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HomeMy WebLinkAboutMIN 2020 0603 CC SA REGMINUTES OF THE CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Moorpark, California June 3, 2020 A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency was held on June 3, 2020, 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 6:52 p.m. 2. PLEDGE OF ALLEGIANCE: Mayor Parvin led the Pledge of Allegiance. 3. ROLL CALL: Present: Staff Present: Councilmembers Enegren, Mikos, Pollock, Simons, and Mayor Parvin. Troy Brown, City Manager; Kevin Ennis, City Attorney; PJ Gagajena, 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; lrmina Lum bad, Deputy Finance Director; Douglas Spondello, Planning Manager; Shanna Farley-Judkins, Principal Planner; Freddy Carrillo, Associate Planner II; Jessica Sandifer, Community Services Manager; Shaun Kroes, Program Manager; Daniel Kim, Senior Civil Engineer; Captain Victor Fazio, Sheriff's Department; and Ky Spangler, City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Introduction of New City Employee, Shanna Farley-Judkins, Principal Planner, in the Community Development Department. Mayor Parvin introduced new City employee Shanna Farley-Judkins, Principal Planner in the Community Development Department. Minutes of the City Council/Successor Agency Moorpark, California Page2 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA June 3, 2020 CONSENSUS: It was the unanimous Consensus of the Council to pull Item 10.F. from the Consent Calendar for individual consideration upon the request of Councilmember Simons. CONSENSUS: It was the unanimous Consensus of the Council to pull Item 1 0.M. from the Consent Calendar for individual consideration upon the request of Councilmember Mikos. CONSENSUS: It was the unanimous consensus of the Council to correct Item 10.1. on tonight's Consent Calendar as noted by the City Clerk. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND MAYOR: Councilmember Mikos reported on May 21 she attended the Economic Development of Ventura County (EDC-VC) meeting where CARES Act funding was approved to support small businesses. Additionally, approval was granted to allow the CEO to sign an agreement with the U.S. Department of Commerce and Economic Development Administration for the receipt of 2.45M dollars in revolving loan funds. Councilmember Mikos noted that the Memorial Day observance on May 25 was different than usual and extended thanks and appreciation to the American Legion for performing the changing of colors and the Rotary Club for their modified field of valor. She also thanked the public for their moments of quiet reflection in remembering fallen men and women. Councilmember Mikos announced she participated in all of the elected official COVID-19 update calls. Councilmember Mikos reported on May 26 she participated in a Zoom meeting with the City's General Plan Update consultants to kick off sharing ideas about the update and its process. She invited the community to watch for and participate in upcoming activities on planning for the next 30 years. Councilmember Mikos reported on May 27 she attended the City's Budget Workshop meeting. Minutes of the City Council/Successor Agency Moorpark, California Page 3 June 3, 2020 Councilmember Mikos reported on June 1 she attended the Santa Monica Mountains Conservancy Zoom meeting where they approved the Upper Los Angeles River and Tributaries Revitalization Plan which has been in the works for many years and that recommended more than 300 proposed opportunities and projects with a priority on disadvantaged communities along the Aliso Canyon Wash, Pacoima Wash, Tujunga Wash, Burbank Western Channel, Verdugo Wash, Arroyo Seco, and the Upper Los Angeles River. Locally in Ventura County, up to one million dollars for Phase 4 of the Arroyo Simi bikeway project was approved, and in Thousand Oaks Proposition 68 funding was approved for improvements to the Rancho Potrero visitor area. Councilmember Mikos reported she attended the Moorpark Chamber of Commerce's Facebook Live Chairman's Chat, featuring profiles and questions and answers with local business and featured Nothin' But Healthy. Councilmember Mikos applauded the peaceful protest, in response to national unrest, that took place at the corner of Los Angeles Avenue and Spring Road. Councilmember Pollock reported he participated in the Southern California Association of Governments (SCAG) Zoom meeting noting the virtual format is challenging given the size of the organization. He noted tomorrow is the first ever virtual meeting of the General Assembly, a meeting required by the agency bylaws, which will include officer reorganization where Councilmember Pollock will succeed Supervisor Linda Parks as Chair of the Energy and Environment Committee. Mayor Parvin reported she participated in three County elected officials conference calls. Mayor Parvin reported she participated in the Moorpark Chamber of Commerce's breakfast meeting via Zoom. Mayor Parvin reported she attended the Westpointe Homes/Rasmussen Ad Hoc Committee meeting with Councilmember Pollock. Mayor Parvin reported on May 21 she attended a Moorpark Chamber of Commerce business lunch via Zoom. Mayor Parvin reported on May 26 she participated in the Boys & Girls Club Board of Directors meeting where they discussed the reopening of the Boys and Girls Club; the Club reopened on June 1 and is available to residents. Mayor Parvin reported on May 27 she attended the Budget Workshop meeting. Mayor Parvin reported on May 28 she attended the Ventura Council of Governments (VCOG) meeting. Minutes of the City Council/Successor Agency Moorpark, California Page4 June 3, 2020 Mayor Parvin reported she attended a meeting with the General Plan Update consultant, PlaceWorks, to discuss the General Plan Update process. Mayor Parvin reported she attended the Moorpark Chamber of Commerce mixer sponsored by the Moorpark Unified School District and the Kiwanis Club which focused on the college and career pathways. Mayor Parvin mentioned the City of Moorpark is honoring Moorpark High School Seniors by streaming student graduation photos on Channels 10 and 99 airing at 11 a.m, 3 p.m, and 6 p.m. Mayor Parvin remarked she and staff have been addressing questions and concerns from residents regarding the peaceful protests and a number of police- related questions and public safety concerns. A. City Manager COVID-19 Update. City Manager Brown provided a COVID-19 pandemic update noting this will become a standing agenda item for the duration of the pandemic. He also stated this information is available and will remain available on the City's website at www.moorparkca.gov. Mr. Brown discussed reopening efforts, what the City has control over, and who is in charge. He advised that Ventura County is the local lead agency and must follow the State of California's orders, and the City is required to follow the Health Orders issued by Ventura County Public Health Officer, Dr. Robert Levin. Mr. Brown provided a recap of the Governor's orders and the roadmap to reopen California noting all orders expired on May 31, 2020. Dr. Levin adopted a new local health order titled Safely Reopening Ventura County which has been extended to June 14, 2020. The State of California has outlined a four-stage resiliency roadmap which can be found at COVID19.ca.gov/roadmap and outlines the activities that may be opened. Mr. Brown confirmed City parks and playgrounds remain closed or the City could be liable for sanctions. Mr. Brown also noted the County of Ventura's latest COVID-19 guidance may be found at COVID19.ca.gov/roadmap- counties, vcemergency.com or on the City's website. Assistant City Manager Gagajena provided a brief summary of the City's economic development efforts in response to the COVID-19 pandemic. He noted staff has been proactively helping businesses reopen safely and quickly, sharing relevant and timely information, and restoring confidence to residents to shop and dine locally. Additional efforts include identification of potential grants for businesses and other funding opportunities; issuance of a business survey; reaching out to Moorpark's top ten businesses; launching of M-Powered, an electronic newsletter with information and economic updates for local businesses; and implementation of a Red Team operated by City staff and Sheriff's Office personnel to assist businesses in Minutes of the City Council/Successor Agency Moorpark, California Page 5 June 3, 2020 reopening safely. Staff has also been promoting business webinars, updating the City's website with current information on local businesses and assisting our community to apply for available benefits such as applying for unemployment benefits and being proactive to mitigate other potential impacts of this crisis. Mayor Parvin provided announcements on the Community Development Department's Virtual Counter available on the City's website, and on Outdoor Dining Permits. The Virtual Counter allows residents and businesses to receive services through and online and email format and is a one-stop portal providing information and access to the range of services provided by the Community Development Department. Outdoor Dining Permits have been permitted by the County and an important step in the recovery of the local economy. Staff has developed a simple outdoor dining permit that will allow seating in parking areas, plazas, and other outdoor spaces adjacent to restaurants. Permits are issued free of charge with a turnaround of one business day with permit information available online at the Virtual Counter. Restaurants considering this option are encouraged to contact to the City for assistance. 8. PUBLIC HEARINGS: A. Consider Final Review of the Assessment Engineer's Report for the Parks and Recreation Maintenance and Improvement Assessment District and Resolution Confirming the Lew Amount and Ordering the Continuation of Assessment for Fiscal Year 2020/21. Staff Recommendation: 1) Open the public hearing, take public testimony, and close the public hearing; and 2) Adopt Resolution No. 2020-3909. (ROLL CALL VOTE REQUIRED) Ms. Lumbad gave the staff report. Mayor Parvin opened the public hearing; having no speakers, the public hearing was closed. MOTION: Mayor Parvin moved and Councilmember Mikos seconded a motion to 1) Open the public hearing, take public testimony, and close the public hearing; and 2) Adopt Resolution No. 2020-3909. The motion carried by unanimous roll call vote. B. Consider Final Review of the Assessment Engineer's Report for the Landscaping and Lighting Maintenance Assessment Districts and Resolution Confirming the Lew Amounts and Ordering the Continuation of Assessment for Fiscal Year 2020/21. Staff Recommendation: 1) Open the public hearing, take public testimony, and close the public hearing; and 2) Adopt Resolution No. 2020-3910. (ROLL CALL VOTE REQUIRED) Minutes of the City Council/Successor Agency Moorpark, California Page6 June 3, 2020 Ms. Lumbad gave the staff report. Mayor Parvin inquired regarding Districts 20 and 22. Mayor Parvin opened the public hearing; having no speakers, the public hearing was closed. MOTION: Councilmember Mikos moved and Councilmember Pollock seconded a motion to 1) Open the public hearing, take public testimony, and close the public hearing; and 2) Adopt Resolution No. 2020-3910. The motion carried by unanimous roll call vote. 9. PRESENTATION/ACTION/DISCUSSION: A. Consider Presentation Regarding Microenterprise Home Kitchen Operations (MEHKO) and Direct Staff to Provide Feedback to the Ventura County Board of Supervisors. Staff Recommendation: Receive a report regarding Microenterprise Home Kitchen Operations and direct staff to provide feedback to the Ventura County Board of Supervisors opposing Microenterprise Home Kitchen Operations within the City of Moorpark. Mr. Spondello introduced the item and Mr. Charles Genkel, Director, County of Ventura Environmental Health Division. Mr. Genkel gave the presentation which presented concerns regarding general sanitation standard deficiencies; residents and pets in the home; construction standards not being regulated; limited to only inspect areas that are identified in the plan check with inspections restricted to once per year; exhaust hood ventilation regulations not required; concerns over potential food-borne illness incidents; retail food code standards potentially not being met; and potential impacts to residential neighborhoods including traffic, parking, noise, odors, occupancy, fire hazards, and ADA accessibility. Mr. Spondello gave a brief staff report. A discussion among the Councilmembers, staff and Mr. Genkel focused on: 1) The variety of issues associated with potential home kitchen operations, especially in rental units, due to limited regulations and requirements; 2) The legislation is well intentioned but not well thought out; 3) The legislation is unclear on enforcement capabilities and whether home or property owners could prohibit renters from operating a microenterprise kitchen; 4) The legislation seeks to legalize existing activities taking place and promote entrepreneurship but operations are exempt from business registrations and occupation permits and only requires compliance with building code requirements; 5) Zoning exists to protect individuals from Minutes of the City Council/Successor Agency Moorpark, California Page 7 June 3, 2020 unwanted adjacent uses and the legislation removes this protection; 6) Concerns associated with fire potential, waste and plumbing issues in residential neighborhoods, rodents, traffic, parking, and inadequate code compliance, permitting and inspection requirements; 7) Enforcement would likely only be complaint-based; 8) The legislation should not be a one size fits all approach and more local control is needed; 9) Riverside County has permitted microkitchens with positive results thus far and Santa Barbara County is considering the program; 10) Consideration should be given to legislation amendments to improve the regulations; 11) The maximum number of meals permitted is 30 per day or 60 per week. There were no speakers. CONSENSUS: It was the consensus of the City Council to recommend against support and provided direction to staff on feedback to be forwarded to the Ventura County Board of Supervisors. B. Consider Resolution Confirming Executive Order No. 2020-04, an Order of the Director of Disaster Services Authorizing Acceptance of Telephonic Credit Cards for Certain Transactions in the Community Development and Public Works Departments. Staff Recommendation: Adopt Resolution No. 2020-3911. (ROLL CALL VOTE REQUIRED) Mr. Brown gave the staff report. In response to Councilmember Mikos, Mr. Brown noted the resolution will be revised to add a whereas to make it more complete stating on April 8, 2020, the Director of Disaster Services issued Executive Order No. 2020-04 Authorizing Acceptance of Telephonic Credit Cards for Certain Transactions in the Community Development and Public Works Departments under the authority provided in Moorpark Municipal Code Section 2.48.060 (C)(1). In response to Councilmember Enegren, Mr. Brown stated that this is a beneficial policy that may continue after the end of the pandemic and the change will be brought forward with the next Council Policies update. There were no speakers. MOTION: Mayor Parvin moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2020-3911, as amended. The motion carried by unanimous roll call vote. Minutes of the City Council/Successor Agency Moorpark, California Page 8 June 3, 2020 C. Consider Resolution Confirming Executive Order No. 2020-05, an Order of the Director of Disaster Services Authorizing Restaurants to Conduct Outdoor Dining With Issuance of a Zoning Clearance. Staff Recommendation: Adopt Resolution No. 2020-3912. (ROLL CALL VOTE REQUIRED) Mr. Brown gave the staff report. In response to Councilmember Mikos, Mr. Brown noted the resolution will be revised to add a whereas stating on May 28, 2020, the Director of Disaster Services issued Executive Order No. 2020-05 Authorizing Restaurants to Conduct Outdoor Dining with Issuance of a Zoning Clearance and to Suspend Conflicting Provision of the Moorpark Zoning Ordinance under the authority provided in Moorpark Municipal Code Section 2.48.060 (C)(1). There were no speakers. MOTION: Mayor Parvin moved and Councilmember Pollock seconded a motion to adopt Resolution No. 2020-3912, as amended. The motion carried by unanimous roll call vote. D. Consider a Resolution Amending the City's Classification Plan and Rescinding Resolution No. 2020-3873. Staff Recommendation: Adopt Classification Plan Resolution No. 2020-3913, rescinding Resolution No. 2020-3873. (ROLL CALL VOTE REQUIRED) Mr. Gagajena gave the staff report and noted a typographical error to be corrected which is to rescind Resolution No. 2020-3872, rather than 3873. MOTION: Mayor Parvin moved and Councilmember Simons seconded a motion to adopt Resolution No. 2020-3913, rescinding Resolution No. 2020-3872. The motion carried by unanimous roll call vote. 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Councilmember Mikos moved and Councilmember Simons seconded a motion to approve the Consent Calendar with the exception of Items 10.F, 10.1, and 10.M, which were pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Warrant Register for Fiscal Year 2019/20 -June 3, 2020. Staff Recommendation: Approve the warrant register. Minutes of the City Council/Successor Agency Moorpark, California Page 9 June 3, 2020 B. Consider Design Specification and Authorization to Advertise for Bids for the 2020 Slurry Seal and Pavement Rehabilitation Project (MPK 20-01 ). Staff Recommendation: Approve the Design Specification for the 2020 Slurry Seal and Pavement Rehabilitation Project (MPK 20-01) and authorize staff to advertise to obtain construction bids. C. Consider Award of Agreement to Durham School Services LP., for Bus Excursions and Charter Bus Transit Services; and Consider Resolution Establishing the 2020 Summer Beach Bus Program. Staff Recommendation: 1) Authorize award of Agreement to Durham School Services, LP., in an amount not-to-exceed $130,000; and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager; and 2) Adopt Resolution No. 2020-3914, establishing the 2020 Summer Beach Bus program. D. Consider Amendment No. 1 to Siemens Mobility Inc., for Streetlight Maintenance Services. Staff Recommendation: 1) Authorize the City Manager to sign Amendment No. 1 to the Agreement with Siemens Mobility, Inc., extending the term of the Agreement from June 30, 2020 to June 30, 2021, increasing the not-to-exceed amount of $50,000 to $100,000, subject to final language approval of the City Manager; and 2) Authorize the City Manager to amend the Agreement by $5,000 upon City Manager's discretion. E. Receive Report of Annual Development Agreement Review, Established in Connection with Canyon Crest Ranch Partners-Moorpark, LLC (Birdsall), Located on Approximately 42.4 Acres East of Walnut Canyon Road at Championship Drive, on the Application of John W. Newton. Staff Recommendation: Accept the Community Development Director's report and recommendation that, on the basis of substantial evidence, that Canyon Crest Ranch Partners-Moorpark, LLC (Birdsall), has complied in good faith with the terms and conditions of the Agreement. G. Consider a Resolution Directing the Planning Commission to Hold a Public Hearing and Provide a Recommendation to the City Council on Amendments to the Downtown Specific Plan Pertaining to Mixed-Use Development Regulations. Staff Recommendation: Adopt Resolution No. 2020-3915. H. Consider Establishing a Walnut Canyon Traffic Noise Attenuation Fund (2020); and a Resolution Amending the Fiscal Year 2019/20 Budget for the Receipt of Mitigation Funds from the Newhall Ranch Specific Plan and EIR. Staff Recommendation: Approve Resolution No. 2020-3916 authorizing the creation of the Walnut Canyon Traffic Noise Attenuation Fund (2020) and amending the Fiscal Year 2019/20 Budget. (ROLL CALL VOTE REQUIRED) Minutes of the City Council/Successor Agency Moorpark, California Page 10 June 3, 2020 J. Consider Resolution Amending the Authorization of Investment of City Monies in the Ventura County Investment Pool Fund and Rescinding Resolution No. 2004-2176. Staff Recommendation: Adopt Resolution No. 2020-3917 Amending the Authorization of Investment of City Monies in the Ventura County Investment Pool Fund and Rescinding Resolution No. 2004-2176. K. Consider Resolution Amending the Fiscal Year 2019/20 Budget by Appropriating $24,000 from Various Landscape Maintenance Districts for Irrigation Controller Installation and Programming. Staff Recommendation: Adopt Resolution No. 2020-3918, amending the Fiscal Year 2019/20 budget for Irrigation Controller Installation and Calibration. (ROLL CALL VOTE REQUIRED) L. Consider Resolution Declaring 347 Moorpark Avenue Surplus Property. Staff Recommendation: Adopt Resolution No. 2020-3919, declaring 347 Moorpark Avenue as surplus property. N. Consider Rejection of Claim from Virginia G. Fahmy. Staff Recommendation: Reject the claim and direct staff to send a standard rejection letter to the claimant. The following items were pulled by staff for individual consideration: F. Receive Report of Annual Development Agreement Review, Established in Connection with The Masters at Moorpark Country Club Estates, Located on 43.04 Acres North of Championship Drive and East of Grimes Canyon Road (Tract 5463), on the Application of Toll Brothers, Inc. Staff Recommendation: Accept the Community Development Director's report and recommendation that, on the basis of substantial evidence, Toll Brothers Inc. has complied in good faith with the terms and conditions of the agreement. Councilmember Simons brought up issues regarding the status of the development, resident concerns regarding driveways, and construction responsibilities remaining to be completed. Responsive to Councilmember Simons, Ms. Vaughn stated the item before the Council is a status report on the terms of the Development Agreement. In response to Councilmember Simons and Mayor Parvin, Mr. Corrigan confirmed the recycled water plans are being overseen by the County Waterworks and State Water Regional Board and both are required but could not speak to the length of time it has taken to get the plan approved. Mr. Brown noted there is language in the Development Agreement that requires the developer to complete work to City standards, and there is a bond Minutes of the City Council/Successor Agency Moorpark, California Page 11 June 3, 2020 that exists to complete the work. The design of the driveways is out of City's purview and City Manager will be sending letter to Toll Brothers regarding these concerns. MOTION: Councilmember Simons moved and Councilmember Pollock seconded a motion to accept the Community Development Director's report and recommendation that, on the basis of substantial evidence, Toll Brothers Inc. has complied in good faith with the terms and conditions of the Agreement. The motion carried by unanimous roll call vote. I. Consider Creating a New Fund for the State of Good Repair Funds and Resolution Authorizing the Transfer of All Assets and Fund Balance from the State Transit Assistance Fund (2413): and Amending the Fiscal Year 2019/20 Budget. Staff Recommendation: Adopt Resolution No. 2020-3920, approving the creation of State of Good Repair Fund (2417), authorizing the transfer of assets and fund balance; and amending the FY 2019/20 Budget by moving the revenue and expenditure budgets from and State Transit Assistance Fund (2413) to State of Good Repair Fund (2417). (ROLL CALL VOTE REQUIRED) Ms. Spangler stated a Supplemental Agenda Item was circulated prior to the meeting to correct a typographical error in fund numbers included in the Resolution. MOTION: Mayor Parvin moved and Councilmember Mikos seconded a motion to approve staff recommendation, including adoption of City Council Resolution No. 2020-3920 Creating a New Fund for the State of Good Repair Funds and Resolution Authorizing the Transfer of All Assets and Fund Balance from the State Transit Assistance Fund (2413); and Amending the Fiscal Year 2019/20 Budget, as amended for the typographical error. The motion carried by unanimous roll call vote. M. Consider Resolution Approving Amendment No. 3 to the Employment Agreement between the City of Moorpark and City Manager Troy Brown. Staff Recommendation: Adopt Resolution No. 2020-3921 approving Amendment No. 3 to the Employment Agreement between the City of Moorpark and City Manager Troy Brown. The Council expressed thanks to Mr. Brown. Mr. Ennis provided an explanation of the terms of the amendment noting it includes no change to salary or benefits and provides for an indefinite term of the employment agreement which can be terminated by either party with requisite notice. Minutes of the City Council/Successor Agency Moorpark, California Page 12 June 3, 2020 MOTION: Councilmember Mikos moved and Councilmember Pollock seconded a motion to adopt Resolution No. 2020-3921 approving Amendment No. 3 to the Employment Agreement between the City of Moorpark and City Manager Troy Brown. The motion carried by unanimous roll call vote. 11. ORDINANCES: (ROLL CALL VOTE REQUIRED) None. 12. CLOSED SESSION: Mr. Brown requested the City Council go into closed session for discussion of Item 12.A. on the agenda. MOTION: Mayor Parvin moved and Councilmember Pollock seconded a motion to adjourn into closed session for discussion of Item 12.A. on the agenda. The motion carried by unanimous voice vote. The time was 9:06 p.m. A. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure of litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 (one potential case) Present in closed session were Councilmembers Enegren, Mikos, Pollock, Simons and Mayor Parvin; Troy Brown, City Manager; Kevin Ennis, City Attorney; PJ Gagajena, Assistant City Manager; Jeremy Laurentowski, Parks and Recreation Director; and Jessica Sandifer, Community Services Manager. The Council reconvened into open session at 9:58 p.m. Mr. Brown stated one case under Item 12.A. was discussed and there was no action to report. 13. ADJOURNMENT: Mayor Parvin adjourned the meeting at 9:58 p.m. ATTEST: