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HomeMy WebLinkAboutAGENDA REPORT 2023 0419 CCSA REG ITEM 10CCITY OF MOORPARK, CALIFORNIA City Council Meeting of April 19, 2023 ACTION APPROVED STAFF RECOMMENDATION. BY A. Hurtado. C. Consider Minutes of City Council/Successor Agency Regular Meeting of February 15, 2023. Staff Recommendation: Approve the minutes. (Staff: Ky Spangler, City Clerk) Item: 10.C. 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. 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 Sheriff's 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 devel oper 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. Item: 10.C. 210 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. 211 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). 212 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 Governmen ts (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. 213 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. 214 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 215 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. 216 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. Enegren, Mayor ATTEST: Ky Spangler, City Clerk 217