HomeMy WebLinkAboutAGENDA REPORT 2024 0117 CCSA REG ITEM 10BCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of January 17, 2024
ACTION APPROVED STAFF
RECOMMENDATION.
BY A. Hurtado.
B. Consider Minutes of the City Council/Successor Agency Regular Meeting of
January 3, 2024. 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 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 Peña,
Information Systems Technician II; Captain Darin Hendren,
Ventura County Sheriff's 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.
Item: 10.B.
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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:
None.
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. 9
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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 10
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
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Minutes of the City Council/Successor Agency
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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 12
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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.
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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.
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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.
I. 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.
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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. Enegren, Mayor
ATTEST:
Ky Spangler, City Clerk
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