HomeMy WebLinkAboutMIN 2019 1218 CC SA REG MINUTES OF THE CITY COUNCIL AND
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK
Moorpark, California December 18, 2019
A Regular Meeting of the City Council of the City of Moorpark and the Successor
Agency was held on December 18, 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 6:35 p.m.
2. PLEDGE OF ALLEGIANCE:
City Engineer/Public Works Director Sean Corrigan led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Enegren, Mikos, Pollock, Simons, and
Mayor Parvin.
Staff Present: Troy Brown, City Manager; Kevin Ennis, City Attorney;
Deborah Traffenstedt, Assistant City Manager; Kambiz
Borhani, Finance Director; Jeremy Laurentowski, Parks and
Recreation Director; Sean Corrigan, City Engineer/Public
Works Director; Karen Vaughn, Community Development
Director; Brian Chong, Assistant to the City Manager; Teri
Davis, Program Manager; Shaun Kroes, Program Manager;
Irmina Lumbad, Deputy Finance Director; Stephanie
Anderson, Recreation Services Manager; Captain Victor
Fazio, Sheriffs Department; and Ky Spangler, City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
None.
5. PUBLIC COMMENT:
Dr. Geri Freeland, President of the Moorpark Symphony Orchestra, introduced
the Moorpark Symphony Orchestra to the community and invited the public to
their first concert which is scheduled to take place on March 27, 2020. She
announced they are seeking venues to hold their concerts.
Minutes of the City Council/Successor Agency
Moorpark, California
Page 2 December 18, 2019
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA
Mayor Parvin requested the meeting be adjourned in memory of Moorpark
resident and volunteer John Roberts.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
Councilmember Pollock announced he missed the December 4, 2019, City
Council meeting as he was attending the League of California Cities leadership
meeting to establish association goals for the upcoming year. The five strategic
priorities for the upcoming year are: 1) Improve the supply and affordability of
housing; 2) Advocate for increased funding and resources to prevent
homelessness and assist individuals experiencing homelessness; 3) Address
fiscal sustainability; 4) Strengthen community and disaster preparedness, public
safety, and resiliency; and 5) Address public safety concerns of California cities.
He stated that the term "affordable housing" is a term to describe the crisis which
is limiting, as the problem is much larger.
Councilmember Pollock reported on December 10 he visited the new home of
KidSTREAM, Ventura County's Children's Museum located in Camarillo.
Councilmember Pollock requested to have Kristie Akl, President and Founder,
make a future presentation to the City Council.
Councilmember Pollock reported on December 12 he participated in National
History Day judging at Moorpark High School.
Councilmember Pollock mentioned on December 13 he hosted a UCLA
Anderson Alumni meeting at Enegren Brewing Company.
Councilmember Pollock reported on December 14 he attended the matinee show
of Christmas Magic at the High Street Arts Center.
Councilmember Mikos reported on December 6 she attended the opening of
Christmas Magic at the High Street Arts Center which this year featured children
from Walnut Canyon School.
Councilmember Enegren reported he missed the December 4 Regular City
Council meeting due to recovering from surgery for a broken leg.
Councilmember Enegren reported on December 7 he attended the Inclusive
Playground community meeting where feedback on playground designs was
solicited from the public.
Councilmember Enegren reported on December 12 he participated in National
History Day judging.
Minutes of the City Council/Successor Agency
Moorpark, California
Page 3 December 18, 2019
Councilmember Simons reported on the success of the Kiwanis Club's Breakfast
with Santa where approximately 200 families enjoyed the event.
Councilmember Simons reported he attended the Ventura County Oversight
Board meeting noting that the California Department of Finance oversees the
activities of Successor Agencies and reviews and approves Recognized
Obligation Payments Schedule (ROPS).
Councilmember Simons reported on December 12 he attended the Ventura
County Transportation Commission meeting where funding for bicycle lanes
within the City of Moorpark was approved.
Councilmember Simons extended happy holiday and Happy New Year wishes.
Mayor Parvin invited everyone to not miss the annual Holiday Movie Marathon on
Saturday, December 21 at the High Street Arts Center. Enjoy family-friendly
holiday movies and fun intermission activities including holiday BINGO,
Christmas name that tune, and an ugly sweater contest! Doors open at
10:00 a.m. and admission is free! For movie schedule and details, visit
Moorparkca.gov/Recreation.
Mayor Parvin reported on December 5 she attended a meeting of the Clean
Power Alliance Board of Directors where future energy pricing was discussed.
Mayor Parvin reported on December 6 she participated in interviews of
consultants proposing on the preparation of the City's General Plan Update.
Mayor Parvin reported on December 7 she participated in a Day of
Remembrance for Joel Burchfield at the Perez Family Funeral home in
Camarillo.
Mayor Parvin reported on December 7 she attended the community meeting held
to gather public input on the design of the Inclusive Playground.
Mayor Parvin reported on December 9 she met with a Cub Scout troop at a
Moorpark Presbyterian Church to discuss Moorpark government around a camp
fire.
Mayor Parvin reported on December 12 she participated in National History Day.
Mayor Parvin extended happy holiday wishes to all.
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Moorpark, California
Page 4 December 18, 2019
8. PUBLIC HEARINGS:
A. Consider Adoption of an Ordinance Amending Section 15.23.010 of
Chapter 15.23 Water Efficient Landscape Ordinance, of Title 15, Buildings
and Construction, of the Moorpark Municipal Code. Staff
Recommendation: 1) Open the public hearing, take testimony, and close
the public hearing; and 2) Waive full reading and declare Ordinance
No. 476 read for the second time and adopted as read. (ROLL CALL
VOTE REQUIRED)
Mr. Laurentowski gave the staff report.
Mayor Parvin opened the public hearing at 6:53 p.m.; having no speakers,
the public hearing was closed.
Mr. Ennis read the title of Ordinance No. 476.
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING SECTION 15.23.010 OF
CHAPTER 15.23 WATER EFFICIENT LANDSCAPE
ORDINANCE, OF TITLE 15, BUILDINGS AND
CONSTRUCTION
MOTION: Councilmember Mikos moved and Mayor Parvin seconded a motion to
waive full reading and declare Ordinance No. 476 read for the second time and
adopted as read. The motion carried by unanimous roll call vote.
B. Public Hearing to Consider a Resolution Establishing New Maximum Solid
Waste Rates to be Effective January 1, 2020, and Rescinding Resolution
No. 2018-3774. Staff Recommendation: Adopt Resolution No. 2019-3866,
adopting new maximum solid waste rates to be effective January 1, 2020,
and Rescinding Resolution No. 2018-3774. (ROLL CALL VOTE
REQUIRED)
AT THIS POINT in the meeting Councilmember Pollock announced he would
recuse himself from participation in the discussion of Item 8.B. due to a potential
conflict of interest and left the dais. The time was 6:55 p.m.
Ms. Davis gave the staff report.
A discussion followed among the Councilmembers and staff, which
focused on the following: 1) Extraordinary increases, yearly increases, and
planning ahead for future adjustments and impacts of new legislation;
2) On-site processes at the Simi Valley landfill and estimated time frames
on green waste processing, and other coming changes; 3) Composting
facilities used by Waste Management are in Oxnard, Santa Paula, and
outside of Taft (southern Kern County) and are limited due to the difficulty
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Moorpark, California
Page 5 December 18, 2019
in obtaining composting facility permits in Ventura County; 4) Recycling
and green waste have outpaced the disposal of trash while commodity
sale prices have decreased; 5) Inability to compost food waste in Ventura
County at this time and the challenges of the permitting process; 6) Price
increases are resulting from climate change legislation such as Senate Bill
1383 and Assembly Bill 1826 which are impacting customers and the
waste disposal industry in all California counties; and 7) Planned
expansions by Waste Management.
Mayor Parvin opened the public hearing; having no speakers, the public
hearing was closed at 7:34 p.m.
MOTION: Mayor Parvin moved and Councilmember Simons seconded a motion
to adopt Resolution No. 2019-3866. The motion carried by a roll call vote of 4-0,
Councilmember Pollock absent.
AT THIS POINT in the meeting, Councilmember Pollock returned to the dais.
The time was 7:35 p.m.
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Adoption on an Urgency Ordinance to Prohibit the Cultivation,
Manufacturing, Testing, Storing, and Certain Sales of Industrial Hemp in
the City of Moorpark, Declaring the Urgency Thereof and the Immediate
Effectiveness of the Ordinance Pursuant to Government Code Section
65858, 36934 and 36937, and Making a Determination of Exemption
under the California Environmental Quality Act. Staff Recommendation:
1) Waive full reading and adopt Urgency Ordinance No. 477 as read by
title only. (REQUIRES A ROLL CALL VOTE AND A 4/5THS VOTE OF
THE CITY COUNCIL TO ADOPT); and 2) Direct City staff to prepare a
written report of the steps taken to address the impacts of industrial hemp
on the community and have that report presented at a Special City Council
meeting on January 2, 2020; and 3) Provide Notice of a Public Hearing for
January 15, 2020, to consider the extension of Urgency Ordinance
No. 477; and 4) Direct staff to begin the preparation of a non-urgency
permanent Ordinance establishing zoning and other necessary restrictions
on the cultivation, manufacturing, testing, and storing of industrial hemp in
the City; and 5) Direct staff to begin the preparation of a non-urgency
permanent Ordinance establishing zoning and other necessary restrictions
on the sale of products containing CBD, if the sale of those products
requires FDA approval, and the products do not have such approval.
(ROLL CALL VOTE REQUIRED)
City Manager Brown gave the staff report.
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Moorpark, California
Page 6 December 18, 2019
Mr. Ennis explained that the Ordinance before the City Council is an
Interim Urgency Ordinance placing a temporary moratorium on many uses
of industrial hemp within the City of Moorpark. He explained the
substantive provisions of the Ordinance, the process for adopting the
Urgency Ordinance, and the process for establishing permanent
regulations for industrial hemp uses.
A discussion followed among the Councilmembers and staff, which
focused on the following: 1) The potential use of CBD products on clients
that are not being sold within City businesses; 2) The issue of smell
associated with industrial hemp; 3) Concerns with banning the sale of
hemp products and restricting to 5% of floor area for sale; 4) The need to
understand what regulations would look like before allowing something to
move forward; 5) Retail sale definition provided by Mr. Ennis, and that use
on a client would not be considered a retail sale; 6) Current Moorpark
businesses whose sales are more than 5% of floor area or other sales that
might be impacted; 7) Prohibition of businesses that are dedicated solely
to hemp product sales; and 8) Clarification that this action does not
address the farming activities in the Tierra Rejada Valley which citizens
still need to address to the Board of Supervisors.
Brenda Cusick, spoke in support of the moratorium and the City's official
position letter to the County of Ventura's Board of Supervisors.
Cheryl Ackerman, spoke in support of the moratorium and also requested
the City's official position letter to the County and Agricultural
Commissioner include direction to ban the cultivation of hemp in
unincorporated areas or enact setback limits, zoning restrictions in
sensitive areas, including nearby residential neighborhoods, schools,
preschools, and recreation areas. She also expressed prior relayed
concerns over the smell, the health issues, and property value impacts.
Lynn Matthews, resident of Serenata, spoke in support of the moratorium
and encouraged the City to support the setbacks the County is
considering. Further, the information from the Agricultural Commissioner's
office has been inaccurate regarding the duration of the smell that would
be experienced and expressed green houses will not eradicate the smell.
Graziela Nasl, resident of Serenata, commented on migraines from smells
and expressed support for the moratorium.
Mardi Douglas, expressed support for the moratorium and the letter to the
County.
Debbie Slezak, resident of Serenata, spoke in support of the proposed
moratorium, and expressed concerns regarding odor from terpenes,
negative financial impacts, health effects and illnesses caused by hemp's
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Moorpark, California
Pane 7 December 18, 2019
volatile organic compounds (VOC), potential increases in crime due to
hemp cultivation, and urging the City to work with County to ensure strict
permanent mitigation and zoning policies are adopted.
John Slezak, resident of Serenata, spoke in support of the proposed
moratorium, requested the City adopt a zero tolerance policy against
hemp odors in City residential areas similar to that adopted by the City of
Palm Springs, and urged the Council to encourage and support County
adoption of a one mile buffer zone from residential zoning and prohibiting
hemp cultivation in the Tierra Rejada Valley, noting the hemp groves pose
a public nuisance in violation of Civil Code 3479 and 3480.
Sophia Lara, resident of Serenata, spoke in support of the proposed
moratorium, commented on the inability to enjoy the use of her home or
property and adverse health effects being experienced due to odors from
the hemp cultivation, and stated a buffer zone must be large enough to
address wind carried smells, and expressed that greenhouses and
seasonal planting won't address the issue.
Elizabeth A. Barrett spoke in support of the proposed moratorium, and
commented on the criminal aspect associated with hemp cultivation which
should be addressed as part of the regulations being considered.
Rose Ayoub, resident of Serenata, spoke in support of the proposed
moratorium, shared concerns over quality of life and property value
impacts, understanding of short and long term health effects supported by
studies, expressed disappointment with the lack of information provided by
the Agricultural Commissioner at the Board of Supervisors meeting, and
requested the Council urge the Board to support the quality of life of
Moorpark residents through its regulations.
Dieter Wolf, a Moorpark resident, commented on the heavily attended
Board of Supervisors meeting held in Moorpark, stated he is unsure of the
appropriate size for a buffer, and notwithstanding the legality of hemp
farming in California, residents are still entitled to peaceful enjoyment of
their homes without odors and suggested it should be grown elsewhere.
Paul Kronfli, resident of Serenata, concurred with previous speakers,
adding that the odors have impacted the health of his grandchildren and
causing changes to holiday plans, and urged the Council consider these
concerns.
Mr. Ennis read the title of Ordinance No. 477.
Minutes of the City Council/Successor Agency
Moorpark, California
Page 8 December 18, 2019
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
MOORPARK, CALIFORNIA, ESTABLISHING A
MORATORIUM ON THE CULTIVATION,
MANUFACTURING, TESTING, RETAIL SALE, AND
STORING OF INDUSTRIAL HEMP, DECLARING THE
URGENCY THEREOF AND THE IMMEDIATE
EFFECTIVENESS OF THIS ORDINANCE PURSUANT TO
GOVERNMENT CODE SECTIONS 65858, 36934 AND
36937 AND MAKING A DETERMINATION OF EXEMPTION
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
MOTION: Mayor Parvin moved and Councilmember Pollock seconded a motion
to waive full reading and adopt Urgency Ordinance No. 477 as read by title only.
The motion carried by unanimous roll call vote.
MOTION: Mayor Parvin moved and Councilmember Pollock seconded a motion
to direct City staff to prepare a written report of the steps taken to address the
impacts of industrial hemp on the community and have that report presented at a
Special City Council meeting on January 2, 2020; and Provide Notice of a Public
Hearing for January 15, 2020, to consider the extension of Urgency Ordinance
No. 477; and direct staff to begin the preparation of a non-urgency permanent
Ordinance establishing zoning and other necessary restrictions on the cultivation,
manufacturing, testing, and storing of industrial hemp in the City; and Direct staff
to begin the preparation of a non-urgency permanent Ordinance establishing
zoning and other necessary restrictions on the sale of products containing CBD,
if the sale of those products requires FDA approval, and the products do not
have such approval. The motion carried by unanimous roll call vote.
B. Consider Official Position Letter to Ventura County Supervisors and
Agricultural Commissioner Regarding Hemp Cultivation in Ventura
County. Staff Recommendation: Provide direction to staff on the content of
the City's letter to the County and authorize the Mayor to sign the letter on
behalf of the City of Moorpark.
Mr. Chong gave the staff report.
A discussion followed among the Councilmembers and staff, which
focused on the following: 1) The buffer distance that should be
recommended in the letter, stating it should not be solely based on where
complaints are coming from; 2) The Council's position is that a half mile
buffer is insufficient and requests a mile buffer supported through a
science-based analysis and prevailing winds to determine what would be
required to eliminate the smell; 3) Consideration of existing communities in
unincorporated Ventura County such as Home Acres; 4) Drawing from
other cities for approved regulations; 5) Other jurisdictions are considering
similar regulations to those proposed by Ventura County but there is
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Moorpark, California
Page 9 December 18, 2019
insufficient evidence as to the effectiveness; and 6) Authorizing staff the
flexibility to adjust the final official position letter as circumstances may
continue to change.
CONSENSUS: It was the unanimous consensus of the Council to direct staff to
modify the language of the draft letter to address the City's concerns following
release of the Board of Supervisors' staff report on the County's moratorium
proposal, and authorize the Mayor to sign the letter.
C. Consider an Ordinance Amending Chapter 8.36, Regulating Collection
and Transportation of Solid Waste, of Title 8, Health and Safety, of the
Moorpark Municipal Code. Staff Recommendation: Introduce Ordinance
No. 478 for first reading, waive full reading, and place this ordinance on
the agenda for the January 15, 2020, regular meeting for purposes of
providing second reading and adoption of the ordinance.
Ms. Davis gave the staff report. It was noted that a new condition included
in the ordinance regarding the location for placement of containers is
required in order to provide sidewalk accessibility and Americans with
Disability Act compliance, and prior to enforcement of this new condition,
public outreach to provide education on the change will be needed.
Councilmembers and staff briefly discussed concerns associated with the
new restrictions in the ordinance prohibiting placement of refuse
containers on the sidewalk instead requiring containers be placed on the
street, and how placement in areas where parking constraints and
congestion exist may take place.
There were no speakers.
Mr. Ennis read the title of Ordinance No. 478.
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING CHAPTER 8.36, SOLID WASTE,
OF TITLE 8, HEALTH AND SAFETY, OF THE MOORPARK
MUNICIPAL CODE, AND APPROVING A CALIFORNIA
ENVIRONMENTAL QUALITY ACT EXEMPTION IN
CONNECTION THEREWITH
MOTION: Councilmember Mikos moved and Mayor Parvin seconded a motion to
introduce Ordinance No. 478 for first reading, waive full reading, and place this
ordinance on the agenda for the January 15, 2020, regular meeting for purposes
of providing second reading and adoption of the ordinance. The motion carried
by unanimous roll call vote.
Minutes of the City Council/Successor Agency
Moorpark, California
Page 10 December 18, 2019
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
The following item was pulled for individual consideration:
L. Consider Award of Agreement to United Construction & Landscape, Inc.
for Construction of the Metrolink South Parking Lot South Entry Project
(Project No. C0029); and Consider Increasing the Not-to-Exceed Amount
for RJR Engineering Group, LLC for an Amendment for Inspection and
Engineering Services. Staff Recommendation: 1) Award bid to United
Construction & Landscape, Inc. for a total contract value of $349,800; and
authorize the City Manager to sign the Agreement, subject to final
language approval of the City Manager; and 2) Authorize the City
Manager to execute an amendment to RJR Engineering Group, LLC's
existing Agreement for Final Design of the Metrolink South Parking Lot
Entrance to include an updated scope of services to provide inspection
and engineering services during the construction phase of the project,
increasing RJR's not-to-exceed amount by an additional $40,000.
Councilmember Pollock pulled Item 10.L. to inquire with staff regarding the
timeframe to commence construction on the North Parking Lot following
the completion of the South Parking Lot Entry Project. Mr. Brown stated
construction on the North Lot will commence immediately following
completion of the South Lot Entry Project.
MOTION: Councilmember Pollock moved and Councilmember Mikos seconded
a motion to approve the Consent Calendar Item 10.L. The motion carried by
unanimous voice vote.
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Mikos moved and Councilmember Pollock seconded a
motion to approve balance of the Consent Calendar with the exception of Item 10.L.
The motion carried by unanimous roll call vote.
A. Consider Warrant Register for Fiscal Year 2019/20 — December 18, 2019.
Staff Recommendation: Approve the warrant register.
B. Consider Minutes of Regular City Council meeting of April 3, 2019. Staff
Recommendation: Approve the minutes.
C. Consider Minutes of Regular City Council meeting of April 17, 2019. Staff
Recommendation: Approve the minutes.
D. Consider Minutes of Regular City Council meeting of May 1, 2019. Staff
Recommendation: Approve the minutes.
Minutes of the City Council/Successor Agency
Moorpark, California
Page 11 December 18, 2019
E. Consider Minutes of Special City Council meeting of May 1, 2019. Staff
Recommendation: Approve the minutes.
F. Consider Minutes of Special City Council meeting of May 9, 2019. Staff
Recommendation: Approve the minutes.
G. Consider the Report Titled "Accounting of Fund Information as Required
by Section 66006 of the California Government Code for Fiscal Year
2018/19". Staff Recommendation: Receive and file report.
H. Consider Resolution Amending the Fiscal Year 2019/20 Budget and
Authorizing the Transfer of General Fund and Gas Tax Monies to Cover
Fiscal Year 2018/19 Year-End Deficits in Certain Funds for the City's
Landscaping and Lighting Assessment Districts. Staff Recommendation:
Adopt Resolution No. 2019-3867. (ROLL CALL VOTE REQUIRED)
I. Consider a Resolution Amending the Fiscal Year 2019/20 Budget to
Appropriate $28,200 from the General Fund (1000) to Fund Public
Outreach as Part of the City's Join the Conversation Outreach Program.
Staff Recommendation: Adopt Resolution No. 2019-3868 to amend the FY
2019/20 Budget to appropriate $28,200 to fund public outreach as part of
the City's Join the Conversation outreach program. (ROLL CALL VOTE
REQUIRED)
J. Consider Resolution Amending the Fiscal Year 2019/20 Budget by
Appropriating $34,025 from the General Fund (1000) and $15,975 from
the Facilities Replacement Fund (3010) for Design Services for Facility
Repairs. Staff Recommendation: Adopt Resolution No. 2019-3869,
amending the Fiscal Year 2019/20 budget for design services for various
facility repairs. (ROLL CALL VOTE REQUIRED)
K. Consider Recreation Programs Cost Recovery Summary Fiscal Year
2018/19. Staff Recommendation: Receive and file report.
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
None.
12. CLOSED SESSION:
None.
Minutes of the City Council/Successor Agency
Moorpark, California
Page 12 December 18, 2019
13. ADJOURNMENT:
Mayor Parvin adjourned the meeting at 9:02 p.m. in memory of Moorpark
resident and volunteer John Roberts.
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