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HomeMy WebLinkAboutMIN 2021 1103 CC SA REG MINUTES OF THE CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Moorpark, California November 3, 2021 A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency was held on November 3, 2021, 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 6:31 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Castro led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Castro, Enegren, Groff, Pollock, and Mayor Parvin. Staff Present: Troy Brown, City Manager; Kevin Ennis, City Attorney; PJ Gagajena, Assistant City Manager; Kambiz Borhani, Finance Director; Daniel Kim, City Engineer/Public Works Director; Jeremy Laurentowski, Parks and Recreation Director, Carlene Saxton, Community Development Director; Mackenzie Douglass, Program Manager; Shanna Farley- Judkins, Principal Planner; Shaun Kroes, Public Works Manager; Chris Thompson, Senior Information Systems Administrator; Captain Victor Fazio, Ventura County Sheriffs Office; and Blanca Garza, Deputy City Clerk II. 4. PROCLAMATIONS AND COMMENDATIONS: A. Introduction of New City Employee, Claudia Berumen, Recreation Program Specialist in the Parks, Recreation and Community Services Department. Mayor Parvin introduced new City employee, Claudia Berumen, Recreation Program Specialist in the Parks, Recreation and Community Services Department. B. Proclamation Recognizing November as National Entrepreneurship Month. Mayor Parvin presented a Proclamation to Brian and Judy Corralejo, owners of Coffee A La Mode, recognizing November as National Entrepreneurship Month. Minutes of the City Council/Successor Agency Moorpark, California Page 2 November 3, 2021 C. Proclamation Recognizing November as National Women's Small Business Month. Mayor Parvin presented a Proclamation to Tania de Haz, owner of Tania's Agency recognizing November as National Women's Small Business Month. 5. PUBLIC COMMENT: Julie Fawcett spoke in support of re-Electing Ventura County Sheriff Bill Ayub and provided handouts to Mayor Parvin and the City Council. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: It was the consensus of the Council to pull Item 10.E. from the Consent Calendar for individual consideration upon the request of Councilmember Pollock and Item 10.H. at the request of Councilmembers Groff. Additionally, Item 10.F. was pulled to allow for public comment after the closed of the public comment period; and staff noted a correction to Agenda Title Item 10.M. which has been revised per the provided and posted Supplemental Report: "Consider Amendment No. 1 to Contract Agreement with F.S. Contractors, Inc. for the 2021 Sidewalk Rehabilitation Project (Project No. M0050)." 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND MAYOR: Councilmember Pollock reported on October 21 he attended the Ventura Council of Governments (VCOG) annual dinner in Santa Paula. Councilmember Pollock reported on October 22 he participated in a tour of the 323 Science Drive building that is being considered for a new City Hall. Councilmember Pollock reported on October 27 and 28 he participated as co-chair of the League of California Cities Work Group for ACA 7 (Assembly Constitutional Amendment) that would provide more local control on land use decisions, and there is also an associated ballot initiative that has received a ballot title and summary. Councilmember Pollock reported on October 27 he attended the pre-opening reception for M on High Street opening. Councilmember Pollock reported on October 28 he attended a Southern California Association of Governments (SCAG) Emerging Technology Committee meeting. Councilmember Pollock reported on November 3 he attended the Moorpark Chamber of Commerce monthly mixer. Minutes of the City Council/Successor Agency Moorpark, California Page 3 November 3, 2021 Councilmember Enegren reported on October 21 he attended the Ventura Council of Governments (VCOG) annual dinner in Santa Paula. Councilmember Enegren reported on October 27 he attended the pre-opening reception for M on High Street opening. Councilmember Groff reported on October 21 he attended the Ventura Council of Governments (VCOG) annual dinner in Santa Paula. Councilmember Groff reported on October 22 he participated in a tour of the 323 Science Drive building. Councilmember Groff reported on October 27 he attended the pre-opening reception for M on High Street opening. Councilmember Groff reported on November 1 he attended the Economic Development Collaborative Ventura County Board Retreat for strategic planning. Councilmember Groff reported on November 2 he attended the Moorpark Chamber of Commerce monthly mixer sponsored by the Ventura County Credit Union. Mayor Parvin announced the City Council is now accepting applications for the City's appointment to the Citizens Transportation Advisory Committee (CTAC). The appointment is for two representatives and one alternate to serve a term expiring December 2022. Applicants must be residents of the City of Moorpark and be registered to vote in Moorpark. The Committee meets four times a year, January, April, June, and September at 1:30 p.m., at the County Government Center, Hall of Justice Pacific Meeting Room at 800 S. Victoria Avenue. To apply or for more information, please visit MoorparkCA.gov/Serve. Mayor Parvin announced a General Plan Update Open House Sunday, November 14, from 9:00 a.m. to 2:00 p.m. at City Hall and extended an invitation to residents and business to review and provide input on which land uses they prefer for several opportunity areas in the City that were generated from prior input from the public and conversations with the General Plan Advisory Committee (GPAC). The input received at the Open House will be shared with the GPAC at a future meeting to help them propose recommended changes to the City's Land Use Plan. Special presentations about the land use options and considerations will be made at 10:00 a.m. and 12:00 p.m. for those interested in a more in-depth discussion. Mayor Parvin reported on October 21 she attended the Ventura Council of Governments (VCOG) annual meeting and dinner in Santa Paula. Minutes of the City Council/Successor Agency Moorpark, California Page 4 November 3, 2021 Mayor Parvin reported she participated in the Boys & Girls Club Board meeting and provided a save the date reminder for the Holiday Boutique being held on November 21 from 10:00 a.m. to 3:00 p.m. at the Casey Road location. Mayor Parvin reported on October 27 she attended a Legislative Committee meeting and attended in the M on High Street reception. Mayor Parvin reported on November 2 attended the Moorpark Chamber of Commerce mixer sponsored by the Ventura County Credit Union. Mayor Parvin reported on November 3 she was the guest reader at the Moorpark Library for National Picture Book Month. Mayor Parvin requested addition of an agenda item at the next Council meeting regarding the visualization maps and draft maps for County Supervisorial and State Congressional redistricting and have a discussion of their status and how they may affect Moorpark. 8. PUBLIC HEARINGS: A. Consider an Ordinance Approving Zoning Ordinance Amendment No. 2021-01 - Amending Chapters 17.08 (Definitions) and 7.20 (Uses by Zone) of Title 17 (Zoning) of the Moorpark Municipal Code to Define Certain Uses Involving Industrial Hemp and Related Products, and to Identify the Zones in Which These Uses Would be Prohibited, Permitted, and Conditionally Permitted, and Making a Determination of Exemption Pursuant to the California Environmental Quality Act (CEQA) in Connection Therewith. Staff Recommendation: 1) Continue to accept public testimony and close the public hearing; and 2) Introduce Ordinance No. 497, approving Zoning Ordinance Amendment No. 2021-01 for first reading, waive full reading, and place this ordinance on the agenda for November 17, 2021, for purposes of providing second reading and adoption of the ordinance. (ROLL CALL VOTE REQUIRED) Ms. Farley-Judkins gave the staff report. She noted a needed correction to the last page of the Draft Ordinance on stamped page 26 to strike out"home occupation permit" and replace with "zoning clearance". Questions followed among Councilmembers and staff with regard to review of a zoning map plotting buffers and sensitive uses and showing where proposed uses would be allowed. Mayor Parvin opened the public hearing at 7:10 p.m. Having no speakers, the public hearing was closed. Questions and comments followed among Councilmembers and staff which focused on the following: 1) the ordinance is now more streamlined and Minutes of the City Council/Successor Agency Moorpark, California Page 5 November 3, 2021 addresses prior concerns; 2) confirmation that the ordinance permits sale of CBD products in food, beverages and dietary supplements which is legal under Assembly Bill 45, however, FDA guidelines prohibit CBD-infused food, beverages and supplements, adding to the contradictory regulations; 3) confirmation that Simi Valley does not differentiate between hemp and CBD and therefore it is considered a prohibited use; and 4) noting for staff that Moorpark College also includes a childcare facility and high school on the campus. Mr. Ennis read the title of the ordinance. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT NO. 2021-01 AMENDING CHAPTERS 17.08 (DEFINITIONS)AND 7.20 (USES BY ZONE) OF TITLE 17 (ZONING) OF THE MOORPARK MUNICIPAL CODE TO DEFINE CERTAIN USES INVOLVING INDUSTRIAL HEMP AND RELATED PRODUCTS, AND TO IDENTIFY THE ZONES IN WHICH THESE USES WOULD BE PROHIBITED, PERMITTED, AND CONDITIONALLY PERMITTED, AND MAKING A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH MOTION: Councilmember Enegren moved and Councilmember Pollock seconded a motion to introduce Ordinance No. 497 for first reading, waive full reading, and place this ordinance on the agenda for November 17, 2021, as amended. The motion carried by a roll call vote of 4-1 with Mayor Parvin dissenting. 9. PRESENTATION/ACTION/DISCUSSION: A. Consider Annual Presentation by Moorpark College President Dr. Julius Sokenu. President Dr. Julius Sokenu, Moorpark College staff, and Ventura Community College District Board Trustee Bernardo Perez provided a presentation on the state of Moorpark College and its programs and activities. A copy of the District's 2021 Annual Report was also provided to Mayor Parvin and the City Council. There were no speakers. CONSENSUS: It was the consensus of the City Council to receive and file the report. Minutes of the City Council/Successor Agency Moorpark, California Page 6 November 3, 2021 B. Consider Annual Water Rate Presentation by Water and Sanitation Director Joseph Pope, Ventura County Waterworks District No. 1 County of Ventura Public Works Agency. Ventura County Waterworks District No. 1 Water and Sanitation Director Joseph Pope gave a presentation regarding proposed water rates for Moorpark customers. He noted they are seeking additional funding from grants to help with water projects and provided updates on certain projects responsive to the Council's inquiries. A 3.5 percent increase for fixed meter customers is proposed effective July 2022, and a Proposition 218 rate increase flyer will be mailed in February. He noted that approval of the Calleguas "pass-through" rate increases as allowed under Government Code 53756 will be requested of the Board. There were no speakers. CONSENSUS: It was the consensus of the City Council to receive and file the report. C. Consider Update on Strategies, Goals and Objectives for Fiscal Years 2021/22 and 2022/23. Staff Recommendation: Receive and file updates of the Strategies, Goals and Objectives for Fiscal Years 2021/22 and 2022/23. Mr. Gagajena gave the staff report and highlighted progress made on the strategies, goals, and objectives. Questions and discussion from Councilmembers followed regarding: 1) the management of the Strategies, Goals and Objectives and ensuring staff is accountable for measurement of progress, with staff noting measurement is being evaluated on a quarterly basis; and 2) support of recovery efforts by staff to businesses that have closed due to the pandemic with Mr. Gagajena noting outreach has taken place to identify reasons businesses have closed and to inquire on what resources are needed or could be needed to return. There were no speakers. CONSENSUS: It was the consensus of the City Council to receive and file the report. 10. CONSENT CALENDAR MOTION: Mayor Parvin moved and Councilmember Enegren seconded a motion to approve the Consent Calendar with the exception of Items 10.E., 10.F., and 10.H. which were pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Warrant Register for Fiscal Year 2021/22 — November 3, 2021. Staff Recommendation: Approve the warrant register. Minutes of the City Council/Successor Agency Moorpark, California Page 7 November 3, 2021 B. Consider Minutes of Regular City Council/Successor Agency Meeting of June 2, 2021 . Staff Recommendation: Approve the minutes. C. Consider Minutes of Regular City Council/Successor Agency Meeting of June 16, 2021. Staff Recommendation: Approve the minutes. D. Consider Agreement with California Recycles, Inc. for Collection and Transportation of Electronic and Universal Waste. Staff Recommendation: Approve Agreement with California Recycles, Inc. for a not to exceed amount of$115,000, and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager. G. Consider Amendment to Agreement with Kosmont Real Estate Services dba Kosmont Realty for Real Estate Advisory and Brokerage Services and Resolution Amending Fiscal Year 2021/22 Budget by Appropriating $30,000 from the General Fund and City Affordable Housing Fund for Real Estate Advisory Services. Staff Recommendation: 1) Approve Amendment No. 2 to Agreement with Kosmont Realty Services dba Kosmont Realty for real estate advisory and brokerage services, and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager; and 2)Adopt Resolution No. 2021-4050 amending the Fiscal Year 2021/22 budget to fund real estate advisory services. (ROLL CALL VOTE REQUIRED) Consider Waiving Informal Request for Proposals Process and Approve Agreement with West Coast Arborists, Inc. (WCA) for Arborist and Pest Control Services. Staff Recommendation: Waive Informal Request for Proposals process and approve Agreement with West Coast Arborists, Inc. for Arborist and Tree Pest Control Services and authorize the City Manager to execute the Agreement, subject to final language approval by the City Manager. J. Consider the Award of a Professional Services Agreement to IMS Infrastructure Management Services, LLC for the 2021 Pavement Management Program. Staff Recommendation: 1) Consider and adopt Resolution No. 2021-4051, amending the Fiscal Year 2021/22 Budget by appropriating $60,000.00 from the Road Maintenance & Rehabilitation Fund (2416) to fund a Pavement Management Program; 2)Authorize award of Professional Services Agreement to IMS Infrastructure Management Services, LLC for an amount not to exceed $51,434.00; 3) Authorize the City Manager to the sign the Agreement, subject to final language approval by the City Manager; and 4) Authorize the City Manager to amend the Agreement for additional work in an amount not to exceed $5,143.40 (10% of the amount of the Agreement). Minutes of the City Council/Successor Agency Moorpark, California Page 8 November 3, 2021 K. Consider a Cooperative Agreement with the State Department of Public Health and Agencies Applying Pesticides for Public Health Purposes. Staff Recommendation: Approve the 2022 Cooperative Agreement and authorize the Mayor to execute the Agreement on behalf of the City. L. Consider Plans and Specifications for Arroyo Vista Recreation Center (AVRC) Gas Line and Heating, Ventilation and Cooling (HVAC) Replacement, Award of Agreement to Bon Air Incorporated for the AVRC Gas Line and HVAC Replacement Project, and Resolution Amending the Budget for Fiscal Year (FY) 2021/22 Appropriating $253,050 from the Equipment Replacement Fund (3003)to the Arroyo Vista Recreation Center HVAC Replacement Project (M0024). Staff Recommendation: 1) Approve plans and specifications for AVRC Gas Line and HVAC Replacement Project (M0024); 2) Award contract to Bon Air Incorporated for $342,000, plus a contingency of$51,300, for a total contract amount of$393,300 and authorize execution of the Agreement by the City Manager, subject to final language approval by the City Manager; and 3)Adopt Resolution No. 2021- 4052 amending the FY 2021/22 budget to fund the AVRC Gas Line and HVAC Replacement Project (M0024). (ROLL CALL VOTE REQUIRED) M. Consider the Award of Contract to F.S. Contractors, Inc. for the 2021 Sidewalk Rehabilitation Project (Project No. M0050). Staff Recommendation: Approve Amendment No. 1 to Agreement between the City of Moorpark and F.S. Contractors, Inc. for the 2021 Sidewalk Rehabilitation Project (M0050), Specification No. MPK 21-01, in the amount of $30,269.80 and authorize the City Manager to sign the Amendment subject to final language approval of the City Manager.) N. Consider Agreement with Granicus, LLC for Streaming and Distribution of Live and Archived Video and Audio Content for Broadcast of Public Meetings. Staff Recommendation: Authorize the City Manager to sign the Agreement, subject to final language approval by the City Manager. The following items were pulled for individual consideration. E. Consider Award of Agreements to Fence Factory and Quality Fence Co., Inc. for Fencing Services. Staff Recommendation: 1) Award an Agreement to Fence Factory for fencing services, and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager; and 2) Award an Agreement to Quality Fence Co., Inc. for fencing services, and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager. Councilmember Pollock announced he would abstain from the vote due to possible pending business the Fence Factory may have with his employer. Minutes of the City Council/Successor Agency Moorpark, California Page 9 November 3, 2021 MOTION: Mayor Parvin moved and Councilmember Enegren seconded a motion to approve award Agreements to Fence Factory and Quality Fence Co., Inc. for fencing service and authorize the City Manager to sign the Agreements. The motion carried by a voice vote of 4-0 with Councilmember Pollock abstaining. F. Consider Resolution Declaring 780 Walnut Street Surplus Property. Staff Recommendation: Adopt Resolution No. 2021-4049, declaring 780 Walnut Street as surplus property. Sharon Noel, Moorpark resident was permitted to speak as she could not provide comment via Zoom due to a power outage, and spoke to inquire why the property was now being considered as surplus when it was previously being considered for inclusion in an affordable housing project. Mr. Laurentowski gave a brief summary on the property and Mr. Brown explained the legal background for the requirement to declare the property as surplus. MOTION: Mayor Parvin moved and Councilmember Groff seconded a motion to approve adoption of Resolution No. 2021-4049. The motion carried by unanimous voice vote. Councilmember Groff announced he would abstain from the vote as he is the co-founder of the event and past President of Moorpark Morning Rotary, and Councilmember Pollock announced he would abstain as he is a member of the Moorpark Morning Rotary Club. H. Consider Co-Sponsoring the Rotary Club of Moorpark Morning's Holiday on High Street Event. Staff Recommendation: Approve the Cooperative Services Agreement to co-sponsor Holiday on High Street and authorize the City Manager to sign the agreement subject to final language approval of the City Manager. MOTION: Mayor Parvin moved and Councilmember Enegren seconded a motion to approve Cooperative Services Agreement to co-sponsor Holiday on High Street and authorize the City Manager to sign the agreement. The motion carried by a voice vote of 3-0 with Councilmembers Groff and Pollock abstaining. 11 . ORDINANCES: (ROLL CALL VOTE REQUIRED) None. 12. CLOSED SESSION: Mr. Brown requested the Council go into closed session for discussion of Item 12.A. on the agenda. The time was 8:54 p.m. Minutes of the City Council/Successor Agency Moorpark, California Page 10 November 3, 2021 MOTION: Mayor Parvin moved and Councilmember Groff seconded a motion to go into Closed Session. The motion called by unanimous voice vote. 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 Castro, Enegren, Groff, Pollock, and Mayor Parvin; Troy Brown, City Manager; Kevin Ennis, City Attorney; PJ Gagajena, Assistant City Manager; Tilden Kim, Attorney with Richards Watson Gershon; and Jeremy Laurentowski, Parks and Recreation Director. The Council reconvened into open session at 9:10 p.m. Mr. Brown stated Item 12.A. was discussed and there was no action to report. 13. ADJOURNMENT: Mayor Parvin adjourned the meeting at 9:10 p.m. J nice S. Parvin, Mayor ATTEST: A ORpAR , , 5 Ky Span r, City lerk 0� ('' i:, 9)y,