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HomeMy WebLinkAboutMIN 2019 1120 CC SA REG MINUTES OF THE CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Moorpark, California November 20, 2019 A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency was held on November 20, 2019, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. All items listed are heard and acted upon by the City Council unless otherwise noted. 1. CALL TO ORDER: Mayor Parvin called the meeting to order at 6:34 p.m. 2. PLEDGE OF ALLEGIANCE: City Attorney Kevin Ennis led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Enegren, Mikos, Pollock, and Mayor Parvin. Absent: Councilmember Simons. Staff Present: Troy Brown, City Manager; Kevin Ennis, City Attorney; Deborah Traffenstedt, Assistant City Manager; Brian Chong, Assistant to the City Manager; Kambiz Borhani, Finance Director; Sean Corrigan, City Engineer/Public Works Director; Jeremy Laurentowski, Parks and Recreation Director; Karen Vaughn, Community Development Director; Douglas Spondello, Planning Manager; Shaun Kroes, Program Manager; Jessica Sandifer, Community Services Manager; Captain Victor Fazio, Sheriffs Department; and Ky Spangler, City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: None. 5. PUBLIC COMMENT: Yuri Yurovski, Moorpark resident, spoke regarding traffic control on Los Angeles Avenue. Minutes of the City Council/Successor Agency Moorpark, California Page 2 November 20, 2019 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA None. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND MAYOR: Councilmember Pollock reported on October 6 he attended a Southern California Association of Governments Regional Council meeting where the Regional Housing Needs Assessment (RHNA) numbers were discussed and a methodology was presented that would make transit and job centers 50 percent of the methodology. He said Mayor Bailey from Riverside proposed an alternative that was approved and is presently being reviewed by the State during its 60-day review and he anticipated adoption at Regional Council meeting in March 2020. Councilmember Pollock reported on October 9 he attended the Rendezvous at the Zoo event at Moorpark College. Councilmember Pollock reported on November 11 he attended the Veterans Day ceremony. Councilmember Pollock reported on November 12 he attended the Ventura County Air Pollution Control District meeting and noted the Board approved grants that will allow for the retirement of older vehicles. Councilmember Pollock reported on November 13 he attended the City Council Workshop regarding Los Angeles Avenue. Councilmember Pollock reported on November 14 he attended the Navy League luncheon where Marine of the Year was honored and the 244th birthday of the Marine Corps was celebrated. Councilmember Pollock reported he attempted to attend the Ventura County Board of Supervisors meeting held on November 19 in the Council Chamber but was unable to do so because of the crowd, and he commented on the strong hemp odor when he drove down Tierra Rejada Road. City Manager Brown spoke about the RHNA numbers and thanked Councilmember Pollock for the report describing the allocation formula and stated the revised allocation formula has resulted in an increase to Moorpark's proposed housing allocation. Councilmember Mikos attended Rendezvous at the Zoo and commented on the shows that took place during the event. Minutes of the City Council/Successor Agency Moorpark, California Page 3 November 20, 2019 Councilmember Mikos reported she attended two events on Veterans Day, the 8:00 a.m. event at the original Veterans Triangle located at Moorpark and Los Angeles Avenues, and the 10:00 a.m. event at Spring Road at the Veterans Memorial Park. She commented that during the 10:00 a.m. ceremony a plaque was installed to explain the artwork at the Veterans Memorial monument. Councilmember Mikos attended the November 13 Los Angeles Avenue workshop, noted it was informative and can be viewed on the City's website along with the prior workshop on Municipal Finances. She announced two more workshops on other topics are planned next year. Councilmember Mikos commented she spent time looking at the new street lights on Peach Hill Road to assess the LED light options and stated the City is requesting public feedback on the preferred LED lights. Councilmember Enegren reported on November 11 he attended the Veteran's Memorial event. Councilmember Enegren reported on November 14 he attended the Ventura County Animal Services meeting where future billing methods were discussed including a 3-year weighted average based on animals taken in plus the addition of a 5 percent increase, and that additional information was requested. He also stated a report on the recent Easy and Maria fires was presented. Mayor Parvin announced you may have seen the City's 'Join the Conversation' stories in our Fall Newsletter that got mailed to everyone earlier this month. The Join the Conversation program is a continuation of our community outreach aimed at obtaining input on quality of life issues. The initial outreach included a community survey to hundreds of, but not all, Moorpark residents. This then led many community members to ask how they could provide their input. We're excited to now be expanding our outreach efforts citywide, with mailers going out to our residents, and City staff launching a community conversation program to civic organizations across the City. You can get more information or provide your feedback on-line at: www.moorparkca.qov/JoinTheConversation. You live Moor. You play Moor. You love Moor. Now, we want you to #TellMeMoor ("hashtag Tell Me Moor"). Mayor Parvin announced on November 11 she attended the Veterans Day ceremony. Mayor Parvin announced on November 13 she read to children at the Moorpark Library for national picture book month. Mayor Parvin announced she attended the Los Angeles Avenue workshop. Minutes of the City Council/Successor Agency Moorpark, California Page 4 November 20, 2019 Mayor Parvin announced she participated in the Ventura Council of Governments meeting on November 14 and Sheriff Ayub discussed issues, projects and programs impacting Ventura County. Mayor Parvin announced on November 19 she welcomed the Board of Supervisors for their meeting in Moorpark and she also discussed the environmental impacts of hemp on Moorpark. 8. PUBLIC HEARINGS: None. 9. PRESENTATION/ACTION/DISCUSSION: A. Consider Presentation by Ventura County Agricultural Commissioner Ed Williams Regarding Industrial Hemp. Agricultural Commissioner Williams introduced Deputy Agricultural Commissioner Andy Calderwood who gave the presentation. A discussion followed among the Councilmembers and the presenters including: 1. Volatile organic compounds (VOC): how hemp VOCs are different than others and impacts on ozone have been difficult to determine although high density hemp fields likely release ozone; 2. The Agricultural Commissioner regulates impact of VOCs from agricultural uses; 3. The Agricultural Commissioner will be looking at and learning from odor complaints experienced in Colorado, Washington and Oregon; 4. The Board of Supervisors has the authority to impose regulations on hemp cultivation in County unincorporated areas; 5. Inquiries as to the Board of Supervisors timeline to issue recommended mitigation measures; 6. The Board's directive is to investigate a possible moratorium on new registrants and develop mitigation measures for implementation before the next planting and growing season in April 2020; 7. Hemp is three to four month crop but planting is staggered and the crop can be grown year round; 8. Whether the State is being asked to create other restrictions or will regulation authority stay at the County Board of Supervisors level; 9. Administration of the program and mitigation research is paid in part by grower-paid State permitting and licensing fees received by the County, and the Board can adopt local fees to cover the balance of the program; Minutes of the City Council/Successor Agency Moorpark, California Page 5 November 20, 2019 10. The California Hemp Advisory Committee is also conducting research and considering how to address these issues; 11. Agricultural Commissioner's awareness of the odor issue experienced with cannabis in Carpinteria last year, and concurrence that Ventura County should have anticipated and done better job planning for mitigation measures; 12. Hemp cultivation permits are a one-year term and mitigation measures will apply to new and renewing applicants; 13. Eight registrations for hemp cultivation were issued in October for locations situated on small acreage and not within cities; 14. Inquiries regarding existing notification procedures for complaints such as odor and if complaints are relayed to the grower; 15. Inquiries regarding the distance hemp odor travels and if there are any studies on this (response was no known studies), but knowledge that the odor can travel a long distance depending on a number of factors including wind; 16. The potential for import of pests or disease is addressed through inspection of every load of plant material coming in to California with infected loads being returned or destroyed; 17. Pests from out of the area have been found; 18. Sign posting regulations require fields be identified as industrial hemp; 19. The Agricultural Commissioner's Policy Advisory Committee are Board-appointed and advise the Board of Supervisors and Commissioner on agricultural issues and also have developed working group of growers to develop best management practices to address issues on a voluntary basis; 20. Concerns expressed over the offensive odor and potentially related health effects including headaches and nausea; 21. The City has the ability to ban activities within City limits; including the introduction of a moratorium; 22. Captain Fazio provided a report on hemp concerns being received by the Moorpark Police Department including ten cases of hemp theft in the last 34 days with other cases since September that were not pursued by the victims. Arrests have been made, with nine of ten being individuals from far outside of Moorpark, and some with significant criminal histories. Captain Fazio recommended mitigation measures be required that include theft deterrents and clearer signage stating a crop is hemp and not marijuana because of the monetary value of industrial hemp. Debbie Selzak, a Moorpark resident, discussed terpenes and the release of volatile organic compounds, and remarked on various articles on the subject and VOC research she has done. She expressed concerns about strong odors affecting her health and that of farmworkers and quality of life in Moorpark; the potential for introduction of pests through unregulated Minutes of the City Council/Successor Agency Moorpark, California Page 6 November 20, 2019 imported hemp seeds; soil contamination; criminal activity; and the need for reasonable regulations to be adopted. Stephanie Maio, a Moorpark resident, expressed appreciation of Council's questions which answered many of her questions. She requested information on pesticides used by helicopters when crop-dusting the fields and that notification of pesticide application should be provided to impacted residents. She requested an Environmental Impact Report be conducted concerning the short and long-term health impacts, that impacts in northern California be researched, and restrictions be placed on crop proximity to homes. She also expressed concerns about the vernal pool in Serenata and how it might be negatively impacted. Cheryl Ackermann, a Moorpark resident, spoke representing her neighborhood and discussed their concerns over the odor in and outside their homes, impacts to their quality of life, reduction in home values and negative impacts to the community. She noted crop planting is staggered so there is no break from the smell and while buffers have been discussed as a mitigation measure, a 2,000 foot buffer is not far enough as she is double that distance. She is concerned about nearby schools, parks, and health impacts and inability to enjoy the surrounding areas. Ms. Spangler summarized two Written Statement Cards: 1) Emily Day, a Moorpark resident, wrote to express the negative effects she is experiencing due to the growing of industrial hemp in County areas adjacent to the City, including strong odors precluding open windows or use of outside space. Ventura County is experiencing negative population growth and impacts to the quality of life such as strong hemp odors reducing desirability. She encouraged the City Council to urge the Board of Supervisors to pass a moratorium on new industrial hemp businesses and develop mitigation measures; and 2) John S expressed concerns over the adjacent 80 acres of hemp groves, citing they are a public nuisance under Civil Code 3479 and 3480, stated the County has permitted hemp without environmental study or restrictions resulting in negative impacts including strong odors and unknown health impacts, and urged establishment of a buffer zone. A discussion followed among the Councilmembers, staff, and the presenters including: 1) City Manager Brown stated two separate items will be returned to the Council to follow-up to tonight's presentation: a moratorium on hemp cultivation in the City limits and a letter to the County with the City's recommendations; 2) Concepts for County Board of Supervisors to review before the next planting cycle; 3) The Agricultural Commissioner has received the most vocal reaction from the residents of Moorpark as well as from residents of Camarillo and the Fillmore/Piru area and initially anticipatory complaints were received from Ojai; 4) Suggestion Minutes of the City Council/Successor Agency Moorpark, California Page 7 November 20, 2019 to bring this topic up to the League of California Cities; 5) The hemp groves are using approximately twenty different types of pesticides which qualify under an organic program; 8) The use of pesticides and contaminating neighboring fields; and 9) Concerns over property values and adequate mitigation measures. CONSENSUS: It was the consensus of the Council to place a moratorium on December 4, 2019, regular City Council meeting; and prepare a letter to the County with the City of Moorpark's recommendations. AT THIS POINT in the meeting Councilmember Pollock announced he would recuse himself from participation in discussion of Item 9.B. due to a potential conflict of interest as he is a member of the Moorpark Morning Rotary and left the dais. The time was 8:32 p.m. B. Consider Co-Sponsoring the Rotary Club of Moorpark Morning's Holiday on High Street Event. Staff Recommendation: 1) Agree to co-sponsor the December 1, 2019, Holiday on High Street Event; and 2) Authorize the City Manager to execute a Cooperative Services Agreement to co-sponsor the event, subject to final language approval of the City Manager and City Attorney; and 3) Waive fees for use of City properties, equipment, and for City issued permits as described in the Agreement; and 4) Provide police services and certain City services for the Holiday on High Street event, as described in the Agreement, at no cost to the Rotary Club of Moorpark Morning. Mr. Laurentowski gave the staff report. A discussion followed among the Councilmembers and staff focusing on the timing, background, and coordination of the upcoming event and establishing procedures, regulations and or protocols for future such events. There were no speakers. MOTION: Mayor Parvin moved and Councilmember Enegren seconded a motion to 1) Agree to co-sponsor the December 1, 2019, Holiday on High Street Event; and 2) Authorize the City Manager to execute a Cooperative Services Agreement to co-sponsor the event, subject to final language approval of the City Manager and City Attorney; and 3) Waive fees for use of City properties, equipment, and for City issued permits as described in the Agreement; and 4) Provide police services and certain City services for the Holiday on High Street event, as described in the Agreement, at no cost to the Rotary Club of Moorpark Morning. The motion carried by voice vote 3-0, Councilmembers Simons and Pollock absent. Minutes of the City Council/Successor Agency Moorpark, California Page 8 November 20, 2019 AT THIS POINT in the meeting, Councilmember Pollock returned to the dais. The time was 8:47 p.m. C. Consider the Establishment of an Ad-Hoc Committee to Develop a Draft Development Agreement (No. 2016-02) between Moorpark Property 67 LLC (James Rasmussen) and the City of Moorpark for General Plan Amendment No. 2016-02, Zone Change No. 2016-02, Residential Planned Development Permit No. 2016-02, and Vesting Tentative Subdivision Map for Tract No. 5847, for a 138-Unit Single-Family Home Project on 68.26 Acres, Located West of Gabbert Road and North of the North Hills Parkway/North Hills Industrial Park. Staff Recommendation: Appoint two (2) Councilmembers to an Ad-Hoc Committee to develop a draft Development Agreement for this project. Mr. Brown gave the staff report. A discussion followed among the Councilmembers and staff focusing on: 1) the total number of units and acreage; and 2) Mr. Brown confirmed there are no changes to the proposed project and it is consistent with the prescreening conditions to be set forth with the Residential Planned Development. Mayor Parvin and Councilmember Pollock expressed an interest in serving on the Ad Hoc Committee. Sharon Noel, Gabbert Road resident, stated she was present to request the density of the development remain at 4-7 units per acre as considered by the City on November 5, 2014. Scott Uhles, Delane Engineering, commented he was available for questions. James Rasmussen expressed thanks to the Council, City Manager and staff, and that he is happy to have the Mayor and Councilmember Pollock on the ad hoc committee. CONSENSUS: It was the unanimous consensus of the Council to appoint Mayor Parvin and Councilmember Pollock to an Ad Hoc Committee to develop a draft Development Agreement for the project. D. Consider Location for Inclusive Playground; Agreement with Architerra Design Group for Playground Design Services; and Resolution Amending Fiscal Year 2019/20 Budget by Appropriating $73,500 from the General Fund (1000) for Design of Inclusive Playground Equipment at Tierra Rejada Park. Staff Recommendation: Approve Tierra Rejada Park as location for inclusive playground; and 2) Authorize Agreement with Architerra, Inc. dba Architerra Design Group for playground design services; and authorize the City Manager to sign the agreement, subject to Minutes of the City Council/Successor Agency Moorpark, California Page 9 November 20, 2019 final language approval of the City Manager; and 3) Adopt Resolution No. 2019-3862 amending the Fiscal Year 2019/20 budget to fund playground design services. Mr. Laurentowski gave the staff report. There were no speakers. MOTION: Mayor Parvin moved and Councilmember Mikos seconded a motion to 1) Approve Tierra Rejada Park as location for inclusive playground; and 2) Authorize Agreement with Architerra, Inc. dba Architerra Design Group for playground design services; and authorize the City Manager to sign the agreement, subject to final language approval of the City Manager; and 3) Adopt Resolution No. 2019-3862 amending the Fiscal Year 2019/20 budget to fund playground design services. The motion carried by roll call vote 4-0, Councilmember Simons absent. 10. CONSENT CALENDAR: MOTION: Councilmember Pollock moved and Councilmember Mikos seconded a motion to approve the Consent Calendar. The motion carried by roll call vote 4-0, Councilmember Simons absent. A. Consider Warrant Register for Fiscal Year 2019/20 — November 20, 2019. Staff Recommendation: Approve the warrant register. B. Consider a Cooperative Agreement with the State Department of Public Health and Agencies Applying Pesticides for Public Health Purposes. Staff Recommendation: Approve the 2020 Cooperative Agreement and authorize the Mayor to execute the Agreement on behalf of the City. C. Consider Approval of Reciprocal Agreement with Ventura County for Road Services. Staff Recommendation: Approve the Reciprocal Agreement and authorize the Mayor to execute the Agreement. D. Consider Agreement with Phoenix Civil Engineering for Trail and Trail Head Facility Design and Survey Services for 80 Acres and Resolution Amending Fiscal Year 2019/20 Budget by Appropriating $52,981 from the Endowment Fund (2018) for Trail and Trailhead Design and Survey Services. Staff Recommendation: 1) Approve Agreement with Phoenix Civil Engineering, Inc. in the amount of $52,981, and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager; and 2) Adopt Resolution No. 2019-3863, authorizing the use of City funding as match for the Recreational Trails Program grant and amending the Fiscal Year 2019/20 budget to fund trail design and survey services. Minutes of the City Council/Successor Agency Moorpark, California Page 10 November 20, 2019 11. ORDINANCES: (ROLL CALL VOTE REQUIRED) A. Consider Ordinance No. 475, Adopting the First Amendment to the Development Agreement Between the City of Moorpark, Los Angeles Avenue LLC, and PEGH Investments, LLC. Staff Recommendation: Waive full reading, declare Ordinance No. 475 read for the second time, and adopted as read. Mr. Ennis read the title of Ordinance No. 475. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MOORPARK, LOS ANGELES AVENUE LLC, AND PEGH INVESTMENTS, LLC MOTION: Councilmember Mikos moved and Councilmember Pollock seconded a motion to waive full reading, declare Ordinance No. 475 read for the second time, and adopted as read. The motion carried by roll call vote 4-0, Councilmember Simons absent. 12. CLOSED SESSION: Mr. Brown requested the City Council go into closed session for discussion of Item 12.A. on the agenda. MOTION: Councilmember Mikos moved and Mayor Parvin seconded the motion of adjourn to closed session for a discussion of Item 12.A. on the agenda. The motion carried by voice vote 4-0, Councilmember Simons absent. The time was 9:13 p.m. A. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Las Posas Valley Water Rights Coalition et al. v. Fox Canyon Groundwater Management Agency, et al., (Case No. 56-2018-00509700- CU-EI-VTA) Present in closed session were Councilmembers Enegren, Mikos, Pollock, and Mayor Parvin; Troy Brown, City Manager; Kevin Ennis, City Attorney; Tilden Kim, City Attorney's Office (by conference call); Deborah Traffenstedt, Assistant City Manager; and Jeremy Laurentowski, Parks and Recreation Director. The Council reconvened into open session at 9:44 p.m. Mr. Brown stated Item 12.A. was discussed and there was no action to report. Minutes of the City Council/Successor Agency Moorpark, California Page 11 November 20, 2019 13. ADJOURNMENT: Mayor Parvin adjourned the meeting at 9:44 p.m. Juice S. Parvin, Mayor ATTEST: � X09 Ky Spa9ler, Cit Jerk -Oirt1511: 44 o� \ � 401 To