HomeMy WebLinkAboutAGENDA REPORT 2024 0221 CCSA REG ITEM 10BCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of February 21, 2024
ACTION APPROVED STAFF
RECOMMENDATION.
BY A. Hurtado.
B. Consider Minutes of the City Council/Successor Agency Regular Meeting of
January 17, 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 17, 2024
A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency
was held on Wednesday, January 17, 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 6:30 p.m.
2.PLEDGE OF ALLEGIANCE:
Assistant City Manager PJ Gagajena led the Pledge of Allegiance.
3.ROLL CALL:
Present:Councilmembers Castro, Delgado, Groff, Means, and Mayor
Enegren.
Staff Present: Troy Brown, City Manager; Maricela Marroquin, Assistant 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; Doug Spondello, Deputy
Community Development Director; Chris Thompson, Senior
Information Systems Administrator; Captain Darin Hendren,
Ventura County Sheriff's Office; and Ky Spangler, City Clerk.
4.PROCLAMATIONS AND COMMENDATIONS:
A.Certificate of Recognition to Chris Thompson, Senior Information Systems
Administrator in the Finance/Administrative Services Department for
Receiving the City’s Apricot Award, Winter 2023.
Mayor Enegren presented a Certificate of Recognition to Chris Thompson,
Senior Information Systems Administrator in the Finance/Administrative
Services Department, as the Apricot Award Recipient for Winter 2023.
5.PUBLIC COMMENT:
Nicole Luekenga, Moorpark resident spoke to express the opinion that the
proposed cannabis delivery ordinance is not strong enough to protect Moorpark’s
citizens.
Item: 10.B.
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Stephanie Maio, Moorpark resident, spoke to urge stronger provisions in the
proposed cannabis delivery ordinance, expressed the opinion that more time
should be taken to develop better safety measures and suggested a moratorium
be enacted.
Rita Muscarella, Moorpark resident, spoke in opposition to the proposed cannabis
delivery ordinance and expressed safety, security, crime, and traffic concerns.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
CONSENSUS: It was the consensus of the City Council to reorder Section 11,
Ordinances, ahead of Section 9, Presentation/Action/Discussion.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
Councilmember Delgado reported on January 9 she participated in a tour to view
construction progress at the new City Hall.
Councilmember Delgado reported on January 9 she attended a Moorpark
Chamber of Commerce mixer at Custom Pie.
Councilmember Delgado reported on January 11 she hosted the Moorpark Young
Professionals Group at The Alley.
Councilmember Groff reported on January 9 he participated in a tour to view
construction progress at the new City Hall.
Councilmember Groff reported on January 9 he attended a Moorpark Chamber of
Commerce mixer at Custom Pie.
Councilmember Groff reported on January 10 he attended the Ventura County
Taxpayers Association and Ventura County Taxpayer Foundation board meetings.
Councilmember Castro reported on January 16 participated in a focus group for
the Ventura County Leadership Academy.
Councilmember Means reported on January 3 he participated in a Moorpark
ProVisors business meeting.
Councilmember Means reported on January 16 he attended a meeting of the board
of the Friends of the Library.
Mayor Enegren reported on January 9 he attended a Moorpark Chamber of
Commerce mixer at Custom Pie.
Mayor Enegren reported on January 11 he attended the Ventura Council of
Governments (VCOG) meeting.
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Mayor Enegren announced the U.S. Small Business Administration offers disaster
assistance to Ventura County businesses and residents affected by the
December 21 through 23, 2023, storm and flooding. Interested applicants may
apply online and receive additional disaster assistance information at
SBA.gov/disaster. Applicants may also call the Customer Service Center at 1-800-
659 2955 or email disastercustomerservice@sba.gov for more information.
8.PUBLIC HEARINGS:
None.
11.ORDINANCES:
A.Consider Ordinance No. 520 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. Staff Recommendation: Waive full reading, declare Ordinance
No. 520 read for the second time, and adopted as read. (ROLL CALL VOTE
REQUIRED)
Ms. Spangler read the title of Ordinance No. 520.
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, APPROVING THE FOURTH
AMENDMENT TO DEVELOPMENT AGREEMENT
NO. 2021-03 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 Groff seconded a motion
to wave full reading, declare Ordinance No. 520, read for the second time, and
adopt as read. The motion carried by unanimous roll call vote.
B.Consider Ordinance No. 521 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 (CEQA) in Connection Therewith. Staff Recommendation:
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Waive full reading, declare Ordinance No. 521 read for the second time,
and adopted as read. (ROLL CALL VOTE REQUIRED)
Mr. Spondello provided a brief report and noted a Supplemental Report was
distributed that included public correspondence received after the
publication of the Staff Report.
Questions and brief discussion among Council and staff focused on the
following: 1) there are no merits for staff to request extra time to study the
subject prior to Council’s consideration; 2) legal ramifications of delaying
the adoption of the proposed ordinance; 3) Assistant City Attorney
Marroquin stated any type action constituting a moratorium would not be
permissible under Business and Professions Code Section 26322;
4)confirmation that there are no pending applications for this type of use;
5)why staff proposes two locations instead of only one, and the various
buffer radiuses considerations; 6) buildings within the area that could
accommodate this use are currently occupied; 7) sublease of one of the
existing buildings would still require a Conditional Use Permit (CUP); 8) a
change made tonight in the buffer distance currently proposed would
require reintroduction of the ordinance and return for second reading; 9) the
Ventura County Sheriff’s Office would be involved in development of CUP
conditions should an application be submitted; and 10) the proposed
ordinance addressed land use decisions related to non-storefront, retail
delivery only of medical cannabis and does not permit distribution facility
uses.
Speakers on this item were received under Item 5, Public Comment, per the
City Council’s Rules of Procedure.
Ms. Spangler 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 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
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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 Castro seconded a motion
to wave full reading, declare Ordinance No. 521, read for the second time, and
adopt as read. The motion carried by unanimous roll call vote.
9. PRESENTATION/ACTION/DISCUSSION:
A. Workshop to Consider Regulations for Mobile Food Facilities. Staff
Recommendation: Receive a presentation, receive public input and provide
direction to staff regarding potential regulations related to mobile food
facilities.
AT THIS POINT in the meeting, Councilmember Groff announced his recusal from
participation in Agenda Item 9.A. because he owns property on High Street that could be
affected by the regulation of mobile food facilities and left the dais.
Ms. Saxton gave the staff report.
Questions among Councilmembers and staff followed regarding: 1) based
on time, place, and manner regulations that can be considered, what kind
of conditions unique to High Street may warrant more strict limits;
2) distance limitations can be placed around intersections or crosswalks;
3) what types of limitations would be legally defensible; 4) potential
restrictions would be based on public safety; 5) possible restrictions to
preserve parking or signage restricting oversized vehicles; 6) parking on
High Street is limited to two hours; 7) restrictions on spacing between
vendors could be imposed; 8) is there enforcement of trucks parked beyond
two hours; 9) how County Environmental Health regulations are enforced;
10) City Code Enforcement is complaint driven in part due to limited staff
capacity; Council would need to provide direction for enforcement on High
Street as well as Citywide; and 11) smaller cities of similar character and
feel, with similar environmental conditions would be most appropriate for
Moorpark to model.
Jeff Brodsly, Moorpark resident and High Street property owner, expressed
the opinion that the City should be mindful of over-regulation and he does
not perceive a public safety issue at this time, and so long as there is a
mechanism to make or submit complaints, mobile food facilities follow
existing rules, and the rules are enforced.
Renee Zelnick, former mobile food facility owner, spoke in support of an
existing food truck located on High Street, and commented that there can
be positive effects from these uses including increased foot traffic. Not all
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owners want to move into brick and mortar business and referenced studies
which show an increase in mobile food facilities does not directly affect a
decrease in support of brick and mortar establishments.
Michael Zelnick, former mobile food facility owner, spoke to echo the
comments of the prior speakers and noted food establishments bring people
in from other areas, and remarked on the physical length of food trucks.
Lupe Aguilera, owner of Old Town Liquor, spoke in support of food trucks
on High Street, stated she allows her business restroom to be utilized by
the truck operators which was also made available for the farmer’s market,
and noted there do not appear to be safety issues. She suggested
implementing regulations on the number of vendors to be allowed within a
certain zone or area.
Angel Baker, co-owner of Angry Ferret Brewery, noted that all the mobile
food facilities they use follow and are in compliance with County regulations.
She noted customers follow mobile food vendors into Moorpark and does
not see an existing problem.
Elizabeth Galbruith, Moorpark resident, spoke in opposition to restricting
mobile food facilities and provided peer-reviewed research information on
how such uses support the policies of the Downtown Specific Plan and
aligns with Council goals for economic development and is in support of
less regulation. She suggested devising some kind of program to help
entrepreneurs enter this market.
Robert Llamas, submitted a speaker card, did not wish to speak when
called.
Esteban Torres, Moorpark resident, spoke in support of mobile food
facilities and commented that this issue may be arising with the
development of the High Street Depot project, and expressed concerns
about mobile food facilities being pushed out.
Adriana Melgoza, owner of Chanos Tacos, spoke to echo the comments of
all the prior speakers.
Ms. Spangler summarized twelve written speaker cards submitted
expressing support of mobile food facilities which generally note the owners
are polite, serve good food, support the community through their efforts, and
do not see harm being caused by their current activities.
Discussions and additional questions among Councilmembers and staff
focused on the following: 1) all businesses to be treated equally throughout
the City; 2) staff was not aware of any restrictions being placed on certain
types of mobile food facilities in other cities; 3) parking concerns in the
downtown area and on High Street particularly once projects are fully
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developed if there is a congregation of mobile food facilities in one area
such as High Street; 4) benefits of mobile food facilities; and 5) the City’s
reliance on food trucks for various City events.
The Council requested further information from staff on operating hours,
parking time limitations, and safety parameters such as line of sight, blind
turns, and other public safety concerns. The Council noted mobile food
facilities should be permitted for special events and that there should be no
restrictions on mobile food facilities/trucks on private property with owner’s
permission; and potentially consider closing or assigning a certain area to
encourage more mobile food facilities to interact.
CONSENSUS: It was the consensus of the City Council that no additional
regulations are required at this time and directed staff to consider line of sight
issues on High Street as existing development proceeds and ensure clear
pedestrian sidewalk access. The City Council requested additional information on
the studies that were referenced by two speakers.
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Groff moved, and Councilmember Means seconded a motion
to approve the Consent. The motion carried by unanimous roll call vote.
A. Consider Warrant Register for Fiscal Year 2023/24 - January 17, 2024. Staff
Recommendation: Approve the warrant register.
B. Consider Minutes of the City Council/Successor Agency Regular Meeting
of January 3, 2024. Staff Recommendation: Approve the minutes.
C. Consider Rejection of Claim from Victor Bonilla. Staff Recommendation:
Reject the claim and direct staff to send a standard rejection letter to the
claimant.
D. Consider Rejection of Claim from Kimberly Trotter Mathews. Staff
Recommendation: Reject the claim and direct staff to send a standard
rejection letter to the claimant.
E. Consider Resolution Amending the Fiscal Year 2023/24 Budget and
Authorizing the Transfer of General Fund and Gas Tax Monies to Cover
Fiscal Year 2022/23 Year-End Deficits in Certain Funds for the City’s
Landscaping and Lighting Assessment Districts. Staff Recommendation:
Adopt Resolution No. 2024-4221.
F. Consider Resolutions to Initiate Proceedings Related to the Citywide
Landscape and Lighting Maintenance Assessment Districts and the Parks
and Recreation Maintenance Improvement District for Fiscal Year 2024/25.
Staff Recommendation: Adopt Resolution Nos. 2024-4222 and 2024-4223.
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G.Consider Resolution Exonerating Surety Bond No. 0778574 for Street,
Storm Drain & Erosion Control Improvements and Surety Bond No.
0778575 for Grading at 13960 Peach Hill Road (Oakmont of Moorpark,
LLC). Staff Recommendation: 1) Adopt Resolution No. 2024-4224,
exonerating Surety Bond No. 0778574 for Street, Storm Drain & Erosion
Control Improvements and Surety Bond No. 0778575 for Grading; and
2)Authorize the City Clerk to exonerate the bonds as shown in the agenda
report and draft Resolution.
H.Consider Agreements with the State of California, Department of
Transportation (Caltrans), and Moorpark Casey Road, L.P. for the
Maintenance of Landscape, Irrigation, and Other Improvements within the
State’s Right-of-Way on Walnut Canyon Road; and Making a Determination
of Exemption Under the California Environmental Quality Act in Connection
Therewith. Staff Recommendation: 1) Approve Landscape Maintenance
Agreement with the State of California, Department of Transportation, for
Landscape Maintenance Operations within the State’s Right-of-Way on
Walnut Canyon Road, subject to final language approval of the City
Manager and City Attorney; and 2) Approve Agreement with Moorpark
Casey Road, L.P., for Landscape Maintenance Operations within the
State’s Right-of-Way on Walnut Canyon Road, subject to final language
approval of the City Manager and City Attorney.
12.CLOSED SESSION:
None.
13.ADJOURNMENT:
MOTION: Mayor Enegren moved and Councilmember Groff seconded a motion to
adjourn the meeting. The motion carried by unanimous voice vote. The time was
8:26 p.m.
Chris R. Enegren, Mayor
ATTEST:
Ky Spangler, City Clerk
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