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HomeMy WebLinkAboutMIN 2022 0518 CC SA REGMINUTES OF THE CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Moorpark, California May 18 2022 A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency was held on Wednesday, May 18, 2022, at 6:30 p.m. 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 6:32 p.m. 2. PLEDGE OF ALLEGIANCE: Commander Paul Barron, American Legion Post 502, 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; Steven Flower, City Attorney's Office; PJ Gagajena, Assistant City Manager; Megan Somogyi, Downey Brand LLP, Special Counsel for City of Moorpark (via Zoom); Vivien Avella, Finance Director/City Treasurer; Daniel Kim, City Engineer/Public Works Director; Jeremy Laurentowski, Parks and Recreation Director; Carlene Saxton, Community Development Director; Brian Chong, Assistant to the City Manager; Mack Douglass, Program Manager; Philip Neumann, Associate Planner I; Chris Thompson, Senior Information Systems Administrator; Andres Pena, Information Systems Technician I, Captain Victor Fazio, Ventura County Sheriffs Office; and Ky Spangler, City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation Declaring May 2022 as Military Appreciation Month in Moorpark. Mayor Parvin presented American Legion Post 502 Commander Paul Barron with a Proclamation declaring May 2022 as Military Appreciation Month in Moorpark. He announced and invited the community to join in the Legion's changing of the colors at the intersection of Los Angeles Minutes of the City Council/Successor Agency Moorpark, California Page 2 May 18 2022 Avenue and Moorpark Road at 7:00 a.m. and at the Moorpark Veteran's Memorial at 10.00 a.m. followed by the annual Memorial Day celebration. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA None. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND MAYOR.- Councilmember Pollock reported on May 4-6 he attended several meetings of the Southern California Association of Governments (SCAG) which included the Regional Council and General Assembly meetings in Palm Desert. He noted SCAG adopted one of six bylaw suggestions allowing the Transportation Commission representative to serve as an Officer in the future, adopted the General Fund Budget, and new officers were elected. Councilmember Pollock reported on May 10 he attended a meeting of the Ventura County Air Pollution Control District (VCAPCD) Board with nothing significant to report other than the District is still looking for a new Air Pollution Control Officer. Councilmember Pollock reported on May 13-14 attended the League of California Cities Board of Directors meeting. He noted an increase in the State's budget to $300 billion but cautioned that some monies are one-time funds. Further, he reported the Board voted to support or oppose various bills including: to oppose Senate Bill (SB) 1328 and SB 1173 which would have CalPERS divest itself from fossil fuel equities; to oppose Assembly Bill (AB) 2053 that would create the California Housing Authority; and to support, if amended, AB 2295 that would allow teacher housing on surplus property sites; and to support SB 1326 allowing the lawful import and export of cannabis. Additionally, the Board had a long discussion on a proposed November 2022 ballot initiative to enact a one cent tax on all single -use plastics which they will revisit in July. Councilmember Pollock noted on May 16 the City's Building inspector provided final approval of the solar panel system and a battery backup recently installed on his home. Councilmember Enegren reported he missed the last meeting due to illness. Councilmember Enegren reported on May 11 he attended the Moorpark Chamber of Commerce Board meeting. Minutes of the City Council/Successor Agency Moorpark, California Page 3 May 18 2022 Councilmember Enegren reported on May 12 he attended the Ventura County Animal Services Commission meeting, reported on the plans for the new animal shelter and selection of a new architect in the next few months. Councilmember Groff reported on May 5 he attended the all City employee briefing and luncheon held at the new City Hall Building on Science Drive. Councilmember Groff reported on May 7 he attended the Moorpark Earth Festival and Community Yard Sale event at Arroyo Vista Community Park. Councilmember Groff reported on May 8 he attended the Moorpark Farmer's Market. Councilmember Groff reported from May 11-13 he attended the League of California Cities Legislative Action Days event in Sacramento with Assistant to the City Manager Brian Chong. Councilmember Castro reported on May 11 he attended a meeting of the Administration, Finance, and Public Safety Standing Committee with Mayor Parvin. Councilmember Castro acknowledged and expressed appreciation for all mental health providers, most especially for those who continue to care for our Veterans. Mayor Parvin announced the City Council is currently accepting applications for appointment to the Citizen Transportation Advisory Committee, the Ventura County Area Agency on Aging Advisory Council, the Moorpark City Library Board and the Teen Council. If you want to learn more about these appointments, please visit the City's website for information and the on-line applications at moorparkca.gov/serve. Mayor Parvin announced registration is now underway for summer recreation programs. The City of Moorpark offers a variety of programs including summer camps, classes, and sports leagues. For details visit moorparkca.gov/recreation or call the Arroyo Vista Recreation Center at (805) 517-6300. Mayor Parvin announced the Moorpark Symphony Orchestra will have a performance on May 27 at the Moorpark Presbyterian Church beginning at 7.00 p.m. For more information visit www.moorparksymphony.com. Mayor Parvin reported on May 5 she attended the City all employee briefing and luncheon held at the new City Hall Building on Science Drive. Mayor Parvin reported on May 6 she met with Many Mansions, an affordable housing developer in Ventura County. Mayor Parvin reported on May 7 she attended the City's Earth Festival event. Minutes of the City Council/Successor Agency Moorpark, California Page 4 May 18 2022 Mayor Parvin reported on May 10 she participated in the Moorpark Chamber of Commerce Economic Development Task Force meeting. Mayor Parvin reported on May 11 she attended the Clean Power Alliance Board of Directors meeting where they reviewed budget priorities for 2022/23, discussed rate setting, and elected a new Board Chair. Mayor Parvin reported on May 11 she met with Mayor Pro Tern Castro and the Administration, Finance, and Public Safety Standing Committee on the City Council Policies Resolution. Mayor Parvin reported on May 12 she met with Clean Power Alliance Chief Executive Officer Ted Bernanke. Mayor Parvin reported on May 12 she participated in the Ventura Council of Governments meeting where they heard from various water purveyors throughout Ventura County talking about this is the worst drought recorded since the late 1800s. Mayor Parvin reported on May 13 she participated in a Moorpark Chamber of Commerce breakfast. Mayor Parvin reported on May 16 she met with Goldens, neighbors, and concerned residents regarding the small cell wireless facility located near their home. Mayor Parvin reported on May 18 she participated in a meeting of the Local Agency Formation Commission (LAFCo) where they approved various municipal service reviews and spheres of influence on numerous water districts including Waterworks District No. 1. Mayor Parvin reported on May 18 she met with members of the Ventura County Behavioral Health Advisory Board. 8. PUBLIC HEARINGS: None. 9. PRESENTATION/ACTION/DISCUSSION: A. Consider Resolution No. 2022-4092 Amending Development Standards for Small Wireless Facilities; Direct Staff to Pursue Legislative Efforts to Revisit the Federal Communications Commission's Radiofrequency Emissions Standards that were Adopted as Part of the Telecommunications Act of 1996; and Receive and File a Report on Small Wireless Facility Regulatory and Legal Considerations. Staff Recommendation: 1) Adopt Resolution No. 2022-4092 amending Minutes of the City Council/Successor Agency Moorpark, California Page 5 May 18 2022 development standards for small wireless facilities and rescinding Resolution No. 2019-3800; and 2) Direct staff to encourage federal lawmakers to revisit the FCC's RF emissions standards that were adopted as part of the Telecommunications Act of 1996; and 3) Receive and file a report on small wireless facility regulatory and legal considerations. (ROLL CALL VOTE REQUIRED) Mr. Brown gave the staff report. Discussion and questions followed among Councilmembers, staff, and the City Attorney which focused on the following: 1) the proposed letter to the Federal Communications Commission (FCC) in Attachment 2 references tissue heating and should also include long term effects of low levels of modulated or pulse radio frequency in the second part of its rulemaking process; 2) clarification that "technically infeasible," does not include consideration of financial feasibility; the independent consultant would not be vetting the question of technical feasibility, they would only be verifying emissions are within FCC standards; 3) question regarding the letter from AT&T which City Attorney Ennis stated the comments from AT&T are not on changes currently being proposed, they are on standards that the City adopted three years ago; 4) the proposed locational preferences should be "away from people" in general to which staff noted locational preferences must be regulated based on land use, i.e., residential zone, commercial zone, etc.; 5) clarification regarding the meaning of decorative poles and the proposed restriction, and further qualification that all streetlight poles can't be designated as decorative to preclude placement of facilities; 6) the cost for an RF consultant to review new applications is estimated at $1,800 per site, plus a fuel surcharge; 7) confirmation that AT&T did not provide an answer regarding the cost to move the facility and has no intention to relocate the facility; and 8) with regard to the General Plan Vision Statement, if the City imposes these standards, does it create an unfriendly business environment. Hugh Finlay, Moorpark resident, spoke to review issues of concern including proximity of the facility to the home, the application approval process, and the need for further review and improvement of the standards in the ordinance. He remarked positively that RF measurements are planned to be taken and requested time for public review and comment on applications prior to application approval. Nicole Golden, Moorpark resident, spoke to express frustration, noting leadership did not take accountability for resident's safety, and commented that the lack of looking at the site selected for this facility caused the present problems. She stated they have tried to address this concern at a federal level and re-emphasized safety concerns and lack of local government accountability. Minutes of the City Council/Successor Agency Moorpark, California Page 6 May 18 2022 Robert Golden, Moorpark resident, spoke to express frustration and the opinion that the issue was not handled appropriately, the ordinance is not strong enough, and the current facility location is unsafe. Lisa Padilla, Moorpark resident, spoke (via Zoom) to express frustration that the same information is provided over and over, the RF measurements are not taken from the proper location, fire safety is a concern, research has been provided in support of the issues, and expressed the opinion that the Council is not concerned with safety. Lisa Cirricione, Moorpark resident, (via Zoom) stated she was happy with the measures being taken and commented on the semantics being addressed in the new resolution, stated that the City needs to make the process difficult, and commented on ionizing and nonionizing radiation effects. Tim Padilla, Moorpark resident, spoke (via Zoom) to make three requests: a documented understanding on the steps required to make the cell site at the Golden's active; place energy on not allowing this issue to occur again; and questioned why the Southern California Edison encroachment permit was issued. He expressed frustration on City approvals being granted without delaying them to address the overall situation. Joanna Carnes, Moorpark resident, spoke (via Zoom) stating she was happy that progress has been made but the site is too close to the Golden's home and expressed concerns about safety and potential property value reduction, and requested the discussion on moving this site away from their home continue. Following speakers, questions and discussion from Councilmembers and staff focused on the following: 1) the timing between the City's ordinance adoption on small cell wireless facilities and AT&T's application for the subject location was clarified, noting the City's small cell wireless facility application was created in 2020 although the AT&T plans may have been prepared in 2019. Timing of events was further clarified by Mr. Brown who noted that the FCC completed its small cell wireless facility regulation rulemaking process in December 2018 and within 90 days thereafter cities were required to adopt local regulations which Moorpark did via an urgency ordinance in April 2019. Adoption of such regulations were required, or immediate ministerial permit approvals would have occurred; 2) clarification on whether the current ordinance would have prevented the placement of the subject facility and how the proposed rules may prevent a similar scenario in the future; 3) clarification that, with the rules for location preferences currently being proposed for Council adoption, the same scenario of placement of a wireless facility near a residential structure could still occur if the utility can show the location meets the criteria to be a preferred location; 4) comment that the City is not intimated Minutes of the City Council/Successor Agency Moorpark, California Page 7 May 18 2022 by AT&T or the FCC and its rulemaking process, noting that the City has been in discussions with AT&T to find a resolution to the matter, reiterating AT&T's unwillingness to relocate the facility and noting AT&T will not accept payment to do so; 5) the City is looking to find a strategic means to address the siting of facilities through adopting regulations that provide local control to the degree possible; 6) justification for a preferred location includes measures (resolution page 11) that the applicant must demonstrate in order to obtain permit approval and the burden of proof is placed on the telecommunications corporation; 7) confirmation that the City is unable to deny encroachment permit issuance to Southern California Edison if all permit requirements are fulfilled; 8) confirmation that delaying an application would be in violation of the federal "shot clock" for permit requests which requires processing of a new application within 90 days and the applicant having the ability to file a lawsuit to compel the City to approve an application; 9) clarification from Mr. Ennis that a provision exists for permit revocation if the activity does not comply with permit standards and applicable law (i.e., RF emissions above the approved standards); and 10) direction to include in the small cell wireless permit application process a policy requirement for City staff to conduct field site visits in residential zones, noting that this requirement will not necessarily preclude a facility from being installed in a specific location. CONSENSUS: It was the consensus of the City Council to consider having a third -party consultant perform RF measurement readings of the Golden's location following it being energized. MOTION: Councilmember Pollock moved and Councilmember Castro seconded a motion to 1) adopt Resolution No. 2022-4092, amending development standards for small wireless facilities and rescinding Resolution No. 2019-3800, as further amended to add a policy of additional procedures to Section 4 to impose the establishment of field site visits; 2) direct staff to encourage federal lawmakers to revisit the FCC's RF emissions standards that were adopted as part of the Telecommunications Act of 1996, with amendments to the letter as directed by Council to include reference to long term effects of low levels of modulated or pulse radio frequency; and 3) receive and file a report on small wireless facility regulatory and legal considerations. The motion carried by unanimous roll call vote. B. Consider Appointment of a Member of the City Council to the Calleguas Municipal Water District Drought Response Task Force. Staff Recommendation: Appoint one member of the City Council to participate on the Calleguas Municipal Water District Drought Response Task Force. Mr. Brown gave the staff report. Michael Lasher, employee with the California Pool and Spa Association in Simi Valley, an affiliate of the Pool and Hot Tub Alliance, a national Minutes of the City Council/Successor Agency Moorpark, California aqe 8 Mav 18. 2022 organization for the swimming pool industry, spoke about water use and the resource www.splashfacts.org that provides education on pool water use. He noted they publish a standard ANSI 13 on water conservation standards for swimming pools and if the City is going to consider restrictions on swimming pools he would appreciate the opportunity to discuss proposed restrictions. Mike Smith, pool contractor in Moorpark, Simi Valley, and Thousand Oaks, spoke to express the opinion that the Calleguas water use information is flawed and is killing swimming pools due to water restrictions. MOTION: Councilmember Pollock moved and Councilmember Groff seconded a motion to appoint Councilmember Pollock to the Calleguas Municipal Water District Drought Response Task Force. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Mayor Parvin moved and Councilmember Enegren 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 — May 18 2022. Staff Recommendation: Approve the warrant register. B. Consider Minutes of Special City Council Meeting of February 23 2022. Staff Recommendation: Approve the minutes. C. Consider Minutes of Regular City Council/Successor Agency Meeting of March 2, 2022. Staff Recommendation: Approve the minutes. D. Consider Resolution Authorizing the Destruction of Specified City Records on File in the City Manager's Department. Staff Recommendation: Adopt Resolution No. 2022-4093 authorizing the destruction of specified records in the City Manager's Department. (ROLL CALL VOTE REQUIRED) E. Consider Resolution of Intent_ to Vacate a Portion of Riaht-of-Wav Adjacent to 5751 Condor Drive. Staff Recommendation: Adopt Resolution No. 2022-4094 of Intent setting the date of a public hearing to consider the vacation of that portion of Condor Drive described in this report. (ROLL CALL VOTE REQUIRED) Minutes of the City Council/Successor Agency Moorpark, California Page 9 May 18 2022 F. Consider Resolution Amending the Fiscal Year (FY) 2021/22 Budget for Architectural Services Related to California Highway Patrol Tenant Improvements at Moorpark Police Services Center. Staff Recommendation: Adopt Resolution No. 2022-4095, amending the FY 2021/22 Budget for Architectural Services for California Highway Patrol Tenant Improvement Project at Moorpark Police Services Center. (ROLL CALL VOTE REQUIRED) G. Consider Waiving Formal Bidding Requirement for Outdoor Theater System. Staff Recommendation: Waive formal bidding procedure for purchase of an outdoor theater system for Fiscal Year 2021/22. (4/5 ROLL CALL VOTE REQUIRED) H. Consider the Exoneration of Cash Deposit for the Grading and Site Improvements at 14350 White Sage Road (Fairfield Inn) — Moorpark Hospitality, Inc. Staff Recommendation: 1) Adopt Resolution No. 2022- 4096, exonerating Cash Deposit — Grading & Improvements; and 2) Authorize the City Clerk to exonerate Cash Deposit as shown in the Agenda Report and Draft Resolution. (ROLL CALL VOTE REQUIRED) Consider Resolution Adopting a Comprehensive Update to City Council Policies and Rescinding Resolution No. 2022-4076. Staff Recommendation: Adopt Resolution No. 2022-4097 approving a comprehensive update to the City Council's Policies and rescinding Resolution No. 2022-4076. (ROLL CALL VOTE REQUIRED) 11. ORDINANCES: (ROLL CALL VOTE REQUIRED) None. 12. CLOSED SESSION: City Manager Brown requested the Council recess to closed session for consideration of Item 12.A. on the agenda. The time was 8:36 p.m. A. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6 City Designated Representatives: Assistant City Manager and City Attorney Unrepresented Employee: City Manager Present in closed session were Councilmembers Castro, Enegren, Groff, Pollock, and Mayor Parvin; Kevin Ennis, City Attorney; and PJ Gagajena, Assistant City Manager. The Council reconvened into open session at 8:51 p.m. Mr. Brown stated Item 12.A. was discussed and there was no action to report. Minutes of the City Council/Successor Agency Moorpark, California Paae 10 13. ADJOURNMENT: Mayor Parvin adjourned the meeting at 8:51 p.m. ',Jaryice S. Parvin, Mayor ATTEST: l Ky Spa g er, tity b4brk 18. 2022