HomeMy WebLinkAboutMIN 2021 0901 CC SA REGMINUTES OF THE CITY COUNCIL AND
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK
Moorpark, California September 1, 2021
A Regular Meeting of the City Council of the City of Moorpark and the Successor
Agency was held on September 1, 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 6:37 p.m.
2. PLEDGE OF ALLEGIANCE:
Finance Director Kambiz Borhani led the Pledge of Allegiance.
3. ROLL CALL:
Present:
Staff Present:
Councilmembers Castro, Enegren, Groff, Pollock, and Mayor
Parvin.
Troy Brown, City Manager; Kevin Ennis, City Attorney;
PJ Gagajena, Assistant City Manager; Kambiz Borhani,
Finance Director; Brian Chong, Assistant to the City
Manager; Daniel Kim, City Engineer/Public Works Director;
Douglas Spondello, Interim Community Development
Director; Shaun Kroes, Public Works Manager; Jessica
Sandifer, Community Services Manager; Freddy Carrillo,
Associate Planner II; Mackenzie Douglass, Program
Manager; Chris Ball, Senior Management Analyst; Chris
Thompson, Senior Information Systems Administrator;
Captain Victor Fazio, Ventura County Sheriffs Office; and Ky
Spangler, City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Proclamation Recognizing Amanda Longan, 2020 Olympic Gold Medalist
in USA Women's Water Polo.
Mayor Parvin presented Moorpark resident Amanda Longan with a
Proclamation recognizing her as a 2020 Olympic Gold Medalist In
USA Women's Water Polo.
B. Proclamation Recognizing Outgoing Ventura County Transportation
Commission Executive Director Darren Kettle for his Contributions to
Ventura County and the City of Moorpark.
Minutes of the City Council/Successor Agency
Moorpark, California
Page 2 September 1, 2021
Mayor Parvin presented Darren Kettle, outgoing Ventura County
Transportation Commission Executive Director, with a Proclamation for his
contributions to Ventura County and the City of Moorpark.
5. PUBLIC COMMENT:
None.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
CONSENSUS: It was the consensus to pull Consent Calendar Item 1 O.L. for individual
consideration upon the request of Mayor Parvin.
7. ANNOUNCEMENTS, FUTURE AGENDA
MEETINGS/CONFERENCES ATTENDED
MAYOR:
ITEMS, AND REPORTS ON
BY COUNCILMEMBERS AND
Councilmember Enegren reported on August 18 he attended the Ventura County
Sheriff's Academy Use of Force training and participated in Simulator training,
and remarked on the challenges faced by officers.
Councilmember Enegren reported on August 20 he participated in a special
meeting of the Ventura County Transportation Commission to discuss hiring of a
new Director.
Councilmember Enegren reported on August 20 he attended the Moorpark
Chamber of Commerce networking breakfast.
Councilmember Enegren reported on August 25 he attended the all City
employee briefing.
Councilmember Pollock reported he also attended the Ventura County Sheriff's
Academy Use of Force and Simulator trainings and extended thanks to Captain
Fazio for the briefing on matters officers must consider in use of force situations.
Councilmember Castro reported on August 3 he attended the ribbon cutting at
Country Harvest Restaurant.
Councilmember Castro reported on August 7 he attended the ribbon cutting for
Action Academy.
Councilmember Castro reported on August 27 he attended a retirement
ceremony for Lieutenant Colonel Lance Benson, a Moorpark High School
graduate, who retired as the Deputy Commander of the 55th Electronic Combat
Group at Davis Monthan Air Force Base.
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Moorpark, California
Page 3 September 1, 2021
Councilmember Castro reported on August 30 he attended the Essex
Development Agreement Ad Hoc Committee meeting.
Councilmember Groff reported on August 11 he attended the Moorpark Chamber
of Commerce Board of Directors meeting.
Councilmember Groff reported on August 16 he participated in a Country Days
planning meeting.
Councilmember Groff reported on August 18 he attended the Ventura County
Sheriff's Academy Use of Force training.
Councilmember Groff reported on August 20 he attended the Moorpark Chamber
of Commerce networking breakfast.
Councilmember Groff reported on August 25 he attended the all City employee
briefing and noted the recognition of 15 years of service by Associate Planner II
Freddy Carrillo.
Councilmember Groff reported on August 29 he attended the reception for
Amanda Longan at Enegren's Brewing Company.
Councilmember Groff reported on August 30 he attended the Essex
Development Agreement Ad Hoc Committee meeting.
Mayor Parvin announced the last day to apply for Ventura County's 4th Business
Assistance Grant program is tomorrow, September 2, at 6:00 p.m. Businesses
and nonprofits who have not received a grant from the County's previous grant
programs may be eligible to receive $10,000 grants. Go to
VCBusinessGrants.org for more information and to apply.
Mayor Parvin announced the final summer concert in the park on Saturday,
September 4 starting at 6:00 p.m. at the Arroyo Vista Community Park featuring
local band Heathers on Fire. For tickets and details, visit
moorparkca.gov/concerts.
Mayor Parvin announced registration for fall recreation classes at the Arroyo
Vista Recreation Center including tennis, karate, preschool sports, Zumba,
dance, art, STEM, and more. For information visit moorparkca.gov/recreation.
Mayor Parvin announced the Country Days Parade and Street Fair on October 2.
Mayor Parvin announced the Moorpark Mammoth Run on October 3. For more
information visit moorparkmammothrun.com.
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Moorpark, California
Page4 September 1, 2021
Mayor Parvin announced Fall registration for Camp Moorpark held at the Arroyo
Vista Recreation Center from 8:00 a.m. to 6:00 p.m. during the school year on
Moorpark Unified School District in-service days and holidays, which includes a
variety of activities such as sports, games, crafts, special events, movies, and
STEM projects. The first day of Fall Camp is Tuesday, September 7. For details
or to register, visit moorparkca.gov/camp.
Mayor Parvin announced the Fall Apricot Slam Pickleball Tournament presented
by the City of Moorpark and Lucky Fools Pub being held October 16 & 17 with
early bird registration available now through September 12. For information or to
register, visit moorparkca.gov/pickleball.
Mayor Parvin announced the General Plan Advisory Committee (GPAC) will be
meeting on September 2 at 6:30 p.m. for the first of two meetings that will focus
on the City's housing needs as we look ahead to 2050. This meeting will include
information about the City's existing housing stock and needs, upcoming
development projects in Moorpark, the State's Regional Housing Needs
Assessment, and strategies for the GPAC to consider, to identify options, and
solutions to barriers for housing for all economic and age ranges. This meeting
will be held in-person and via Zoom. Visit moorparkgeneralplan.com for more
information.
Mayor Parvin reported on July 23 she attended the Ventura Council of
Governments (VCOG) Administrative Committee meeting.
Mayor Parvin reported on July 27 she presented Carly Sutton with a Certificate of
Recognition for receiving the CIF (California Interscholastic Federation) Scholar
Athlete of the Year award.
Mayor Parvin reported on July 29 she attended a meeting of the Conejo Simi
Moorpark Association of REAL TORS®.
Mayor Parvin reported on August 3 she attended the Moorpark Chamber of
Commerce monthly mixer hosted by Country Harvest Restaurant.
Mayor Parvin reported on August 5 she attended a meeting of the Clean Power
Alliance where a $30 million loan from the County of Los Angeles was discussed.
Mayor Parvin reported on August 7 she attended a ribbon cutting for Action
Academy.
Mayor Parvin reported on August 18 she attended the Ventura County Sheriff's
Office Use of Force training.
Mayor Parvin reported on August 20 she attended the Moorpark Chamber of
Commerce networking breakfast hosted by The Alley.
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Moorpark, California
Page 5 September 1, 2021
Mayor Parvin reported on August 29 she met gold medal winner Amanda Longan
at a reception held at Enegren's Brewing Company.
Mayor Parvin announced on September 10 the lead singer of the Five for
Fighting band will be performing a benefit concert at Moorpark College to raise
funds for the new tiger exhibit.
Mayor Parvin announced on September 20 the Boys & Girls Club will be holding
its annual golf tournament.
Mayor Parvin extended congratulations to the Finance Department for receiving
the Certificate of Excellence in Financial Reporting and Award for Financial
Reporting Achievement and recognized the Department for its excellent work.
A. City Manager COVI D-19 Update.
City Manager Brown provided a COVID-19 update stating it has been
widely reported that COVID-19 infections have been increasing, reporting
the current seven-day positivity rate is 6.6% and the seven-day case rate
is 22.8. Based on the State's former re-opening colored tier system of
Purple, Red, Orange and Yellow, current positivity and case rates would
place Ventura County in the Purple tier. In response to these increases,
on August 23 the County Health Officer modified his health order to
require face coverings when indoors in public spaces which will be
reevaluated after 30 days.
Regarding vaccinations, as of September 1, a total of 1,029,000 doses of
COVID-19 vaccine have been administered in Ventura County with
558,000 people having received at least one dose, and 498,000 (68%)
being fully vaccinated. The City as an organization is not introducing any
changes to its service model, but people visiting City facilities are required
to don face coverings, and people are encouraged to access City services
remotely when possible.
Testing availability has changed in the County with mass testing centers
now closed primarily due to cost and ending of state and federal
government funding. If you, or someone you know needs a test go to
vcrecovers.org or the City's website and link from there. The State offers
free testing without an appointment, but pre-registration is encouraged,
with registration available at https://lhi.care/covidtesting or by calling 888-
634-1123. State testing sites are available in Fillmore, Oxnard, and the
Conejo Valley Unified School District Office Grounds. Other testing
providers include your doctor, local pharmacies, private businesses such
as CovidClinic.org which assists with testing before traveling and at-home
collection kits can be purchased. Visit vcrecovers.org for the latest
information.
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Moorpark, California
Page 6
8. PUBLIC HEARINGS:
September 1, 2021
A. Consider Ordinance Amending the Terms of a Development Agreement
Related to a Previously-Approved Residential Project Located at 150
Casey Road in Order to Change Project to be Fully Affordable and
Consider a 55-Year Residual Loan, and Making a Determination Pursuant
to the California Environmental Quality Act (CEQA) that a Previously-
Adopted Mitigated Negative Declaration is Applicable to the Amendment,
on the Application of Chris Dart of Danco Communities (on Behalf of
Essex Moorpark Owner L.P.). Staff Recommendation: 1) Open the public
hearing, accept public testimony, and close the public hearing; and
2) Introduce Ordinance No. 490, approving First Amendment to
Development Agreement between the City of Moorpark and Essex
Moorpark Owner L.P. for first reading, waive full reading, and place this
ordinance on the agenda for September 15, 2021, for purposes of
providing second reading and adoption of the ordinance; and 3) Upon
Adoption of Ordinance No. 490, and subject to final language approval of
the City Manager and City Attorney, a) Authorize Mayor to sign
Development Agreement (Exhibit A of Ordinance No. 490) and Resolution
No. 2021-4034, approving (A) a Conditional Loan Commitment letter for a
loan consisting of deferral of development fees to Danco Communities or
affiliate for an affordable multi-family housing development; (B) A Right of
Entry Agreement with Essex Moorpark Owner, L.P. for City due diligence
on land to be conveyed to City; and b) Authorize City Manager to sign
Promissory Note (City Loan) and Conditional Loan Commitment Letter.
(ROLL CALL VOTE REQUIRED)
Mr. Carrillo gave the staff report. He noted a typographical error on
page 2 of the staff report stating first reading of Ordinance No. 443 was
introduced for first reading on March 15, 2017.
A discussion and questions followed among the City Council and staff
regarding the following: 1) confirmation the buildings do not include
elevators; 2) confirmation that the project will be managed and will offer
services in a fashion similar to the Area Housing Authority properties in
order to comply with the project's financing requirements set by the
California Tax Allocation Committee; 3) whether it is possible to offer free
wi-fi to all residents; 4) the desire to provide a pedestrian and/or bicycle
connection from the property to High Street although it would not be a
dedicated public trail; 5) clarification that a construction easement needed
to develop the site will not exist in perpetuity; 6) the power poles on the
site will be undergrounded and depending on final design, the City may
receive a contribution from the applicant for future undergrounding based
on final pole alignment; 7) potential to modify the swimming pool size due
to the increase in number of three bedroom units; 8) asbestos and lead
based paint removal in the vacant existing school site will be addressed as
part of the demolition permit; 9) primary access to the project is from
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Moorpark, California
Page 7 September 1, 2021
Casey Road but the opportunity to add a potential point of vehicular
ingress/egress to High Street could be considered as a possible City
capital improvement in the future; 10) confirmation that twelve additional
parking spaces have been added and will be distributed throughout the
project site; 11) confirmation that the leasing office will not be used for
residential purposes and manager's would reside in the two designated
onsite units; 12) the applicant will form an assessment district for
maintenance purposes; 13) confirmation that the onsite well has been
decommissioned; 14) confirmation that the Development Agreement
Amendment will not take effect unless Danco acquires the property which
hinges on successfully obtaining financing for the project at which time
escrow will be opened for the land transaction; should Danco be
unsuccessful, the existing Development Agreement will remain in place
until its expiration in 2024; 15) confirmation from the City Attorney that
there are no loopholes or potential exposure to the City based on the
terms of the proposed agreement; 16) clarification that income verification
is required for residency; 17) inquiry on the ability to add an additional play
structure in light of the increase in the number of two-and three-bedroom
units; 18) discussion of the 55-year Residual Receipts Loan and funds
should be considered at risk until all of the debt service and obligations
are paid, and noting there is an annual contribution for community
services in the Development Agreement
Prior to opening the public hearing, Mayor Parvin reported an exparte
communication with David Alpern, consultant for Danco Communities.
Mayor Parvin opened the public hearing at 7:52 p.m.
Chris Dart, applicant, spoke to an overview on company experience,
stating Danco's business model is to develop, construct and manage
properties they have built as a certified, credentialed management
company for this kind of specialty use, noting they are held accountable by
the investors, lenders, and a regulatory agreement. Mr. Dart remarked on
project amenities and "wrap around services" included onsite. He further
remarked that if the Council approves the Development Agreement
Amendment, Danco Communities can apply for funding on September 9
and if successful, award would occur December 8, 2021. Danco would be
required to close on construction financing in June, 2022, at which time
the land transfer would take place and construction could commence upon
permit issuance with an anticipated 24-month construction timeframe. He
responded to questions regarding income verification and residents that
go over income after the first year are permitted to remain; the possibility
to offer free wi-fi for all residents; to create a pedestrian connection to
enhance walkability; the feasibility to increase the swimming pool size; an
assessment district will be size based on required maintenance and
operation reserves as required by the state; the potential to include an
additional play structure at another onsite location; the Residual Receipts
Loan will be a lien on the property and will have to be repaid with interest
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Moorpark, California
Page 8 September 1, 2021
and there are predicted residual receipts; and responded to manners in
which local preference can be facilitated in the leasing process.
It was agreed to add a project condition to provide a pedestrian gate at the
southeastern side of the property to the satisfaction of the Community
Development Director.
Mayor Parvin closed public hearing at 8: 19 p.m.
Mr. Ennis read the title of Ordinance No. 490.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, APPROVING FIRST
AMENDMENT TO DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF MOORPARK AND ESSEX
MOORPARK OWNER, L.P, IN ASSOCIATION WITH
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO.
2012-02, A PREVIOUSLY-APPROVED RESIDENTIAL
PROJECT LOCATED AT 150 CASEY ROAD
MOTION: Councilmember Pollock moved and Mayor Parvin seconded a motion
to introduce Ordinance No. 490 for first reading, waive full reading, and place the
ordinance on the September 15, 2021, agenda for second reading and adoption.
The motion carried by unanimous roll call vote.
MOTION: Councilmember Groff moved and Mayor Parvin seconded a motion to
adopt Resolution No. 2021-4034 approving a conditional loan commitment letter
and right of entry agreement. The motion carried by unanimous roll call vote.
B. Consider Resolution Modifying a Previously-Approved Residential
Development at 635 Los Angeles Avenue to Reduce the Number of Units
from 69 to 63 with Related Site Changes and a Condition of Approval
Requiring All Utilities to be Placed Underground, and Ordinance
Amending the Terms of the Development Agreement, and Making a
Determination Pursuant to the California Environmental Quality Act
(CEQA) that a Previously-Adopted Negative Declaration is Applicable to
the Project, on the Application of Menashe Kozar for Summer Land
Partners Group, Inc. (on behalf of Sky Line 66, LLC). Staff
Recommendation: 1) Open the public hearing, accept public testimony,
and close the public hearing; and 2) Introduce Ordinance No. 491,
approving First Amendment to Development Agreement between the City
of Moorpark and Sky Line 66, LLC for first reading, waive full reading, and
place this ordinance on the agenda for September 15, 2021, for purposes
of providing second reading and adoption of the ordinance; and 3) Adopt
Resolution No. 2021-4035 approving Modification No. 1 to Residential
Planned Development Permit No. 2014-02, subject to the conditions of
approval contained therein, and reducing the number of units from 69 to
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Moorpark, California
Page 9 September 1, 2021
63 with related site changes and modify a condition of approval requiring
all utilities to be placed underground. (ROLL CALL VOTE REQUIRED)
Mr. Carrillo gave the staff report.
Mayor Parvin opened the public hearing at 8:32 p.m. Having no speakers,
the public hearing was closed.
Mr. Brown responded to a question regarding the easement agreement
and easement location from Mission Bell Plaza into the Green Island Villas
project, confirming that the access location has been agreed upon and
cannot change.
Mr. Ennis read the title of Ordinance No. 491.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, APPROVING FIRST
AMENDMENT TO DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF MOORPARK AND SKY LINE 66,
LLC, IN ASSOCIATION WITH RESIDENTIAL PLANNED
DEVELOPMENT PERMIT NO. 2014-02, A PREVIOUSLY-
APPROVED RESIDENTIAL DEVELOPMENT LOCATED AT
635 LOS ANGELES AVENUE
MOTION: Councilmember Enegren moved and Councilmember Groff seconded
a motion to introduce Ordinance No. 491 for first reading, waive full reading, and
place ordinance on the September 15, 2021, meeting for purposes of second
reading and adoption. The motion carried by unanimous roll call vote.
MOTION: Councilmember Enegren moved and Mayor Parvin seconded a
motion to adopt resolution No. 2021-4035. The motion carried by unanimous roll
call vote.
C. Consider Resolution Updating Staff Billing Rates and Rescinding
Resolution No. 2020-3951, and Finding This Action Exempt from the
California Environmental Quality Act. Staff Recommendation: 1) Open the
public hearing, accept public testimony, and close the public hearing, and
2) Adopt Resolution No. 2021-4036, rescinding Resolution No. 2020-3951.
(ROLL CALL VOTE REQUIRED)
Mr. Borhani gave the staff report.
It was noted that a separate resolution to adopt the minimum wage
increase effective January 1, 2022, will be brought back to Council at a
future meeting, and the minimum wage increase is not anticipated to
require further adjustment to the staff billing rates.
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Moorpark, California
Page 10 September 1, 2021
Mayor Parvin opened the public hearing at 8:41 p.m. Having no speakers,
the public hearing was closed.
MOTION: Mayor Parvin moved and Councilmember Enegren seconded a
motion to adopt Resolution No. 2021-4036, rescinding Resolution No. 2020-
3951. The motion carried by unanimous roll call vote.
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Naming the Pedestrian Bridge at Arroyo Vista Community Park
Joel Burchfield Bridge and Resolution Amending Fiscal Year 2021/22
Budget. Staff Recommendation: 1) Approve naming the Arroyo Vista
Community Park Pedestrian Bridge "Joel Burchfield Bridge"; and 2) Adopt
Resolution No. 2021-4037 to allocate funding for the procurement of a
bridge sign. (ROLL CALL VOTE REQUIRED)
Ms. Sandifer gave the staff report.
There were no speakers.
MOTION: Councilmember Groff moved and Councilmember Enegren seconded
a motion to name the Arroyo Pedestrian Bridge "Joel Burchfield Bridge" and
adopt Resolution No. 2021-4037. The motion carried by unanimous roll call vote.
B. Consider Adoption on an Urgency Ordinance Establishing a Moratorium on
New Formula Based Retail Businesses on High Street, Declaring the
Urgency Thereof, and the Immediate Effectiveness of this Ordinance,
Pursuant to Government Code Sections 65858, 36934, and 36937, and
Making a Determination of Exemption Under the California Environmental
Quality Act in Association Therewith. Staff Recommendation: 1) Waive full
reading and adopt Urgency Ordinance No. 492 as read by title only
(REQUIRES A ROLL CALL VOTE AND A 4/5THS VOTE OF THE CITY
COUNCIL TO ADOPT); and 2) Direct City staff to prepare a written report
of the steps taken to address the impacts of formula based retail uses on
High Street and have that report presented at a Special City Council
meeting on September 15, 2021; and 3) Provide Notice of a Public
Hearing for October 6, 2021, to consider the extension of Urgency
Ordinance No. 492; and 4) Direct staff to begin the preparation of a non-
urgency permanent Ordinance establishing zoning and other necessary
restrictions on formula based retail businesses on High Street consistent
with staff's recommendation and the result of staff's study and
investigation of the issue. (ROLL CALL VOTE REQUIRED)
Prior to presentation of the staff report, Mr. Ennis noted that in order to
adopt the proposed zoning moratorium, a four-fifths vote of the Council is
required and two Councilmembers own property within 500 feet of the
proposed moratorium area, presumptively creating an economic interest
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Moorpark, California
Page 11 September 1, 2021
requiring abstention from the action. Mr. Ennis further noted that the
Political Reform Act provides a rule of legally required participation as
exception in cases where a four-fifths vote is required but two
councilmembers have a conflict of interest. This rule of legally required
participation is an exception to the general rule that a conflicted
councilmember must abstain from making a decision. The Fair Political
Practices Commission permits the city to randomly choose one of the two
councilmembers with a conflict of interest to participate in the decision
when a fourth vote is required for action, and therefore either
Councilmember Groff or Castro must be randomly selected to participate.
Mr. Brown explained the random selection process. A random drawing
was conducted; Councilmember Groff was drawn as the abstaining
member and left the dais at 8:50 p.m.
Mr. Spondello gave the staff report.
It was clarified that moratorium would not affect existing businesses, only
new businesses.
There were no speakers.
Mr. Ennis read the title of Urgency Ordinance No. 492.
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
MOORPARK, CALIFORNIA, ESTABLISHING A
MORATORIUM ON NEW FORMULA BASED RETAIL
BUSINESSES ON HIGH STREET, DECLARING THE
URGENCY THEREOF AND THE IMMEDIATE
EFFECTIVENESS OF THIS ORDINANCE PURSUANT TO
GOVERNMENT CODE SECTIONS 65858, 36934 AND
36937, AND MAKING A DETERMINATION OF
EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
MOTION: Councilmember Enegren moved and Mayor Parvin seconded a
motion to adopt Urgency Ordinance No. 492 as read by title only. The motion
carried by a roll call vote of 4-0 with Councilmember Groff absent.
AT THIS POINT IN THE MEETING, a brief recess was called at 8:57 p.m. The Council
reconvened at 9:04 p.m. with all Councilmembers present.
C. Consider Urgency Ordinance Amending Chapter 12.16 (Parks, Open Space
and Civic Center) of the Moorpark Municipal Code to Establish Prohibitions
on Camping, Cooking, and Storing Property at the Moorpark Civic Center,
Enhancing Camping and Storing of Personal Property Prohibitions in Parks,
Enhancing Penalties for Violation of the Civic Center Curfew, Declaring the
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Moorpark, California
Page 12 September 1, 2021
Urgency Thereof and the Immediate Effectiveness of the Ordinance
Pursuant to Government Code Sections 36934 and 36937, and Making a
Determination of Exemption under the California Environmental Quality Act;
and Introduction of Non-Urgency Ordinance Amending Chapter 12.16
(Parks, Open Space and Civic Center), and Making a Determination of
Exemption under the California Environmental Quality Act. Staff
Recommendation: 1) Waive full reading and adopt Urgency Ordinance No.
493 as read by title only. (REQUIRES A ROLL CALL VOTE AND A
4/5THS VOTE OF THE CITY COUNCIL TO ADOPT); and 2) Introduce
Ordinance No. 494 for first reading, waive full reading, and place this
ordinance on the agenda for the September 15, 2021, meeting, for
purposes of providing second reading and adoption of the ordinance.
(REQUIRES A ROLL-CALL VOTE AND ADOPTION BY A MAJORITY
VOTE OF THE CITY COUNCIL)
Mr. Ennis gave the staff report.
There were no speakers.
Mr. Ennis read the title of Urgency Ordinance No. 493 as included in the
Supplemental Staff Report.
AN URGENCY ORDINANCE OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING CHAPTER 12.16
(PARKS, OPEN SPACE AND CIVIC CENTER) OF THE
MOORPARK MUNICIPAL CODE TO ESTABLISH
PROHIBITIONS ON CAMPING, COOKING AND STORING
PROPERTY AT THE MOORPARK CIVIC CENTER,
ENHANCING CAMPING AND STORING OF PERSONAL
PROPERTY PROHIBITIONS IN PARKS, ENHANCING
PENAL TIES FOR VIOLATION OF THE CIVIC CENTER
CURFEW, DECLARING THE URGENCY THEREOF AND
THE IMMEDIATE EFFECTIVENESS OF THIS ORDINANCE
PURSUANT TO GOVERNMENT CODE SECTIONS 36934
AND 36937, AND MAKING A DETERMINATION OF
EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
MOTION: Mayor Parvin moved and Councilmember Groff seconded a motion to
adopt Urgency Ordinance No. 493, as amended by Supplemental Staff Report,
amending Chapter 12.16 (Parks, Open Space and Civic Center) of the Municipal
Code. The motion carried by unanimous roll call vote.
Mr. Ennis read the title of Ordinance No. 494 with the same changes included in
the Supplemental Staff Report.
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Moorpark, California
Page 13 September 1, 2021
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING CHAPTER 12.16 (PARKS,
OPEN SPACE AND CIVIC CENTER) OF THE MOORPARK
MUNICIPAL CODE TO ESTABLISH PROHIBITIONS ON
CAMPING, COOKING AND STORING PROPERTY AT THE
MOORPARK CIVIC CENTER, ENHANCING CAMPING
AND STORING OF PERSONAL PROPERTY
PROHIBITIONS IN PARKS, ENHANCING PENAL TIES
FOR VIOLATION OF THE CIVIC CENTER CURFEW, AND
MAKING A DETERMINATION OF EXEMPTION UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
MOTION: Councilmember Pollock moved and Councilmember Castro seconded
a motion to introduce Ordinance No. 494, as amended by Supplemental Staff
Report, amending Chapter 12.16 (Parks, Open Space and Civic Center) for first
reading, waive full reading, and place the ordinance on the agenda for
September 15, 2021, for second reading and adoption. The motion carried by
unanimous roll call vote.
D. Consider Ordinance Repealing and Replacing Chapter 8.36, Regulating
Collection and Transportation of Solid Waste, of Title 8, Health and Safety,
of the Moorpark Municipal Code. Staff Recommendation: Introduce
Ordinance No. 495 for first reading, waive full reading, and place this
ordinance on the agenda for the September 15, 2021, regular meeting for
purposes of providing second reading and adoption of the ordinance.
(ROLL CALL VOTE REQUIRED)
Mr. Douglass gave the staff report.
Councilmember Pollock commented that the matter of organics recycling
is being discussed between the League of California Cities Policy
Committee, the Southern California Association of Governments (SCAG),
and CalRecycle to implement the new upcoming requirements.
Steve Lee from Waste Management answered questions regarding
cameras on trucks to monitor refuse being collected and remarked that
cans will all be the same body color with a lid colored and labeled with
information for contents which will be phased in to get full life out of
existing cans.
Frances Lee, Moorpark resident, spoke in support of the ordinance and
inquired if this will cover all residential uses not just multi family.
Mr. Ennis read the title of Ordinance No. 495
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Moorpark, California
Page 14 September 1, 2021
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, REPEALING AND REPLACING CHAPTER
8.36, SOLID WASTE, OF TITLE 8, HEAL TH AND SAFETY,
OF THE MOORPARK MUNICIPAL CODE, AND
APPROVING A CALIFORNIA ENVIRONMENTAL QUALITY
ACT EXEMPTION IN CONNECTION THEREWITH
MOTION: Mayor Parvin moved and Councilmember Pollock seconded a motion
to introduce Ordinance No. 495, for first reading, waive full reading, and place the
ordinance on the agenda for September 15, 2021, for second reading and
adoption. The motion carried by unanimous roll call vote.
E. Consider Update of Annual Investment Policy and Resolution Establishing
the City of Moorpark's Investment Policy for Fiscal Year (FY) 2021/22.
Staff Recommendation: Adopt Resolution No. 2021-4039, adopting the
Annual Investment Policy for FY 2021/22 and rescinding Resolution No.
2020-3945. (ROLL CALL VOTE REQUIRED)
Mr. Borhani gave the staff report.
There were no speakers.
MOTION: Mayor Parvin moved and Councilmember Enegren seconded a
motion to adopt Resolution No. 2021-4038, rescinding Resolution No. 2020-
3945. The motion carried by unanimous roll call vote.
10. CONSENT CALENDAR:
MOTION: Councilmember Pollock moved and Councilmember Castro seconded a
motion to approve the Consent Calendar with the exception of Item 1 O.L. which was
pulled for individual consideration. The motion carried by unanimous roll call vote.
A.
B.
C.
D.
E.
Consider Warrant Register for Fiscal Year 2020/21 -September 1, 2021.
Staff Recommendation: Approve the warrant register.
Consider Warrant Register for Fiscal Year 2021/22 -September 1, 2021.
Staff Recommendation: Approve the warrant register.
Consider Minutes of Special City Council Meeting of February 27, 2021.
Staff Recommendation: Approve the minutes.
Consider Minutes of Regular City Council/Successor Agency Meeting of
April 7, 2021. Staff Recommendation: Approve the minutes.
Consider Minutes of Special Joint City Council/Planning Commission
Meeting of April 14, 2021. Staff Recommendation: Approve the minutes.
Minutes of the City Council/Successor Agency
Moorpark, California
Page 15 September 1, 2021
F. Consider Resolution Amending Fiscal Year 2021/22 Budget to Increase
Appropriations for Fiscal Year 2020/21 Purchase Order Carry Overs. Staff
Recommendation: Adopt Resolution No. 2021-4039. (ROLL CALL VOTE
REQUIRED)
G. Consider Plans and Specifications and Authorization to Advertise for Bids
for the Metrolink North Parking Lot Expansion Project (Project No. C0032);
and Consider Waiving Pre-Qualification Policy for Project No. C0032. Staff
Recommendation: 1) Approve the Plans and Specifications for the
Metrolink North Parking Lot Expansion Project (MPK 21-02) subject to
final language approval of the City Manager and City Engineer/Public
Works Director and authorize staff to advertise to obtain construction bids;
and 2) Waive the requirements of the Contractor Pre-Qualification City
Council Policy No. 3.4 for the Metrolink North Parking Lot Expansion
Project (MPK 21-02).
H. Consider Amendment No. 3 to Agreement Between the City of Moorpark
and Passport Labs, Inc., for Parking Citation Processing Services,
Extending the Agreement Term to March 30, 2023, and Adding the
Passport Web-Based Ticket Management System to the Scope of
Services. Staff Recommendation: Approve Amendment No. 3 to
Agreement for Parking Citation Processing Services extending the term
from September 30, 2021, to March 30, 2023; and adding the Passport
web-based ticket management system to the Scope of Services; and
authorize the City Manager to sign the Agreement, subject to final
language approval of the City Manager.
I. Consider Award of Contract to FS Contractors, Inc. for the 2021 Sidewalk
Rehabilitation Project (Project No. M0050). Staff Recommendation: Award
construction contract to FS Contractors, Inc. and authorize the City
Manager to execute a construction contract in the amount of $220,001.00,
plus a 10% project contingency amount of $22,000.10, for a total contract
amount of $242,001.10.
J. Consider Plans and Specifications for City Entry Monument Signs, Award of
Agreement to Frank & Son, Inc. dba Express Sign & Neon (Express Sign)
for the City Entry Monument Sign Project, and Resolution Amending the
Budget for Fiscal Year (FY) 2021/22 Appropriating $56,275 from the General
Fund to fund the City Entry Monument Sign Project (1000). Staff
Recommendation: 1) Approve plans and specifications for City Monument
Sign Project; and; 2) Award contract to Frank & Son, Inc. dba Express
Sign & Neon for $118,500, plus a contingency of $17,775, for a total
contract amount of $136,275 and authorize execution of the Agreement by
the City Manager, subject to final language approval by the City Manager;
and 3) Adopt Resolution No. 2021-4040 amending the FY 2021/22 budget
to fund the City entry monument sign project (C0065). (ROLL CALL
VOTE REQUIRED)
Minutes of the City Council/Successor Agency
Moorpark, California
Page 16 September 1, 2021
K. Consider Approval of Lease Agreement with Catholic Charities for the
Ruben Castro Human Services Center, 612 Spring Road, Building B,
Suite 101. Staff Recommendation: Approve Lease Agreement between
the City of Moorpark and Catholic Charities for the Ruben Castro Human
Services Center, Suite 101, and authorize the City Manager to execute the
Lease Agreement, subject to final language approval of the City Manager.
The following item was pulled for individual consideration.
L. Consider Co-Sponsoring the Moorpark Chamber of Commerce's Country
Days Parade and Street Fair and Resolution Approving of Re-routing
Traffic onto City Streets During the Parade. Staff Recommendation:
1) Agree to co-sponsor the October 2, 2021 Country Days Event; and
2) Authorize the City Manager to execute a Cooperative Services
Agreement to co-sponsor the event, subject to final language approval of
the City Manager and City Attorney; and 3) Waive fees for use of City
properties and for City issued permits; and 4) Provide police services and
certain City services for the Country Days event, as described in the
Agreement, at no cost to the Chamber of Commerce; and 5) Adopt
Resolution No. 2021-4041 consenting to re-routing traffic from the State
Highway onto City streets.
MOTION: Councilmember Pollock moved and Councilmember Groff seconded a
motion to approve staff's recommendation including adoption of Resolution
No. 2021-4041. The motion carried by a roll call vote of 4-0 with Mayor Parvin
abstaining.
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
None.
12. CLOSED SESSION:
Mr. Brown requested the Council go into closed session for discussion of Item
12.A. on the agenda. The time was 9:43 p.m.
CONSENSUS: It was the consensus of the City Council to go into closed session for
discussion of Item 12.A. on the agenda.
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Properties: 323 Science Dr. and 405 Science Dr.
Agency Negotiator: Troy Brown, City Manager
Negotiating Parties: Mike Tingus, President, Lee & Associates
Under Negotiation: Price and terms for potential acquisition of all or a
portion of the property
Minutes of the City Council/Successor Agency
Moorpark , California
Page 17 September 1, 2021
Present in closed session were Councilmembers Castro , Groff, Enegren , Pollock ,
and Mayor Parvin ; Troy Brown , City Manager; Kevin Ennis , City Attorney ;
PJ Gagajena, Assistant City Manager; Kambiz Borhani , Finance Director; and
Mike Tingus , President , Lee & Associates .
The Council reconvened into open session at 10 :30 p .m . Mr. Brown stated
Item 12 .A.was discussed and there was no action to report.
13 . ADJOURNMENT:
Mayor Parvin adjourned the meeting at 10:30 p .m .
ATTEST:
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