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HomeMy WebLinkAboutMIN 2022 1019 CC SA REG MINUTES OF THE CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Moorpark, California October 19, 2022 A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency was held on Wednesday, October 19, 2022, at 6:30 p.m. in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. All items listed are heard and acted upon by the City Council unless otherwise noted. 1. CALL TO ORDER: Mayor Parvin called the meeting to order at 6:31 p.m. 2. PLEDGE OF ALLEGIANCE: Mayor Parvin led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Castro, Enegren, Groff, Pollock, and Mayor Parvin. Staff Present: Troy Brown, City Manager; Kevin Ennis, City Attorney; PJ Gagajena, Assistant City Manager; Brian Chong, Assistant to the City Manager; Vivien Avella, Finance Director/City Treasurer; Jeremy Laurentowski, Parks and Recreation Director; Daniel Kim, City Engineer/Public Works Director; Carlene Saxton, Community Development Director; Stephanie Anderson, Recreation Services Manager; Chris Ball, Senior Management Analyst; Jessica Sandifer, Community Services Manager; Michelle bloomer, Interim Management Analyst; Andres Pena, Information Systems Technician II; Captain Victor Fazio, Ventura County Sheriffs Office; and Ky Spangler, City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation Recognizing October 24 as World Polio Day. Mayor Parvin read a Proclamation recognizing October 24 as World Polio Day and presented a Proclamation to Moorpark Morning Rotary Club President Pat Abruzzese, and to the Moorpark Noon Rotary Club. B. Proclamation Recognizing October 23-31 as Red Ribbon Week. Mayor Parvin read a Proclamation recognizing October 23-31 as Red Ribbon Week and presented the Proclamation to Moorpark Chief of Police Captain Victor Fazio, Ventura County Sheriff's Office. Minutes of the City Council/Successor Agency Moorpark, California Page 2 October 19, 2022 C. Proclamation Recognizing California Hindu American Awareness and Appreciation Month. Mayor Parvin read a Proclamation recognizing October 2022 as California Hindu American Awareness and Appreciation Month and presented the Proclamation to Venkata Rao Oruganti who shared a brief PowerPoint presentation on the upcoming Hindu holiday, Diwali. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: It was the consensus of the Council to pull Item 10.F. from the Consent Calendar for individual consideration upon the request of Mayor Parvin. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND MAYOR: Councilmember Groff reported on October 7 he met with the President and Board Member from the Buttercreek Homeowners Association and toured the replaced retaining wall. Councilmember Groff reported on October 7 he attended the Moorpark High School homecoming football game, noting that Moorpark High School beat Simi Valley's Royal High School team. Councilmember Groff reported on October 18 he attended the Ventura County Coalition of Labor, Agricultural and Business (CoLAB) 2022 annual meeting in Camarillo. Mayor Parvin made the following City announcements: The City of Moorpark is inviting the community to participate in a naming contest for the soon to be constructed fully Inclusive Playground at Tierra Rejada Park. The Inclusive Playground will be a fun community space that encourages individuals of all abilities to interact and play in a safe, inclusive, and non- segregated setting. Contest entries will be accepted through October 30. For more information, and to submit a suggestion visit moorparkca.gov/playground4all. Join us at Arroyo Vista Community Park for a spooky and scary weekend of free Movies in the Park! The first movie will be held on Friday, October 21, and this one is for teens and adults only because the showing is A Nightmare on Elm Street! The following night, Saturday, October 22, bring the whole family out for Minutes of the City Council/Successor Agency Moorpark, California Page 3 October 19, 2022 a showing of The Nightmare Before Christmas! Movie times and additional details can be found at moorparkca.gov/movies. The Moorpark City Library will host two programs featuring the Theremin; a 1920s instrument played without physical contact. First, an after-hours showing of the 1996 film Mars Attacks!, directed by Tim Burton and featuring music created by Danny Elfman, on Friday, October 21 at 5:00 p.m. Then stop by the Library on Saturday, October 22, at 2:00 p.m. to meet Ed Sussman. He played the Theremin in the Mars Attacks! soundtrack and will present the instrument's history and demonstrate how to play it. Attendees will have an opportunity to try this unique instrument themselves! To learn more, visit moorparklibrary.org. Mayor Parvin reported on October 8 she participated in the grand opening of Ambiance Home Furnishings and Decor on High Street. Mayor Parvin reported on October 10 she was invited to speak to students participating in the Ronald Reagan Citizens Scholar Institute Program at Royal High School. Mayor Parvin reported on October 11 she participated in the Boys & Girls Club Board development meeting. Mayor Parvin reported on October 12 she had a meeting with the Ventura County Professional Peace Officers' Association. Mayor Parvin reported on October 15 she volunteered at the 5K & 10K Run to benefit the Free Clinic. AT THIS POINT in the meeting, Councilmember Groff announced he would recuse himself from this agenda item because the item involves property within 500 feet of property that he owns on High Street and left the dais. The time was 6:54 p.m. AT THIS POINT in the meeting, Councilmember Enegren announced he would recuse himself from the item because this item involves the High Street Depot Project; although he has no financial interest in the project at the present time, he has had discussions with the developer about design and possible future uses which he could possibly be involved, for that reason and out of the abundance of caution he recused himself from this item and left the dais. The time was 6:54 p.m. 8. PUBLIC HEARINGS: A. Consider Ordinance Approving the First Amendment to the Development Agreement No. 2018-01 between the City of Moorpark and Daly Group, Inc. and Making a Determination of Exemption Pursuant to the California Environmental Quality Act in Connection Therewith. Staff Recommendation: 1) Open the public hearing, receive public testimony and close the public hearing; and 2) Introduce Ordinance No. 507, approving the First Amendment to Development Agreement No. 2018-01 Minutes of the City Council/Successor Agency Moorpark, California Page 4 October 19, 2022 for first reading, waive full reading, and place this ordinance on the agenda for November 2, 2022, for purposes of providing second reading and adoption of the ordinance. (ROLL CALL VOTE REQUIRED) Ms. Saxton gave the staff report. Mayor Parvin opened the public hearing at 6:57 p.m. Vince Daly, applicant, spoke in support of the proposed action and provided a brief update on the status of the project. The public hearing was closed 6:59 p.m. Mr. Ennis read the title of Ordinance No. 507. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2018-01 BETWEEN THE CITY OF MOORPARK AND DALY GROUP, INC AND MAKING FINDINGS UNDER CEQA IN CONNECTION THEREWITH MOTION: Mayor Parvin moved and Councilmember Pollock seconded a motion to introduce Ordinance No. 507, approving the First Amendment to Development Agreement No. 2018-01 for first reading, waive full reading, and place this ordinance on the agenda for November 2, 2022, for purposes of providing second reading and adoption of the ordinance. The motion carried by roll call vote 3-0, Councilmembers Enegren and Groff recused. AT THIS POINT in the meeting, Councilmembers Enegren and Groff returned to the dais. The time was 7:01 p.m. B. Consider an Ordinance for the Second Amendment to the Development Agreement No. 2012-03 between the City of Moorpark and Essex Moorpark Owner, L.P., and an Amended and Restated Affordable Housing Agreement, and Making a Determination of Exemption Pursuant to the California Environmental Quality Act in Connection Therewithin, on the Application of Dan Johnson of Danco Communities (on Behalf of Essex Moorpark Owner L.P.). Planning Commission Recommendation: Open the public hearing, accept public testimony, and close the public hearing; and 2) Introduce Ordinance No. 509 approving the Second 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 November 2, 2022, for purposes of providing second reading and adoption of the ordinance. (ROLL CALL VOTE REQUIRED) Minutes of the City Council/Successor Agency Moorpark, California Page 5 October 19, 2022 Ms. Saxton gave the staff report. Mr. Brown provided additional background regarding the relocation of the power lines included in the Agreement, the proposed timeframe for the relocation, and the bonds required to ensure fulfillment of the development condition. Mayor Parvin opened the public hearing at 7:07 p.m. Questions and discussion among City Council and staff followed including: 1) removal of garage doors will result in a more traditional carport configuration and is proposed to ensure parking spaces are used for intended purposes rather than storage; 2) brief discussion of the access road to High Street that has been relocated from the west side to the east side of the southern project boundary, and confirming pedestrian access is also a project condition; and 3) brief discussion on internet availability in the development. Chris Dart, applicant spoke and responded to a question regarding internet access stating free Wi-Fi will be provided in community rooms and spaces, some of which are available 24 hours a day. All units will be Wi-Fi ready, but Wi-Fi is not planned to be provided free of charge for individual residential units. Mayor Parvin closed the public hearing at 7:10 p.m. Mr. Ennis read the title of Ordinance No. 509. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2012-03 BETWEEN THE CITY OF MOORPARK AND ESSEX MOORPARK OWNER, L.P., AND AN AMENDED AND RESTATED AFFORDABLE HOUSING AGREEMENT, AND MAKING A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH MOTION: Councilmember Pollock moved and Mayor Parvin seconded a motion to introduce Ordinance No. 509 approving the Second 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 November 2, 2022, for purposes of providing second reading and adoption of the ordinance. The motion carried by unanimous roll call vote. 9. PRESENTATION/ACTION/DISCUSSION: A. Consider Design and Budget for New City Hall Project at 323 Science Drive. Staff Recommendation: Approve $6,550,000 as the preliminary budget for the City Hall Tenant Improvement project. Minutes of the City Council/Successor Agency Moorpark, California Page 6 October 19, 2022 Ms. Sandifer gave the staff report. A question regarding the emergency generator was addressed noting that the generator will be in an enclosed location. There were no speakers. MOTION: Mayor Parvin moved and Councilmember Enegren seconded a motion to approve $6,550,000 as the preliminary budget for the City Hall Tenant Improvement project. The motion carried by unanimous voice vote. B. Consider Amendment No. 1 to the Agreement between the City of Moorpark and Moorpark Soccer Club, Inc. to Allow Use of Portable Lights. Staff Recommendation: Approve Amendment No. 1 to the Agreement between the City of Moorpark and Moorpark Soccer Club, Inc. to allow use of portable lights at Arroyo Vista Community Park; and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager. Ms. Anderson gave the staff report. A question regarding use of portable lights by any sports team was addressed to clarify that unlit park facilities close at sunset unless there is Council action directing otherwise, and lighted park facilities close at 10:00 p.m. Since the portable lights will be used at an unlit facility that does not meet the definition of a lit facility, an amendment to the Use Agreement is required. There were no speakers. MOTION: Mayor Parvin moved and Councilmember Pollock seconded a motion to Approve Amendment No. 1 to the Agreement between the City of Moorpark and Moorpark Soccer Club, Inc. to allow use of portable lights at Arroyo Vista Community Park; and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Councilmember Pollock moved and Councilmember Groff seconded a motion to approve the Consent Calendar with the exception of Item 10.F. which was pulled for individual consideration. The motion carried by a unanimous roll call vote. A. Consider Warrant Register for Fiscal Year 2022/23 — October 19, 2022. Staff Recommendation: Approve the warrant register. B. Consider Minutes of City Council/Successor Agency Regular Meeting of September 7, 2022. Staff Recommendation: Approve the minutes Minutes of the City Council/Successor Agency Moorpark, California Page 7 October 19, 2022 C. Consider Request for Proposals for Parks and Recreation Master Plan Update. Staff Recommendation: Approve and authorize staff to release the Request for Proposals for the Parks and Recreation Master Plan update, subject to final language approval of the City Manager. D. Consider Authorizing the City Manager to Execute a One-Year Extension of the Lease for the California Highway Patrol at the Moorpark Police Services Center. Staff Recommendation: Authorize the City Manager to execute a one-year extension of the lease, with current terms and previously established rental rates, subject to final language approval by the City Manager. E. Consider Resolution Authorizing the City of Moorpark's Fiscal Year 2022/23 Transportation Development Act Claim. Staff Recommendation: Adopt Resolution No. 2022-4140, authorizing the submittal of the City's Transportation Development Act Claim. (ROLL CALL VOTE REQUIRED) AT THIS POINT in the meeting, Councilmember Groff announced he would recuse himself from Consent Calendar Item 10.F. because the item involves property within 500 feet of property that he owns on High Street. The time was 7:21 p.m. AT THIS POINT in the meeting, Councilmember Enegren announced he would recuse himself from Consent Calendar Item 10.F. because this item involves the High Street Depot Project; although he has no financial interest in the project at the present time, he has had discussions with the developer about design and possible future uses which he could possibly be involved, for that reason and out of the abundance of caution he recused himself from this item. The time was 7:21 p.m. The following item was pulled for individual consideration: F. Consider Resolution Correcting Legal Description for Second Amendment to the Disposition and Development Agreement No. 2018-01 between the City of Moorpark and Daly Group, Inc. Staff Recommendation: Adopt Resolution No. 2022-4141, approving the legal description for the Second Amendment to Disposition and Development Agreement No. 2018-01 . (ROLL CALL VOTE REQUIRED) MOTION: Mayor Parvin moved and Councilmember Pollock seconded a motion to adopt Resolution No. 2022-4141 approving the legal description for the Second Amendment to Disposition and Development Agreement No. 2018-01. The motion carried by a roll call vote of 3-0, Councilmembers Enegren and Groff recused. 11. ORDINANCES: None. Minutes of the City Council/Successor Agency Moorpark, California Page 8 October 19, 2022 12. CLOSED SESSION: None. 13. ADJOURNMENT: Mayor Parvin adjourned the meeting at 7:22 p.m. 4Janice S. Parvin, Mayor ATTEST: 1. Ky Sp le , Cit Jerk / / ' 01001)", 1.4,0