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HomeMy WebLinkAboutAGENDA REPORT 2023 0705 CCSA REG ITEM 10BCITY OF MOORPARK, CALIFORNIA City Council Meeting of July 5, 2023 ACTION APPROVED STAFF RECOMMENDATION. BY A. Hurtado. B. Consider Minutes of City Council/Successor Agency Regular Meeting of May 3, 2023. Staff Recommendation: Approve the minutes. (Staff: Ky Spangler, City Clerk) Item: 10.B. MINUTES OF THE CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Moorpark, California May 3, 2023 A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency was held on Wednesday, May 3, 2023, 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 Enegren called the meeting to order at 6:33 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Castro led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Castro, Delgado, Groff, Means, and Mayor Enegren. Staff Present: Troy Brown, City Manager; Kevin Ennis, City Attorney; PJ Gagajena, Assistant City Manager; Yolanda Cunning, Finance/Administrative Services Director; Jeremy Laurentowski, Parks and Recreation Director; Daniel Kim, City Engineer/Public Works Director; Carlene Saxton, Community Development Director; Captain Darin Hendren, Ventura County Sheriff's Office; and Ky Spangler, City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Introduction of new employee Roger Pichardo, Program Manager in the Parks, Recreation and Community Services Department. Mayor Enegren introduced new City employee, Roger Pichardo, Program Manager in the Parks, Recreation and Community Services Department. B. Proclamation Declaring April 30 to May 6, 2023, as Municipal Clerks Week. Mayor Enegren presented a Proclamation to Blanca Garza, Deputy City Clerk II, recognizing April 30 to May 6, 2023, as Municipal Clerks Week. C. Proclamation Declaring May 2023 as Mental Health Awareness Month. Mayor Enegren presented a Proclamation to Maya Zumaya, First Responders for Mental Health Initiative Representative and NAMI Ventura County Board Member, declaring May 2023 as Mental Health Awareness Month. Item: 10.B. 919 Minutes of the City Council/Successor Agency Moorpark, California Page 2 May 3, 2023 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: It was the consensus to pull Item 10.H. from the Consent Calendar for individual consideration upon the request of Mayor Enegren. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND MAYOR: Councilmember Delgado reported on April 20 she attended the State of City address held at the High Steet Arts Center. Councilmember Delgado reported on April 21 she attended the Moorpark Chamber of Commerce breakfast, followed by the City’s all-employee briefing and luncheon, followed by the Rotary Club luncheon for Sheriff and California Highway Patrol Officers of the Year. Councilmember Delgado reported on April 27 she attended the unveiling of the High Street Arts Center new season and wine tasting. Councilmember Delgado reported on April 28 she attended the Moorpark High School Band department’s first annual fundraising dinner. Councilmember Groff reported on April 20 he attended the State of City address held at the High Street Arts Center. Councilmember Groff reported on April 21 he attended the Chamber of Commerce breakfast followed by the all-employee briefing and luncheon. Councilmember Groff reported on April 26 he attended Moorpark College Sponsor and Donor thank you dinner. Councilmember Groff reported on April 28 he helped the Rotary Club of Moorpark morning plant a tree at College View Park for Arbor Day. Councilmember Groff reported on April 28 he attended the first annual Moorpark High School band fundraiser event at M on High. Councilmember Castro reported on April 30 he attended the Autism Awareness Run with his family at California State University Channel Islands. Councilmember Means reported on April 20 he attended the State of City address. Councilmember Means reported on April 21 he attended the City all-employee briefing and luncheon. 920 Minutes of the City Council/Successor Agency Moorpark, California Page 3 May 3, 2023 Councilmember Means reported on April 28 he attended the Moorpark High School bandstand fundraiser. Councilmember Means reported on May 2 he attended the Moorpark Chamber of Commerce mixer. Councilmember Means reported on May 3 he attended the Moorpark ProVisors meeting held at the Tierra Rejada Golf Club. Mayor Enegren reported on April 20 he attended the State of the City address held at the High Street Arts Center. Mayor Enegren reported on April 21 he attended the Moorpark Chamber of Commerce breakfast, a City all-employee briefing and luncheon, followed by the Rotary Club Police and California Highway Patrol officers of the year luncheon. Mayor Enegren reported on April 27 he visited High Street for the start of the demolition of high street granary façade building. Mayor Enegren reported on April 27 he attended the High Street Arts Center season preview. Mayor Enegren announced the “Moorpark Earth Festival” taking place on Saturday, May 6 from 9:00 a.m. to 1:00 p.m. at Arroyo Vista Community Park. We will celebrate our beautiful Earth with an Arbor Day celebration full of Community Yard Sale booths, crafts, eco-friendly vendors, garden giveaways, and more. Event information available on the City’s website. Mayor Enegren announced the “Apricot Slam Pickleball Tournament” at Arroyo Vista Community Park on May 6 and 7. Tournament details available on the City’s website. Mayor Enegren announced the City’s Housing Division is currently accepting applications for a unit in the First Time Home Buyer Program that is for sale. The unit is a three bedroom, two- and one-half bathroom condo, located in the Canterbury Lane neighborhood. Anyone interested in applying for the purchase of the home should visit the City’s Housing Program webpage for more information and to take our online virtual workshop. The workshop is available in both English and Spanish. The application deadline for the home closes next week on May 10 at 4:00 p.m. Mayor Enegren announced the Moorpark Unified School District is extending an invitation to the community to join their free Mental Health & Wellness Resource Fair at Moorpark High School on May 12 from 5:00 p.m. to 7:00 p.m. to learn about the different support and resources that can help you and your family. The community event will take place at Moorpark High School’s Auxiliary Gym located at 4500 Tierra Rejada Road and all Moorpark community members are welcome. 921 Minutes of the City Council/Successor Agency Moorpark, California Page 4 May 3, 2023 Mayor Enegren announced the City Council is currently accepting applications for appointment to the Library Board, Teen Council, Citizens Transportation Advisory Committee (CTAC), and the Ventura County Area Agency on Aging Advisory Council. If you want to learn more about these appointments, please visit the City’s website for information and the on-line applications. 8. PUBLIC HEARINGS: A. Consider Resolution Certifying a Final Program Environmental Impact Report Pursuant to the California Environmental Quality Act, including a Mitigation Monitoring and Reporting Program, California Environmental Quality Act Findings of Fact, and Statement of Overriding Considerations and Approving General Plan Amendment No. 2023-02 Adopting General Plan 2050. Planning Commission Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt a resolution: a) certifying the Final Program Environmental Impact Report for the General Plan 2050, including the Mitigation Monitoring and Reporting Program, California Environmental Quality Act (CEQA) Finds of Fact, and adopt a Statement of Overriding Considerations pursuant to CEQA; and b) approving General Plan Amendment No. 2023-02 adopting General Plan 2050. (ROLL CALL VOTE REQUIRED) Mr. Brown provided opening comments. Ms. Saxton outlined the process for consideration of the item noting deliberations on Land Use Plan would be segmented due to possible recusals by City Councilmembers as their property interests may be affected. She noted the segmentation of the deliberations is based on Fair Political Practices Commission requirements related to potential conflicts of interest for individual members. Mr. Spondello gave the staff report and provided a PowerPoint presentation. Ms. Saxton reviewed the recusal segments for the three affected Councilmembers Delgado and Groff, and Mayor Enegren as they relate to discussion of the Land Use Element section of the General Plan and proposed changes to land uses which may affect an individual's property interest. Mayor Enegren opened the public hearing at 7:49 p.m. Scott Zimmerman, member of the Southwest Mountain States Regional Council of Carpenters, commented he would be affected by the environmental impacts of the project and encouraged incorporation of public labor agreement requirements for the construction of mixed-use developments. John Newton, Moorpark resident, commented the land uses proposed are positive, provided sphere of influence suggestions noting a policy statement has been included in the Plan, commented on the circulation plan , and 922 Minutes of the City Council/Successor Agency Moorpark, California Page 5 May 3, 2023 expressed satisfaction with the addition of a policy statement regarding the State Route 23 North by-pass. Andrew Thomas, Southern California Edison (SCE), spoke in support of Planning Commission recommendation for land use redesignation of property located at 5101 Gabbert Road and owned by SCE, from agriculture to utility, and noted that SCE intends to submit an application to change the use from temporary to permanent utility use. Roseann Mikos, Moorpark resident, expressed support of the General Plan, commented on the SOAR initiative language that has been added, stated there was not enough time to review the revised plan published on April 30, and urged the Council to continue the public hearing to provide additional time for review. She further commented on proposed changes to Gabbert Road properties, the control of right of way for the State Route 23/Highway 118 by-pass, the need to confirm that SOAR is fully addressed in the Plan and commented positively on the information included on the Arroyo Simi. Mayor Enegren closed the public hearing at 8:05 p.m. Mayor Enegren led the discussion on each of the recusal segments. There were no questions or comments on land use designation changes proposed for Recusal Segments A (Delgado), B (Groff), and C (Enegren). No recusals were required. Questions and discussion followed among Councilmembers and staff which focused on 1) land use designations for the Gabbert Canyon properties; and 2) the Circulation Element with respect to the historically proposed State Route (SR) 23/Highway 118 by-pass extending north of the City limits. Discussion on the Gabbert Canyon properties included the community outreach to the affected property owners, the current and proposed land use designations and densities, the requirements that would apply to potential future subdivision requests including Fire Department approval for provision of secondary access and easements, and subdivision approval by the Planning Commission and City Council. Future road maintenance provisions would require negotiation as part of a development proposal. Corina Cagley, Fire Prevention Officer with Ventura County Fire Department spoke in response to questions regarding subdivision requirements noting subdivision of parcels in a high fire danger zone is not permitted without full width, paved secondary access within 800 feet. It was noted that subdivision and use change requests occur but do not move forward because of secondary access requirements, and policies have been incorporated into the Safety Element addressing fire access as recommended by CalFire. Brief discussion occurred regarding the impacts of considering a reduction in the proposed densities for parcels in the 923 Minutes of the City Council/Successor Agency Moorpark, California Page 6 May 3, 2023 Gabbert Canyon area, including potential implications on the City’s approved Housing Element to ensure no net loss of units. It was noted that Municipal Code legal non-conforming use provisions would apply to Gabbert Canyon properties in the event of an application to rebuild a destroyed home. Confirmation was provided that while Gabbert Canyon owners had varied opinions on the proposed de nsities, the General Plan Advisory Committee and community at large was supportive of the land use designations. It was concluded that the proposed land use designation and zoning for the Gabbert Canyon properties provides flexibility for development in the future upon the resolution of existing development constraints. Discussion regarding the Circulation Element included specific focus on the historically proposed State Route 23/Highway 118 by-pass within and north of the City limits. It was noted that the extension of SR 23 north from the City limits to Broadway Road has never been part of the County’s General Plan, and further that the area is within a wildlife corridor. In lieu of this connection being formally proposed in the City’s Circulation Element due to the lack of connection through the County, the General Plan includes a policy to conduct community outreach to determine if the roadway connection is desired or what alternative use would be appropriate; should the community desire the connection, discussions with the County and California Environmental Quality Act (CEQA) analysis would occur. Clarification regarding future state and federal funding implications associated with the removal of the connection was provided. Impacts to the General Plan’s CEQA analysis including but not limited to time and costs, as well as upcoming deliberation of Development Impact Fees that did not include construction of this connection, were provided. City Attorney Ennis provided confirmation that the connection line could be added in the future should the Council wish to do so, because the connection was included in the Circulation Element as of January 1, 1998, and therefore is not subject to the SOAR initiative. CONSENSUS: Following discussion, consensus reached on maintaining the proposed Neighborhood Very Low (NVL) one unit per acre land use designation for the Gabbert Canyon community. CONSENSUS: Following discussion there was a consensus on the redesignation of the Southern California Edison property on Gabbert Road from Agricultural (AG) to Utility (U). MOTION: Mayor Enegren moved and Councilmember Groff seconded a motion to adopt a resolution: a) certifying the Final Program Environmental Impact Report for the General Plan 2050, including the Mitigation Monitoring and Reporting Program, California Environmental Quality Act (CEQA) Finds of Fact, and adopt a Statement of Overriding Considerations pursuant to CEQA; and b) approving General Plan Amendment No. 2023-02 adopting General Plan 2050. The motion carried by unanimous roll call vote. 924 Minutes of the City Council/Successor Agency Moorpark, California Page 7 May 3, 2023 9. PRESENTATION/ACTION/DISCUSSION: None. 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Councilmember Groff moved, and Councilmember Delgado seconded a motion to approve the Consent Calendar with the exception of Item 10.H. which was pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Warrant Register for Fiscal Year 2022/23 – May 3, 2023. Staff Recommendation: Approve the warrant register. B. Consider Minutes of City Council/Successor Agency Regular Meeting of March 1, 2023. Staff Recommendation: Approve the minutes. C. Consider Minutes of City Council/Successor Agency Regular Meeting of April 5, 2023. Staff Recommendation: Approve the minutes. D. Consider Update of Annual Investment Policy and Resolution Establishing the City of Moorpark’s Investment Policy for Fiscal Year (FY) 2023/24 and Rescinding Resolution No. 2021-4038. Staff Recommendation: Adopt Resolution No. 2023-4174, adopting the Annual Investment Policy for FY 2023/24 and rescinding Resolution No. 2021-4038. (ROLL CALL VOTE REQUIRED) E. Consider Resolution Approving the Preliminary Assessment Engineer’s Report for the Landscaping and Lighting Maintenance Assessment Districts for the Fiscal Year 2023/24 and Providing Notice of Public Hearing on June 7, 2023. Staff Recommendation: 1) Set Public Hearing date for June 7, 2023, and 2) Adopt Resolution No. 2023-4175. (ROLL CALL VOTE REQUIRED) F. Consider Resolution Approving the Preliminary Assessment Engineer’s Report for the Parks and Recreation Maintenance and Improvement Assessment District for the Fiscal Year 2023/24 and Providing Notice of Public Hearing on June 7, 2023. Staff Recommendation: 1) Set Public Hearing date for June 7, 2023, and 2) Adopt Resolution No. 2023-4176. (ROLL CALL VOTE REQUIRED) G. Consider Approval of Purchase and Sale Agreement with Dr. Yossi Bar Zion for 347 Moorpark Avenue. Staff Recommendation: Approve Purchase and Sale Agreement with Dr. Yossi Bar Zion, subject to final language approval of the City Manager, and authorize City Manager to execute the agreement. 925 Minutes of the City Council/Successor Agency Moorpark, California Page 8 May 3, 2023 The following item was pulled for individual consideration: AT THIS POINT in the meeting, Councilmember Groff announced his recusal from participation in Consent Calendar Item 10.H. because this item involves street improvements near his business property located on High Street . AT THIS POINT in the meeting, Mayor Enegren announced his recusal from participation in Consent Calendar Item 10.H. because it involves the High Street Depot Project. He reported he has had discussions with the developer about design and possible future uses which he could possibly be involved and for that reason and out of the abundance of caution he will be recusing from this item. H. Consider Award of Professional Services Agreement to Stantec Consulting Services, Inc. for Professional Engineering Design Services for the High Street Improvement Project (CIP No. C0009). Staff Recommendation: 1) Consider and award a Professional Services Agreement for Professional Engineering Design Services for the High Street Improvement Project (C0009) to Stantec Consulting Service, Inc. in the amount of $106,222.00, plus a 10-percent contingency in the amount of $10,622.00, for a total not - to-exceed amount of $116,844.00; and 2 ) Authorize the City Manager to execute the Agreement, subject to final language approval of the City Manager. Following a question, brief discussion followed between Councilmembers and staff as to why the previously selected engineering firm decided not to execute the contract with Moorpark. MOTION: Councilmember Delgado moved, and Councilmember Castro seconded a motion to approve Consent Calendar Item 10.H. The motion carried by voice vote 3-0, Mayor Enegren and Councilmember Groff recused. 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 9:26 p.m. A. CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6) Agency Designated Representatives: PJ Gagajena, Assistant City Manager and Kevin Ennis, City Attorney Unrepresented Employee: Troy Brown, City Manager Present in closed session were Councilmembers Castro, Delgado, Groff, Means, and Mayor Enegren; PJ Gagajena, Assistant City Manager; and Kevin Ennis, City Attorney. 926 Minutes of the City Council/Successor Agency Moorpark, California Page 9 May 3, 2023 The Council reconvened into open session at 9:50 p.m. Mr. Gagajena stated Item 12.A. was discussed and there was no action to report. 13. ADJOURNMENT: Mayor Enegren adjourned the meeting at 9:50 p.m. Chris R. Enegren, Mayor ATTEST: Ky Spangler, City Clerk 927