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HomeMy WebLinkAboutMIN 2025 0521 CC REG MINUTES OF THE CITY COUNCIL OF THE CITY OF MOORPARK Moorpark, California May 21, 2025 A Regular Meeting of the City Council of the City of Moorpark was held on Wednesday, May 21, 2025, at 6:30 p.m. in the Council Chambers of said City located at 323 Science Drive, 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: Mayor Pro Tern Delgado led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Barrett, Castro, Delgado, 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; Hiromi Dever, Finance Director; Jeremy Laurentowski, Parks and Recreation Director; Doug Spondello, Community Development Director; Michelle Woomer, Senior Management Analyst; Jessica Sandifer, Deputy Parks and Recreation Director; Chris Ball, Senior Management Analyst; Carolina Tijerino, Human Resources Manager; Chris Thompson, Senior Information Systems Administrator; Division Chief Tony Occhipinti, Ventura County Fire Department; Chief of Police Nick Odenath, Ventura County Sheriff's Office; Blanca Garza, Deputy City Clerk II; and Ky Spangler, City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation Declaring May 18 to 24, 2025, as Public Works Week. Mayor Enegren presented Proclamation to Public Works Technician Jose Zaragoza, declaring May 18 to May 25, 2025, as Public Works Week. 5. PUBLIC COMMENT: Mike Houser, resident of Camarillo and New West Symphony co-Chair extended an invitation to the Summerfest Concert and Dinner fundraiser event in Moorpark and noted additional information is available at their website: newwestsymphony.org. Minutes of the City Council Moorpark, California Page 2 May 21, 2025 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 Means reported on May 20 he attended the Mayor's Business Appreciation luncheon. Councilmember Castro reported on May 10 he attended the Apricot Festival. Councilmember Castro reported on May 12 he and the Mayor attended the Transportation and Public Works Standing Committee meeting. Councilmember Castro reported on May 20 he attended the Mayor's Business Appreciation luncheon. Councilmember Delgado reported on May 8 she attended the Moorpark Young Professionals lunch along with Councilmember Barrett. They meet monthly on the second Thursday at different restaurants throughout town. Councilmember Delgado reported on May 9 she attended the ribbon cutting for Aspire Broadband along with other Councilmembers. Councilmember Delgado reported on May 10 she attended the Apricot Festival. Councilmember Delgado reported on May 14 she attended the Moorpark Chamber of Commerce Board meeting. Councilmember Delgado reported on May 15 she attended the Ventura County Animal Services Commission meeting where they discussed the new spay and neuter mobile clinic that has been acquired by the County and upcoming adoption events to clear the shelters. Councilmember Delgado reported on May 15 she attended the Economic Development Collaborative Board meeting along with Economic Development Manager Bandek where they reviewed the dozens of programs available to assist small businesses. Councilmember Delgado reported on May 20 she along with all Councilmembers attended the 4th Annual Mayor's Business Appreciation luncheon. Councilmember Barrett reported on May 8 he attended the Moorpark Young Professionals lunch. Councilmember Barrett reported on May 9 he attended the Aspire Broadband ribbon cutting. Minutes of the City Council Moorpark, California Page 3 May 21, 2025 Councilmember Barrett reported on May 10 he attended the Apricot Festival. Councilmember Barrett reported on May 14 he attended the Chamber of Commerce Board meeting and noted that 28 new members have joined so far this year. Councilmember Barrett reported on May 15 he attended the Chamber of Commerce Topic on Tap which featured representatives from Moorpark College, Moorpark Unified School District, and California State Channel Islands who shared information about education and business. Councilmember Barrett reported on May 20 he attended the Mayor's Business Appreciation luncheon. Mayor Enegren reported on May 9 he attended the Aspire Broadband ribbon cutting. Mayor Enegren reported on May 10 he attended the Apricot Festival. Mayor Enegren reported on May 15 he attended the Ventura Council of Governments (VCOG) meeting which was the last meeting for Executive Director Hugh Riley and first for new Executive Director David Pollock. Mayor Enegren reported on May 20 he attended the Mayor's Business Appreciation luncheon. Mayor Enegren announced registration is open for summer camps at the Arroyo Vista Recreation Center. For details on summer camps, visit the City's website. Mayor Enegren announced Movies in the Park kicks off on Saturday, June 14 with a screening of The Wizard of Oz. Movies are shown at the Arroyo Vista Community Park starting at sunset. Admission is free and food is available for purchase. For details including this summer's schedule, visit the City's website. Mayor Enegren announced the City Council is now accepting applications for appointment to the Moorpark Library Board for two positions for three-year terms ending June 30, 2028. Applications must be received no later than 5:30 p.m. on Monday, May 26, 2025. Mayor Enegren announced the City Council is now accepting applications for appointment to the Moorpark Teen Council for a 10-month term beginning on September 1, 2025, and ending on June 30, 2026. Applications must be received by 5:00 p.m. on Monday, June 16. 8. PUBLIC HEARINGS: None. Minutes of the City Council Moorpark, California Page 4 May 21, 2025 9. PRESENTATION/ACTION/DISCUSSION: A. Consider Approval of Plans and Specifications and; Authorization to Advertise for Bids for New Moorpark City Library Project at 83 High Street; and Making a Determination that this Action is Consistent with a Previously- Certified Final Environmental Impact Report (FEIR) Pursuant to the California Environmental Quality Act in Connection Therewith. Staff Recommendation: 1) Find the Plans and Specifications for the Library Project are consistent with the Project evaluated in the Final EIR for the Moorpark City Library Project and that no further or additional environmental review is required; and 2) Approve the plans and specifications for the New Moorpark City Library Project; and 3) Authorize staff to advertise for bids. Mr. Laurentowski gave the staff report and PowerPoint presentation. Brief questions followed from Councilmembers regarding confirmation that existing grant funding is secure; staff confirmed that$6M in grant funds exist at this time and that the official name of the facility will be the Moorpark Library. There were no speakers. MOTION: Mayor Enegren moved, and Councilmember Delgado seconded a motion to 1) find plans and specifications for the Library Project are consistent with the Final EIR; 2) approve the plans and specifications for the New Moorpark Library Project; and 3) authorize staff to advertise for bids. The motion carried by unanimous voice vote. B. Evaluate the Adequacy of Current Zoning Regulations Related to Commercial Battery Energy Storage Systems (BESS). Staff Recommendation: Discuss and provide direction to staff on Commercial Battery Storage Systems and: 1) Provide confirm that BESS facilities remain a desired use within the City of Moorpark as outlined in the existing Zoning Code; or 2) Direct staff to prepare updates to the Zoning Ordinance to: a) Address specific changes desired to the specific locations or zones within the City where this use should be considered; and b) Identify any specific development requirements that should be established specifically for BESS facilities. Mr. Spondello gave the staff report and PowerPoint presentation. Questions followed among Councilmembers and staff, which focused on: 1) clarification on the meaning of "large scale battery backups" versus backups for one industrial complex or building; large scale battery backups are a primary use of a property rather than a backup for a single property or user; 2) clarification on the differences between battery "backups" versus battery "storage"; it was noted that battery storage facilities do not benefit the City or assist during Public Safety Power Shutoff(PSPS) events; 3) staff Minutes of the City Council Moorpark, California Page 5 May 21, 2025 noted the California Energy Commission definition for "opt-in" projects to provide an overall "net positive" economic benefit is unclear; 4) confirmation that during the General Plan approval, the Council prohibited self-storage in certain zones, including the Industrial-Flex zone where batteries are currently permitted inside of a building as a conditional use; and 5) question regarding the timing of purchase of the Hecate and Prologis properties, their involvement during the General Plan update and belief the Hecate/AB Properties transfer had occurred prior to the approval of the General Plan. Daniel Groff, Moorpark resident, expressed concerns about battery storage facilities in Moorpark given the City's high fire zones, noting placement must be carefully considered. He urged the Council to prioritize public health and safety by banning within the City limits, citing risks to residents, emergency services, long-term safety, and environmental impacts. Jacob Morgan with Prologis spoke in support of energy storage in Moorpark, noting such projects help with reducing PSPS shutoffs. He stated that new safety standards (SB 283, NFPA 855, UL 9540) now require safer lithium iron phosphate (LFP) battery technology, along with active monitoring, maintenance, and annual safety inspections. He commented that projects like Moss Landing used outdated technology that contributed to battery fires. Alex Perlman with Prologis spoke in favor of the staff recommendation to preserve battery storage as a conditional use in order to ensure design standards and screening align with the goals of the community. He further commented that the expected property tax revenue from a 500-megawatt site could generate $5M to $6M a year for the community, while minimizing impacts on traffic, water, and public works. Kim Snyder with Prologis spoke to share information about Prologis, its employees, and the business culture and goals of this New York stock exchange-traded company. He noted Prologis is a major rooftop solar generator and is expanding into battery storage to support renewable energy reliability. He emphasized the company's long-term commitment to communities and its focus on safe project design to minimize impacts, and urged approval of a conditional use. James Rasmussen, residential developer of the North Ranch project located north of the proposed project, spoke in favor of land use, commenting that he has seen site plan, and it does not negatively impact views. He further remarked the revenue from such a project is a positive component, as is the site's proximity to the Edison substation. Blake Rasmussen, residential developer of the North Ranch project located north of the proposed project spoke in favor of the use and noted it Minutes of the City Council Moorpark, California Page 6 May 21, 2025 generates significant revenue and expressed the opinion that the site is far away from the North Ranch development that it will not interfere it. Mr. Spondello shared additional details on "public benefit" which may include to any of the following: employment growth, housing development, infrastructure, environmental improvements, assistance to public schools and education, assistance to public safety agencies and departments, property taxes, and sales and use tax revenue. Clarification regarding the tax revenue quoted by Prologis was provided, noting the reference was to increased property tax as a result of improvements made to the property. Council expressed serious concerns about safety, unknowns about the new technology, the limited number industrial sites remaining within the City, and the need for job-generating sites, noting it is misleading to state PSPS events will be alleviated as a result of energy storage as no electricity is being delivered during a PSPS event. Responsive to Council inquiry, Chief Occhipinti, Ventura County Fire Department provided responses to Council questions concerning batteries generally and battery energy storage facilities, stating that the fire service industry continues to look at methods and technologies to mitigate the risks of fighting fires at such facilities. He further commented on various implications from battery storage fires including generation of hazardous materials; long-term remediation efforts may be required after an incident with other fire mitigation cost recovery only coming from FEMA. Chief Occhipinti shared information on other indoor and outdoor battery storage facility fire incidents. Council expressed concerns regarding placing a battery energy storage system near residential zones and commented on the intentional, conscious land use choices made during the General Plan update process to preserve industrial sites for uses that support employment generation. Although future technological advancements may improve battery safety, it was the consensus of the Council that, at this time, the risks of battery energy storage land uses outweigh the potential cost benefits of increased property tax revenue resulting from land improvements. MOTION: Mayor Enegren moved, and Councilmember Means seconded a motion to direct staff to prepare a zoning ordinance amendment to prohibit energy storage uses Citywide by removing the conditional use from the four zones currently allowed (M-1, M-2, I, and I-F), and return to the Council for consideration and adoption following recommendation by the Planning Commission. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 7 May 21, 2025 C. Consider High Street Depot Public Art Concept Proposal and Making a Determination of Consistency with a Previously Approved Mitigated Negative Declaration Pursuant to the California Environmental Quality Act in Association Therewith. Staff Recommendation: Approve the Concept Proposal for the High Street Depot public art and determination of consistency with a previously approved Mitigated Negative Declaration. AT THIS POINT in the meeting, Mayor Enegren announced his recusal from participation because this item involves public art for the High Street Depot project with whom he has had discussions about future uses on the site, and left the dais. The time was 8:07 p.m. Mr. Ball gave the staff report and provided a PowerPoint presentation. Questions followed among Councilmembers and staff, which focused on: 1) Council's discretion to approve, reject, or modify one, any or all of the proposed artwork was discussed, with City Manager Brown stating Council has full discretion on the approval and stating the requirement is to spend 1% of project's valuation on the public art; 2) City Attorney Ennis confirmed there are no concerns or restrictions with the familial relationship of the artist to developer; 3) the Arts Commission encouraged the developer to incorporate the human elements and stories of Moorpark into the artwork, such as Egg City and include additional information on the explanatory plaque; 4) it was noted that the rail image shown in the 16 x 16 mural was not a clear depiction and Council requested redesign. Vince Daly, developer of the High Street Depot, spoke to comment on the art pieces, and introduced his brother Tim Daly. Tim Daly spoke to elaborate on elements of the art pieces, some which include functional aspects such as lighting and banner displays. The Egg City mural and what the depiction should include was discussed. There were no further speakers. Discussion among Council continued specifically with respect to "The Rail" and the "Egg City" murals. Council provided guidance and suggestions to the developer regarding Egg City including direction to, in some fashion, reflect elements of the human experience associated with Egg City. Suggestions were also provided on "The Rail" mural to reimagine the image and possibly incorporate agricultural heritage elements, people and/or animals so it is not just the rail. It was noted that the developer would require relief from the project condition requiring artwork to be installed prior to issuance of a certificate of occupancy. Council further directed that the revised murals be considered by the Arts Commission prior to returning to Council for final approval. Minutes of the City Council Moorpark, California Page 8 May 21, 2025 There were no additional speakers. MOTION: Councilmember Delgado moved, and Councilmember Means seconded a motion to approve the Concept Proposal for the High Street Depot public art with the exception of "The Rail" and "Egg City" murals, with direction to incorporate additional elements into both pieces, and present the revised proposals to the Arts Commission prior to returning for Council approval. (Emphasis was given to include additional elements into "The Rail" mural and to include elements depicting the human experience into the Egg City mural). Delay of the complete public art installation shall not delay issuance of the certificate of occupancy. The motion carried by voice vote 4-0, Mayor Enegren recused. 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 unanimous roll call vote. A. Consider Warrant Register for Fiscal Year 2024/25 — May 21, 2025. Staff Recommendation: Approve the warrant register. B. Consider Agreement with Rotary Club of Moorpark for Use of Veterans Memorial Park. Staff Recommendation: 1) Authorize the City Manager to execute an Agreement between the City of Moorpark and Rotary Club of Moorpark for Use of Veterans Memorial Park, subject to final language approval of the City Manager; and 2) Waive all rental fees associated with the provision of services under the Agreement. C. Rejection of Claim for Travis Schimmer. Staff Recommendation: Reject the claim and direct staff to send a standard rejection letter to the claimant and his attorneys. 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Brown requested the City Council go into closed session for consideration of Items 12.A, 12.B, and 12.C. on the agenda. The time was 8:37 p.m. A. PUBLIC EMPLOYMENT Pursuant to Government Code Section 54957(b) Title: City Manager Minutes of the City Council Moorpark, California Page 9 May 21, 2025 B. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6 Agency Designated Representatives: Kevin Ennis, City Attorney; Carolina Tijerino, Human Resources Manager; and Greg Nelson, Mosaic Public Partners Unrepresented Employee: City Manager position C. CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Significant Exposure to Litigation pursuant to Paragraph (2) of Subdivision (d) of Government Code 54956.9 Number of cases to be discussed: One case Based on facts and circumstances in correspondence from Simas & Associates Ltd. dated May 5, 2025 Present in closed session were Councilmembers Barrett, Castro, Delgado, Means and Mayor Enegren; present in closed session for Item 12.C. were Troy Brown, City Manager; Kevin Ennis, City Attorney; PJ Gagajena, Assistant City Manager; and Brian Chong, Assistant to the City Manager. Mr. Brown, Mr. Gagajena, and Mr. Chong left the meeting at 8:55 p.m. At that time, Carolina Tijerino, Human Resources Manager, and Greg Nelson with Mosaic Partners (via Zoom), joined the meeting for Items 12.A. and 12.B. on the agenda. The Council reconvened into open session at 9:23 p.m. Mr. Ennis stated Items 12.A, 12.B, and 12.C. were discussed and there was no action to report. 13. ADJOURNMENT: Mayor Enegren adjourned the meeting at 9:23 p.m. Chris R. Enegren, Mayor ATTEST: Api Ky Spa Ier, City rk c .(+}� D