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HomeMy WebLinkAboutAGENDA REPORT 2022 0921 CCSA REG ITEM 10DCITY OF MOORPARK, CALIFORNIA City Council Meeting of September 21, 2022 ACTION APPROVED STAFF RECOMMENDATION. BY A. Hurtado. D. Consider Minutes of City Council/Successor Agency Regular Meeting of July 6, 2022. Staff Recommendation: Approve the minutes. (Staff: Ky Spangler, City Clerk) Item: 10.D. MINUTES OF THE CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Moorpark, California July 6, 2022 A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency was held on Wednesday, July 6, 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: Shaun Kroes, former Moorpark City employee, 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; Vivien Avella, Finance Director/City Treasurer; Daniel Kim, City Engineer/Public Works Director; Jeremy Laurentowski, Parks and Recreation Director; Carlene Saxton, Community Development Director; Doug Spondello, Deputy Community Development Director; Brian Chong, Assistant to the City Manager; Mack Douglass, Program Manager; Chris Thompson, Senior Information Systems Administrator; Captain Victor Fazio, Ventura County Sheriff’s Office; and Ky Spangler, City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: None. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA None. Item: 10.D. 411 Minutes of the City Council/Successor Agency Moorpark, California Page 2 July 6, 2022 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND MAYOR: Councilmember Pollock reported on June 22 he attended the Calleguas Drought Task Force meeting and noted a concern expressed regarding inequities in conservation requirements in different areas with the Los Angeles and Ventura County regions based on water purveyors and their water sources, and commented water from the Colorado River could also be cut off. Councilmember Pollock reported on June 29 he attended a League of California Cities Governance, Transparency, and Labor Relations Policy Committee meeting. Councilmember Pollock reported on June 30 he attended a League of California Cities legislative briefing meeting where proposed legislation on a single-use plastic tax was discussed. Councilmember Pollock reported on July 3 he attended the 3rd of July Fireworks Extravaganza. Councilmember Enegren reported on June 29 he attended the Moorpark Chamber of Commerce Board of Directors meeting and commented planning for the 2022 Country Days event has begun. Councilmember Enegren reported on July 3 he attended the 3rd of July Fireworks Extravaganza. Councilmember Groff reported on July 3 he attended the 3rd of July Fireworks Extravaganza. Councilmember Castro reported on July 3 he attended the 3rd of July Fireworks Extravaganza. Mayor Parvin announced the City’s Free Mulch Giveaway on Saturday, July 9 from 9:00 a.m. to 12:00 p.m. taking place behind the Library on Moorpark Avenue. Please bring a shovel, container, and tarp to cover an open truck bed. You will be required to bag your own mulch. For more information, call the City at (805) 517-6364. Mayor Parvin announced the City’s second summer Concert in the Park on Saturday, July 16 with Moorpark Symphony Orchestra performing. The concert begins at 5:00 p.m. at Arroyo Vista Community Park. Admission is free. For additional details visit www.moorparkca.gov/concerts.com. Mayor Parvin reported on June 17 she participated in the Moorpark Chamber of Commerce’s breakfast meeting hosted by Oakmont Senior Living. 412 Minutes of the City Council/Successor Agency Moorpark, California Page 3 July 6, 2022 Mayor Parvin reported on June 21 she participated in a Boys & Girls Club Board of Directors development meeting and a Moorpark Chamber of Commerce ribbon cutting. Mayor Parvin reported on June 23 she participated in a Ventura Council of Governments (VCOG) meeting. Mayor Parvin reported on June 27 she met with representatives from the Fence Factory. Mayor Parvin reported on June 28 she participated in a Boys & Girls Club Board of Director’s meeting. Mayor Parvin reported on July 3 she attended the 3rd of July Fireworks Extravaganza. Mayor Parvin reported on July 6 she attended a Moorpark Chamber of Commerce Government Relations meeting. 8. PUBLIC HEARINGS: A Consider an Ordinance Approving Zoning Ordinance Amendment No. 2021-03 Amending Chapters 17.08 (Definitions), 17.20 (Uses by Zone), and 17.28 (Standards for Specific Uses) of Title 17 (Zoning) of the Moorpark Municipal Code to Define “Chain Store” Uses and to Establish Regulations Related to the Operation of Chain Stores on High Street and Making a Determination of Exemption Pursuant to California Environmental Quality Act (CEQA) in Connection Therewith. Staff Recommendation: 1) Open the public hearing, receive public testimony, and close the public hearing; and 2) Introduce Ordinance No. 503 approving Zoning Ordinance Amendment No. 2021-03 for first reading, waive full reading, and place the Ordinance on the agenda for the July 20, 2022, regular meeting for purposes of providing second reading and adoption of the Ordinance. (ROLL CALL VOTE REQUIRED) AT THIS POINT in the meeting, Councilmember Groff announced he would recuse himself from consideration of this item as the ordinance may affect the value of assets and properties he owns on High Street in the downtown area and left the dais. The time was 6:39 p.m. AT THIS POINT in the meeting, Councilmember Castro announced he would recuse himself from consideration of this item as the ordinance may affect the value of assets and property he owns on Charles Street and left the dais. The time was 6:39 p.m. Ms. Saxton introduced Mr. Adam Pisarkiewicz, Contract Planner, who gave the staff report and provided a PowerPoint Presentation. 413 Minutes of the City Council/Successor Agency Moorpark, California Page 4 July 6, 2022 Mayor Parvin opened the public hearing at 6:50 p.m. Daniel Duran, Moorpark resident, spoke to encourage regulations to preserve of the scope and nature of downtown Moorpark for the long term to maintain a small-town atmosphere. Mayor Parvin closed the public hearing at 6:52 p.m. A discussion followed among Councilmembers and staff focusing on: 1) staff time and applicant cost to process an application is estimated at one to two months to reach a hearing date, requiring approximately 40 hours of staff time and $3,000 to $5,000 in application costs; 2) the desire to maintain the historic character of High Street while allowing businesses the opportunity to go through a Conditional Use Permit process; and 3) discussion regarding chain retail “sales” activity versus retail “service” activity. CONSENSUS: It was the consensus of the City Council to include both retail sales activity and retail service activity in the definition of a “Chain Store.” Mr. Ennis read the title of Ordinance No. 503. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT NO. 2021-03 AMENDING CHAPTERS 17.08 (DEFINITIONS), 17.20 (USES BY ZONE), AND 17.28 (STANDARDS FOR SPECIFIC USES) OF TITLE 17 (ZONING) OF THE MOORPARK MUNICIPAL CODE TO DEFINE “CHAIN STORE” USES, TO ESTABLISH REGULATIONS RELATED TO THE OPERATION OF CHAIN STORES ON HIGH STREET, AND TO MAKE A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IN CONNECTION THEREWITH MOTION: Councilmember Enegren moved and Mayor Parvin seconded a motion to introduce Ordinance No. 503 approving Zoning Ordinance Amendment No. 2021-03 for first reading as amended to include retail service activity in the definition of Chain Stores, waive full reading, and place the ordinance on the agenda for the July 20, 2022, regular meeting for purposes of providing second reading and adoption of the ordinance. The motion carried by a vote of 3-0 with Councilmembers Castro and Groff recused. AT THIS POINT in the meeting, Councilmember Groff returned to the dais. The time was 7:07 p.m. 414 Minutes of the City Council/Successor Agency Moorpark, California Page 5 July 6, 2022 AT THIS POINT in the meeting, Councilmember Castro returned to the dais. The time was 7:07 p.m. 9. PRESENTATION/ACTION/DISCUSSION: A. Consider Presentations from Applicants and Make Appointments to Fill Two Vacancies on the Library Board for a Three-Year Term Ending June 30, 2025. Staff Recommendation: Hear presentations from applicants and appoint two representatives to fill the two vacancies on the Library Board for a three-year term ending June 30, 2025. Ms. Spangler gave the staff report. The City Council heard presentations from Library Board applicants in the following order: Jere Kinnan, Laura Burnett, Kristina Wright, Michelle Barrett, and Bernadette McDowell. Following presentations from the applicants, Mayor Parvin solicited nominations from Councilmembers. Councilmembers Enegren and Pollock put forth Michelle Barrett. There were no speakers. MOTION: Mayor Parvin moved and Councilmember Enegren seconded a motion to appointment Laura Burnett to the Library Board for a three-year term ending June 30, 2025. The motion carried by unanimous voice vote. MOTION: Mayor Parvin moved and Councilmember Pollock seconded a motion to appoint Michelle Barrett to the Library Board for a three-year term ending June 30, 2025. The motion carried by unanimous voice vote. B. Consider Presentation by Andrew Thomas, Government Relations Manager for Southern California Edison, with an Update on Wildfire Mitigation. Staff Recommendation: Receive presentation. Mr. Douglass introduced Mr. Andrew Thomas with Southern California Edison (SCE) who gave the presentation. Mr. Tim Devens, District Operations Manager, was also present and provided answers to questions. A discussion and questions followed among Councilmembers and staff focusing on: 1) where are the covered conductors now installed; northwest Moorpark is underway, the Gabbert Project north of substation is complete, and SCE can provide capital project improvements scoped through 2022; 2) the criteria that go into determining the priority of covered conductor installation can be provided to the City; 3) timing of complete covered conductor installation in Moorpark is undetermined; 4) Line 415 Minutes of the City Council/Successor Agency Moorpark, California Page 6 July 6, 2022 separation structures on Sunset Valley Road near Underwood Family Farms are a temporary repair until covered conductors may be installed which SCE refers to as a Long Span Initiative; 5) inquiry regarding Big Creek and drought impacts; 6) a list of projects done in the area since the last Public Safety Power Shutoff (PSPS) season was requested; clarified that installation of covered conductors will not completely stop PSPS events because there are numerous factors that go into the choice to activate an event; 7) switching and routing capabilities to isolate higher risk areas; requested that SCE be considerate of PSPS events that extend beyond 24 hours because of disproportionate impacts to vulnerable residents; and 8) what efforts are being made to improve communication of PSPS notifications and the reactivation process to customers; and to contact the Police Department if there are locked gates SCE needs to have opened to ensure timely reactivation. There were no speakers. CONSENSUS: It was the consensus of the City Council to receive the presentation. C. Consider an Ordinance Repealing and Replacing in its Entirety Title 6, Animal Regulations, of the Moorpark Municipal Code, and Making a Determination of Exemption under the California Environmental Quality Act. Staff Recommendation: Introduce Ordinance No. 504 for first reading, waive full reading, and place this Ordinance on the agenda for the July 20, 2022, meeting for purposes of providing second reading and adoption of the Ordinance. (ROLL CALL VOTE REQUIRED) Mr. Kim gave the staff report. A Supplemental Staff Report was distributed prior to the meeting with correspondence from a member of the public in opposition to the ordinance. Dr. Taylor Smith, Moorpark Veterinary Hospital, spoke in opposition to the proposed rabies vaccination reporting requirement noting creation of additional administrative burden for veterinary offices and negative impact on clients and lower income communities. Dr. Jason Sweitzer, Moorpark Veterinary Hospital, spoke in opposition to the proposed rabies vaccination reporting requirement noting potential negative consequences and the potential to decrease vaccination compliance or clients going elsewhere for services where reporting is not required. Dr. Mandy Mason, commented in support of the prior speakers and is opposed to the proposed reporting requirements. 416 Minutes of the City Council/Successor Agency Moorpark, California Page 7 July 6, 2022 Courtney Camarillo and Dr. Gonda, Arroyo Vista Veterinary Hospital, spoke in opposition to the reporting requirement and noted clients will seek care elsewhere, and expressed concern regarding administrative burdens. Dr. Barrett commented regarding unlicensed and unvaccinated populations. She also offered suggestions on the possibility of assisting with increasing the total vaccination numbers and licensing. A discussion followed among Councilmembers and staff focusing on 1) administrative burden required to complete reporting; 2) clarification that vaccination must be administered by a licensed veterinarian; 3) clarification that state law requires rabies vaccines be administered, and the information be reported and the County is looking to centralize reporting; 4) could another form be created to collect the information; 5) confirmation that low-cost vaccine clinics are also required to comply to the reporting requirement; and 6) consideration of an educational outreach on the importance of licensing and vaccination of pets and offering low- cost clinics to benefit overall public health. CONSENSUS: It was the consensus of the City Council to remove the reporting requirement in Paragraph B of Section 6.20.010, and have additional conversations with the County and veterinary offices to come to a form that works for reporting the information. Mr. Ennis read the title of Ordinance No. 504. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, REPEALING AND REPLACING IN ITS ENTIRETY TITLE 6, REGARDING ANIMAL SERVICES AND CONTROL, OF THE MOORPARK MUNICIPAL CODE, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA MOTION: Councilmember Pollock moved and Councilmember Groff seconded a motion to introduce Ordinance No. 504 for first reading as amended, to remove Paragraph B of Section 6.20.010 (remove vaccination reporting requirement by veterinary offices), waive full reading, and place this ordinance on the agenda for the July 20, 2022, meeting for purposes of providing second reading and adoption of the ordinance. The motion carried by unanimous roll call vote. 417 Minutes of the City Council/Successor Agency Moorpark, California Page 8 July 6, 2022 D. Consider Resolution Amending the Classification Plan Removing the Position of Laborer/Custodian IV and Rescinding Resolution No. 2022- 4081; and Consider Resolution Amending the Salary Plan for Non- Competitive Service and Competitive Service Employees Removing the Position of Laborer/Custodian IV, Adding a 2% Cost-of-Living Adjustment, and Rescinding Resolution No. 2021-4023. Staff Recommendation: Prior to a motion to adopt the revised Salary Plan Resolution, the Mayor shall make an oral summary report for compliance with Section 54953(c)(3) of the Government Code as follows: “Staff is recommending the City Council approve a revised Salary Plan Resolution that includes increasing the salary ranges for all Non-Competitive Service employees by adding a cost-of-living adjustment of two percent (2%) effective the first full pay period of July 2022. The estimated total annual cost of the proposed two percent (2%) cost-of-living increase for this fiscal year is $75,948 for all Non-Competitive Service employees and $6,751 for the City Manager. All Non-Competitive Service employee positions are consistent with the local agency executive definition in Section 3511.1(d) of the Government Code.” 1) Adopt Resolution No. 2022-4114 amending the Classification Plan and rescinding Resolution No. 2022-4081; and 2) Adopt Resolution No. 2022-4115, amending the Salary Plan for Non-Competitive Service and Competitive Service Employees and rescinding Resolution No. 2021- 4023. (ROLL CALL VOTE REQUIRED) Mr. Gagajena gave the staff report. There were no speakers. Prior to a motion, Mayor Parvin made the following announcement: “In accordance with Section 54953(c)(3) of the Government Code, I am required to report as Mayor that staff is recommending the City Council approve a revised Salary Plan Resolution that includes increasing the salary ranges for all Non-Competitive Service employees by adding a cost-of-living adjustment of two percent (2%) effective the first full pay period of July 2022. The estimated total annual cost of the proposed two percent (2%) cost-of-living increase, inclusive of associated benefit increases resulting from the COLA for this fiscal year is $75,948 for all Non-Competitive Service employees and $6,751 for the City Manager. All Non-Competitive Service employee positions are consistent with the local agency executive definition in Section 3511.1(d) of the Government Code.” MOTION: Mayor Parvin moved and Councilmember Pollock seconded a motion to 1) Adopt Resolution No. 2022-4114 amending the Classification Plan and rescinding Resolution No. 2022-4081; and 2) Adopt Resolution No. 2022-4115, amending the Salary Plan for Non-Competitive Service and Competitive Service Employees and rescinding Resolution No. 2021-4023. The motion carried by unanimous roll call vote. 418 Minutes of the City Council/Successor Agency Moorpark, California Page 9 July 6, 2022 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Councilmember Enegren moved and Councilmember Groff 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 – July 6, 2022. Staff Recommendation: Approve the warrant register. B. Consider Warrant Register for Fiscal Year 2022/23 – July 6, 2022. Staff Recommendation: Approve the warrant register. C. Consider Minutes of City Council/Planning Commission Joint Special Meeting of March 30, 2022. Staff Recommendation: Approve the minutes. D. Consider Minutes of Regular City Council/Successor Agency Meeting of May 4, 2022. Staff Recommendation: Approve the minutes. E. Consider Minutes of Regular City Council/Successor Agency Meeting of May 18, 2022. Staff Recommendation: Approve the minutes. F. Consider Voting Delegate and Alternates for League of California Cities Annual Conference – September 7-9, 2022, in Long Beach. Staff Recommendation: 1) Designate Councilmember Pollock as the voting delegate, and City Manager Brown and Assistant City Manager Gagajena as the alternate voting delegates; and 2) Direct the City Clerk to notify the League of California Cities of the designated voting delegate and alternates. G. Consider Resolution Approving a Revised MissionSquare Retirement Governmental Money Purchase Plan Adoption Agreement and Rescinding Resolution No. 2016-3499. Staff Recommendation: 1) Adopt Resolution No. 2022-4116 approving a Revised MissionSquare Retirement Governmental Money Purchase Plan Adoption Agreement and Rescinding Resolution No. 2016-3499, and 2) Authorize the City Manager to sign the Mission Retirement Corporation Governmental Money Purchase Plan Adoption Agreement. (ROLL CALL VOTE REQUIRED) H. Consider Approval of Memorandum of Understanding with the County of Ventura to Conduct a Farmworker Housing Survey and Contribute $9,000 Towards Conducting the Survey. Staff Recommendation: Approve Memorandum of Understanding (MOU) with the County of Ventura to conduct a Farmworker Housing Survey and contribute $9,000 towards conducting the Survey, and authorize the City Manager to execute the MOU, subject to final language approval of the City Manager. (ROLL CALL VOTE REQUIRED) 419 Minutes of the City Council/Successor Agency Moorpark, California Page 10 July 6, 2022 11. ORDINANCES: (ROLL CALL VOTE REQUIRED) A. Consider Second Reading of Ordinance No. 502, Approving Zone Change No. 2019-01 and Development Agreement No. 2019-01 for the Proposed Tract, Master Planning and Development of 755 Residential Units, Approximately 29 Acres of Open Space, a 7-Acre Public Park and 7-Acre Passive Park, as well as Roadways, Stormwater and Detention Facilities, and Associated Improvements on 277 Acres of Property Generally Located North of Poindexter Avenue, West of Casey Road, and Extending Approximately 1,700 feet West of Gabbert Road on the Application of Harriet Rapista on Behalf of Comstock Homes. Staff Recommendation: Waive full reading, declare Ordinance No. 502 reading for the second time, and adopted as read. (ROLL CALL VOTE REQUIRED) A Supplemental Staff Report was distributed prior to the meeting on July 6, 2022, that included correspondence from a member of the public for the City Council. Theresa Brady, Moorpark resident, spoke in opposition to the approval of the Development Agreement expressing concerns about access, fire safety, wildlife, the change in zoning of agricultural land, water availability and the Gabbert Road railroad crossing, stated these problems have not been solved. Mr. Ennis read the title of Ordinance No. 502. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONE CHANGE 2019- 01 AND DEVELOPMENT AGREEMENT NO. 2019-01 FOR THE PROPOSED TRACT, MASTER PLANNING AND DEVELOPMENT OF 755 RESIDENTIAL UNITS, APPROXIMATELY 29 ACRES OF OPEN SPACE, A 7-ACRE PUBLIC PARK AND 7- ACRE PASSIVE PARK, AS WELL AS ROADWAYS, STORMWATER AND DETENTION FACILITIES, AND ASSOCIATED IMPROVEMENTS ON 277 ACRES OF PROPERTY GENERALLY LOCATED NORTH OF POINDEXTER AVENUE, WEST OF CASEY ROAD, AND EXTENDING APPROXIMATELY 1,700 FEET WEST OF GABBERT ROAD ON THE APPLICATION OF HARRIET RAPISTA ON BEHALF OF COMSTOCK HOMES MOTION: Mayor Parvin moved and Councilmember Groff seconded a motion to waive full reading, declare Ordinance No. 502 read for the second time, and adopted as read. The motion carried by a unanimous roll call vote. 420 Minutes of the City Council/Successor Agency Moorpark, California Page 11 July 6, 2022 12. CLOSED SESSION: None. 13. ADJOURNMENT: Mayor Parvin adjourned the meeting at 9:26 p.m. Janice S. Parvin, Mayor ATTEST: Ky Spangler, City Clerk 421