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Home My WebLink AboutMIN 2024 0918 CC SA REG MINUTES OF THE CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Moorpark, California September 18, 2024 A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency was held on Wednesday, September 18, 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 6:31 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Means led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Castro, Delgado, Means, and Mayor Enegren. Absent: Councilmember Groff. Staff Present: Troy Brown, City Manager; Kevin Ennis, City Attorney; PJ Gagajena, Assistant City Manager; Brian Chong, Assistant to the City Manager; Jeremy Laurentowski, Parks and Recreation Director; Daniel Kim, City Engineer/Public Works Director; Doug Spondello, Community Development Director; Hiromi Dever, Finance Director; 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 September 15 to October 15 as Hispanic Heritage Month. Mayor Enegren presented Moorpark Unified School District Assistant Superintendent of Business Services Juan Pablo Herrera with a Proclamation declaring September 15 to October 15 as Hispanic Heritage Month. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. Minutes of the City Council/Successor Agency Moorpark, California Page 2 September 18, 2024 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND MAYOR: Councilmember Means reported he attended the Moorpark Film Festival on September 6-8, 2024. Councilmember Means reported on September 17 he and Mayor Enegren met with the Mayor of Camarillo and the Moorpark College Student Body President regarding taking proactive steps to enhance and increase college and community engagement. Councilmember Castro reported on September 5 he attended a Family Justice Center strategic planning meeting hosted by California Lutheran University regarding potential needs to serve a high-risk community. Councilmember Castro reported on September 9 he attended the Transportation and Public Works Standing Committee meeting. Councilmember Castro reported on September 17 he attended an event at Moorpark College hosted by the Moorpark College Foundation focused on Latino voting patterns. Councilmember Delgado reported on September 5 she attended the Clean Power Alliance Board meeting. Councilmember Delgado reported on September 6 she attended the Moorpark Film Festival. Councilmember Delgado reported on September 11 she attended The Habit Burger ribbon cutting along with fellow Councilmembers and City staff. Councilmember Delgado reported on September 11 she attended the Moorpark Chamber of Commerce Board meeting. Councilmember Delgado reported on September 12 she led the Moorpark Young Professionals group. Councilmember Delgado reported on September 17 she attended Flory School's Dual-Language Immersion Program. Councilmember Delgado reported on September 17 she attended the Moorpark Chamber of Commerce networking mixer along with fellow Councilmembers and City staff. Mayor Enegren reported on September 6 he attended the High Street Art Center's Moorpark Film Festival. Mayor Enegren reported on September 11 he attended the ribbon cutting at The Habit. Minutes of the City Council/Successor Agency Moorpark, California Page 3 September 18, 2024 Mayor Enegren reported on September 12 he attended the City all-employee briefing and luncheon where the City's Apricot Award was awarded to Steve Matthews. Mayor Enegren reported on September 17 he attended the ribbon cutting ceremony at Flory School's Dual-Language Immersion Program. Mayor Enegren announced on September 17 he met with the Mayor of Camarillo and the Moorpark College Student Body President regarding taking proactive steps to enhance and increase college and community engagement. Mayor Enegren extended an invitation to put on your blades or quads and join us for an Old School Skate Night on Friday, September 20 from 6:30 p.m. to 8:30 p.m. Enjoy an evening of skating, music, and games, plus fun activities for non-skaters. The event takes place at the Arroyo Vista Community Park multiuse court, and admission is free. For more information visit the City's website. Mayor Enegren announced to not miss the City's final concert of the season on Saturday, September 28 at 5:00 p.m. The concert will be held at the Arroyo Vista Community Park and features the Moorpark Symphony Orchestra. Admission is free. For more information visit the City's website. 8. PUBLIC HEARINGS: A. Consider Adoption of a Resolution Approving a Zoning Ordinance Amendment Pre-Screening Application and Authorizing the Submittal of a Request to Amend Chapter 17.20.060.E.8 (Energy storage within a building) of the Moorpark Municipal Code on the Application of Hecate Grid, LLC. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2024-4272 authorizing the Community Development Director to accept an application to amend Chapter 17.20.060.E.8 (Energy storage within a building) of the Moorpark Municipal Code. (ROLL CALL VOTE REQUIRED) Mr. Neumann gave the staff report. Mr. Brown provided history on the property's encumbrances and covenants. Questions followed among the Councilmembers and staff regarding the following: 1) the existing Development Agreement's term expires in 2033; 2) if denied, resubmittal of a similar application may not occur for 12 months; and 3) City Attorney addressed inquiry regarding regulations foreseen that might allow a battery storage company to be able to build by-right. The public hearing was opened at 6:53 p.m. James Damon, Hecate Grid Senior Development Director, provided a PowerPoint presentation and spoke along with applicant subject matter experts in attendance: Eric Wood, Energy Safety Response Group Fire Safety Engineer, a third party consulting and testing company; Andrew Riebel, Minutes of the City Council/Successor Agency Moorpark, California Page 4 September 18, 2024 Hecate Grid Internal Construction Lead; and Annie Mudge, external Legal Counsel from Cox Castle Nicholson. Mr. Wood spoke to address ingress and egress; safety, efficiency, and testing of outdoor vs. enclosed systems and facilities; and fire risks/impacts and fires. Mr. Riebel noted the batteries need to be close to the load to have the greatest result. Brief comment/discussion took place for clarity on the following: 1) minimizing blackouts and brownouts for Moorpark residents are unrelated to the screening requirements; 2) reduction of greenhouse gas emissions is unrelated to screening requirements; 3) screening flexibility for the applicant does not result in benefit to the City of Moorpark or the community; and 4) challenges associated with obtaining financing and insurance if the project is required to be built within a building. Captain Dan Horton, Ventura County Fire Department, spoke regarding the challenges faced by fire personnel associated with lithium-ion battery technology, stating they carefully consider fire safety research and fires incidents to address concerns faced with regard to safety, suppression techniques, equipment, and exposures from lithium battery type fires. He noted fire response would not treat a battery fire the same as a regular house fire and Ventura County Fire would be available to engage and offer their safety recommendations for proposed battery storage projects. Brief comment/discussion took place regarding Moorpark being a fire-sensitive community; Ventura County Fire Department's collaboration, engagement, and mitigation in the design and screening of such facilities to assess fire threats including planning, density, ingress and egress; approach to these types of fires and fire service challenges; and accessibility effects on State Route 118. The public hearing was closed at 7:37 p.m. It was reconfirmed that, if denied, this application may not be resubmitted for one year. The public hearing was re-opened at 7:47 p.m. to allow the Applicant's attorney to address the Council regarding safety issues and allowing alternative screenings. The public hearing was closed at 7:49 p.m. MOTION: Mayor Enegren moved, and Councilmember Means seconded a motion to reject adoption of the Resolution. The motion carried by roll call vote 4-0, Councilmember Groff absent. 9. PRESENTATION/ACTION/DISCUSSION: A. Consider Presentation by Joon Kang, Assistant Division Chief, Caltrans District 7 Division of Program/Project Management regarding the State Route 118 and 23 Overpass. Staff Recommendation: Receive presentation. Minutes of the City Council/Successor Agency Moorpark, California Page 5 September 18, 2024 Mr. Brown introduced Joon Kang, Assistant Division Chief, Caltrans District 7 Division of Program/Project Management who gave the presentation. There were no speakers. CONSENSUS: It was the consensus of the City Council to receive and file the presentation. B. Consider Presentation by Deputy District Attorney Rikole Kelly with the Ventura County District Attorney's Office on Gun Violence Restraining Orders. Staff Recommendation: Receive presentation. Mr. Chong introduced Rikole Kelly, Deputy District Attorney, with the Ventura County District Attorney's Office who gave the presentation. There were no speakers. CONSENSUS: It was the consensus of the City Council to receive and file the presentation. 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Councilmember Means moved, and Councilmember Delgado seconded a motion to approve the Consent Calendar. The motion carried by roll call vote 4-0, Councilmember Groff absent. A. Consider Warrant Register for Fiscal Year 2024/25 — September 18, 2024. Staff Recommendation: Approve the warrant register. B. Consider Minutes of the City Council/Successor Agency Regular Meeting of June 5, 2024. Staff Recommendation: Approve the minutes. C. Consider Resolution Updating Moorpark City Transit's Title VI Program Plan and Rescinding Resolution No. 2021-4021. Staff Recommendation: Adopt Resolution No. 2024-4273, adopting an updated Title VI Program and rescinding Resolution No. 2021-4021. (ROLL CALL VOTE REQUIRED) D. Consider Authorizing the City Manager to Sign the Terms and Conditions of the EECBG Program Voucher and All Other Related Documents Required by the U.S. Department of Energy. Staff Recommendation: 1) Authorize the City Manager to sign the Terms and Conditions of the EECBG Program Voucher and all other related documents required by the U.S. Department of Energy for the grant. E. Consider Award of Agreement with Triton Technology Solutions, Inc. for Purchase of Equipment for Broadcast and Recording Systems for Council Chambers at New City Hall at Science Drive. Staff Recommendation: Award modified proposal to Triton Technology Solutions, Inc. for $292,000 for purchase of broadcast and recording hardware and systems; and authorize I Minutes of the City Council/Successor Agency Moorpark, California Page 6 September 18, 2024 the City Manager to sign agreement, subject to final language approval of the City Manager. 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 7:40 p.m. A. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant Exposure to Litigation pursuant to Paragraph (2) of Subdivision (d) of Government Code Section 54956.9 Number of cases to be discussed: One case Based on facts and circumstances in correspondence from Hershey Law dated March 20, 2024. Present in closed session for Item 12.A. were Councilmembers Castro, Delgado, Means, and Mayor Enegren; Troy Brown, City Manager; Kevin Ennis, City Attorney; PJ Gagajena, Assistant City Manager; Elizabeth Kessel, Kessel & Megrabyan; and Paul Zeglovitch, Liability Program Manager, California Joint Powers Insurance Authority. The Council reconvened into open session at 8:57 p.m. Mr. Brown stated Item 12.A. was discussed and there was no action to report. 13. ADJOURNMENT: Mayor Enegren adjourned the meeting at 8:57 p.m. C___ Chris R. En , Mayor ATTEST: Ky Sp gl r, Cit Jerk. 4,,,..,`Alpivir "" '6.IP 417t*„ •• At F„ auuy