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HomeMy WebLinkAboutMIN 2023 1018 CC SA REG MINUTES OF THE CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Moorpark, California October 18, 2023 A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency was held on Wednesday, October 18, 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 6:30 p.m. 2. PLEDGE OF ALLEGIANCE: Ken Rayzor, General Manager and Events Director for the High Street Arts Center 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; Brian Chong, Assistant to the 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; Jessica Sandifer, Deputy Parks and Recreation Director; Roger Pichardo, Program Manager; Michelle Woomer, Management Analyst; Chris Thompson, Senior Information Systems Administrator; Captain Darin Hendren, Ventura County Sheriffs Office; and Blanca Garza, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation Declaring October 19, 2023, as the Great Shakeout Day. Mayor Enegren presented a Proclamation to Roger Pichardo, Program Manager, declaring October 19, 2023, as the Great Shakeout Day. 5. PUBLIC COMMENT: Ken Rayzor announced and invited the community to join in the 2024 Moorpark Apricot Festival planned for Saturday, May 11, 2024. The Festival is a multicultural event celebration of Moorpark; enjoy local stories, local artists, live music, great { food and drinks, and friends. Minutes of the City Council/Successor Agency Moorpark, California Page 2 October 18, 2023 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 Delgado reported on October 5 she attended the Clean Power Alliance Board of Directors meeting. Councilmember Delgado reported on October 7 she volunteered at and attended the Moorpark Country Days parade and street fair. Councilmember Delgado reported on October 12 she attended the Moorpark Young Professionals group which meets for lunch at The Outpost in the Alley on the 2nd Thursday of every month at noon. Councilmember Delgado reported on October 13 she, along with Mayor Enegren, attended opening night of Somethings Rotten at the High Street Arts Center. Councilmember Delgado reported on October 16, along with Councilmember Groff, she attended a food and wine pairing at Carrara's Restaurant. Councilmember Delgado reported on October 18 she attended the Moorpark Chamber of Commerce board meeting where they did a recap of Country Days and discussed their upcoming installation dinner. Councilmember Groff reported on October 7 he attended the Moorpark Country Days event and parade. Councilmember Groff reported on October 11 he attended the Ventura County Taxpayers Association Board meeting. Councilmember Groff reported on October 16 he attended a food and wine pairing at Carrara's Restaurant. Councilmember Groff reported on October 17 he attended the vigil for Israel at Moorpark College. Councilmember Castro reported on October 11 he had his interview for the City's Parks Master Plan. Councilmember Castro reported on October 18 he attended the Ventura County Housing Conference. Councilmember Means reported on October 7 he was at the Country Days parade and street fair. Minutes of the City Council/Successor Agency Moorpark, California Page 3 October 18, 2023 Councilmember Means reported he too had his interview for the City's Parks Master Plan. Mayor Enegren reported on October 6 he attended the Ventura County Transportation Commission (VCTC) meeting where the Commission discussed the Transit Efficiency Study. Mayor Enegren reported on October 7 he attended the Moorpark Country Days parade and street fair. Mayor Enegren reported on October 13 he attended the opening night of Somethings Rotten at the High Street Arts Center. Mayor Enegren reported on October 16 he had his interview for the City's Parks Master Plan with the consultant. Mayor Enegren extended an invitation to the community to join in the final Movie in the Park on Saturday, October 21 at Arroyo Vista Park. The free event features the movie The Nightmare Before Christmas which will begin at dusk. For details, please visit the City's website. Mayor Enegren announced the City's annual Halloween event, Haunted High Street, planned for Tuesday, October 31 on historic High Street from 4:00 to 7:00 p.m. Families may enjoy costume contests, a carnival, pumpkin patch, and collect candy in our trunk-or-treat. For details and carnival tickets, please visit the City's website. Mayor Enegren announced the cities of Moorpark, Thousand Oaks, and Simi Valley are currently and jointly developing an evacuation planning and public outreach program for eastern Ventura County. A critical part of the effort is a resident-focused, tri-city survey about evacuations and emergency preparedness. We encourage members of the public to complete the brief survey at www.moorparkca.gov/em. Mayor Enegren announced the City of Moorpark is pleased to offer its residents free fares for the East County Transit Alliance CONNECT InterCity Dial-A-Ride Service. The service, which is typically $6 per trip, will be free from November 1, 2023, through March 31, 2023. This program is available to seniors aged 65 or older and ADA certified individuals. Service can be used for travel to other cities such as Thousand Oaks, Simi Valley, Camarillo, and Agoura Hills. For more information please call (805) 517-6240. Minutes of the City Council/Successor Agency Moorpark, California Page 4 October 18, 2023 8. PUBLIC HEARINGS: A. Consider Ordinance Approving the Second Amendment to Development Agreement No. 2018-01 between the City of Moorpark and Daly Group, Inc. and Making a Determination of Consistency with the Previously Adopted Mitigated Negative Declaration Pursuant to the California Environmental Quality Act in Connection Therewithin. Staff Recommendation: 1) Open the public hearing, receive public testimony and close the public hearing; and 2) Introduce Ordinance No. 519, approving the Second Amendment to Development Agreement No. 2018-01 for first reading, waive full reading, and place this ordinance on the agenda for November 1, 2023, for purposes of providing second reading and adoption of the ordinance. (ROLL CALL VOTE REQUIRED) AT THIS POINT in the meeting, Mayor Enegren announced his recusal from participation because the item involves the High Street Depot project with whom he has had discussion about future uses on the site and left the dais. The time was 6:46 p.m. AT THIS POINT in the meeting, Councilmember Groff announced his recusal from participation because the item involves property within 500 feet of property he owns and left the dais. The time was 6:46 p.m. Ms. Saxton gave the staff report. A correction to the staff report was noted via a Supplemental Report, revising the attached Ordinance. Councilmember Castro opened the public hearing at 6:53 p.m.; having no speakers the public hearing was closed. Mr. Ennis read the title of Ordinance No. 519. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2018-01 BETWEEN THE CITY OF MOORPARK AND HIGH STREET DEPOT, LLC AND MAKING A DETERMINATION THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15162 MOTION: Councilmember Means moved, and Councilmember Delgado seconded a motion to introduce Ordinance No. 519, approving the Second Amendment to Development Agreement No. 2018-01 for first reading, waive full reading, and place this ordinance on the agenda for November 1, 2023, for purposes of providing second reading and adoption of the ordinance. The motion carried by roll call vote 3-0, Mayor Enegren and Councilmember Groff absent. Minutes of the City Council/Successor Agency Moorpark, California Page 5 October 18, 2023 AT THIS POINT in the meeting, Mayor Enegren and Councilmember Groff returned to the dais; the time was 6:55 p.m. 9. PRESENTATION/ACTION/DISCUSSION: A. Consider Presentation by Andrew Thomas, Government Relations Manager for Southern California Edison (SCE), with an Update on Grid Hardening Efforts. Staff Recommendation: Receive presentation. Mr. Brown provided an introduction of the agenda item and introduced Mr. Andrew Thomas, Government Relations Manager for Southern California Edison (SCE), who provided an update on grid hardening efforts. There were no speakers. CONSENSUS: It was the consensus of the City Council to receive and file the presentation. B. Consider Resolution Approving High Street Encroachment Permit Guidelines and Making a Determination of Exemption Pursuant to the California Environmental Quality Act in Connection Therewith. Staff Recommendation: 1) Consider and review the High Street Encroachment Permit Guidelines; and 2) Adopt Resolution No. 2023- approving the High Street Encroachment Permit Guidelines. (ROLL CALL VOTE REQUIRED) Ms. Woomer gave the staff report and provided a PowerPoint presentation. A discussion followed among City Councilmembers and staff regarding: 1) confirmation of staff that all encroachments will require an annual permit and annual permit fees; 2) possibility of allowable encroachments to be considered; 3) request to ensure objective standards vs. subjective standards are used in guideline definitions, terminology, and language; 4) safe access, accessibility, and inclusion instances where staff imagines adjusting the width of pedestrian access; 5) guidelines and standards to be considered for the use and management of the public right-of-way which is a City asset; 6) current outdoor seating agreements and fees; 7) consistency of appearance for High Street; 8) size limitations for tables; 9) consideration of utilizing planters, portable heating devices, and permanent railings; 10) risk concerns; and 11) display items and sales rack language to be cleaned up. Doug Ridley, Ridley Defense, stated he had similar questions discussed by the Council and requested clarification to ensure compliance, revision of the language, and requested communication to the business owners of High Street. Philip Adler, Freda's Restaurant, stated he the same questions discussed by the Council and requested reconsideration of this item to have Minutes of the City Council/Successor Agency Moorpark, California Page 6 October 18, 2023 businesses on High Street be successful and ensure positive customer experiences. Michael and Tricia Shields, Lucky Fools Pub, expressed the same questions asked by staff and the Council, requested clarification on signage allowed and stated they presently have a bench for pedestrian seating as well as a sign but do not want to pay a fee to have these items. Joan Clark Martinez, Cactus Patch Restaurant, spoke in opposition to the item and the proposed fees, and asked what the City is doing to repair the sidewalks. Chris Barrett, resident and Business Owner, submitted correspondence for the record and spoke in opposition to the agenda item, expressing concerns about fencing requirements and impact to the sale of alcohol, and requested clarification and consideration of lighting, tables, and portable heaters. Jillian Clark, Cactus Patch Restaurant, submitted Written Statement Card in opposition to the agenda item, requested business owners receive outreach communication, questioned the insurance requirement, and questioned High Street sidewalk and pepper tree maintenance by the City. CONSENSUS: It was the consensus of the City Council to provide guidance and modifications of the guidelines to staff and rescheduled the item for future consideration at a date uncertain, and ensure outreach to High Street businesses and residents. C. Consider Approval of a Pavement Management Program and a Five-Year Pavement Rehabilitation Plan. Staff Recommendation: Review and consider for approval the Pavement Management Program, dated April 2023, and direct staff to implement the recommended Five-Year Pavement Rehabilitation Plan. Mr. Kim gave the staff report and Mostafa Nakhaei, PhD, Project Engineer with IMS Infrastructure Management Services, LP, provided a presentation. There were no speakers. MOTION: Councilmember Castro moved, and Councilmember Groff seconded a motion to approve the Pavement Management Program, dated April 2023, and direct staff to implement the recommended Five-Year Pavement Rehabilitation Plan. The motion carried by unanimous roll call vote. Minutes of the City Council/Successor Agency Moorpark, California Page 7 October 18, 2023 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Councilmember Groff moved, and Councilmember Delgado seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Warrant Register for Fiscal Year 2023/24 — October 18, 2023. Staff Recommendation: Approve the warrant register. B. Consider and Award Professional Services Agreement to Data Ticket, Inc. for Citation Processing and Adjudication Services Related to Moorpark Animal Control Code Violations. Staff Recommendation: Consider and Award Professional Services Agreement for Citation Processing and Adjudication Services related to Moorpark Animal Control Code Violations to Data Ticket, Inc. for an amount of$15,000, plus a 10-percent contingency of $1,500, for a total not-to-exceed amount of $16,500; and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager. C. Consider Resolution Authorizing the City of Moorpark's Fiscal Year (FY) 2023/24 Transportation Development Act Claim. Staff Recommendation: Adopt Resolution No. 2023-4213, authorizing the submittal of the City's Transportation Development Act Claim. (ROLL CALL VOTE REQUIRED) D. Consider Agreement with P2S, Inc. for Building Commissioning Agent Services for the New City Library and Resolution Amending the Fiscal Year 2023/24 Budget Allocating $63,745 from the Special Projects Fund to Fund Commissioning Services. Staff Recommendation: 1) Approve Agreement with P2S, Inc. for Commissioning Services, and authorize the City Manager to execute the Agreement, subject to final language approval of the City Manager; and 2) Adopt Resolution No. 2023-4214, amending the Fiscal Year 2023/24 budget by allocating $63,745 from the Special Projects Fund (3004) to fund these services.(ROLL CALL VOTE REQUIRED) E. Consider Budget Amendment from Special Projects Fund (3004) to Allocate Funding for Special Inspection and Materials Testing Services for City Hall Tenant Improvement Project (C0070). Staff Recommendation: 1) Adopt Resolution No. 2023-4215 approving Budget Amendment in the amount of $40,000 for Special Inspection and Materials Testing Services for the City Hall Tenant Improvement Project (C0070).(ROLL CALL VOTE REQUIRED) F. Consider Report of Annual Review of a Development Agreement Established in Connection with Industrial Planned Development Permit No. 2009-01 (Moorpark West Studios), Located at 11289 Los Angeles Avenue, on the Application of Broad Reach Power. Staff Recommendation: Accept the Community Development Director's report and recommendation that, on the basis of substantial evidence, Broad Reach Power has complied in good faith with the terms and conditions of the Development Agreement; and 2) Deem the 2023 annual review for this project complete. Minutes of the City Council/Successor Agency Moorpark, California Page 8 October 18, 2023 G. Consider Authorizing the City Manager to Execute a One-Year Extension of the Lease for the California Highway Patrol at the Moorpark Police Services Center. Staff Recommendation: Authorize the City Manager to execute a one-year extension of the lease, with current terms and previously established rental rates, subject to final language approval by the City Manager. H. Consider Resolution Amending the Fiscal Year 2023/24 Budget for Fire Sprinkler Design Services Related to California Highway Patrol Tenant Improvements at Moorpark Police Services Center. Staff Recommendation: 1) Authorize City Manager to sign Funding Authorization with County of Ventura GSA for Fire Suppression Design Services in the amount of $6,201.53, and 2) Adopt Resolution No. 2023-4216, amending the Fiscal Year 2023/24 Budget for Design Services for Fire Sprinkler System Expansion for California Highway Patrol Tenant Improvement Project at Moorpark Police Services Center. (ROLL CALL VOTE REQUIRED) I. Consider the 2024 Cooperative Agreement with the California Department of Public Health Regarding Application of Pesticides for Public Health Purposes. Staff Recommendation: Approve the 2024 Cooperative Agreement and authorize the Mayor to execute the Agreement on behalf of the City. J. Consider Senate Bill (SB) 1383 Local Assistance Grant Program Fiscal Year (FY) 2022/23 and Adopt Resolution Authorizing Submittal of Application to California Department of Resources Recycling and Recovery (CalRecycle) for Grant Funds in the Amount of $77,305. Staff Recommendation: Adopt Resolution No. 2023-4217, authorizing the City Manager or their designee to submit an application to CalRecycle, to execute any forms necessary to secure SB 1383 Local Assistance Grant Program funds, and carry out the specified activities required by CalRecycle. (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 10:29 p.m. A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Properties: 240 Los Angeles Avenue Agency Negotiator: Troy Brown, City Manager Negotiating Parties: Judith A. Patton Under Negotiation: Price and terms for lease Minutes of the City Council/Successor Agency Moorpark, California Page 9 October 18, 2023 Present in closed session were Councilmembers Castro, Delgado, Groff, Means, and Mayor Enegren; Troy Brown, City Manager; Kevin Ennis, City Attorney; PJ Gagajena, Assistant City Manager; Daniel Kim, City Engineer/Public Works Director, and Jessica Sandifer, Deputy Parks and Recreation Director. The Council reconvened into open session at 10:39 p.m. Mr. Brown reported Item 12.A. was discussed and there was no action to report. 13. ADJOURNMENT: Mayor Enegren adjourned the meeting at 10:39 p.m. Chris R. 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