

Staff: Danielle Keys, Human Resources Director

RECOMMENDATION

Authorize the City Attorney to enter into a Fourth Amendment with the law firm of Liebert Cassidy Whitmore, in an amount not to exceed an additional $90,000 ($150,000 total) to continue representation of the City for complex and confidential labor and employee relations matters.

Action: No speakers. M/S/C (McReynolds/Duran) to approve the staff recommendation.

Vote: Ayes: Duran, McReynolds, Halter, Mayor Schroeder; Noes:

Johnson, Campos, Deputy Mayor Dr. Sánchez-Palacios;
Abstain: None; Absent: None

7. Revised Salary Resolutions for Unrepresented Employees and SEIU Supervisory “S” Unit Employees

Staff: Danielle Keys, Human Resources Director

RECOMMENDATION

a. 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 as of December 23, 2023. Resolution titled:

“A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN

BUENAVENTURA, CALIFORNIA PROVIDING FOR A SYSTEMATIC

CLASSIFICATION OF POSITIONS AND A STANDARDIZATION OF

SALARIES OF CERTAIN PAID OFFICERS AND EMPLOYEES OF THE
CITY OF SAN BUENAVENTURA AS OF DECEMBER 23, 2023”

CONSENT ITEMS (CONTINUED)
December 18, 2023 Ventura City Council Minutes 6
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b. Adopt a Resolution Providing for a Systematic Classification of Positions and a Standardization of Salaries of Supervisory Unit Employees as of December 23, 2023. Resolution titled:

“A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN

BUENAVENTURA, CALIFORNIA PROVIDING FOR A SYSTEMATIC

CLASSIFICATION OF POSITIONS AND A STANDARDIZATION OF

SALARIES OF SUPERVISORY UNIT EMPLOYEES OF THE CITY OF
SAN BUENAVENTURA AS OF DECEMBER 23, 2023”

Action: Approved recommendation. Resolution No. 2023-86 and Resolution No. 2023-87.

8. Fiscal Year 23 -24 Agreement between the City of Ventura and The Counseling Team International for Behavioral Health and Wellness Services

Staff: Darin Schindler, Chief of Police

RECOMMENDATION

a. Approve and authorize the City Manager, or designee, to execute the FY 23 -
24 Agreement with The Counseling Team International in the amount of $66,000.

b. Authorize the City Manager, or designee, to execute additional Four 1- year extensions with The Counseling Team International for a total not to exceed $299,000 with a total contract amount of $365,000.

Action: Approved recommendation. Agreement No. 2023-095.

9. Professional Services Agreement No. 2016 -011 Fourth Amendment with Cannon Corporation for Design Services on Project 97923 – Mound Well No. 2

Staff: Phillip Nelson, Public Works Director

RECOMMENDATION

Approve and authorize the City Manager, or designee, to execute the Fourth Amendment to Professional Services Agreement 2016- 011 with Cannon Corporation for a new contract completion date of May 30, 2024.

Action: Item considered together with Item #10. Agreement No. 2016-011.4

CONSENT ITEMS (CONTINUED)
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10. Professional Services Agreement No. 2016 -012 Eighth Amendment with Cannon Corporation for Engineering Services on Project 97951 – Mound Well 3 – Enclosure

Staff: Phillip Nelson, Public Works Director

RECOMMENDATION

Approve and authorize the City Manager, or designee, to execute the Eighth Amendment to Professional Services Agreement No. 2016-012 with Cannon Corporation to extend the term of the Agreement to September 30, 2024.

Public Speakers: Burt Handy

Action: M/S/C (Johnson/Campos) to approve the staff
recommendations for both Items 9 and 10.

Agreement No. 2016-012.8

Vote: All Ayes

11. Professional Services Agreement No. 2022 -023 Fourth Amendment with Hamner, Jewell, & Associates, Inc. to provide Easement Acquisition Services for the VenturaWaterPure Program

Staff: Gina Dorrington, Ventura Water General Manager

RECOMMENDATION

a. Approve and authorize the City Manager, or designee, to execute the Fourth Amendment to Professional Services Agreement No. 2022- 023 with Hamner, Jewell, & Associates in the amount of $70,700 for a new contract not-to-exceed amount of $227,050.

b. Authorize the City Manager, or designee, to execute amendments to the Agreement in an amount up to $7,070 in contingency funding.

Action: No speakers. M/S/C (Sánchez-Palacios /Duran) to approve the staff recommendation. Agreement No. 2022-023.4

Vote: Ayes: Duran, McReynolds, Halter, Deputy Mayor Dr.

Sánchez-Palacios, Mayor Schroeder; Noes: Johnson,
Campos; Abstain: None; Absent: None

December 18, 2023 Ventura City Council Minutes 8
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PUBLIC HEARING ITEM S: 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. Resolution Ordering the Vacation (Abandonment) of a Portion of a Public Alley North of Thompson Boulevard and Between South Ann Street and South Hemlock Street

Staff: Phillip Nelson, Public Works Director

RECOMMENDATION

a. Conduct a public hearing.

b. Adopt a Resolution ordering the vacation of a portion of the public alley north of Thompson Boulevard and between South Ann Street and South Hemlock Street.

Supplemental Packet: Communications posted online.

Action: No Speakers. M/S/C ( Johnson/Sánchez-
Palacios) to approve the staff recommendation.

Resolution No. 2023-088.

Vote: All Ayes

13. Appeal of the Planning Commission’s approval of a 3,741 square-foot two and a half -story single -family residence known as the Guthrie Residence (PROJ- 14939). Case Nos. APL -08-23-0002, CDP -2-21- 58678, and V-2-21-58679

Staff: Rachel Dimond, Interim Community Development Director

RECOMMENDATION

a. Conduct a public hearing.

b. Determine that the project is categorically exempt per Section 15303(a) Class 3 (New
Construction or conversion of Small Structures)
exemption of the California Environmental Quality Act (CEQA) Guidelines.

PUBLIC HEARING ITEMS (CONTINUED)
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c. Adopt a Resolution denying the appeals and upholding the Planning Commission approval of a Coastal Development Permit and Variance for PROJ -14939, Case numbers APL- 08-23-0002, CDP -2-21-58678, and V-2-21-58679. Resolution titled:

"A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN

BUENAVENTURA DENYING THE APPEALS AND UPHOLDING THE

PLANNING COMMISSION APPROVAL OR A COASTAL
DEVELOPMENT PERMIT AND VARIANCE TO CONSTRUCT A 3,741

SQUARE-FOOT TWO AND A HALF -STORY SINGLE -FAMILY

RESIDENCE AND GARAGE WITH A REDUCED CORNER SIDE
YARD SETBACK FROM 10 FEET TO 4 FEET, 3 INCHES ADJACENT
TO A 4 FOOT, 6-INCH SIDE RETAINING WALL, A NEW CONCRE TE DRIVEWAY, REAR YARD HARDSCAPE, 207 SQUARE FEET OF
LANDSCAPING, AND 846 CUBIC YARDS OF GRADING AND SAND
EXPORT ON A VACANT 0.08 -ACRE SITE IN THE TWO -FAMILY
BEACH ZONE (R -2-

B) ZONING DISTRICT WITH A LAND USE

DESIGNATION OF EXISTING URBAN IN THE COASTAL ZO NE
LOCATED AT 1153 BATH LANE"

Supplemental Packet: Communications posted online.

Public Speakers: Robert Nyman, Glenn Ross, Dennis Heitmann, Terrence Foley

Action: M/S/C ( Halter/Duran) to approve the staff
recommendation with the addition that City Staff
or the builder will communicate with the Coastal
Commission to see if the sand can be replaced
on the beach and call Santa Barbara to see
what their plan was and how they were able to
place sand on their beaches. The builder will be
able to construct Mon-Fri unobstructed and then
be able to do interior work on Saturday.

Resolution No. 2023-089.

Vote: Ayes: Duran, McReynolds, Halter, D eputy
Mayor Dr. Sá nchez-Palacios; Noes: Campos;
Abstain: Johnson, Mayor Schroeder; Absent:

None

Mayor Schroeder recused himself due to proximity of his personal residence.

Johnson recused himself due to a personal relationship.

City Council recess 8:40 p.m. – 8:52 p.m.

December 18, 2023 Ventura City Council Minutes 10
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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 reord ered at the discretion of the Chair. The public may speak for three (3) minutes on each agenda item.

14. FY 24-28 Capital Improvement Program Workplan Amendment to add Project 93710 – Interim Fire Station No. 7

Staff: Phillip Nelson, Public Works Director

RECOMMENDATION

a. Amend the Fiscal Year 2024- 2028 Capital Improvement Program Workplan to move Project 93710 – Interim Fire Staton No. 7 from an Unplanned Project to the Workplan and add Project 93114 – Fire Station No. 7 Permanent Facility to the Fiscal Year 2024- 2028 CIP Unplanned Project list.

b. Authorize an increase in budget appropriations for Fiscal Year 2024 in the General Capital Improvement Fund (Fund 04) in the
amount of
$4,916,391.

c. Authorize a transfer to the General Capital Improvement Fund (Fund 04) from the Developer Improvement Fund (Fund 16) ($1,765,600) and the General Fund (Fund 01) ($3,120,971).

d. Authorize an increase in CIP Appropriations in the General Capital Improvement Fund (Fund 04) for Interim Fire Station No. 7 (Project 93710) in the amount of $4,916,391.

Supplemental Packet: Communications posted online.

Public Speakers: Rhiannon Towner, Trevor Towner, Chris
Plessner

Action: M/S/C (Johnson/Campos) to continue the
meeting beyond 11 p.m. per the City Council
Protocols.

Vote: All Ayes

FORMAL ITEMS (CONTINUED)
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Action: M/S/F ( Duran/McReynolds) to direct staff to
come back to Council within 6 months with; a
plan for the squads in how they will be best
utilized to help the Fire Department, a list of calls
that Fire personnel will no longer go on, a
comprehensive plan to alleviate overtime
pressures, and the estimated cost for a
permanent location for Station #7.

Vote: Ayes: Duran, McReynolds, D eputy Mayor Dr.

Sánchez-Palacios; Noes: Halter, Campos,
Johnson, Mayor Schroeder; Abstain: None;

Absent: None

Action: M/S/C ( Campos/Schroeder) to approve staff
recommendation with a directive for staff to do
everything they can, to quickly and thoroughly
address Fire personnel sleep deprivation and
PTSD issues.

Vote: Ayes: Halter, Campos, Johnson, Mayor
Schroeder; Noes: Duran, McReynolds, Deputy
Mayor Dr. Sá nchez-Palacios; Abstain: None;

Absent: None

FORMAL ITEMS (CONTINUED)
December 18, 2023 Ventura City Council Minutes 12
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15. VenturaWaterPure and Wastewater Capital Improvement Plan Membrane Bioreactor/Ultraviolet Light Project Update

Staff: Gina Dorrington, Ventura Water General Manager

RECOMMENDATION

Receive and file report providing an update on the VenturaWaterPure Program and the Membrane Bioreactor/Ultraviolet Light Project.

Supplemental Packet: Communications posted online.

Action: The item was continued.

16. Professional Services Agreement with Aon Risk Insurance Services West, Inc. to Provide Owner Controlled Insurance Program Broker of Record Services for the VenturaWaterPure Program and Membrane Bioreactor-Ultraviolet Light Project

Staff: Gina Dorrington, Ventura Water General Manager

RECOMMENDATION

a. Approve and authorize the City Manager, or designee, to execute a Professional Services Agreement with Aon Risk Insurance Services West, Inc. for a not -to-exceed amount of $825,000; contract term of January 1, 2024 through December 31, 2028.

b. Authorize the City Manager, or designee, to execute amendments, if necessary, to extend the term of the agreement up to one year or modify the Schedule of Compensation in an amount not -to-exceed $82,500 in order to accommodate the need for additional time or scope if required, pursuant to San Buenaventura Municipal Code Section 4.600.200.

Public Speakers: Burt Handy

Action: M/S/C (Johnson/Sánchez-Palacios) to
hear a new item beyond 10 p.m. per the
City Council Protocols.

Vote: All Ayes

Action: M/S/C (Johnson/Duran) to approve staff
recommendation.

Vote: All Ayes

FORMAL ITEMS (CONTINUED)
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17. POLICY CONSIDERATION: Support of Expanded and Improved Medicare for All

Introduced by: Liz Campos, Councilmember, District 1
Mike Johnson, Councilmember, District 3

RECOMMENDATION

Endorse and pass a Resolution in support of Expanded and Improved Medicare for All.

Action: M/S/C (Johnson/Campos) to hear a new item
beyond 10 p.m. per the City Council Protocols.

Vote: All Ayes

Supplemental Packet: Communications posted online.

Public Speakers: Dr. Leslie-Lynn Pawson

Action: M/S/C ( Johnson/Campos) to hear public
comments for this item during this meeting and
then to continue this item to be heard first at the
next Council meeting and to include public
comment.

Vote: Ayes: Halter, Campos, Johnson, McReynolds,
Deputy Mayor Dr. Sá nchez-Palacios Mayor
Schroeder; Noes: Duran; Abstain: None;

Absent: None

PUBLIC COMMUNICATIONS

Public Speakers: Joseph Richardson, Cecilia Cuevas, Dani Diamond

ADJOURNMENT

Adjourned at 12:12 a.m. on December 19, 2023 in memory of Barbara Evans

December 18, 2023 Ventura City Council Minutes 14
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I hereby certify that this is a true and correct record of the City Council meeting held on December 18, 2023.

___________________________
Darrick Ryser
Deputy City Clerk

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