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HomeMy WebLinkAboutMIN 2021 0505 CC SA REGMINUTES OF THE CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Moorpark, California May 5, 2021 A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency was held on May 5, 2021, 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 Parvin called the meeting to order at 6:32 p.m. 2. PLEDGE OF ALLEGIANCE: Commander Rick Lagowski of American Legion Post 502 led the Pledge of Allegiance. 3. ROLL CALL: Present: Absent: Staff Present: Councilmembers Enegren, Pollock, Groff and Mayor Parvin. Councilmember Castro. Troy Brown, City Manager; Kevin Ennis, City Attorney; PJ Gagajena, Assistant City Manager; Kambiz Borhani, Finance Director; Jeremy Laurentowski, Parks and Recreation Director; Brian Chong, Assistant to the City Manager; Daniel Kim, City Engineer/Public Works Director; Shaun Kroes, Public Works Manager; Michael Ramirez, Recreation Supervisor; Chris Thompson, Senior Information Systems Analyst; Captain Victor Fazio, Ventura County Sheriff's Office; and Blanca Garza, Deputy City Clerk II. 4. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation Declaring May 2021 as Military Appreciation Month in Moorpark. Mayor Parvin presented Commander Rick Lagowski of American Legion Post 502 and accompanying members with a Proclamation declaring May 2021 as Military Appreciation month in the City of Moorpark. B. Proclamation Recognizing May 15, 2021, as Police Officers' Memorial Day. Minutes of the City Council/Successor Agency Moorpark, California Page 2 May 5, 2021 Mayor Parvin presented Captain Victor Fazio, Ventura County Sheriff's Office, with a Proclamation declaring May 15, 2021, as Police Officer's Memorial Day in the City of Moorpark. 5. PUBLIC COMMENT: Dr. Jasprit Takher, Los Robles Regional Medical Center, announced the 2021 inaugural class of its Internal Medicine Residents Program at its teaching hospital is set to begin July 1, 2021, which will add to the quality care available and increase future opportunities to inspire, train and retain quality doctors within the community. 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 Groff reported on May 1 he attended the City of Moorpark's Earth Day event. Councilmember Groff and Councilmember Pollock reported on May 4 they attended the Moorpark Chamber of Commerce mixer at the Los Robles Imaging Center. Councilmember Pollock reported on April 29-30 he attended the League of California Cities Board of Directors meeting where they reviewed the League's strategic planning and decided it will be able to have an in-person conference in Sacramento on September 22-24, 2021. Councilmember Pollock reported on May 4 he attended a League of California Cities Legislative Briefing meeting they discussed a rundown of all the bills the League is watching and taking positions on. Councilmember Pollock reported on May 5 he attended the Southern California Association of Governments (SCAG) Executive Committee meeting and stated the SCAG Annual Regional Council and General Assembly meetings will take place on May 6 where they will approve the SCAG budget and discussed its legislative platform. He also briefly commented on Senate Bills 9 and 10 which pertain to housing and expressed potential concerns with the proposed bills. Mayor Parvin announced registration is now open for summer programs at the Arroyo Vista Recreation Center. A variety of classes and camps are offered including sports, STEM, arts and crafts, and more! For details, visit Moorparkca.gov/Recreation. Minutes of the City Council/Successor Agency Moorpark, California Page 3 May 5, 2021 Mayor Parvin announced the City of Moorpark needs residents' feedback on important questions as the City prepares the 2050 General Plan including types of commercial, residential and industrial development that should be prioritized over the next 30 years; what areas of the City would residents recommend for these uses; and in what ways can new development reflect our community character? She invited residents to attend the virtual community workshop on May 27 at 6:30 p.m. for a discussion regarding Moorpark's future and participate in a virtual land use mapping exercise. Resident's feedback will be used to recommendations for changes to the General Plan Land Use Map. Check out moorparkgeneralplan.com for meeting registration and additional information. Mayor Parvin announced the City Council is accepting applications for the appointment of Moorpark Teen Councilmembers for a one-year term beginning July 1, 2021, thru June 30, 2022. The Teen Council assists the City's Recreation Division with planning and implementing of Teen Programs. Teens entering grades 7 to 12 and live within the City limits are encouraged to apply. For more information, apply on-line at moorparkca.gov/serve. Mayor Parvin announced the Moorpark City Transit's Local Senior and ADA Dial- A-Ride service is temporarily open for anyone regardless of age or disability to schedule a trip to and from a COVID-19 vaccination appointment. The service is not available for "drive-thru" vaccination appointments. Service is available 6:00 a.m. to 6;00 p.m. Monday through Friday and 8:00 a.m. to 6:00 p.m. on Saturdays, excluding City holidays. To schedule a trip the day before your appointment call (805) 375-5467. Fares remain suspended; trips are free. Mayor Parvin announced the City Council is currently accepting applications for appointment to the Citizen Transportation Advisory Committee (CTAC), Ventura County Area Agency on Aging Advisory Council, Moorpark City Library Board, and Moorpark Teen Council. If you want to learn more about these appointments, please visit the City's website for information and the on-line application at moorparkca.gov/serve. If interested, apply to serve. Mayor Parvin reported she met with a Moorpark College intern; selected students for the scholarship awards for the Rotary Club of Moorpark; participated in the Moorpark Chamber Breakfast and a Mixer; participated in a Local Agency Formation Commission (LAFCo) meeting where the Commission discussed its annual draft budget noting Moorpark's allocation will be $6,748 this coming year; participated in the Boys and Girls Club Board of Director's meeting where it discussed the upcoming auction to be held on June 25; worked with Moorpark College Jazz Band on a special project in support of the performing arts; and attended Moorpark's Earth Day Event and Arbor Day Celebration at Arroyo Vista Community Park. A. City Manager COVID-19 Update. City Manager Brown noted there were no updates to report. Minutes of the City Council/Successor Agency Moorpark, California Page4 May 5, 2021 8. PUBLIC HEARINGS: None. 9. PRESENTATION/ACTION/DISCUSSION: A. Consider Resolution Authorizing the Execution of an "Agreement Regarding Recording of Easement and Covenant and Water Drainage Issues" Pertaining to the Villa Del Arroyo Mobile Home Park and Documents in Connection With the Refunding of Bonds Issued in 2011 Relating to the Park, Taking Related Actions and Making a Finding of Exemption Under the California Environmental Quality Act. Staff Recommendation: Adopt Resolution No. 2021-4004 authorizing the City Manager to: 1) execute the Agreement Regarding Easement and Covenants, 2) execute the acknowledgment to the Assignment and Assumption, the Estoppel Certificate and the 2021 Administration Agreement, subject to final language approval of the City Manager and City Attorney and the parameters set forth in the Resolution, and 3) make a finding of exemption under CEQA. Mr. Borhani and Mr. Brown gave the staff report. Mr. Brown noted there are some small revisions to the agreement titled, "Recording of Easement and Covenant, and Water Drainage Issues", specifically related to the liquidated damages clause provided in the Supplemental Staff Report. He noted the following two changes: Section 1, stamped page 33 was revised to state, "In the event that the Ventura County Recorder does not accept the Easement, the Covenant or both for recordation for any reason, it shall not affect the recordation of the other Documents, and the City and VOA (and any successor-in-interest) shall cooperate in good faith to make modifications to the Easement, the Covenant or both, as applicable, to conform to the Ventura County Recorder's requirements, and resubmit such modified Document(s) for recordation as soon as practicable; and Section 5, stamped page 34 that caps liquidated damages at $100,000 has been revised to add, "provided that the liquidated damages payable for a failure (or failures, if occurring concurrently) shall not exceed the cap of $100,000." A discussion and questions followed among Councilmembers and staff which focused on considering the following: 1) the peer review timeframe which was agreed for 36 months; 2) power shut off impacts; 3) wind issue impacts; and 4) adding additional language to Section 2 of the Agreement to state, "The peer review shall be completed within 36 months of receipt of the deposit." Minutes of the City Council/Successor Agency Moorpark, California Page 5 May 5, 2021 Susanne Taylor with Augusta Communities spoke and extended thanks to the Council for its approval of the refinancing, stated they will work diligently on the storm drain issue expressing agreement with the 36 month timeframe proposed, and extended an invitation to the Council to visit and tour the mobile home park. There were no additional speakers. MOTION: Mayor Parvin moved and Councilmember Enegren seconded a motion to adopt Resolution No. 2021-4004 authorizing the City Manager to: 1) execute the Agreement Regarding Easement and Covenants, as amended to add the revised language noted in the Supplemental Report and also include the peer review time line of 36 months of receipt of the deposit language, 2) execute the acknowledgment to the Assignment and Assumption, the Estoppel Certificate and the 2021 Administration Agreement, subject to final language approval of the City Manager and City Attorney and the parameters set forth in the Resolution, and 3) make a finding of exemption under CEQA with the adjusted changes. The motion carried by a roll call vote 4-0 with Councilmember Castro absent. B. Consider Discussion of Recommendations for 2021-2024 Youth Sports Organization Facility Use Agreements and Fees for Use of City Facilities. Staff Recommendation: 1) Approve Youth Sports Organization Use Agreements for the term of July 1, 2021 through June 30, 2024 with staff recommendations as contained in the agenda report and authorize the City Manager to sign the Agreements, subject to final language approval by the City Manager. Mr. Ramirez gave the staff report. A discussion and questions followed among Councilmembers and staff which focused on considering the following: 1) rates and fees scheduled to increase in Fiscal Year 2024-25 which is anticipated by the Youth Sports Organizations and will be incremental; and 2) loss of revenue to be made up by enabling staff to dedicate and invest their time on other events. There were no speakers. MOTION: Councilmember Pollock moved and Councilmember Groff seconded a motion to approve Youth Sports Organization Use Agreements for the term of July 1, 2021, through June 30, 2024, with staff recommendations as contained in the agenda report and authorize the City Manager to sign the Agreements, subject to final language approval by the City Manager. The motion carried by a roll call vote 4-0 with Councilmember Castro absent. Minutes of the City Council/Successor Agency Moorpark, California Page 6 May 5, 2021 C. Consider Resolution for the Approval of Final Tract Map No. 5906 -A-B Properties and Authorize the City Manager to Execute the Subdivision Improvement Agreement. Staff Recommendation: 1) Adopt Resolution No. 2021-4005, approving Tract Map No. 5906; 2) Authorize the Mayor and the City Clerk to sign Tract Map No. 5906; 3) Authorize the City Manager to execute the Subdivision Improvement Agreement, subject to final language, and accept the provided sureties for all improvements as required by the Subdivision Improvement Agreement; and 4) Authorize the City Clerk to record Tract Map No. 5906 in the office of the Ventura County Recorder. Mr. Kim gave the staff report. Mr. Kim confirmed the access road is a dirt road and is recommending a five year timeline for construction and development of the site due to constraints. A discussion and questions followed among Councilmembers and staff which focused on considering the following: 1) to file the Final Tract Map in the office of the City Engineer and hold off on its recordation; 2) confirmation that Lot 10 does create a connection to North Hills Parkway; 3) confirmation that every lot created will have adequate access to an improved route and is not landlocked, and that connections to the future North Hills property are provided for on the proposed map; 4) confirmation the Development Agreement prescribed restrictions on the percentage of property that can be developed without making road connection improvements, and provides the property can utilize the Edison access road to develop up to 40% of the tract's developable lots; development beyond 40% of the lots triggers improvement requirements for the future North Hills Parkway on the north and west property boundaries; 5) future connection to Gabbert Road is anticipated but is not part of A-B Properties required development responsibilities; however there are provisions in the Development Agreement that allow the developer to construct portions of North Hills Parkway beyond the tract boundary easterly towards Gabbert Road; 6) City Manager Brown noted there is a small segment of right-of-way east of the project required for construction of North Hills Parkway that the City has a responsibility to obtain and which will be done through the development of the Hitch Ranch project. The proposed project will likely develop up to 40% of the lots and the City will have either obtained the right-of-way or have the North Hills Parkway road constructed to allow development of the balance of the lots; and 7) the Subdivision Improvement Agreement providing for five years for the construction of project improvements. John Newton, representative for applicant A-B Properties, accompanied by owner Lisa Burns and engineer lmad Aboujawdah from Civil Design and Drafting, Inc., spoke, provided an extensive history on the project, Minutes of the City Council/Successor Agency Moorpark, California Page 7 May 5, 2021 discussed the duration of the settlement agreement with Southern California Edison noting there is a condition to pave and landscape the existing dirt access road, which will eventually be a secondary access emergency road. The settlement agreement requires the development of a new, primary two-lane access to North Hills Parkway in order to develop the lots to 70%. He noted the actions requiring completion are recordation of the Subdivision Improvement Agreement subject to final language approval, completion and recordation Covenants, Conditions & Restrictions (CC&Rs) and recordation of the Final Tract Map. He noted a future consideration regarding development of the planned underpass hinges on development of neighboring projects. MOTION: Mayor Parvin moved and Councilmember Pollock seconded a motion to 1) Adopt Resolution No. 2021-4005, approving Tract Map No. 5906; 2) Authorize the Mayor and the City Clerk to sign Tract Map No. 5906; 3) Authorize the City Manager to execute the Subdivision Improvement Agreement, as amended and subject to final language and that would include a language change to the completion period to five years, and accept the provided sureties for all improvements as required by the Subdivision Improvement Agreement; and 4) Authorize the City Clerk to record Tract Map No. 5906 in the office of the Ventura County Recorder. The motion carried by a roll call vote 4-0 with Councilmember Castro absent. D. Consider Presentation from Moorpark Police Services Department on the Moorpark Police Department 2020 Annual Report. Staff Recommendation: Receive verbal report from Chief of Police Fazio. Chief of Police Fazio gave the verbal annual report. A discussion and questions followed among Councilmembers and staff which focused on considering the following: 1) proposed staffing increases; and 2) commendations and acknowledgements to the Moorpark Police Department. CONSENSUS: It was the consensus of the Council to receive the verbal report from Chief of Police Fazio. 10. CONSENT CALENDAR: MOTION: Councilmember Pollock moved and Councilmember Enegren seconded a motion to approve the Consent Calendar. The motion carried by a roll call vote 4-0 with Councilmember Castro absent. A. Consider Warrant Register for Fiscal Year 2020/21 -May 5, 2021. Staff Recommendation: Approve the warrant register. Minutes of the City Council/Successor Agency Moorpark, California Page 8 May 5, 2021 B. Consider Minutes of Regular City Council/Successor Agency Regular Meeting of July 1, 2020. Staff Recommendation: Approve the minutes. C. Consider Minutes of Regular City Council/Successor Agency Regular Meeting of September 2, 2020. Staff Recommendation: Approve the minutes. D. Consider Resolution Approving the Preliminary Assessment Engineer's Report for the Landscaping and Lighting Maintenance Assessment Districts for the Fiscal Year 2021/22 and Providing Notice of Public Hearing on June 2, 2021. Staff Recommendation: 1) Set the Public Hearing date for June 2, 2021; and 2) Adopt Resolution No. 2021-4006. E. Consider Resolution Approving the Preliminary Assessment Engineer's Report for the Parks and Recreation Maintenance and Improvement Assessment District for the Fiscal Year 2021/22 and Providing Notice of Public Hearing on June 2, 2021. Staff Recommendation: 1) Set the Public Hearing date for June 2, 2021; and 2) Adopt Resolution No. 2021-4007. F. Consider 36-Month Equipment Lease and Maintenance Agreements with Toshiba America Business Solutions, Inc. for Six Color Copy Machines and One Black and White Copy Machine. Staff Recommendation: Authorize the City Manager to sign the Agreements, subject to final language approval by the City Manager. G. Consider Amendment No. 2 to Professional Services Agreement with CivicPlus for Website Design, Support, Maintenance, and Hosting. Staff Recommendation: Authorize the City Manager to sign Amendment No. 2 to the Professional Services Agreement with CivicPlus for website design, support, maintenance, and hosting, subject to final language approval by the City Manager. H. Consider Amendment No. 2 to Siemens Mobility, Inc., for Streetlight Turnkey Services for an Increase in the Amount of $17,834.07; and Consider a Budget Line-Item Adjustment of $21,911.95 from Expense Line 2415-311-00000-51000 to 2415-312-C0050-55200; and Consider a Partial Release of Retention in the Amount of $35,027.96. Staff Recommendation: 1) Authorize the City Manager to sign Amendment No. 2 to the Agreement with Siemens Mobility, Inc., increasing the not-to- exceed amount of $762,462.18 to $780,296.25, subject to final language approval of the City Manager; and 2) Approve a budget line-item adjustment transferring $21,911.95 from expense line 2415-311-00000- 51000 to expense line 2415-312-C0050-55200; and 3) Approve releasing retention of $35,027.96 to Siemens Mobility, Inc. (ROLL CALL VOTE REQUIRED) Minutes of the City Council/Successor Agency Moorpark, California Page 9 May 5, 2021 11. ORDINANCES: (ROLL CALL VOTE REQUIRED) None. 12. CLOSED SESSION: Mr. Brown requested the Council go into closed session for discussion of Items 12.A, 12.B, and 12.C. on the agenda. MOTION: Mayor Parvin moved and Councilmember Enegren seconded a motion to adjourn to closed session for Items 12.A, 12.B, and 12.C. on the agenda. The motion carried by a roll call vote 4-0 with Councilmember Castro absent. The time was 8:20 p.m. A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Properties: 1063 Walnut Canyon Road (511-0-030-300), 1073 Walnut Canyon Road (511-0-030-290), 1083 Walnut Canyon Road (511-0-030-280), 1095 Walnut Canyon Road (511-0-030-270), 1113 Walnut Canyon Road (511-0-030-260), 1123 Walnut Canyon Road (511-0-030-250), 1293 Walnut Canyon Road (511-0-040-140), and Agency Negotiator: Negotiating Parties: Under Negotiation: 1331 Walnut Canyon Road (511-0-040-120 & -130) Troy Brown, City Manager; and Brian Moncrief and Larry Kosmont, Kosmont Companies Undetermined at this time Price and terms of payment B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Properties: 500 Los Angeles Avenue (506-0-050-080) Agency Negotiator: Troy Brown, City Manager; and Brian Moncrief and Larry Kosmont, Kosmont Companies Negotiating Parties: Tom and Sarah Lindstrom Under Negotiation: Price and terms of payment C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Properties: 513-0-024-105 & 513-0-024-135 (Princeton Avenue) Agency Negotiator: Troy Brown, City Manager; and Brian Moncrief and Larry Kosmont, Kosmont Companies Negotiating Parties: Quail Capital Investment, LLC Under Negotiation: Price and terms of payment Minutes of the City Council/Successor Agency Moorpark , California Page 10 May 5, 2021 Present in closed session were Councilmembers Enegren , Groff, Pollock and Mayor Parvin ; Troy Brown, City Manager; Kevin Ennis, City Attorney ; PJ Gagajena , Assistant City Manager ; Jessica Sandifer , Community Services Manager; and Brian Moncrief, Senior Vice President of Kosmont Companies. The Council reconvened into open session at 9 :09 p .m. Mr. Brown stated Items 12.A, 12.B, and 12.C . were discussed and there was no action to report. 13 . ADJOURNMENT: Mayor Parvin adjourned the meeting at 9: 10 p .m. ~frf?~ JniceS.Parvin, Mayor ATTEST : Ky Spangler , City Clerk