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HomeMy WebLinkAboutMIN 2023 0301 CC SA REG MINUTES OF THE CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Moorpark, California March 1, 2023 A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency was held on Wednesday, March 1, 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. 2. PLEDGE OF ALLEGIANCE: Deputy Community Development Director Doug Spondello led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Castro, Delgado, Means, and Mayor Enegren. Absent: Councilmember Groff. 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; Yolanda Cunning, Administrative Services Director and City Treasurer; Jeremy Laurentowski, Parks and Recreation Director; Daniel Kim, City Engineer/Public Works Director; Carlene Saxton, Community Development Director; Doug Spondello, Deputy Community Development Director; Chris Thompson, Senior Information Systems Administrator; Captain Darin Hendren, Ventura County Sheriffs Office; and Ky Spangler, City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation Declaring March as Women's History Month. Mayor Enegren introduced Tamra Feito, President of the Moorpark Women's Fortnightly Club and presented her with a Proclamation declaring March as Women's History Month. 5. PUBLIC COMMENT: John Ou, Moorpark resident and President of the Stop Drowning Now Club Chapter at Moorpark High School Club commented on the goal to become "No Minutes of the City Council/Successor Agency Moorpark, California Paqe 2 March 1, 2023 Drown Town". He provided information on tragic drownings in our region and asked for the City's partnership and financial support of $2,375 per year for three years to educate the community to eliminate drowning. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND MAYOR: Councilmember Means reported on February 22 he, along with staff, attended the Calleguas Municipal Water District Drought Task Force meeting noting Calleguas has been operating on a 5% allocation from the State Water Project resulting in water restrictions and fines. He reported fines will be ceasing, and it is expected that watering two times a week will be permitted. He noted the State Water Project allocation could raise from five percent to between 30 and 50 percent in the future. Mayor Enegren reported on February 28 he read Mother Bruce at Ms. Valencia's third grade class at Arroyo West Elementary School and tomorrow will be reading at another event in town. Mayor Enegren reported on March 1 he attended a Moorpark Chamber of Commerce Government Relations Committee meeting. Mayor Enegren extended an invitation to meet USA Today bestselling author, Erin Huss, at the Moorpark City Library on Saturday, March 18 at 1:00 p.m. She is the author of The Lost Souls Lane Mystery Series, The Cambria Clyne Mystery Series, the Podcasting Sisters Mystery Series, and The Malibu Magic Mystery Series. Her first book in The Cambria Clyne Mystery Series, French Vanilla & Felonies, was awarded silver in the International Readers' Favorite Awards and has recently been optioned for television. Mayor Enegren announced registration is now open for Spring recreation programs. The Arroyo Vista Recreation Center offers a variety of classes, camps, and sports for all ages. For details on spring recreation programs, visit moorparkca.gov/recreation.com . Mayor Enegren extended an invitation to the annual Easter Egg Hunt on Saturday, April 8 at Arroyo Vista Community Park which will include egg hunts with prizes, spring-themed carnival games, inflatable attractions, a petting zoo, and photo opportunities with the Easter Bunny. Wristbands are on sale now at the Arroyo Vista Recreation Center. For details visit moorpark ca.gov/egghunt.com . 8. PUBLIC HEARINGS: None. Minutes of the City Council/Successor Agency Moorpark, California Page 3 March 1, 2023 9. PRESENTATION/ACTION/DISCUSSION: A. Consider Waiving City Council Policy Regarding Commissioner Recruitment and Consider Appointment to Fill an Unscheduled Vacancy on the Moorpark Arts Commission. Staff Recommendation: Consider waiving City Council Policy 2.2, hear presentation from Arts Commission applicant, and thereafter consider appointment to the Arts Commission to fill an unscheduled vacancy for a term expiring December 31, 2024. Ms. Spangler gave the staff report. MOTION: Mayor Enegren moved and Councilmember Delgado seconded a motion to waive City Council Policy 2.2 regarding recruitment and hear presentation from the Arts Commission applicant. The motion carried by voice vote 4-0, Councilmember Groff absent. The Council heard presentation from Arts Commission applicant Charles Blaugrund. There were no additional public speakers. MOTION: Mayor Enegren moved, and Councilmember Delgado seconded a motion to appoint Charles Blaugrund to the Arts Commission to fill an unscheduled vacancy for a term expiring December 31, 2024. The motion carried by voice vote 4-0, Councilmember Groff absent. B. Consider Presentation on the 2050 General Plan Circulation and Noise Elements. Staff Recommendation: Receive presentation and provide confirmation that Draft Circulation and Noise Elements address the community's future needs. Mr. Spondello gave the staff report and provided a PowerPoint presentation. Discussion and questions among Councilmembers and staff followed focusing on: 1) whether developers or businesses have provided rideshare and/or bicycle programs as part of mitigation measures and if they have resulted in a positive impact; it was noted those mitigation measures will be applied to future projects; 2) discussion of level of service standards proposed in the General Plan noting existing standards will be maintained citywide through payment of traffic mitigation fees, and traffic mitigation fees require a direct nexus to a project; further discussion of development impact fees and associated state requirements will be discussed at a future City Council meeting; 3) project traffic fees must be applied to project impacts and if the level of service is below what is required in the General Plan, the City is obligated to make the improvements to maintain the level of service which could result in a need to use eminent domain; 4) discussion of Walnut Canyon and Moorpark Avenue and how to ensure that eminent domain is used as a last resort should Caltrans desire to widening these roadways in Minutes of the City Council/Successor Agency Moorpark, California Page 4 March 1, 2023 the future; and 5) discussions had by the General Plan Advisory Committee (GPAC) regarding levels of service and the policy decision to reduce the level of service from C to D for the purposes of preserving neighborhoods and avoiding the use of eminent domain in order in improve traffic flow. Linda Shishino-Cruz, Moorpark resident, spoke to address bicycling concerns including bike access and bike lanes in the Circulation Element noting this is different than pedestrian access, and suggested that plan take into account more alternative vehicles including ebikes, tricycles, and scooters. She inquired about the bike circulation paths and requested additional routes be added to provide alternative safer routes, and generally commented on dangerous locations in and adjacent to the City that should be considered. Additional discussion among Councilmembers and staff took place regarding: 1) explanation of how pedestrian and bicycle facilities are differentiated in the Circulation Element, they have separated them out to ensure safety for both users; 2) whether there is danger of losing access to the Arroyo Simi trail for use as a bike path, it was noted that the City has not made contact with property owners to acquire property or easements; and some portions are improved and maintained by the Watershed Protection District however, other unimproved areas such as Virginia Colony would require study; and 3) it was confirmed that the City does not have purview on issues outside of the City limits but can seek to influence discussions with other agencies; 4) confirmation that reducing the level of service will not affect first responder response ability and response time is also analyzed in the environmental document. CONSENSUS: It was the consensus of the City Council to receive presentation and provide confirmation that Draft Circulation and Noise Elements address the community's future needs. C. Consider Resolution Authorizing Mid-Year Amendments to Fiscal Year 2022/23 Budget. Staff Recommendation: Adopt Resolution No. 2023-4162 amending the Fiscal Year 2022/23 budget as noted in Exhibits "A", "B", and "C" to the attached resolution. (ROLL CALL VOTE REQUIRED) Mr. Gagajena gave the staff report and provided a PowerPoint presentation. There were no speakers. MOTION: Mayor Enegren moved, and Councilmember Delgado seconded a motion to adopt Resolution No. 2023-4162, amending the Fiscal Year 2022/23 budget as noted in Exhibits "A", "B", and "C"to the attached resolution. The motion carried by roll call vote 4-0, Councilmember Groff absent. Minutes of the City Council/Successor Agency Moorpark, California Page 5 March 1, 2023 D. Consider Resolution Amending the Fiscal Year (FY) 2022/23 Budget to Allocate the American Rescue Plan Act of 2021 (ARPA) Funds to Various Programs and as General Fund Revenue Replacement. Staff Recommendation: Adopt Resolution No. 2023-4163, to amend the Fiscal Year 2022/23 Budget to allocate ARPA Funds to scholarships for the City's preschool and recreational programming ($70,000) and trash control devices on stormdrain catch basins ($80,000). (ROLL CALL VOTE REQUIRED) Mr. Chong gave the staff report. A correction to the staff report and draft resolution was noted in a Supplemental Report, revising an incorrect dollar amount included in the title of the draft resolution. Discussion and questions among Councilmembers and staff followed focusing on: 1) since the City cannot fund mental health services directly, is there a means to get Moorpark residents to the locations that provide these services; it was noted there are mental health facilities in Simi Valley and Thousand Oaks available to Moorpark residents to receive services; individuals in immediate crisis are encouraged to dial 211 to connect to emergency resources that are available 24/7; 2) regarding the proposed funding for trash excluders, it was noted that while the City is not out of compliance with water quality requirements at this time, it has a requirement to install trash excluders in 50% of its catch basins within five years; 3) it was acknowledged that staff has put significant time into researching County mental health resources and services; 4) if the scholarship funds are not fully utilized, Council action to reprogram those funds would be required; 5) more in-depth study and information sharing is needed with the County on what specific mental health service needs exist in Moorpark; 6) the County is currently partnering with Moorpark College and the School District on outreach efforts to identify community needs and educate students and families on resources; 7) it was requested that staff return with a future agenda item to monitor the continued exploration of offering mental health services in Moorpark; 8) confirmation that the $70,000 in scholarships will likely be spent in full among the various recreation programs, noting the Little Learner's Academy has not been offered in the past and would also be eligible for scholarship funding. There were no speakers. CONSENSUS : It was the consensus of the City Council to have staff return with a future agenda item for further consideration on the topic of mental health and wellness and to monitor the progress of the on-going discussions with the County. MOTION: Mayor Enegren moved, and Councilmember Delgado seconded a motion to Adopt Resolution No. 2023-4163, to amend the Fiscal Year 2022/23 Budget to allocate ARPA Funds to scholarships for the City's preschool and recreational programming ($70,000) and trash control devices on stormdrain catch Minutes of the City Council/Successor Agency Moorpark, California Page 6 March 1, 2023 basins ($80,000). The motion carried by roll call vote 4-0, Councilmember Groff absent. 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Councilmember Delgado moved, and Mayor Enegren seconded a motion to approve the Consent Calendar. The motion carried by roll call vote 4-0, Councilmember Groff absent. A. Consider Warrant Register for Fiscal Year 2022/23 — March 1, 2023. Staff Recommendation: Approve the warrant register. B. Consider Minutes of City Council/Successor Agency Regular Meeting of January 18, 2023. Staff Recommendation: Approve the minutes. C. Consider Minutes of Special Joint City Council/Planning Commission Meeting of January 25, 2023. Staff Recommendation: Approve the minutes. D. Consider Resolution Amending the Fiscal Year 2022/23 Budget and Authorizing the Transfer of General Fund and Gas Tax Monies to Cover Fiscal Year 2021/22 Year-End Deficits in Certain Funds for the City's Landscaping and Lighting Assessment Districts. Staff Recommendation: Adopt Resolution No. 2023-4164. (ROLL CALL VOTE REQUIRED) E. Consider Amendment No. 4 to Agreement with Lance, Soll & Lunghard, LLP for Independent Financial Audit for the Fiscal Years Ending June 30, 2023 and June 30, 2024. Staff Recommendation: Authorize the City Manager to execute the Amendment, subject to final language approval by the City Manager. F. Consider the City of Moorpark 2022 General Plan Annual Progress Report Including the Housing Element Progress Report. Staff Recommendation: Receive and file the report. G. Consider Agreement with Interior Office Solutions, Inc. dba PeopleSpace for the Purchase of Interior Furniture for New City Hall Tenant Improvements at 323 Science Drive and Consider Resolution Amending the Fiscal Year 2022/23 Budget by Appropriating $ 756,748 from City Hall Improvement Fund (3001) to Project C0070 for Furniture Procurement. Staff Recommendation: 1) Approve Purchase and Installation agreement with Interior Office Solutions, Inc., for Furniture Procurement and Installation Services in the amount of $ 756,747.45, and authorize the City Manager to execute the agreement, subject to final language approval of the City Manager and City Attorney; and 2) Adopt Resolution No. 2023- 4165 amending the Fiscal Year 2022/23 budget to fund furniture procurement and installation services. (ROLL CALL VOTE REQUIRED) Minutes of the City Council/Successor Agency Moorpark, California Page 7 March 1, 2023 H. Consider Relocation of Rocket Ship Play Structure from Tierra Rejada Park to Glenwood Park and Making a Determination of Exemption under California Environmental Quality Act in Connection Therewith. Staff Recommendation: 1) Approve the relocation of the Rocket Ship play structure from Tierra Rejada Park to Glenwood Park; and 2) Determine that relocation of the Rocket Ship play structure from Tierra Rejada Park to Glenwood Park is exempt from the California Environmental Quality Act. Consider Agreements with Willdan Financial Services and Jones Hall for Formation of Community Facilities Districts. Staff Recommendation: 1) Approve Agreement with Willdan Financial Services for a total not-to- exceed amount of$75,000 annually; and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager; and 2) Approve Agreement with Jones Hall for a total not-to-exceed amount of $75,000 annually; and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager. J. Consider a Memorandum of Understanding (MOU) to Participate in the Ventura County Regional SB 1383 Food Recovery Plan Development, and Authorize the City Manager to Execute the MOU. Staff Recommendation: Authorize the City Manager to execute the attached Memorandum of Understanding (MOU) to Participate in the Ventura County Regional SB 1383 Food Recovery Plan Development, subject to final language approval by the City Manager. K. Consider Resolution Exonerating Surety Bonds for Tract No. 5147, Burns Pacific Construction, Inc. Staff Recommendation: 1) Adopt Resolution No. 2023-4166, exonerating surety bond numbers 104849880, 104849881, and 104849882; and 2) Direct the City Clerk to exonerate surety bond numbers as shown in the agenda report and draft resolution. (ROLL CALL VOTE REQUIRED) L. Consider Filling of Administrative Services Director Position. Staff Recommendation: Approve filling of Administrative Services Director position. 11. ORDINANCES: A. Consider Ordinance No. 511 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. Staff Recommendation: Waive full reading, declare Ordinance No. 511 read for the second time, and adopted as read. Mr. Ennis read the title for Ordinance No. 511. Minutes of the City Council/Successor Agency Moorpark, California Page 8 March 1 , 2023 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. There were no speakers. MOTION: Mayor Enegren moved, and Councilmember Castro seconded a motion to waive full reading, declare Ordinance No. 511 read for the second time and adopted as read. The motion carried by roll call vote 4-0, Councilmember Groff absent. 12. CLOSED SESSION: Mr. Brown requested the City Council go into closed session for discussion of Items 12.A, 12.B, and 12.C. on the agenda. The time was 7:51 p.m. A. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Paragraph (1) of subdivision (d)of Government Code Section 54956.9 Las Posas Valley Water Rights Coalition et al. v. Fox Canyon Groundwater Management Agency, et al., (Case No. 56-2018-00509700-CU-EI-VTA) B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant Exposure to Litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 - One (1) potential case Based on facts and circumstances referenced in a communication from the City Attorney's Office to the Law Offices of Angel J. Horacek dated February 10, 2023 C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Paragraph (1) of Subdivision (b) of Government Code Section 54957 Title: City Attorney Present in closed session were Councilmembers Castro, Delgado, Means, and Mayor Enegren; Troy Brown, City Manager; Kevin Ennis, City Attorney; PJ Gagajena, Assistant City Manager; B. Tilden Kim, Assistant City Attorney (via Zoom); Jeremy Laurentowski, Parks & Recreation Director; Arlene Balmadrid, Human Resources Manager (via Zoom); Michelle Prescott, City Attorney with Wesierski & Zurek, LLP (via Zoom), and Paul Zeglovich, Program Liability Manager, California Joint Powers Insurance Authority (via Zoom). Mr. Laurentowski and Mr. Kim departed at Minutes of the City Council/Successor Agency Moorpark, California Page 9 March 1, 2023 8:15 p.m. Ms. Balmadrid, Mr. Gagajena, Ms. Prescott, and Mr. Zeglovich departed at 8:42 p.m. The Council reconvened into open session at 9:02 p.m. Mr. Brown stated Items 12.A, 12.B, and 12.C. were discussed. With respect to Item 12.A, it was reported the Council voted unanimously (4-0, Councilmember Groff absent) to authorize the Mayor or City Manager to execute the Las Posas Phase 3 Settlement Agreement in the Las Posas Valley Water Rights Coalition v. Fox Canyon Groundwater Management Agency case. With respect to Items 12.B. and 12.C. there was no action to report. 13. ADJOURNMENT: MOTION: Mayor Enegren moved and Councilmember Means seconded a motion to adjourn. The motion carried by voice vote 4-0, Councilmember Groff absent. The time was 9:02 p.m. Chris R. Enegr , ayo ATTEST: PQy,pK Cqt r w Ky Sp.it ler, City lerk1M. 0 ,p �