HomeMy WebLinkAboutMIN 2023 0215 CC SA REG MINUTES OF THE CITY COUNCIL AND
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK
Moorpark, California February 15, 2023
A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency
was held on Wednesday, February 15, 2023, 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 Enegren called the meeting to order at 6:31 p.m.
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2. PLEDGE OF ALLEGIANCE:
Councilmember Castro led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Castro, Delgado, Groff, Means, and Mayor
Enegren.
Staff Present: Troy Brown, City Manager; Kevin Ennis, City Attorney;
PJ Gagajena, Assistant City Manager and Interim Finance
Director/City Treasurer; Brian Chong, Assistant to the City
Manager; Jeremy Laurentowski, Parks and Recreation
Director; Daniel Kim, City Engineer/Public Works Director;
Carlene Saxton, Community Development Director; Doug
Spondello, Deputy Community Development Director;
Shanna Farley, Principal Planner; Chris Ball, Senior
Management Analyst; Captain Darin Hendren, Ventura
County Sheriffs Office; and Blanca Garza, Deputy City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
None.
5. PUBLIC COMMENT:
John Davidson, Moorpark resident at the Masters at Moorpark, spoke to detail
on-going issues with improvements constructed by the developer, Toll Brothers,
including rolled curbs, provided background on the roll-curb design, described the
history of the Homeowners Association's efforts to get the developer to address
and correct the issues, listed other pending unfinished improvements Toll Brothers
is required to complete, and requested the City's assistance to resolve these
concerns as the Association has exhausted its options except taking legal action.
He submitted a correspondence item for Council information and requested the
City consider filing a claim on the improvement bonds.
Minutes of the City Council/Successor Agency
Moorpark, California
Page 2 February 15, 2023
Noel Potter, Moorpark resident, spoke with regard to the problems at the Masters at
Moorpark and in support of John Davidson's comments. She remarked the rolled
curb design is also an issue for disabled individuals and expressed the opinion that
the ramps do not comply with the Americans with Disabilities Act (ADA) laws, further
noting the developer has no motivation to correct the problematic situation.
Maria Ventura, Senior Public Affairs Manager with the Southern California Gas
Company, spoke to provide an update on natural gas rate charges, stated rates are
set by regional and national markets and natural gas purchase costs are billed to
customers with no markup, meaning Southern California Gas is not profiting from
higher costs being experienced. She further commented the California Public Utilities
Commission approved provision of a credit of$50.77 to west coast customers in their
February or March bill, and the Gas Company is assisting qualifying customers
through bill assistance forgiveness and level pay programs and will be delaying
collection activities and disconnections on overdue residential accounts.
Lori Preciado, Moorpark Friends of the Library, extended an invitation and provided
information on their upcoming fundraiser "Night of International Dance & Culture."
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
CONSENSUS: It was the consensus of the Council to pull Item 10.C. from the Consent
Calendar for individual consideration upon the request of Councilmember Groff.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
Councilmember Groff reported on February 4 he volunteered at the Moorpark
Groundhog Day Run to support the high school cross country and track programs.
Councilmember Groff reported on February 10 he attended the Moorpark Chamber
of Commerce installation dinner and auction at the Rancho de las Palmas event
center.
Councilmember Delgado reported on February 1-3 she attended the League of
California Cities New Mayors and Councilmembers Academy along with
Councilmembers Groff and Means and City Manager Brown.
Councilmember Delgado reported on February 9 she led the Moorpark Young
Professionals lunch at The Alley which takes place every third Thursday.
Councilmember Delgado reported on February 10 she attended the Moorpark
Chamber of Commerce installation dinner and auction.
Councilmember Means reported on February 1-3 he attended the League of
California Cities New Mayors and Councilmembers Academy.
Minutes of the City Council/Successor Agency
Moorpark, California
Page 3 February 15, 2023
Councilmember Means reported on February 4 he participated in the Moorpark
Groundhog Day Run.
Councilmember Means reported on February 10 he attended the Moorpark
Chamber of Commerce installation dinner and auction.
Councilmember Castro reported on February 10 he attended the Moorpark
Chamber of Commerce installation dinner.
Mayor Enegren reported he attended Walnut Canyon Elementary School's
Literacy Night where he read a book to children.
Mayor Enegren reported on February 10 he attended the Moorpark Chamber of
Commerce installation dinner.
Mayor Enegren announced the City of Moorpark has partnered with the High Street
Arts Center for the 12th annual "Moorpark Has Talent" show, to be held on Friday,
March 10. Auditions are open online and close February 20 For details and to
submit your audition video, visit www.highstreetartscenter.com.
Mayor Enegren announced Moorpark Police Department's "Coffee with the Chief'
event on Tuesday, February 21, from 10:00 to 11:00 a.m. where the Moorpark
Police Chief and members of the police department will offer community members
the opportunity to discuss issues and learn more about resources, services, and
needs of the community. Moorpark deputies and Volunteers in Policing, along with
Moorpark Police Chief Darin Hendren, will be at Starbucks located at 561 Los
Angeles Avenue and invite the community to come out and ask questions, voice
concerns, get crime prevention advice, and get to know the officers in your
neighborhood at this relaxed, informal event. This community-building event
promotes police-community partnerships and neighborhood camaraderie that
make our neighborhoods safer all year round.
8. PUBLIC HEARINGS:
A. Consider Resolution Approving General Plan Amendment No. 2023-01
Adopting the 2021-2029 Housing Element and Making a Determination of
Exemption Pursuant to the California Environmental Quality Act in
Connection Therewith. Planning Commission Recommendation: 1) Open
the public hearing, accept public testimony, and close the public hearing;
and 2) Adopt Resolution No. 2023-4159, approving General Plan
Amendment No. 2023-01 adopting the 2021-2029 Housing Element and
finding the project exempt from the California Environmental Quality Act.
(ROLL CALL VOTE REQUIRED)
Mr. Spondello gave the staff report and provided a PowerPoint presentation
along with Mark Hoffman, Associate Principal with Placeworks, Inc. (via
Zoom).
Minutes of the City Council/Successor Agency
Moorpark, California
Page 4 February 15, 2023
Mayor Enegren opened the public hearing at 7:07 p.m.
Janine Atkins, Moorpark resident, expressed concerns about the State's
mandated 1,200 units, stating this is an agricultural area, and requested an
explanation on what the City's exemptions are as discussed in the
presentation.
Mr. Ennis responded to Ms. Atkins explaining that housing units proposed
to be developed during the Housing Element's eight-year time period would
occur on land that has already been approved for specific projects that have
undergone environmental review and therefore City does not need to
undertake new environmental review in order to adopt the Housing Element
that therefore is exempt from additional review under the California
Environmental Quality Act (CEQA).
Mayor Enegren closed the public hearing at 7:12 p.m.
Questions and comments followed from Councilmembers to staff which
focused on the following: 1) how can the City make sure it is keeping pace
with its Regional Housing Needs Assessment (RHNA) allocations to ensure
that lower income affordable units that are approved are produced and the
City is not forced to use different zoning designations to achieve its RHNA
numbers; 2) clarification that the City's RHNA obligation is to provide land
with appropriate zoning to allow for the development of the allocated units
but the actual production of units falls on the private sector, however a
program within the Housing Element proposes the development of an
inclusionary ordinance requiring projects provide deed-restricted low
income units as a strategy the City will pursue; 3) explanation that the
RHNA process starts at the State level and allocations are distributed by
the Southern California Association of Governments (SCAG) to the six
counties in its region and Moorpark does not control the numbers allocated
to it; 4) discussion of consequences associated with a jurisdiction's failure
to update its Housing Element or meet RHNA requirements by failing to
designate land which include being sued or being subject to legislation from
the State Attorney, the potential for the State to take over issuance of
building permits, and jeopardizing the ability to obtain State funding;
5) under Housing Accountability Act cities that do not have a certified
Housing Element and don't have objective development standards can be
subject to by-right development for developers proposing high-density
affordable projects; 6) staff confirmed the State has reviewed the City's draft
Housing Element and determined it complies with state law and is now
pending the State's final certification; annual progress reports are required,
and implementation tools in the Housing Element will help support
development of the allocated units; and 7) current Development Agreements
for approved projects have thresholds for the timing of construction of
required affordable units, noting building permits for additional market-rate
units will not be issued until affordable units are constructed.
Minutes of the City Council/Successor Agency
Moorpark, California
Page 5 February 15, 2023
MOTION: Councilmember Delgado moved and Councilmember Groff seconded a
motion to adopt Resolution No. 2023-4159, approving General Plan Amendment
No. 2023-01 adopting the 2021-2029 Housing Element and finding the project
exempt from the California Environmental Quality Act. The motion carried by
unanimous roll call vote.
B. Consider an Ordinance Approving the Third Amendment to the
Development Agreement No. 2012-03 between the City of Moorpark and
Essex Moorpark Owner, L.P., 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: 1) Open the public hearing, accept public testimony, and
close the public hearing; and 2) Introduce Ordinance No. 511 approving the
Third 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 March 1 , 2023, for
purposes of providing second reading and adoption of the ordinance.
(ROLL CALL VOTE REQUIRED)
Ms. Farley gave the staff report and noted the applicant is available on
Zoom if there are any questions.
Mayor Enegren opened the public hearing at 7:17 p.m.; having no speakers,
the public hearing was closed.
Mr. Ennis read the title of Ordinance No. 511:
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, APPROVING THE THIRD
AMENDMENT TO DEVELOPMENT AGREEMENT
NO. 2012-03 BETWEEN THE CITY OF MOORPARK
AND ESSEX MOORPARK OWNER, L.P., AND
MAKING A DETERMINATION OF EXEMPTION
PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT IN CONNECTION
THEREWITH
MOTION: Mayor Enegren moved and Councilmember Castro seconded a motion
to introduce Ordinance No. 511 approving the Third 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 March 1,
2023, for purposes of providing second reading and adoption of the ordinance.
The motion carried by unanimous roll call vote.
Minutes of the City Council/Successor Agency
Moorpark, California
Page 6 February 15, 2023
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Name for Inclusive Playground at Tierra Rejada Park. Staff
Recommendation: Select "Enchanted Playground at Tierra Rejada Park" as
the name of the inclusive playground at Tierra Rejada Park.
Mr. Ball gave the staff report and provided a PowerPoint presentation.
Questions and comments followed from Councilmembers to staff which
focused on the following: 1) discussion if park name submittals were
advertised as a contest vs. helping to select; and 2) submission totals from
Moorpark residents vs. submittals from communities outside the City.
There were no speakers.
MOTION: Councilmember Groff moved and Councilmember Delgado seconded a
motion to select "Enchanted Playground at Tierra Rejada Park" as the name of the
inclusive playground at Tierra Rejada Park. The motion carried by unanimous
voice vote.
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Mayor Enegren moved, and Councilmember Means seconded a motion to
approve the Consent Calendar with the exception of Item 10.C. which was pulled for
individual consideration. The motion carried by unanimous roll call vote.
A. Consider Warrant Register for Fiscal Year 2022/23 - February 15, 2023.
Staff Recommendation: Approve the warrant register.
B. Consider Amendment No. 1 to the Agreement between the City of Moorpark
and Moorpark Little League for Permanent Improvements to Ballfield No. 1 at
Poindexter Park. Staff Recommendation: Approve Amendment No. 1 to the
Agreement between the City of Moorpark and Moorpark Little League for
the installation of improvements to Ballfield No.1 at Poindexter Park; and
authorize the City Manager to sign the Agreement, subject to final language
approval of the City Manager.
D. Consider Approval of Estoppel Certificate for Development Agreement by
and between the City of Moorpark, A-B Properties, and Burns Pacific
Construction, Inc.; Authorize the City Manager to Execute a Subdivision
Improvement Agreement between the City of Moorpark and Hecate Grid
Gwent Land, LLC; Terminate Subdivision Improvement Agreement
between City of Moorpark and Burns Pacific Construction, Inc.; and
Consider Resolution Exonerating Surety Bonds from Burns Pacific
Construction, Inc. Staff Recommendation: 1) Authorize the Mayor to
execute the Estoppel Certificate; and 2) Authorize the City Manager to
execute the Subdivision Improvement Agreement with the buyer, subject to
final language and acceptance of the provided sureties for all
immommigor
Minutes of the City Council/Successor Agency
Moorpark, California
Page 7 February 15, 2023
improvements, as required by the Subdivision Improvement Agreement;
and 3) Upon execution of a new Subdivision Improvement Agreement with
the buyer, authorize the City Manager to terminate the current Subdivision
Improvement Agreement with Burns Pacific Construction, Inc.; and 4)Adopt
Resolution No. 2023-4160, exonerating surety bond numbers 4418694,
4418695, 4418697, 4418698, 4444897, 4444898, and 4444899; and
5) Direct the City Clerk to exonerate surety bond numbers as shown in the
agenda report and draft resolution after the Subdivision Improvement
Agreement between the City and the buyer is fully executed. (ROLL CALL
VOTE REQUIRED)
E. Consider Resolution Exonerating Surety Bonds for Tract No. 5147, Burns
Pacific Construction, Inc. Staff Recommendation: 1) Adopt Resolution No.
2023-4161, exonerating surety bond numbers 4418696 and 4418699; and
2) Direct the City Clerk to exonerate surety bond numbers as shown in the
agenda report and draft resolution. (ROLL CALL VOTE REQUIRED)
The following item was pulled for individual consideration:
AT THIS POINT in the meeting, Councilmember Groff announced his recusal from
participation in Consent Calendar Item 10.C. because this Item involves property within
500 feet or property that he owns on High Street.
C Consider the Notice of Completion for the Metrolink North Parking Lot
Expansion Project (CIP Project No. C0032) Specification No. MPK 21-02
and Authorization for Release of Project Bonds in Accordance with the
Contract Provisions. Staff Recommendation: 1) Accept completion of the
Metrolink North Parking Expansion Project (CIP No. C0032) Specification
No. MPK 21-02 and authorize the City Clerk to file the Notice of Completion
with the Ventura County Recorder's Office; and 2) Authorize the City Clerk
to release the Faithful Performance and Material Suppliers and Laborers
Bond, Bond No. RCB0031258, one year after the date of recordation of the
Notice of Completion.
MOTION: Mayor Enegren moved and Councilmember Delgado seconded a
motion to approve Consent Calendar Item 10.C. The motion carried by voice vote
4-0, Councilmember Groff recused.
11. ORDINANCES:
None.
12. CLOSED SESSION:
Mr. Brown requested the City Council go into closed session for discussion of Item
12.A. on the agenda. The time was 7:47 p.m.
III . . .
Minutes of the City Council/Successor Agency
Moorpark, California
Page 8 February 15, 2023
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Paragraph (1) of Subdivision (b) of Government Code Section 54957
Title: City Manager
Present in closed session were Councilmembers Castro, Delgado, Groff, Means
and Mayor Enegren; and Troy Brown, City Manager.
The Council reconvened into open session at 8:17 p.m. Mr. Brown stated Item
12.A. was discussed and there was no action to report.
13. ADJOURNMENT:
MOTION: Mayor Enegren moved and Councilmember Groff seconded a motion to
adjourn. The motion carried by unanimous voice vote. The time was 8:17 p.m.
Chris R. En ren, Mayor
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