HomeMy WebLinkAboutAGENDA REPORT 2022 1102 CCSA REG ITEM 10BCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of November 2, 2022
ACTION APPROVED STAFF
RECOMMENDATION.
BY A. Hurtado.
B. Consider Minutes of City Council/Successor Agency Regular Meeting of
September 21, 2022. Staff Recommendation: Approve the minutes. (Staff: Ky
Spangler, City Clerk)
Item: 10.B.
MINUTES OF THE CITY COUNCIL AND
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK
Moorpark, California September 21, 2022
A Regular Meeting of the City Council of the City of Moorpark and the Successor
Agency was held on Wednesday, September 21, 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 6:30 p.m.
2. PLEDGE OF ALLEGIANCE:
City Engineer/Public Works Director Daniel Kim led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Castro, Enegren, Groff, Pollock, and Mayor
Parvin.
Staff Present: Troy Brown, City Manager (via Zoom); Kevin Ennis, City
Attorney (via Zoom); PJ Gagajena, Assistant 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; Chris Thompson, Senior
Information Systems Administrator; Captain Victor Fazio,
Ventura County Sheriff's Office; and Ky Spangler, City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Certificate of Recognition to Cindy Uthus, Administrative Assistant II in the
City Manager’s Office, for Receiving the City’s Apricot Award, Summer
2022.
Mayor Parvin presented a Certificate of Recognition to Cindy Uthus, for
receiving the City’s Apricot Award, Summer 2022.
B. Proclamation Declaring September 15 to October 15 as Hispanic Heritage
Month.
Mayor Parvin presented Alejandro Castro with a proclamation recognizing
September 15 to October 15 as Hispanic Heritage Month.
Item: 10.B.
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5. PUBLIC COMMENT:
Katherine Abourched, Moorpark resident, spoke to request the City Council
consider permitting hens to be kept in Residential Planned Development (RPD)
zones.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
CONSENSUS: It was the consensus to pull Consent Calendar Items 10.H. and 10.M.
for individual consideration.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
Councilmember Pollock reported on September 7-9 he attended the League of
California Cities annual conference in Long Beach. His report included a briefing
on the discussions at the Resolutions Committee meeting on land use decisions
being remanded to the Housing & Environmental Committee for further
discussions about the supremacy of the land use decisions. He also noted it was
his last meeting on the CalCities Board representing Channel Counties and the
Delegate Assembly where new officers were elected, and the Resolutions
Committee item was confirmed.
Councilmember Pollock reported on September 13 he attended a meeting of
Ventura County Air Pollution Control District Board.
Councilmember Pollock reported on September 15 he met with Assembly
Member Jessie Gabriel who represents the western San Fernando Valley and a
portion of Ventura County.
Councilmember Pollock reported on September 15 he lectured for a Political
Leadership class at California State University Channel Islands.
Councilmember Pollock reported on September 17 he participated in the City’s
E-Waste event.
Councilmember Enegren reported on September 8-9 he attended the League of
California Cities annual conference in Long Beach.
Councilmember Groff reported on September 8-9 attended League of California
Cities annual conference in Long Beach.
Councilmember Groff reported on September 13 he participated in the Essex
Development Agreement ad hoc committee meeting along with Councilmember
Castro and City staff.
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Councilmember Groff reported on September 14 he attended a Moorpark
Chamber of Commerce Board meeting.
Councilmember Castro reported on September 13 he participated in the Essex
Development Agreement ad hoc committee meeting.
Mayor Parvin announced the City of Moorpark will host an open house on
Saturday, September 24 between 10:00 a.m. and 1:00 p.m. at the Arroyo Vista
Recreation Center’s Sycamore Room to present the Goals and Policies that have
been developed for the 2050 General Plan. For the last several months, our
community has been hard at work developing goals and policies to guide the
future of Moorpark through 2050. Now, we need your input on whether the
preliminary goals and policies reflect the vision and values shared by the
community. At the fourth General Plan Community Workshop, yo u will have an
opportunity to speak with your neighbors and members of the General Plan
Update project team, and provide input on the draft goals and policies, which will
guide future decision-making through 2050. She extended an invitation to drop
in between 10:00 a.m. through 1:00 p.m. and noted a brief overview presentation
covering the same material will be provided at 10:30 a.m. and 12:00 p.m. Staff
will be on-hand to answer questions and receive feedback throughout the event.
The event will include refreshments and a raffle, and Spanish translation will also
be available. The goals and policies are also available for review online at
moorparkgeneralplan.com.
Mayor Parvin announced the next ‘Movie in the Park’ taking place Saturday,
September 24 at Arroyo Vista Community Park. This month’s movie is the
comedy Napoleon Dynamite. The movie starts at 7:00 p.m., and gates open at
6:00 p.m. Admission is free. For more information visit moorparkca.gov/movies.
Mayor Parvin announced Moorpark Country Days is coming up on October 1; for
more information go to moorparkcountrydays.com; Country Days is followed by
the Moorpark Mammoth Run which will be on October 2 at Arroyo Vista
Community Park, for more information and to sign-up go to
moorparkmammothrun.com.
Mayor Parvin reported on September 8 she attended the Adventist Health
fundraiser.
Mayor Parvin reported on September 9 she attended a Moorpark Chamber of
Commerce breakfast.
Mayor Parvin reported on September 12 she attended the For the Troops golf
tournament.
Mayor Parvin reported on September 13 she attended the Ventura County Board
of Supervisors meeting where Ventura County Deputy Sheriff and Moorpark
resident Juan Ponce was recognized for his 30 years of service with the Sheriff’s
Department.
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Mayor Parvin reported on September 15 she attended the Association of Water
Agencies meeting where Eric Boldt from the National Weather Service for Los
Angeles/Oxnard discussed weather forecasting.
Mayor Parvin reported on September 16 she participated in a Moorpark Chamber
of Commerce breakfast.
Mayor Parvin reported on September 19 she volunteers at the Boys & Girls Club
annual golf tournament.
8. PUBLIC HEARINGS:
A. Consider Approval of Conduit Financing for the Vendra Gardens
Affordable Housing Development Project under the Tax Equity and Fiscal
Responsibility Act (“TEFRA”). Staff Recommendation: 1) Open the TEFRA
public hearing, receive public testimony, and close the public hearing; and
2) Adopt Resolution No. 2022-4030, (1) approving and directing the
execution of the Joint Exercise of Powers Agreement between the City of
Moorpark and the California Municipal Finance Authority, and (2)
approving the proposed issuance of tax-exempt bonds for the purpose of
financing the acquisition, construction, and improvement for the benefit of
Moorpark Casey Road LP, in connection with the Vendra Gardens
Development (Residential Planned Development 2012-02); and
3) Authorize the Mayor to execute the attached Indemnification Agreement
dated as of September 21, 2022, between the City of Moorpark and
Moorpark Casey Road LP (the “Borrower”) relating to the proposed bond
financing agreement. (ROLL CALL VOTE REQUIRED)
Ms. Avella gave the staff report.
Mayor Parvin opened the public hearing at 6:55 p.m.; having no speakers
the public hearing was closed.
MOTION: Mayor Parvin moved and Councilmember Pollock seconded a motion
to adopt Resolution No. 2022-4030 (1) approving and directing the execution of
the Joint Exercise of Powers Agreement between the City of Moorpark and the
California Municipal Finance Authority, and (2) approving the proposed issuance
of tax-exempt bonds for the purpose of financing the acquisition, construction,
and improvement for the benefit of Moorpark Casey Road LP, in connection with
the Vendra Gardens Development (Residential Planned Development 2012-02);
and to authorize the Mayor to execute the attached Indemnification Agreement
dated as of September 21, 2022, between the City of Moorpark and Moorpark
Casey Road LP (the “Borrower”) relating to the proposed bond financing
agreement. The motion carried by unanimous roll call vote.
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9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Presentation by Stuart Ng, Caltrans District 7 Project Lead
Representative regarding the State Route 118 and 23 Overpass. Staff
Recommendation: Receive presentation.
Mr. Brown introduced the topic, and presenter Stuart Ng, who provided a
PowerPoint presentation on the proposed project.
Stuart Ng, Caltrans District 7 Senior Advisor for Project Program
Management, provided a PowerPoint presentation, including project
timeline targets and an overview of the possible proposal to install safety
barrier systems, noting design concepts could change during the process.
Councilmember Enegren commented on the timeline for the project and
expressed concerns about the interim period. Mr. Ng noted that until
environmental staff becomes involved, he is unable to determine how
much the timeline can be reduced and whether the project may qualify for
an environmental categorical exemption.
Susan Chang, Chief Deputy with Caltrans District 7 commented to clarify
that the details of the project are not defined, and this project will be
expedited to the greatest degree possible, but a completion timeframe
cannot be estimated at this stage. She further committed to further
exploration of temporary solutions to the extent they may exist however
noted Caltrans staff has advised her that all temporary alternatives and
measures have been looked at and found to be infeasible.
Victoria Chaidez, Moorpark resident, spoke regarding the loss of life at this
location and urged expediting consideration of a potential temporary
solution while the permanent solution is developed and designed.
CONSENSUS: It was the consensus of the City Council to receive the
presentation.
B. Consider Presentation by Joseph Pope, Water and Sanitation Director for
Ventura County Waterworks District No. 1 and Dan Drugan, Resources
Manager for Calleguas Municipal Water District regarding Water
Restrictions and Conservation Efforts. Staff Recommendation: Receive
presentation.
Mr. Laurentowski introduced the presenters, Joseph Pope and Dan
Drugan, who provided a PowerPoint presentation regarding the current
water supply conditions and resulting restrictions and conservation efforts.
Following the presentation, questions and discussion between the
presenters, staff and Council took place regarding: 1) the Sacramento
Delta Conveyance Project Environmental Impact Report which has been
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released for public comment and how the City can support the project;
2) desalination project plans in Ventura County targeted at reducing the
amount of imported water, and the current efforts to adjudicate the water
supply to allow the project to continue moving forward; 3) clarification that
“high value” plants are plant materials that are not non-functional turf, and
encouragement to use drip and high efficiency irrigation methods;
4) agriculture in the County and clarification that the majority of agriculture
is grown using groundwater sources; 5) clarification on the basis of the
inequities in watering restrictions in the San Fernando Valley versus
Ventura County and the volumetric differences between water purveyors;
6) sustainability considerations associated with reducing the reliance and
use of imported groundwater, the reliability of local supply, and the
importance of diversity and flexibility in water supply sources;
7) clarification that using a volumetric cap method of conservation in
Moorpark would not be achievable; 8) comments on the efforts to educate
and enforce requirements with customers, and methods being used to
achieve compliance; 9) water conservation numbers demonstrate that
compliance is occurring; and 10) comments on the policy implications of
protracted drought versus the housing goals imposed on cities, and the
importance of prioritizing water for indoor use.
There were no speakers.
CONSENSUS: It was the consensus of the City Council to receive the
presentation.
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 8:25 p.m.
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 8:25 p.m.
C. Consider Resolution Approving the Second Amendment to the Disposition
and 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) Adopt Resolution No. 2022-4131, approving the
Second Amendment to Disposition and Development Agreement No.
2018-01, subject to final language approval by the City Manager. (ROLL
CALL VOTE REQUIRED)
Ms. Saxton gave the staff report.
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There were no speakers.
MOTION: Mayor Parvin moved and Councilmember Pollock seconded a motion
to adopt Resolution No. 2022-4131 approving the Second Amendment to
Disposition and Development Agreement No. 2018-01, subject to final language
approval by the City Manager. 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 8:29 p.m.
D. Consider Resolution Rescinding Resolution No. 2013-3249 and Adopting
the April 2022 Engineering and Traffic Survey for Speed Limits and
Approving the Posting of Speed Limits on Certain Street Segments. Staff
Recommendation: 1) Approve the April 2022 Engineering and Traffic
Survey for Speed Limits, prepared by Hartzog & Crabill, Inc.; and 2) Adopt
Resolution No. 2022-4132 that rescinds City Council Resolution No. 2013-
3249 and approves speed limits and posting of speed limit signs on
certain roadway segments identified in the April 2022 Engineering and
Traffic Survey for Speed Limits. (ROLL CALL VOTE REQUIRED)
Mr. Kim gave the staff report.
There were no speakers.
MOTION: Councilmember Enegren moved and Councilmember Groff seconded
a motion to 1) Approve the April 2022 Engineering and Traffic Survey for Speed
Limits, prepared by Hartzog & Crabill, Inc., and 2) Adopt Resolution No. 2022-
4132 that rescinds City Council Resolution No. 2013-3249 and approves speed
limits and posting of speed limit signs on certain roadway segments identified in
the April 2022 Engineering and Traffic Survey for Spe ed Limits. The motion
carried by unanimous roll call 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 Items 10.H. and 10.M.
which were pulled for individual consideration. The motion carried by unanimous roll
call vote.
(With respect to Items 10.H. and 10.M, the record notes that Councilmembers Enegren
and Groff serve on the Moorpark Chamber of Commerce Board of Directors in
volunteer, unpaid capacities with no financial interest.)
A. Consider Warrant Register for Fiscal Year 2022/23 – September 21, 2022.
Staff Recommendation: Approve the warrant register.
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B. Consider Minutes of City Council/Library Board Joint Special Meeting of
March 30, 2022. Staff Recommendation: Approve the minutes
C. Consider Minutes of City Council/Successor Agency Regular Meeting of
June 15, 2022.Staff Recommendation: Approve the minutes.
D. Consider Minutes of City Council/Successor Agency Regular Meeting of
July 6, 2022. Staff Recommendation: Approve the minutes.
E. Consider Write-Off of Certain Accounts Receivables in Connection with
Fiscal Year End 2021/22; and Approve Streamlined Co llection Plans for
Selected Aged Receivables. Staff Recommendation: 1) Approve the write-
off of all outstanding amounts associated with the invoices listed on
Exhibit A, which total $403,019.98. Due to the magnitude of the accounts
considered and the detailed reconciliation required to complete, should
final reconciliation of receivables result in an incremental variance of
$1,500 or less to the proposed amount. Council additionally approves said
increment, up to a write-off maximum of $404,519.98; and 2) Approve the
streamlined collection plans associated with on-going active receivables
as specifically described for each receivable in Exhibit B. (ROLL CALL
VOTE REQUIRED)
F. Consider Resolution to: Re-Allocate and Appropriate $7,701,674 of
American Rescue Plan Act (ARPA) Funds; Appropriate New Funding for
the Princeton Widening Project. Staff Recommendation: Adopt Resolution
No. 2022-4133, to amend the FY2022-23 Budget to transfer $5,688,798 of
previously appropriated ARPA Fund monies from the Princeton Avenue
Project to the new Library Project; amend the FY22-23 Budget to
appropriate $5,688,798 from the City Wide Traffic Mitigation Fund to the
Princeton Avenue Project; transfer allocation of $2,012,876 of FY2021-22
expenditures for the City Hall Project from the City Hall Improvement Fund
to the ARPA Fund. (ROLL CALL VOTE REQUIRED)
G. Consider Amendment No. 6 to Fleet Tracking Services using Global
Positioning System (GPS) Units between the City of Moorpark and
NexTraq, LLC. Staff Recommendation: Authorize the City Manager to
sign Amendment No. 6 to the Agreement for Fleet Tracking services
between the City of Moorpark and NexTraq LLC., subject to final language
approval by the City Manager.
I. Consider Amendment No. 1 to Agreement with SVA Architects, Inc. for
Additional Architectural Design Services for Audio/Visual and Broadcast
Production Design for Tenant Improvements at 323 Science Drive. Staff
Recommendation: Approve Amendment No. 1 to the agreement with SVA
Architects Inc., for additional Architectural Design Services related to
Audio/Visual and Broadcast Production in the amount of $35,905, and
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authorize the City Manager to execute the Amendment, subject to final
language approval of the City Manager.
J. Consider Resolution Exonerating Surety Bond No. 08974693 for
Improvements (Street and Storm Drain) and Surety Bond No. 09000859
for Monuments for Toll Land XIX, Limited Partnership – Tract No. 5045-8
(Pinnacle). Staff Recommendation: 1) Adopt Resolution No. 2022-4134,
exonerating surety bonds 08974693 and 09000859; and 2) Authorize the
City Clerk to exonerate the Bond as shown in the agenda report and draft
resolution. (ROLL CALL VOTE REQUIRED)
K. Consider a Resolution Exonerating Surety Bond No. 81961930 for
Grading for Toll XX, LP – Tract No. 5463 (Masters). Staff
Recommendation: 1) Adopt Resolution No. 2022-4135, exonerating surety
bonds 81961930; and 2) Authorize the City Clerk to exonerate the Bond
as shown in the agenda report and draft resolution. (ROLL CALL VOTE
REQUIRED)
L. Consider Acceptance of an Amendment to the Temporary Construction
Easement Agreement from National Ready Mixed Concrete Co. to the City
of Moorpark. Staff Recommendation: Adopt Resolution No. 2022-4136
Approving the Temporary Construction Easement Agreement and
authorizing the execution of a Certificate of Compliance in Connection
Therewith. (ROLL CALL VOTE REQUIRED)
AT THIS POINT in the meeting, Mayor Parvin announced she would recuse herself
from items 10.H. and 10.M. due to a potential for a perceived conflict of which she has
no financial gain, but she does have a relative that works and consults at the Chamber
of Commerce for that reason she will recuse herself. The time was 8:35 p.m.
The following items were pulled for individual consideration:
H. Consider Co-Sponsoring the Moorpark Chamber of Commerce’s Country
Days Parade and Street Fair. Staff Recommendation: 1) Agree to co-
sponsor the October 1, 2022, 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 servic es for the
Country Days event, as described in the Agreement, at no cost to the
Chamber of Commerce.
M. Consider Lease Agreement with the Moorpark Chamber of Commerce for
the Property and Building Located on 18 High Street. Staff
Recommendation: Approve the Lease Agreement with the Moorpark
Chamber of Commerce, and authorize the City Manager to sign the
Agreement, subject to final language approval by the City Manager.
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MOTION: Councilmember Enegren moved and Councilmember Pollock
seconded a motion to approve Consent Calendar Items 10.H. and 10.M. The
motion carried by roll call vote of 4-0, Mayor Parvin recused.
11. ORDINANCES:
A. Consider Ordinance No. 506 Approving Zone Change No. 2005-02, a
Zone Change from Residential Planned Development (RPD-7-14U) to
Residential Planned Development (RPD-15-25U), and Approving
Development Agreement No. 2005-04, on the Application of John Newton
on behalf of John C. Chiu, FLP-N. Staff Recommendation: Waive full
reading, declare Ordinance No. 506 read for the second time, and
adopted as read. (ROLL CALL VOTE REQUIRED)
Mr. Ennis read the title of Ordinance No. 506.
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, APPROVING ZONE CHANGE NO. 2005-02,
A ZONE CHANGE FROM RESIDENTIAL PLANNED
DEVELOPMENT (RPD-7-14U) TO RESIDENTIAL
PLANNED DEVELOPMENT (RPD-15-25U), AND
APPROVINGDEVELOPMENT AGREEMENT NO. 2005-04,
ON BEHALF OF JOHN C. CHIU, FLP-N.
MOTION: Mayor Parvin moved and Councilmember Enegren seconded a
motion to waive full reading, declare Ordinance No. 506 read for the second time,
and adopted as read. The motion carried by unanimous roll call vote.
12. CLOSED SESSION:
None.
13. ADJOURNMENT:
Mayor Parvin adjourned the meeting at 8:37 p.m.
Janice S. Parvin, Mayor
ATTEST:
Ky Spangler, City Clerk
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