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HomeMy WebLinkAboutMIN 2024 0103 CC SA REG MINUTES OF THE CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Moorpark, California January 3, 2024 A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency was held on Wednesday, January 3, 2024, 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 Delgado 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; Roger Pichardo, Program Manager; Stephanie Anderson, Recreation Services Manager; Andres Pena, Information Systems Technician II; Captain Darin Hendren, Ventura County Sheriffs Office; and Ky Spangler, City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation Declaring January 2024 as National Blood Donor Month. Mayor Enegren presented a Proclamation to Tony Briggs, American Red Cross Regional Chief Executive Officer, declaring January 2024, as National Blood Donor Month. B. Introduction of New Employee, Carolina Tijerino, Human Resources Manager in the Finance/Administrative Services Department. Mayor Enegren introduced new City employee, Carolina Tijerino, Human Resources Manager in the Finance/Administrative Services Department. Minutes of the City Council/Successor Agency Moorpark, California Page 2 January 3, 2024 5. PUBLIC COMMENT: City Clerk Spangler read a written comment received by Councilmember Groff from resident Mike Dubreuil complimenting Parks and Recreation Director Jeremy Laurentowski. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND MAYOR: Councilmember Delgado reported on December 7 she attended a Clean Power Alliance Board of Directors meeting. Councilmember Delgado reported on December 8 she attended the Boys & Girls Club Community Breakfast. Councilmember Delgado reported on December 9 she attended the grand opening and ribbon cutting for Lucky Strike along with the Mayor, Councilmembers, and many other City and County officials and staff. Councilmember Delgado reported on December 10 she attended the Chabad of Moorpark menorah lighting ceremony. Councilmember Delgado reported on December 12 she attended the Coffee with a Cop event. Councilmember Delgado reported on December 13 she attended the State of the College address at Moorpark College along with Councilmember Means. Councilmember Delgado reported on December 15 she attended the Moorpark Chamber of Commerce breakfast. Councilmember Castro reported on December 10 he attended the Chabad of Moorpark menorah lighting ceremony. Councilmember Castro reported on December 27 he toured the new City Hall building to see the construction progress. Councilmember Means commented on events attended and remarked that many great things are going on in Moorpark. Mayor Enegren reported on December 9 he attended the Lucky Strike grand opening. Mayor Enegren reported on December 10 he attended the Chabad of Moorpark menorah lighting ceremony. Minutes of the City Council/Successor Agency Moorpark, California Page 3 January 3, 2024 Mayor Enegren reported on December 14 he attended the City's annual holiday staff luncheon. Mayor Enegren reported on December 15 he attended the Moorpark Chamber of Commerce breakfast. Mayor Enegren reported on December 19 he toured the new City Hall building to see the construction progress. Mayor Enegren announced the City 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 2023, through March 31, 2024. 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. Mayor Enegren announced as part of the City's mental health initiatives, it is offering residents free subscriptions to Cope Notes, which provides mental and emotional support text messaging services. To subscribe, go to COPENOTES.COM/REDEEM then enter the redemption code MOORPARK and your cell phone number. The service is 100% anonymous and confidential. The service will be free through October 2024 and only a limited number of subscriptions remain, so sign up now! 8. PUBLIC HEARINGS: A. Consider an Ordinance Approving the Fourth Amendment to Development Agreement No. 2012-03 between the City of Moorpark and Essex Moorpark Owner, L.P., and Making a Determination of Exemption Pursuant to the California Environmental Quality Act in Connection Therewithin, on the Application of Dan Johnson of Danco Communities (on Behalf of Moorpark Casey Road, L.P.). Planning Commission Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Introduce Ordinance No. 520 approving the Fourth Amendment to Development Agreement between the City of Moorpark and Moorpark Casey Road, L.P. for first reading, waive full reading, and place this Ordinance on the agenda for January 17, 2024, for purposes of providing second reading and adoption of the Ordinance. (ROLL CALL VOTE REQUIRED) Ms. Saxton gave the staff report. Questions followed among the Councilmembers and staff regarding the following: 1) the changes to Section 6.40 are to create consistency in language between the Development Agreement and a private-party finance agreement that defines the eligible expenses prior to net proceeds being calculated; the City's interest rate of 3% has already been set and will not change. The City will receive its loan repayment through residual receipts Minutes of the City Council/Successor Agency Moorpark, California Page 4 January 3, 2024 once all other obligations are paid; 2) it is possible that the full amount of the City's 55-year loan of 3.8 million, representing some of the building permit fees, may not be repaid, but repayment is probable. The project has become a 100%-affordable project and generally there is some form of City matching which does potentially result in a subsidy to the project. The public hearing was opened at 6:52 p.m.; having no speakers, the public hearing was closed. Brief comment was made by Councilmember Means with concurrence from Mayor Enegren that subsidies for future development projects is not recommended. Mr. Ennis read the title of Ordinance No. 520: AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING THE FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2012-03 BETWEEN THE CITY OF MOORPARK AND MOORPARK CASEY ROAD, L.P., AND MAKING A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH MOTION: Mayor Enegren moved, and Councilmember Delgado seconded a motion to introduce Ordinance No. 520, approving the Fourth Amendment to Development Agreement between the City of Moorpark and Moorpark Casey Road, L.P. for first reading, waive full reading, and place this Ordinance on the agenda for January 17, 2024, for purposes of providing second reading and adoption of the Ordinance. The motion carried by unanimous roll call vote. B. Consider an Ordinance Approving Zoning Ordinance Amendment No. 2023-03 to Comply with Business and Professions Code Section 26320 et seq (Senate Bill 1186 (2022)), Including Adding Chapter 8.65 (Commercial Cannabis Activity Prohibited), Modifying Chapters 17.08 (Definitions), Table 17.20.050(D), Table 17.20.060(A), and 17.20.070(A) and (D) of the Moorpark Municipal Code to Clarify the Prohibition of Commercial Cannabis Activity Throughout the City, Except to Allow Licensed Nonstorefront Retail (Delivery Only) Medicinal Cannabis Businesses as a Conditionally Permitted Use Within the M-1 Zone Subject to Location Criteria and Make a Determination of Exemption Pursuant to the California Environmental Quality Act in Connection Therewith. Planning Commission Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Introduce Ordinance No. 521: a) making a determination of exemption pursuant to the California Environmental Quality Act; and b) approving Zoning Ordinance Amendment No. 2023-03 for first reading, waive full reading, and place this Ordinance on the agenda Minutes of the City Council/Successor Agency Moorpark, California Page 5 January 3, 2024 for January 17, 2024, for the purposes of providing a second reading and adoption of the Ordinance (ROLL CALL VOTE REQUIRED) Mr. Spondello gave the staff report. Questions and discussion followed among the Councilmembers and staff regarding the following: 1) with regard to any issues occurring elsewhere at other retail locations in the County, based on polling of other officers those locations are hardened and not good criminal activity targets; 2) there are no federal laws that would be breached by complying with this current State law; in states that have regulatory programs, federal enforcement will not occur; 3) confirmation that if no action is taken to comply with this State law, the City would have less protection because the ordinance proposes to limit the potential locations that a business could be sited in; 4) confirmation that selection of a location adjacent to the Police Station which is zoned as Industrial-Flex would not comply the regulations proposed in the ordinance; 5) comment and details were provided on why are two sites being proposed when only one is required; 6) legal ramifications could include the City being subject to a writ of mandate if a ban was imposed by not selecting more than one location; 7) increasing the distance beyond the proposed 600-foot radius would result in making these sites incompatible with other proposed restrictions; 8) no inquiries or applications for a proposed business have been received; 9) confirmation that existing establishments in other cities can currently deliver to Moorpark; 10) it is unclear what size facility a business of this nature would require; 11) all cities in the State are facing compliance with this law; 12) it is unclear what methods of payment would be utilized; 13) hours of operation may not be regulated under the State law; and 14) discussion of signage given these locations would not be permitted to have storefront retail sales. The public hearing was opened at 7:19 p.m.; having no speakers, the public hearing was closed. Councilmembers commented that the approach being taken by the City is the best alternative to comply with State law. Mayor Enegren requested additional information on the cannabis industry in Ventura County generally. Councilmember Castro requested confirmation of radius distances be included at the second reading. CONSENSUS: It was the consensus of the City Council to direct staff to return at a future date to present information on the cannabis industry in California and the Ventura County region including but not limited to crime and public safety, signage, security, and financial considerations. Mr. Ennis read the title of Ordinance No. 521: AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA APPROVING ZONING ORDINANCE AMENDMENT NO. 2023-03 TO COMPLY WITH BUSINESS Minutes of the City Council/Successor Agency Moorpark, California Page 6 January 3, 2024 AND PROFESSIONS CODE SECTION 26320 ET SEQ (SENATE BILL 1186 (2022)), INCLUDING ADDING CHAPTER 8.65 (COMMERCIAL CANNABIS ACTIVITY PROHIBITED), MODIFYING CHAPTERS 17.08 (DEFINITIONS), TABLE 17.20.050(D), TABLE 17.20.060(A), AND 17.20.070(A) AND (D) OF THE MOORPARK MUNICIPAL CODE TO CLARIFY THE PROHIBITION OF COMMERCIAL CANNABIS ACTIVITY THROUGHOUT THE CITY, EXCEPT TO ALLOW LICENSED NONSTOREFRONT RETAIL (DELIVERY ONLY) MEDICINAL CANNABIS BUSINESSES AS A CONDITIONALLY PERMITTED USE WITHIN THE M-1 ZONE SUBJECT TO LOCATION CRITERIA AND MAKE A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IN CONNECTION THEREWITH MOTION: Mayor Enegren moved, and Councilmember Groff seconded a motion to introduce Ordinance No. 521: a) making a determination of exemption pursuant to the California Environmental Quality Act; and b) approving Zoning Ordinance Amendment No. 2023-03 for first reading, waive full reading, and place this Ordinance on the agenda for January 17, 2024, for the purposes of providing a second reading and adoption of the Ordinance. The motion carried by unanimous roll call vote. C. Consider Resolution Approving a Contract with ABM Electrical & Lighting Solutions, Inc., and Amending the Fiscal Year 2023/24 Budget to Appropriate $27,720.82 from the Community-Wide Park Fund to the Capital Improvement Budget Amending the Fiscal Year 2023/24 Budget Appropriating for the Acquisition and Implementation of Certain Energy Related Improvements at Various City Parks, Adopting Necessary Findings in Accordance with the California Government Code, and Making a Determination of Exemption Pursuant to the California Environmental Quality Act in Connection Therewith. Staff Recommendation: 1) Open the public hearing, receive public testimony, and close the public hearing; and 2) Adopt Resolution No. 2024-4219 to approve the Energy Services contract with ABM Electrical and Lighting Solutions, Inc. for the implementation of certain energy related improvements to City facilities in accordance with California Government Code Sections 4217.10 to 4217.18. (ROLL CALL VOTE REQUIRED) Mr. Pichardo gave the staff report. Questions and discussion followed among the Councilmembers and staff regarding the following: 1) the timing of removal of the coin boxes to which it was noted that the lighting retrofit must be completed before the coin boxes can be removed; 2) modernization and environmental improvements as a result of the project; and 3) the factors used in calculating the payback time period. Minutes of the City Council/Successor Agency Moorpark, California Page 7 January 3, 2024 The public hearing was opened at 7:40 p.m.; having no speakers, the public hearing was closed. Brief discussion followed concerning the need for careful consideration of items that result in removing a revenue generating source. It was noted that eliminating a user-cost for court lighting represents a City subsidy to the users. MOTION: Councilmember Groff moved, and Councilmember Delgado seconded a motion to adopt Resolution No. 2024-4219 to approve the Energy Services contract with ABM Electrical and Lighting Solutions, Inc. for the implementation of certain energy related improvements to City facilities in accordance with California Government Code Sections 4217.10 to 4217.18. The motion carried by unanimous roll call vote. 9. PRESENTATION/ACTION/DISCUSSION: A. Consider Forming an Ad Hoc Committee to Discuss Amendments to the Solid Waste Franchise Agreement. Staff Recommendation: Select two members of the City Council to participate on the ad hoc committee to discuss Amendments to the Solid Waste Franchise Agreement. Mr. Pichardo gave the staff report. CONSENSUS: It was the consensus of the City Council to select Councilmember Groff and Councilmember Means to participate on the ad hoc committee to discuss amendments to the Solid Waste Franchise Agreement. 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Councilmember Means 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 2023/24 —January 3, 2024. Staff Recommendation: Approve the warrant register. B. Consider Minutes of the City Council/Planning Commission Regular Meeting of April 12, 2023. Staff Recommendation: Approve the minutes. C. Consider Minutes of the City Council/Successor Agency Regular Meeting of October 4, 2023. Staff Recommendation: Approve the minutes. D. Consider Minutes of the City Council/Successor Agency Regular Meeting of October 18, 2023. Staff Recommendation: Approve the minutes. E. Consider Minutes of the City Council/Successor Agency Regular Meeting of November 15, 2023. Staff Recommendation: Approve the minutes. Minutes of the City Council/Successor Agency Moorpark, California Page 8 January 3, 2024 F. Consider Minutes of the City Council/Successor Agency Regular Meeting of December 6, 2023. Staff Recommendation: Approve the minutes. G. Consider and Accept the Developer Impact Fee Report (AB 1600 Report) for Fiscal Year 2022/23. Staff Recommendation: Accept and file the Development Impact Fee Annual Report for Fiscal Year 2022/23. Consider Request from Moorpark Girls Softball Association to Install Permanent Batting Cages at Arroyo Vista Community Park; and Making a Determination of Exemption Under the California Environmental Quality Act in Connection Therewith. Staff Recommendation: Approve Amendment No. 1 to the Agreement between the City of Moorpark and Moorpark Girls Softball for the installation of batting cages at Arroyo Vista Community Park; and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager. The following item was pulled for individual consideration: H. Consider Amendment No. 1 to Professional Services Agreement with FCG Consultants to Provide Construction Management and Inspections Services for the Princeton Avenue Improvement Project (C0020), Specification No. MPK21-03; and a Resolution Amending the Fiscal Year 2023/24 Budget. Staff Recommendation: 1) Consider and approve Amendment No. 1 to Professional Services Agreement between the City and FCG Consultants, Inc. for Construction Management and Inspections Services for the Princeton Avenue Improvement Project; 2) Authorize the City Manager to execute Amendment No. 1 to increase the Agreement amount by $512,000 for a total not-to-exceed amount of $1,967,483.65; and 3) Consider and adopt Resolution No. 2024-4220, amending Fiscal Year 2023/24 Budget. (ROLL CALL VOTE REQUIRED) Mr. Kim provided a brief presentation. Brief questions from Councilmembers followed regarding: 1) the contracts for the construction and Engineer of Record are within budgeted amounts; 2) the scope of work for the construction management and inspection services was increased; 3) projects that receive federal funding are required to provide construction management and inspection oversight; 4) confirmation that the funding is coming from the Citywide Traffic Mitigation Fund; 5) confirmation that the budget includes the contract contingency amount; and 6) brief discussion on the Pavement Management report and that Princeton Road was assessed as part of the report. MOTION: Mayor Enegren moved, and Councilmember Means seconded a motion to approve Consent Calendar Item 10.H. The motion carried by unanimous roll call vote. Minutes of the City Council/Successor Agency Moorpark, California Page 9 January 3, 2024 11. ORDINANCES: None. 12. CLOSED SESSION: None. 13. ADJOURNMENT: Mayor Enegren moved and Councilmember Groff seconded a motion to adjourn the meeting. The motion carried unanimously. The time was 7:58 p.m. Chris R. Ene , ayor ATTEST: 0000 RK C Ky Spa -r, Cit lerk *4"10.1110 o ci IWA0,41 114.1 4 II 6r* i.41rellirrn A & "