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HomeMy WebLinkAboutAGENDA REPORT 2022 0216 CCSA REG ITEM 10ECITY OF MOORPARK, CALIFORNIA City Council Meeting of February 16, 2022 ACTION APPROVED STAFF RECOMMENDATION. BY B.Garza. E.Consider Minutes of Regular City Council/Successor Agency Meeting of December 15, 2021. Staff Recommendation: Approve the minutes. (Staff: Ky Spangler, City Clerk) Item: 10.E. MINUTES OF THE CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Moorpark, California December 15, 2021 A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency was held on December 15, 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: Mayor Parvin 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; Brian Chong, Assistant to the City Manager; Kambiz Borhani, Finance Director; Daniel Kim, City Engineer/Public Works Director; Jeremy Laurentowski, Parks and Recreation Director; Carlene Saxton, Community Development Director; Doug Spondello, Planning Manager; Chris Ball, Senior Management Analyst; Shanna Farley-Judkins, Principal Planner; Shaun Kroes, Public Works Manager; Stephanie Anderson, Recreation Services Manager; Chris Thompson, Senior Information Systems Administrator; Captain Victor Fazio, Ventura County Sheriff's Office; Ky Spangler, City Clerk (via Zoom); and Blanca Garza, Deputy City Clerk II. 4.PROCLAMATIONS AND COMMENDATIONS: None. 5.PUBLIC COMMENT: Hugh J. Finlay, Moorpark resident, spoke in opposition and to express concerns associate with installation of wireless 5G antennas, and requested Council support to avoid the placement of these transmitters near homes, workplaces, and schools. Mr. Finlay asked about what considerations are in place for placement of antennas, and what kind of power levels and frequencies are being used by these antennas. Item: 10.E. 843 Minutes of the City Council/Successor Agency Moorpark, California Page 2 December 15, 2021 Rachel Schiefer, Moorpark resident, spoke to express concerns regarding health effects experienced by her family potentially due to residing in proximity of the Edison towers and EMF (electric and magnetic field) exposure. She requested Council consider the potential health effects and encourage d support for the removal of these cellular antennas. Anne Marie spoke to express concerns with the placement of telecom equipment and potential exposure to microwave radiation. She requested an ordinance be adopted to address the placement of telecom equipment near homes, that there be a safe zone, and the City to look into potential sites before the actual placement, and remarked on an August 2021 Circuit Court ruling that the FCC (Federal Communications Commission) has not taken the health effects of telecom equipment into consideration and is requiring them to submit data to the court. Nicole Golden, Moorpark resident, distributed photos of the small cell installation at 13267 Peach Hill Road and requested the relocation of the antenna due to its close proximity to her home, and that this issue be placed on the next City Council agenda for discussion. She stated there are other locations not near residences where this could be located, and expressed concerns related to safety, noise, and decreased property values. She inquired about the permitting process undertaken by the City and why this placement was permitted. Robert Golden, Moorpark resident, spoke in opposition of the installed cell tower near his home and within 14 feet of his children’s playhouse, and expressed his opinion that this was snuck in without the proper processes being followed before the permit was issued. He noted this site will set a precedent and other installation locations will follow. Lisa Cirricione, spoke about the urgency to put the small cell urgency ordinance back on the agenda and create policies to ensure the current ordinance be adhered to. She noted prior comments made by the Councilmembers, City Attorney and staff on April 17, 2019, about how staff would ensure the 250-foot distance from a structure, and urged the Council to place this topic back on the agenda for discussion. Lisa Padilla, Moorpark resident, spoke about her concerns with the cell tower installed near the Golden family’s home. Tim Padilla, Moorpark resident, spoke about his concerns about the cell tower’s location and expressed the responsibility now lies with the City as this situation is not acceptable. He inquired if anyone has spoken to AT&T and requested support to help the Golden family resolve this concern. Kathleen Gildred, spoke in opposition to the location of the installed cell tower and expressed safety and exposure concerns. 844 Minutes of the City Council/Successor Agency Moorpark, California Page 3 December 15, 2021 Neda Fioozat, Moorpark resident, expressed concerns about the lack of process for environmental impacts as they are set to be placed every 300 feet , and her concerns and effects with regard to health, social, economic, and other impacts to children and the City. Julie Levine spoke to express her concerns with 5G radiation and stated the City has the right to stand up to telecom with regard to fire, safety, aesthetics, safety for children, and ADA requirements. She expressed concerns regarding the placement location, urged finding alternative locations that are not near homes, and remarked on Senate Bill 556 which was vetoed by Governor Newsom which would have made local ordinances null and void. Karen Cromwell, (Zoom Speaker) was not available when called to speak. Georgette Montes de Oca, (Zoom Speaker), spoke in support of the Golden family and expressed concerns about the cell towers which are so close to children. Cheri Ackermann, submitted written comments which were read by the Clerk, which in summary expressed concern for the installation of cell towers in residential neighborhoods citing health, safety, economic, and unsightliness issues, requested alternate siting in commercial locations, remarked on the urgency ordinance adopted on April 17, 2019 and its provisions, and stated this matter requires resolution. She noted other cities have successfully stopped this law. The Council suggested a Town Hall Meeting or an Agenda Item to find solutions. Staff relayed the Policy is per City Council Resolution No. 2019 -3800. Mr. Brown noted this conversation needs to be addressed with AT&T. 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 Groff reported a successful fourth annual Holiday on High Street was held on December 4 and thanked founders, supporters, and volun teers for coordinating the event. Councilmember Groff reported on December 7 he attended the Moorpark Chamber of Commerce monthly mixer at Moorpark Center for Dentistry. Councilmember Groff reported on December 8 he attended the Moorpark Chamber of Commerce Board of Directors meeting. 845 Minutes of the City Council/Successor Agency Moorpark, California Page 4 December 15, 2021 Councilmember Groff reported on December 14 he attended the Association of Water Agencies of Ventura County (AWA) annual event held at M on High Street. Councilmember Enegren reported on December 4 he attended the Holiday on High Street event. Councilmember Pollock reported on December 2 and 3 he attended the League of California Cities Board of Directors meeting in Monterey and reported that the Board discussed its position on the Assembly Constitutional Amendment (ACA) 7 initiative being circulated to assert local control on land use decisions in response to Senate Bill (SB) 9, but no position has currently been taken. Councilmember Pollock commented he missed Holiday on High Street but is enjoying the holiday lights on the streetlights. Councilmember Pollock reported on December 10 the Southern California Association of Governments (SCAG) had a Greenprint Advisory Group and compiling environmental data from different sources into a geographical information system (GIS) to provide multiple layers of data and are addressing concerns on how the data may be used to initiate California Environmental Quality Act (CEQA) lawsuits. Councilmember Pollock reported on December 11 he attended a performance of Christmas Magic at the High Street Arts Center. Councilmember Pollock reported on December 13 he had an exparte meeting with Broadbeach Power, a group interested in taking over the former Studio project site, to put battery power on the site. Councilmember Castro expressed appreciation to everyone invol ved in the Holiday on High Street event and the sense of community generated. Mayor Parvin announced the City’s annual Holiday Movie Marathon on Saturday, December 18 at the High Street Arts Center. For show times and details, visit moorparkca.gov/events. Mayor Parvin announced on December 16 at 6:30 p.m., the City’s General Plan Advisory Committee (GPAC) will meet at City Hall and via Zoom to review feedback from the Land Use Opportunity Sites Open House and survey held at City Hall in November. Responses from nearly 100 community members regarding the preferred land use changes throughout Moorpark were received at the workshop and nearly 100 community members participated in the online survey. The GPAC will consider the results of the survey a nd will recommend a preferred land use plan based on the community’s feedback. The GPAC's Preferred Land Use Plan will be presented to the Planning Commission and City Council early in 2022. 846 Minutes of the City Council/Successor Agency Moorpark, California Page 5 December 15, 2021 Mayor Parvin announced the Moorpark Farmer’s Market is open every Sunday from 9:00 a.m. to 2:00 p.m. at the City Hall parking lot at 799 Moorpark Avenue. This is a certified farmer’s market sponsored by Enriched Farms. You can find organic produce, taste unique foods, and discover handmade arts and crafts. Go to EnrichedFarms.com for more information. Mayor Parvin reported on December 2 she attended a Clean Power Alliance (CPA) Board meeting and discussed its current rates versus Southern California Edison (SCE) and how the CPA rates will further decrease in March due to the Power Charge Indifference Adjustment (PCIA) which is the exit fee charged by SCE to customers that choose another power provider. Mayor Parvin reported on December 3 she attended a Boys & Girls Club annual breakfast featuring Moorpark Olympic water polo gold medalist Amanda Longan. Mayor Parvin reported on December 4 she attended the Holiday on High Street event and remarked on the large number of volunteers and City staff that participated in making the event happen. Mayor Parvin reported on December 7 she attended the Moorpark Chamber of Commerce monthly mixer at Dr. Potts’ office, the Moorpark Center for Dentistry. Mayor Parvin reported on December 10 she attended the Moorpark Chamber of Commerce networking breakfast. Mayor Parvin reported on December 11 she participated in the Toys for Tots event. Mayor Parvin reported on December 14 she participated in a League of California Cities seminar with Dr. Arthur Evans, CEO of the American Psychological Association on mental health. Mayor Parvin reported on December 15 she participated in a Local Agency Formation Commission (LAFCo) meeting. 8. PUBLIC HEARINGS: A. Consider Ordinance No. 499, Approving Zoning Ordinance Amendment No. 2021-02 and the First Amendment to the Development Agreement Between the City of Moorpark and NLA 118, LLC to Expand the Potential Uses that May be Conducted Within the Commercial Planned Development Zone at 14349 White Sage Road, and Adopt a Negative Declaration Pursuant to the California Environmental Quality Act in Connection Therewith, on the Application of Thomas Schlender of NLA 118, LLC. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Introduce Ordinance No. 499, approving ZOA No. 2020-02, the First Amendment to Development Agreement No. 2004-02, and adopting a Negative Declaration in association therewith for 847 Minutes of the City Council/Successor Agency Moorpark, California Page 6 December 15, 2021 first reading, waive full reading, and place this ordinance on the agenda for January 5, 2022, for purposes of providing second reading. (ROLL CALL VOTE REQUIRED) Ms. Farley-Judkins gave the staff report and included a footnote correction to the table of text to be stricken out in the PowerPoint presentation. A discussion among the Councilmembers and staff focused on: the current percentage of retail space; if the added uses will improve their ability to lease or sell; and questions to the applicant’s representative with regard to sale and lease back, and zoning. Mayor Parvin opened the public hearing at 7:39 p.m. Having no speakers, the public hearing was closed. Mayor Parvin closed the public hearing at 7:39 p.m. Mr. Ennis read the title of Ordinance No. 499. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT NO. 2021-02 AMENDING CHAPTERS 17.08 (DEFINITIONS) AND 17.20 (USES BY ZONE) OF TITLE 17 (ZONING) OF THE MOORPARK MUNICIPAL CODE TO ADD CERTAIN USES TO THE COMMERCIAL PLANNED DEVELOPMENT ZONE AT 14349 WHITE SAGE ROAD SUBJECT TO A CONDITIONAL USE PERMIT, APPROVE THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2004-02, AND ADOPT A NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH, ON THE APPLICATION OF THOMAS SCHLENDER, ON BEHALF OF NLA 118, LLC MOTION: Mayor Parvin moved and Councilmember Pollock seconded a motion to Introduce Ordinance No. 499, approving ZOA No. 2020 -02, the First Amendment to Development Agreement No. 2004-02, and adopting a Negative Declaration in association therewith for first reading, waive full reading, and place this ordinance on the agenda for January 5, 2022, for purposes of providing second reading. The motion carried by unanimous roll call vote. 848 Minutes of the City Council/Successor Agency Moorpark, California Page 7 December 15, 2021 9. PRESENTATION/ACTION/DISCUSSION: A. Consider Dates for Regularly Scheduled City Council Meetings for Calendar Year 2022 and Standing Committee Meeting Schedule for Calendar Year 2022. Staff Recommendation: 1) Adopt the 2022 Regular City Council meeting date calendar; and 2) Adopt the 2022 Standing Committee meeting schedule and make any desired changes to Standing Committee representation. Ms. Spangler gave the staff report. A discussion among the Councilmembers and staff focused on the Council’s availability to commence meetings earlier than 6:30 p.m., noting an earlier start time may be problematic. There were no speakers. MOTION: Mayor Parvin moved and Councilmember Enegren seconded a motion to 1) Adopt the 2022 Regular City Council meeting date calendar; and 2) Adopt the 2022 Standing Committee meeting schedule and make any desired changes to Standing Committee representation. The motion carried by unanimous voice vote. B. Consider Authorization to Close Escrow on Purchase of 323 Science Drive (APN: 512-0-240-275) for Use as a City Hall. Staff Recommendation: Approve the purchase of 323 Science Drive and authorize City Manager to close escrow on the property. Mr. Brown gave the staff report. There were no speakers. MOTION: Mayor Parvin moved and Councilmember Groff seconded a motion to approve the purchase of 323 Science Drive and authorize City Manager to close escrow on the property. The motion carried by unanimous voice vote. C. Consider a Resolution Amending the Disposition and Development Agreement No. 2018-01 Between the City of Moorpark and Daly Group, Inc. Staff Recommendation: Adopt Resolution No. 2021-4057 approving First Amendment to Disposition and Development Agreement No. 2018-01, extending the closure of escrow to September 30, 2022, subject to final language approval by the City Manager. AT THIS POINT IN THE MEETING Councilmember Groff announced that he would recuse himself from this Item as it involves property within 500 feet of the property he owns on High Street and left the dais. The time was 7:53 p.m. 849 Minutes of the City Council/Successor Agency Moorpark, California Page 8 December 15, 2021 AT THIS POINT IN THE MEETING Councilmember Enegren announced that due to a potential conflict of interest he would recuse himself from consideration of this Item as it involves the High Street Depot Project and although he has no financial interest in the project at the present time he has had prior discussions with the developer about and he could later be involved in and left the dais. The time was 7:53 p.m. Ms. Saxton gave the staff report. There were no speakers. A discussion among the Councilmembers and staff focused on: direction or concerns from the ad hoc committee and the meeting schedule; letter from the financing entity; the County to certify the property has been remediated; consideration of financial relief or City concessions. Mr. Vince Daly provided an update on the project’s status and noted the issue pertains to the remediation. MOTION: Mayor Parvin moved and Councilmember Pollock seconded a motion to adopt Resolution No. 2021-4057 approving First Amendment to Disposition and Development Agreement No. 2018-01, extending the closure of escrow to September 30, 2022, subject to final language approval by the City Manager . The motion carried by voice vote 3-0, Councilmembers Enegren and Groff abstaining. AT THIS POINT IN THE MEETING Councilmembers Groff and Enegren returned to the dais. The time was 8:06 p.m. D. Consider Update Regarding the Status of the 2050 General Plan. Staff Recommendation: Receive and file report. Mr. Spondello gave the staff report. A discussion among the Councilmembers and staff focused on: response from the California Department of Housing and Community Development (HCD) and anticipated process. There were no speakers. CONSENSUS: It was the consensus of the City Council to receive and file the report. E. Consider Agreement with LPA, Inc. for Architectural Design Services for the New City Library and Resolution Amending the Fiscal Year 2021/22 Budget. Staff Recommendation: 1) Approve Agreement with LPA, Inc. for Architectural Design Services, and authorize the City Manager to execute the Agreement, subject to final language approval of the City Manager and City Attorney; and 850 Minutes of the City Council/Successor Agency Moorpark, California Page 9 December 15, 2021 2) Adopt Resolution No. 2021-4058 amending the Fiscal Year 2021/22 budget to fully fund the Agreement. (ROLL CALL VOTE REQUIRED) Mr. Laurentowski gave the staff report. A discussion among the Councilmembers and staff focused on: the selection based on vision, design and integration; and the proposal includes two design options for the Council to consider when this Item returns to the Council. There were no speakers. MOTION: Mayor Parvin moved and Councilmember Enegren seconded a motion to approve Agreement with LPA, Inc. for Architectural Design Services, and authorize the City Manager to execute the Agreement, subject to final language approval of the City Manager and City Attorney; and adopt Resolution No. 2021- 4058 amending the Fiscal Year 2021/22 budget to fully fund the Agreement. The motion carried by unanimous roll call vote. F. Consider Amendment No. 1 to RideCo Inc. Agreement for Pilot Mobility On Demand Rideshare Program for a Net Decrease of $352,900; and Consider Waiving the Formal Request for Approval Process and Award an Agreement to First Transit, Inc. for Pilot Mobility On Demand Rideshare Program. Staff Recommendation: 1) Approve Amendment No. 1 to RideCo Inc. Agreement, extending the Agreement Term to December 31, 2024, and reducing the not-to-exceed amount from $545,500 to $192,600, subject to final language approval of the City Manager and City Attorney, and authorize the City Manager to sign the Agreement; and 2) Waive the formal RFP process and approve Agreement with First Transit, Inc. for a Pilot Mobility On Demand Rideshare Program for a not-to-exceed amount of $1,732,402, subject to final language approval of the City Manager and City Attorney, and authorize the City Manager to sign the Agreement. Mr. Kroes gave the staff report and provided a summary of contract negotiations. Discussion and questions followed among Councilmembers and staff which focused on the start of services anticipated for March 2022 and funding. There were no speakers. 851 Minutes of the City Council/Successor Agency Moorpark, California Page 10 December 15, 2021 MOTION: Mayor Parvin moved and Councilmember Enegren seconded a motion to approve Amendment No. 1 to RideCo Inc. Agreement, extending the Agreement Term to December 31, 2024, and reducing the not-to-exceed amount from $545,500 to $192,600, subject to final language approval of the City Manager and City Attorney, and authorize the City Manager to sign the Agreement; and Waive the formal RFP process and approve Agreement with First Transit, Inc. for a Pilot Mobility On Demand Rideshare Program for a not -to-exceed amount of $1,732,402, subject to final language approval of the City Manager and City Attorney, and authorize the City Manager to sign the Agreement . The motion carried by unanimous roll call vote. 10. CONSENT CALENDAR MOTION: Councilmember Enegren moved and Councilmember Pollock seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Warrant Register for Fiscal Year 2021/22 – December 15, 2021. Staff Recommendation: Approve the warrant register. B. Consider Minutes of Regular City Council/Successor Agency Meeting of October 6, 2021. Staff Recommendation: Approve the minutes. C. Consider Minutes of Special Joint City Council/Successor Agency Meeting of October 11, 2021. Staff Recommendation: Approve the minutes. D. Consider Recreation Programs Cost Recovery Summary Fiscal Year 2020- 2021. Staff Recommendation: Receive and file report. E. Reconsider Agreement with Granicus, Inc. 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. F. Consider the Report Titled “Accounting of Fund Information as Required by Section 66006 of the California Government Code for Fiscal Year 2020/21”. Staff Recommendation: Accept the Development Impact Fee Annual Report for Fiscal Year 2020/21. G. Consider Agreement with Turnkey Construction and Solar Inc dba TurnKey Energy for Electric Vehicle Chargers at Arroyo Vista Community Park, and Resolution Amending the Budget for Fiscal Year (FY) 2021/22 Appropriating $55,538 from the Traffic System Management Fund (2001) for the Project. Staff Recommendation: 1) Approve contract with Turnkey Construction and Solar Inc dba TurnKey Energy for $48,294, plus a contingency in the amount of $7,244, for a total contract amount of $55,538, and authorize execution of the Agreement by the City Manager, subject to final language approval by the City Manager; and 2) Authorize execution of 852 Minutes of the City Council/Successor Agency Moorpark, California Page 11 December 15, 2021 all necessary project-related documentation by the City Manager; and 3) Adopt Resolution No. 2021-4059 amending the FY 2021/22 budget to fund the electric vehicle chargers at Arroyo Vista Community Park. (ROLL CALL VOTE REQUIRED) H. Consider Resolution Amending the Fiscal Year 2021/22 Budget by $12,000 from the General Fund to Fund Electrical Engineering Services for a Generator Automatic Transfer Switch Replacement and Adding the Outdoor Lights to the Emergency Power Panel at the Police Services Center. Staff Recommendation: Adopt Resolution No. 2021-4060 amending the Fiscal Year 2021/22 Budget for Electrical Engineering Services at the Police Services Center. (ROLL CALL VOTE REQUIRED) I. Consider Resolution Amending the Fiscal Year 2021/22 Budget and Authorizing the Transfer of General Fund and Gas Tax Monies to Cover Fiscal Year 2020/21 Year-End Deficits in Certain Funds for the City’s Landscaping and Lighting Assessment Districts. Staff Recommendation: Adopt Resolution No. 2021-4061. (ROLL CALL VOTE REQUIRED) 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Brown requested the City Council go into closed session for discussion of Item 12.A. on the agenda. The time was 8:46 p.m. MOTION: Mayor Parvin moved and Councilmember Groff seconded a motion to go into Closed Session. The motion carried 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; Jeremy Laurentowski, Parks and Recreation Director; and Tilden Kim, Attorney with Richards Watson Gershon. The Council reconvened into open session at 9:22 p.m. Mr. Brown stated Item 12.A. was discussed and there was no action to report. 853 Minutes of the City Council/Successor Agency Moorpark, California Page 12 December 15, 2021 13.ADJOURNMENT: Mayor Parvin adjourned the meeting at 9:22 p.m. Janice S. Parvin, Mayor ATTEST: Ky Spangler, City Clerk 854