City Council Minutes – November 8, 2023 Page 1 of 9
MINUTES
CITY OF CAMARILLO CITY COUNCIL
REGULAR MEETING
WEDNESDAY, NOVEMBER 8, 2023
CALL TO ORDER
The Mayor called the meeting to order at 4:00 p.m.
ROLL CALL
Council Present: Susan Santangelo, Mayor
Tony Trembley, Vice Mayor
Kevin Kildee, Councilmember
Martita Martinez-Bravo, Councilmember
David Tennessen, Councilmember
Staff Present: Greg Ramirez, City Manager
Carmen Nichols, Assistant City Manager
Kristy Buxkemper, City Clerk
Dave Klotzle, Public Works Director
Rachel Richman, City Attorney
Eric Tennessen, Police Department Commander
Mark Uribe, Finance Director
David Moe, Assistant Community Development Director
Carrie Weal, Assistant City Clerk
CLOSED SESSION
The City Attorney read the closed session item into the record. Council recessed to Closed Session.
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Government Code Section 54956.9 (d) (2) Relating to letters from Manatt on behalf of NUWI LLC, dated October 24, 2023, and November 7, 2023, regarding the City’s Triennial Review. Letters available with agenda. Number of Potential Cases: One B. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION Pursuant to Government Code Section 54956.9(d)(1) City of Camden, et al. v. 3M Company, Civil Action No.: 2:23cv03147RMG City of Camden, et al. v. E.I. DuPont De Nemours and Company et al., Civil Action No.: 2:23cv03230RMG 5:00 P.M. - CALL TO ORDER – OPEN SESSION
ROLL CALL
APPROVAL OF AGENDA
The agenda was approved.
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COUNCIL AND STAFF COMMENTS AND REPORTS
The Councilmembers reported on attendance at outside agency and Council committee meetings.
CONSENT CALENDAR
C. City Council Meeting Minutes
Approved the minutes of the regular meeting of October 25, 2023.
D. Disbursements
Adopted Resolution No. 2023-87 approving disbursements.
E. Adopt Ordinance 2014, an Ordinance of the City Council of the City of Camarillo, California, Amending Sections 19.5 5.030 and 19.32.040 and the Addition of Section 19.32.325 of the Camarillo Municipal Code to Implement State Law Related to Medicinal Cannabis
Adopted Ordinance 2014, which constitute d reading of the title as stated in the agenda and waiver of the reading of the Ordinance.
F. Camarillo Council on Aging (CCOA) Board Unscheduled Vacancy – Confirm Appointment to the Board
Appointed Karen Denove to fill an unscheduled vacancy on the Camarillo Council on Aging to fill the remainder of the term expiring on June 30, 2024.
G. Policy 1.01 City Council Reorganization, Committees, and Appointments Adopted the revised Policy 1.01 – City Council Reorganization, Committees, and Appointments.
H. Amending Resolutions to the Classification and Compensation Plan for City and Camarillo Sanitary District Employees
Adopted Resolution No. 2023-88 amending the Classification and Compensation Plan for City employees, effective November 8, 2023.
I. Agreement with Complete Paperless Solutio ns (CPS) for Laserfiche Cloud Document Management System
1. Authorized the City Manager to execute Professional Services Agreement No. 2023-137 with Complete Paperless Solution in the amount of $143,034 for the Laserfiche Cloud Document Management System and authorized a contingency in the amount of $14,303 for a total agreement authorization of $157,337; and
2. Authorized City Manager to execute future amendments to the agreement for unforeseen additional services up to the authorized contingency amount.
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J. RPD-189M(3) Williams Homes (southwest corner of Petit Street and Village at the Park Drive) – Resolution Accepting Public Improvements, Warranty Security, and Exonerating Performance Securities
Adopted Resolution No. 2023 -89 accepting public improvements, warranty securities, and exonerating performance securities for RPD-189M(3).
K. Annual Resurfacing (Project No. ST-5017) – Exonerate Warranty Securities
1. Found that Project No. ST -5017 is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Article 19 Categorical Exemptions Section 15301 Class 1; and
2. Adopted Resolution No. 2023-90 exonerating warranty securities for Annual Resurfacing - Project No. ST-5017 with Pavement Coatings Co.
L. Road Rehabilitation Project (Project No. ST-5123) – Authorization to Solicit Bids for Construction
1. Found that Project No. ST -5123 is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Article 19 Categorical Exemptions Section 15301 Class 1; and
2. Adopted Resolution No. 2023 -91 approving Road Rehabilitation Project – Project No. ST -5123, the plans, specifications, notice inviting bids, and authorizing staff to invite bids.
M. Treated Water Diversion – North Pleasant Valley Groundwater Desalter (Project No. MC-2023-5) – Award Construction Contract
1. Found that Project No. MC-2023-5 is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Article 19 Categorical Exemptions Sections 15301 Class 1; and
2. Adopted Resolution No. 2023-92 approving Treated Water Diversion – North Pleasant Valley Groundwater Desalter – Project No. MC-2023-5; approving the Project plans and specifications; and proceeding with construction of the project; and
3. Authorized the City Manager to execute Public Works Contract No. 2023-149 with Travis Agricultural Construction, Inc. in an amount not -to-exceed $81,650, and authorized a contingency in the amount of $12,500, for a total contract authorization of $94,150; and
4. Authorized the City Manager to execute future contract change orders to the contract for unforeseen additional work up to the authorized contingency amount; and
5. Authorized the City Manager to execute Professional Services Agreement No. 2023 -150 with Filippin Enginee ring, Inc. in an amount not -to-exceed $30,200 for construction management and inspection services, and authorized a contingency in the amount of $4,550, for a total agreement authorization of $34,750; and
6. Authorized the City Manager to execute future amendments to the agreement with Filippin Engineering, Inc. for unforeseen additional services up to the
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authorized contingency amount.
N. Vehicle Purchase AS-2023-3 - Units #5, #54, #55, #30, #92, #14 and #16
1. Found the vehicle purchases exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines; and
2. Authorized City Manager to execute the quotes for AS-2023-3, Units #5, #54, #55, #30, #92, #14 and #16 from National Auto Fleet Group in the amount of $254,135; and authorize d a contingency up to $63,535 for a not to exceed total of $317,670; and
3. Approved the purchase of up to two fully electric zero-emission vehicles for a total amount not to exceed $100,000, including the contingency; and
4. Authorized City Manager to execute future change orders or documents as necessary up to the authorized contingency amount.
O. Camarillo Train Station Undercrossing (Project No. ST -14-05) – Environmental Review Determination
1. Found that the Project qualifies for a Statutory Exemption under CEQA Guidelines Sec tion 15275(a) and Public Resources Code Section 21080(b)(10) since the project constitutes a modernization of an existing station and parking facility; and
2. Authorized the City Manager to file a Notice of Exemption with the County.
MOTION to approve Items C through O.
Vice Mayor Trembley moved, Councilmember Martinez-Bravo seconded.
Yes: Kildee, Martinez-Bravo, Santangelo, Tennessen, Trembley No: None
DISCUSSION ITEMS
P. City Hall Council Chambers Remodel (Project No. CH -09-01) – Award Construction Contract
Public Works Director Klotzle presented a PowerPoint reviewing the project.
MOTION to approve the following recommended actions:
1. Found that Project No. MC20235 is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Article 19 Categorical Exemptions Section 15301 Class 1 Existing Facilities; and
2. Authorized an appropriation of $3,279,342 for the construction contract, professional services agreement, amendment, and contingencies in the Capital Improvement Projects Fund, 410-8510-485-92.41 and Project CH-09- 01 from available Capital Improvement Projects Fund Balance; and
3. Authorized a transfer into the Capital Improvement Projects Fund of $2,350,978 from available Cable PEG fees; and
4. Waived the minor bid irregularity and authorized the City Manager to execute Public Works Contract No. 2023 -146 with Pre Con In dustries, Inc. in an
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amount not -to-exceed $2,533,903.58, and authorize d a contingency in the amount of $381,000, for a total contract authorization of $2,914,903.58; and
5. Authorized the City Manager to execute future contract change orders to the contract for unforeseen additional work up to the authorized contingency amount; and
6. Authorized the City Manager to execute Professional Services Agreement No. 2023-147 with Willdan Engineering in an amount not-to-exceed $227,544 for construction management and i nspection services, and authorize d a contingency in the amount of $34,500, for a total agreement authorization of $262,044; and
7. Authorized the City Manager to execute Professional Services Agreement No. 2020-1A with Ravatt, Albrecht, & Associates, Inc. in an amount not -to- exceed $88,893.55 for additional design support services during construction, and authorize d a contingency in the amount of $13,500, for a total agreement authorization of $369,952.55; and
8. Authorized the City Manager to execute future am endments to the agreements with Willdan Engineering and Ravatt, Albrecht, & Associates, Inc. for unforeseen additional services up to the authorized contingency amounts.
Vice Mayor Trembley moved, Councilmember Tennessen seconded.
Yes: Kildee, Martinez-Bravo, Santangelo, Tennessen, Trembley No: None
PUBLIC HEARINGS
Q. Addendum to the Final Subsequent Environmental Impact Report (SEIR) No. 2014-08, General Plan Amendment (GPA) 2019 -1, Airport North Specific Plan Amendment, and Change of Zone (CZ) No. 335
Senior Planner McClaren presented a PowerPoint reviewing the history of the project and the request to change the zoning.
PUBLIC HEARING OPENED
Dennis Hardgrave, representing the applicant, explained the need to change the zoning due to market changes and noted the change supports the City’s Economic Strategic Plan.
Hearing no further requests to speak, either for or against the item, the Mayor declared the PUBLIC HEARING CLOSED.
MOTION to approve the following recommended actions:
1. Found that an SEIR 2014 -8 was previously approved and no further CEQA review is required pursuant to CEQA Guideline 15162; and
2. Authorized the City Manager to execute and have recorded a Termination of Agreement 2016 -56 and First Amended Agreement 2016 -56A regarding General Plan Amendment and Zone Change by and between the City of
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Camarillo and Springville, LLC; and
3. Adopted Resolution No. 2023-93 approving an Addendum to the Subsequent Environmental Impact Report (SEIR) No. 2014-8; and
4. Adopted Resolution No. 2023-94 approving a General Plan Amendment GPA 2019-1, to change the Land Use Element designation from General Commercial to Industrial (R&D) for 26.1 acres; and
5. Adopted Resolution No. 2023-95 approving an amendment to the Airport North Specific Plan, to change the Land Use designation from General Commercial to Industrial (R&D) for 26.1 acres; and
6. Introduced Ordinance No. 2015 approving a Change of Zone of an approximately 26-acre site located South of the U.S. 101 freeway, West of Springville Drive, North of the Camarillo Airport, and just East of West Ventura Boulevard from Commercial Planned Development (CPD) to Limited Manufacturing (LM), further described as Change of Zone CZ-335.
Vice Mayor Trembley moved, Councilmember Tennessen seconded.
Yes: Kildee, Martinez-Bravo, Santangelo, Tennessen, Trembley No: None
R. Zoning Ordinance Amendment to CMC Chapter 19.65 Home Occupations Economic Development Coordinator Winkler presented the report on this item that proposed an amendment to Chapter 19.65 by removing inspection requirements and the requirements for multifamily property owner permission for home office-based businesses.
PUBLIC HEARING OPENED
Hearing no requests to speak, either for or against the item, the Mayor declared the PUBLIC HEARING CLOSED.
MOTION to Introduce Ordinance No. 2016, which constitutes reading of the title as stated in the agenda and waiver of the reading of the Ordinance An Ordinance of the City Council of the City of Camarillo, California, Amending the Camarillo Municipal Code Chapter
19.65 for Home Occupations.
Councilmember Kildee moved, Councilmember Martinez-Bravo seconded.
Yes: Kildee, Martinez-Bravo, Santangelo, Tennessen, Trembley No: None
Mayor Santangelo requested the meeting be adjourned in memory of the Borderline 12 victims. She requested a moment of silence n their honor.
The City Council recessed for a brief break.
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GENERAL PUBLIC COMMENTS
The following people addressed the City Council regarding airport noise: Lauren DeLaTorre, Renee Hatcher, Cindy Dow, and Director of Airports Keith Freitas.
DISCUSSION ITEM
S. Triennial Review of Referral for NUWI Camarillo, LLC This item was continued from the October 25, 2023, City Council meeting.
The following people addressed the Council and provided public testimony on this item:
Milton Dorsey, Stephen Muir, Sara Soudani, Trevor Zierhut, Mark Krebs, Ron Kester, Gary Lewis, Bobby Heath, Michael Stedman, Gerry Wilson, Ted Elliott, Mike Mishler, Glen Bacera, Cheryl Novak, Keith Roberts, Christin e Roberts, Halcyon Hamel, Jacob Lusk, Jerry Schrum, Gary Thrasher, Mark Berlin, Cheryl Sims, Ken Walters, Sharon Ball, John Gardner, Laura Sullivan, Ted Koupal, Robert Levine, Joan Frank, Bill Camarillo, John Parsons, Charlotte Craven, Ken (no last name provided), Alfonso Pertierra Boto
The following people submitted non-verbal comment cards on this item:
Phyllis Grisham Garcia, Donald Garcia, Dean Garcia, Karen Dworsky, Andrew Cromer, Katrina Sutton, Stuart Krieger, Barbara Gzyl, Gabriel Magyar, Kien Jetton, Katia Wrigh, Don Christl, Joan Frank, Cheryl Harwood, Lauren Yamamoto, John Petit, Judy Petit, JoAnn Iaccino, Lisa Stedman, Rita Elliott, Sandy Wilson, Linda Toutz, Faith LaPlant -Salas, Ken Soudani, Laraine Benyo, Bruce Johnson, Cindy Kester, Tony Cappa relli, Christine Ouzounian, Caron Roberg, Ellen Owens, Jackson Stimer, Max Fowler, Ristin Wilson, Beth Blatchley, Sylvia Schnopps, Kathy Wertheim, Robert Blatchley, Debbie Garrison, Tyler Mantei, Benin Mora, Rita Mora, Alfonso Pertierra Boto, Vicki Theisen , Pierre Forgette, Lucy Gardener, Susan Starrett, Jonathan Severn, Vicky Andreini, Pat Lopez, Jack Geary, T.S. Capparelli, Kaden Lilienthal, Susan King, Darryl Joynt, Chris & Becky Clark
The City Council recessed for a brief break.
The Council asked clarifying questions about the City Council Policy on General Plan Referrals and their legislative authority to continue or rescind the review .
The City Attorney confirmed it was within the Council’s legislative authority to either continue or rescind the referral.
Additional questions, concerns, and comments were expressed pertaining to the General Plan Referral including:
Negative impacts to the General Plan Elements and policies; Feasibility of the hydrology plan and the risk of utilizing mechanical flap gates in lieu of providing an unobstructed emergency overflow spillway; Validity of whether properties could potentially be removed from the flood
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zone;
Ability to safely evacuate the area during hazards and emergencies; Confirmation the project was not included in the recently adopted Housing Plan and was not needed for the State’s Regional Housing Needs Allocation (RHNA numbers); and
Concerns related to confirmed Chumash cultural resources in the area.
City Attorney Richman, Planning Manager Lee, Public Works Director Klotzle, Consultant Hasan Kasraie, and Cadence Environmental Consultant Michael Brown, were available to answer the questions.
Council appreciated the work of NUWI, LLC and further discussed many concerns they had with the requested Gen eral Plan Amendment Referral that contemplates a change to the land use map that would remove 31 acres of golf course open space to allow for residential uses . They expressed numerous concerns regarding the safety and welfare of residents, some of which included:
The hydrology plan does not provide an unobstructed emergency overflow spillway and the proposed flap gates could fail if not adequately maintained , which could potentially place residents at risk;
The area is prone to natural disasters and has a limited route for evacuations that could be further negatively impacted by additional homes and residents; The permanent loss of 31 acres of open space and recreational land and other negative impacts to the General Plan policies that impacts the entire City.
With all of the noted concerns, the Council discussed the General Plan Referral request was not in the best interest of residents of the City. The City Council unanimously supported consideration of a resolution rescinding the General Plan Amendment for NUWI Camarillo, LLC.
MOTION to approve the following recommended actions:
1. Find the Triennial Review of the Referral for NUWI Camarillo, LLC is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15061(b)(3).
2. Request a Resolution of Recission for the Referral for NUWI Camarillo , LLC, as provided for under City Council Policy 7.01.E , be placed on the December 13, 2023, meeting.
Vice Mayor Trembley moved, Councilmember Tennessen seconded.
Yes: Kildee, Martinez-Bravo, Santangelo, Tennessen, Trembley No: None
CLOSED SESSION REPORT
City Attorney Richman indicated there was no reportable action from the Closed Session.
ADJOURN
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The meeting adjourned at 9:38 p.m. in memory of the Borderline Victims.
ATTEST:
Mayor
City Clerk