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Minutes

Moorpark City Council
September 6, 2023

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Minutes
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September 6, 2023
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Moorpark City Council
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MOORPARK CITY COUNCIL AND

SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK ("SUCCESSOR AGENCY")

REGULAR MEETING ANNOTATED AGENDA
SEPTEMBER 06, 2023
6:30 PM
Moorpark Community Center
799 Moorpark Avenue
All items listed are heard and acted upon by the Moorpark City Council unless otherwise noted.

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1. CALL TO ORDER:
6:30 P.M.

2. PLEDGE OF ALLEGIANCE:

DEPUTY COMMUNITY DEVELOPMENT DIRECTOR DOUG SPONDELLO LED THE PLEDGE OF ALLEGIANCE.

3. ROLL CALL:

PRESENT:

COUNCILMEMBER CASTRO, COUNCILMEMBER DELGADO, COUNCILMEMBER GROFF, COUNCILMEMBER MEANS, and MAYOR ENEGREN.

4. PROCLAMATIONS AND COMMENDATIONS:

A.

Proclamation Declaring September 15 to October 15 as Hispanic Heritage Month.

MAYOR ENEGREN PRESENTED JULIANNA KENT FROM THE MOORPARK COLLEGE LATINX CLUB WITH A PROCLAMATION DECLARING SEPTEMBER 15 TO OCTOBER 15 AS HISPANIC HERITAGE MONTH.

B.

Introduction of New Employee, Sara Durghalli, Assistant Planner in the Community Development Department.

MAYOR ENEGREN INTRODUCED SARA DURGHALLI, ASSISTANT PLANNER IN THE COMMUNITY DEVELOPMENT DEPARTMENT.

5. PUBLIC COMMENT:

NONE.

6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:

NONE.

7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND MAYOR:

THE MAYOR AND COUNCILMEMBERS MADE ANNOUNCEMENTS AND REPORTED ON MEETINGS ATTENDED.

8. PUBLIC HEARINGS:

A.

Consider Ordinance Approving Zoning Ordinance Amendment No. 2023-02 to Modify Table 17.20.060(D)(6) and (8) of the Moorpark Municipal Code to Allow Self-storage and Welding within the Industrial Flex Zone with an Approved Conditional Use Permit and Making a Determination of Consistency with the General Plan 2050 Program Environmental Impact Report 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) Introduce Ordinance No. 518: a) making a determination that Zoning Ordinance Amendment No. 2023-02 is consistent with the scope of the Program Environmental Impact Report for General Plan 2050 and no further environmental review is required pursuant to the California Environmental Quality Act; and b) approving Zoning Ordinance Amendment No. 2023-02. (Staff: Doug Spondello, Deputy Community Development Director) (ROLL CALL VOTE REQUIRED) AGENDA REPORT 2023 0906 CCSA REG ITEM 08A
APPROVED STAFF RECOMMENDATIONS INCLUDING INTRODUCTION OF ORDINANCE NO. 518, AS AMENDED.  (ROLL CALL VOTE: UNANIMOUS)

9. PRESENTATION/ACTION/DISCUSSION:

A.

Consider Presentations from Applicants for the Santa Monica Mountains Conservancy Advisory Committee and Make Appointment to Complete the Remaining Term Due to an Unscheduled Vacancy. Staff Recommendation: Hear presentations from applicants and consider appointment of a representative to fill an unscheduled vacancy on the Santa Monica Mountains Conservancy Advisory Committee for a term concluding December 31, 2024. (Staff: Ky Spangler, City Clerk) AGENDA REPORT 2023 0906 CCSA REG ITEM 09A
APPOINTED ROSEANN MIKOS TO SERVE ON THE SANTA MONICA MOUNTAINS ADVISORY COMMITTEE TO A TERM ENDING DECEMBER 31, 2024.  (VOICE VOTE: UNANIMOUS) B.

Consider Fine Free Policy at Moorpark City Library and Waiver of Accrued Library Fines. Staff Recommendation: 1) Provide discussion and direction of implementation of a fine free library; and 2) Approve waiver of $61,810.67 in late fines at the Moorpark City Library. (Staff: Jessica Sandifer, Deputy Parks and Recreation Director) AGENDA REPORT 2023 0906 CCSA REG ITEM 09B
PROVIDED DIRECTION TO STAFF TO: APPROVE WAIVER OF $61,810.67 IN LATE FINES AT THE MOORPARK CITY LIBRARY; IMPLEMENT A FINE FREE LIBRARY POLICY; DISCONTINUE BLOCKING ACCESS TO IN-LIBRARY SERVICES FOR OVERDUE ACCOUNTS; AND DEVELOP A METRIC FOR TRACKING RETURN OF MATERIALS AND REPORT BACK ON OUTCOMES IN ONE YEAR.  (VOICE VOTE: UNANIMOUS) C.

Consider Award of Agreement to PFM Group Consulting, LLC for Development of an Economic Development Strategic Plan; and Consider Resolution Amending the Fiscal Year 2023/24 Budget to Appropriate $102,265 from the General Fund to the Economic Development Fund. Staff Recommendation: 1) Award Agreement to PFM Group Consulting, LLC; and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager and City Attorney, for the development of the City of Moorpark’s four-year Economic Development Strategic Plan; and 2) Adopt Resolution No. 2023-4200, amending the Fiscal Year 2023/24 budget by allocating $102,265 from the General Fund (1000) to fully fund the project. (Staff: Carlene Saxton, Community Development Director) (ROLL CALL VOTE REQUIRED) AGENDA REPORT 2023 0906 CCSA REG ITEM 09C
APPROVED STAFF RECOMMENDATION, INCLUDING ADOPTION OF RESOLUTION NO. 2023-4200.  (ROLL CALL VOTE: UNANIMOUS) D.

Consider Recommended Artwork and Award Agreement to Russell Rock dba UrbanRock Design for the Inclusive Playground Gateway and Fencing Public Art Project. Arts Commission Recommendation: 1) Approve "Fence Concert" by UrbanRock Design as the artwork for the Inclusive Playground Gateway and Fencing Public Art Project; and 2) Approve Agreement with Russell Rock dba UrbanRock Design for an amount not-to-exceed $130,000, and authorize the City Manager to sign the Agreement, subject to final language approval by the City Manager, and authorize the City Manager to approve additional work not-to-exceed 10% of the amount of the Agreement. (Staff: Chris Ball, Senior Management Analyst) AGENDA REPORT 2023 0906 CCSA REG ITEM 09D
REJECTED STAFF RECOMMENDATION.  (VOICE VOTE: UNANIMOUS)

10. CONSENT CALENDAR:  (ROLL CALL VOTE REQUIRED)
APPROVED CONSENT CALENDAR.  (ROLL CALL VOTE: UNANIMOUS) A.

Consider Warrant Register for Fiscal Year 2022/23 - September 6, 2023. Staff Recommendation: Approve the warrant register. (Staff: Yolanda Cunning, Finance/Administrative Services Director and City Treasurer) AGENDA REPORT 2023 0906 CCSA REG ITEM 10A
APPROVED STAFF RECOMMENDATION.

B.

Consider Warrant Register for Fiscal Year 2023/24 - September 6, 2023. Staff Recommendation: Approve the warrant register. (Staff: Yolanda Cunning, Finance/Administrative Services Director and City Treasurer) AGENDA REPORT 2023 0906 CCSA REG ITEM 10B
APPROVED STAFF RECOMMENDATION.

C.

Consider Minutes of City Council/Successor Agency Regular Meeting of May 17, 2023. Staff Recommendation: Approve the minutes. (Staff: Ky Spangler, City Clerk) AGENDA REPORT 2023 0906 CCSA REG ITEM 10C
APPROVED STAFF RECOMMENDATION.

D.

Consider Minutes of City Council/Successor Agency Special Meeting of May 24, 2023. Staff Recommendation: Approve the minutes. (Staff: Ky Spangler, City Clerk) AGENDA REPORT 2023 0906 CCSA REG ITEM 10D
APPROVED STAFF RECOMMENDATION.

E.

Consider Award of Agreement to Cope Notes, LLC for Text Messaging Mental Health Services; and Consider Resolution Amending Fiscal Year (FY) 2023/24 Budget by Allocating $10,500 from the America Rescue Plan Act Fund (2800) to Fund the Services. Staff Recommendation: 1) Award agreement to Cope Notes, LLC for text messaging mental health services for a total not-to-exceed contract value of $10,500; and authorize the City Manager to sign the agreement, subject to final language approval of the City Manager; and 2) Adopt Resolution No. 2023-4201, amending the FY 2023/24 budget by allocating $10,500 from the America Rescue Plan Act Fund (2800) to fund the services. (Staff: PJ Gagajena, Assistant City Manager) (ROLL CALL VOTE REQUIRED) AGENDA REPORT 2023 0906 CCSA REG ITEM 10E
APPROVED STAFF RECOMMENDATION, INCLUDING ADOPTION OF RESOLUTION NO. 2023-4201.  (ROLL CALL VOTE: UNANIMOUS) F.

Consider Resolution Adopting a Revised Management Benefits Program Removing References to Certain Dates, Updating Medical Insurance Information, and Updating Job Titles, and Rescinding Resolution No. 2023-4170. Staff Recommendation: Adopt Resolution No. 2023-4202, rescinding Resolution No. 2023-4170. (Staff: PJ Gagajena, Assistant City Manager) (ROLL CALL VOTE REQUIRED) AGENDA REPORT 2023 0906 CCSA REG ITEM 10F
ADOPTED RESOLUTION NO. 2023-4202.  (ROLL CALL VOTE: UNANIMOUS) G.

Consider Resolution Amending Fiscal Year 2023/24 Budget to Increase Appropriations for Fiscal Year 2022/23 Purchase Order Carry Overs. Staff Recommendation: Adopt Resolution No. 2023-4203. (Staff: Yolanda Cunning, Finance/Administrative Services Director and City Treasurer) (ROLL CALL VOTE REQUIRED) AGENDA REPORT 2023 0906 CCSA REG ITEM 10G
ADOPTED RESOLUTION NO. 2023-4203.  (ROLL CALL VOTE: UNANIMOUS) H.

Consider Resolution Correcting Expenditure Accounts for American Rescue Plan Act Funding and Rescinding Resolution No. 2023-4163. Staff Recommendation:  Adopt Resolution No. 2023-4204 approving corrections to expenditure account numbers for previously appropriated funds and rescinding Resolution No. 2023-4163. (Staff: Hiromi Dever, Budget and Finance Manager) (ROLL CALL VOTE REQUIRED) AGENDA REPORT 2023 0906 CCSA REG ITEM 10H
ADOPTED RESOLUTION NO. 2023-4204.  (ROLL CALL VOTE: UNANIMOUS) I.

Consider Award of Agreement to Charles Abbott Associates, Inc. to Provide Building and Safety Services for the City. Staff Recommendation: Authorize award of Agreement to Charles Abbott Associates, Inc.; and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager and City Attorney. (Staff: Carlene Saxton, Community Development Director) AGENDA REPORT 2023 0906 CCSA REG ITEM 10I
APPROVED STAFF RECOMMENDATION.

J.

Consider Report of Annual Development Agreement Review, Established in Connection with O2 D2 Partners, LLC, and Duncan Donald P/Ashely Construction, Inc., Located on 8.3 Acres at 4875 Spring Road and 384 Los Angeles Avenue, on the Application of Spring Road, LLC (Alliant Moorpark Housing, LLC). Staff Recommendation: 1) Accept the Community Development Director’s report and recommendation that, on the basis of substantial evidence, Alliant Moorpark Housing, LLC, has complied in good faith with the terms and conditions of the Agreement; and 2) Deem the 2023 annual review for this project complete. (Staff: Carlene Saxton, Community Development Director) AGENDA REPORT 2023 0906 CCSA REG ITEM 10J
APPROVED STAFF RECOMMENDATION.

K.

Consider Report of Annual Development Agreement Review, Established in Connection with Tentative Tract Map No. 5708 (2019-01) for a Planned Community of 755 Residential Units on 277 Acres, Located North of Poindexter Avenue, West of Casey Road, and Extending Approximately 1,700 Feet West of Gabbert Road, on the Application of RWC Hitch Ranch, LLC. Staff Recommendation: 1) Accept the Community Development Director’s report and recommendation that, on the basis of substantial evidence, RWC Hitch Ranch, LLC has complied in good faith with the terms and conditions of the Agreement; and 2) Deem the 2023 annual review for this project complete. (Staff: Carlene Saxton, Community Development Director) AGENDA REPORT 2023 0906 CCSA REG ITEM 10K
APPROVED STAFF RECOMMENDATION.

L.

Consider Report of Annual Development Agreement Review, Established in Connection with Development Agreement No. 2013-01 for a 390-Unit Senior Community on 49.52 Acres North of Casey Road and West of Walnut Canyon Road, on the Application of Ernie Mansi for Aldersgate Investment, LLC. Staff Recommendation: 1) Accept the Community Development Director’s report and recommendation that, on the basis of substantial evidence, Grand Pacific Asset 2, LLC, has complied in good faith with the terms and conditions of the Agreement; and 2) Deem the 2023 annual review for this project complete. (Staff: Carlene Saxton, Community Development Director) AGENDA REPORT 2023 0906 CCSA REG ITEM 10L
APPROVED STAFF RECOMMENDATION.

M.

Consider Report of Annual Development Agreement Review, Established in Connection with Final Tract Map No. 5906 for 17 Industrial Lots on 34.70 Acres, Located 1300 Feet West of Gabbert Road, North of the Union Pacific Railroad Right-of-Way, on the Application of A-B Properties. Staff Recommendation: 1) Accept the Community Development Director’s report and recommendation that, on the basis of substantial evidence, the Developer has complied in good faith with the terms and conditions of the Agreement; and 2) Deem the 2023 annual review for this project complete. (Staff: Carlene Saxton, Community Development Director) AGENDA REPORT 2023 0906 CCSA REG ITEM 10M
APPROVED STAFF RECOMMENDATION.

N.

Consider Agreement with Balfour Beatty Construction, LLC, for Construction Management Services for the New City Library; and Consider Resolution Amending the Fiscal Year 2023/24 Budget. Staff Recommendation: 1) Approve Agreement with Balfour Beatty Construction, LLC, for Construction Management Services, 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. 2023-4205 amending the Fiscal Year 2023/24 budget to fully fund the Agreement. (Staff: Jessica Sandifer, Deputy Parks and Recreation Director) (ROLL CALL VOTE REQUIRED) AGENDA REPORT 2023 0906 CCSA REG ITEM 10N
APPROVED STAFF RECOMMENDATION, INCLUDING ADOPTION OF RESOLUTION NO. 2023-4205.  (ROLL CALL VOTE: UNANIMOUS) O.

Consider Amendment No. 2 to Agreement with Linda Demmers Library Consultant Adding Contingency for Services Related to Library Programming and Development. Staff Recommendation: Approve Amendment No. 2, adding contingency amount of $5,000, with Linda Demmers Library Consultant, and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager. (Staff: Jessica Sandifer, Deputy Parks and Recreation Director) AGENDA REPORT 2023 0906 CCSA REG ITEM 10O
APPROVED STAFF RECOMMENDATION.

P.

Consider Agreement with Dial Security for Installation of Intrusion Detection, Fire Alarm Monitoring, and Humidity Sensors Systems for New City Hall Tenant Improvements at 323 Science Drive. Staff Recommendation: Approve Agreement with Dial Security for Installation of Intrusion Detection, Fire Alarm Monitoring, and Humidity Sensors in the amount of $59,288.50, and authorize the City Manager to execute the agreement, subject to final language approval of the City Manager. (Staff: Jessica Sandifer, Deputy Parks and Recreation Director) AGENDA REPORT 2023 0906 CCSA REG ITEM 10P
APPROVED STAFF RECOMMENDATION.

Q.

Consider Request from Moorpark Chamber of Commerce to Co-Sponsor Country Days Parade and Street Fair. Staff Recommendation: 1) Agree to co-sponsor the October 7, 2023, Country Days Event; and 2) Authorize the City Manager to execute 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 services for the Country Days event, as described in the Agreement, at no cost to the Chamber of Commerce. (Staff: Jessica Sandifer, Deputy Parks and Recreation Director) AGENDA REPORT 2023 0906 CCSA REG ITEM 10Q
APPROVED STAFF RECOMMENDATIONS.

R.

Consider License Agreement and Right of Entry Agreement with Ventura County Transportation Commission for Public Art Installation at the Moorpark Metrolink Station North Parking Lot. Staff Recommendation: 1) Approve License Agreement with Ventura County Transportation Commission for public art installation at the Metrolink Station North Parking Lot and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager; and 2) Approve Right of Entry Agreement with Ventura County Transportation Commission for installation of public art at the Metrolink Station North Parking Lot and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager. (Staff: Chris Ball, Senior Management Analyst) AGENDA REPORT 2023 0906 CCSA REG ITEM 10R
APPROVED STAFF RECOMMENDATIONS.

S.

Consider Award of Agreement to Focus Point Emergency Management Consulting Services, LLC, (FPEM) for Development of a Regional Evacuation Plan; and Consider Resolution Amending the Fiscal Year 2023/24 Budget to Appropriate $2,790.33 from the General Fund to Emergency Management Operations for FPEM to Develop a Regional Evacuation Plan. Staff Recommendation: 1) Award Agreement to FPEM for the development of a regional evacuation plan in an amount not-to-exceed $80,000; and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager; and 2) Adopt Resolution No. 2023-4206, amending the Fiscal Year 2023/24 Budget by total appropriation of $2,790.33 including expenditure appropriation of $22,287 and revenue appropriation of $19,496.67 from the General Fund to emergency management operations for FPEM to develop a regional evacuation plan. (Staff: Roger Pichardo, Program Manager) (ROLL CALL VOTE REQUIRED) AGENDA REPORT 2023 0906 CCSA REG ITEM 10S
APPROVED STAFF RECOMMENDATION, INCLUDING ADOPTION OF RESOLUTION NO. 2023-4206.  (ROLL CALL VOTE: UNANIMOUS) T.

Consider Award of Agreement to The Drala Project, Inc. dba The ReDesign Group for the Replacement of the City’s Server Infrastructure and Network Infrastructure; and Consider Resolution Amending Fiscal Year (FY) 2023/24 Budget by Allocating $60,000.00 from the Special Projects Fund (3004) to Fund the Project. Staff Recommendation: 1) Authorize award of Agreement to The Drala Project, Inc. dba The ReDesign Group; and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager and City Attorney, for Server and Network Infrastructure Replacement; and 2) Adopt Resolution No. 2023-4207, amending the FY 2023/24 budget by allocating $60,000.00 from the Special Projects Fund (3004). (Staff: Chris Thompson, Senior Information Systems Administrator) (ROLL CALL VOTE REQUIRED) AGENDA REPORT 2023 0906 CCSA REG ITEM 10T
APPROVED STAFF RECOMMENDATION, INCLUDING ADOPTION OF RESOLUTION NO. 2023-4207.  (ROLL CALL VOTE: UNANIMOUS)

11. ORDINANCES:

A.

Consider Ordinance No. 517 Adopting an Updated and Amended Development Impact Fee Program for the Imposition of Impact Fees on New Development Projects, Amending Chapter 3.36 of the Moorpark Municipal Code, and Making Determinations Under the California Environmental Quality Act. Staff Recommendation: Waive full reading, declare Ordinance No. 517 read for the second time, and adopted as read. (Staff: Carlene Saxton, Community Development Director) (ROLL CALL VOTE REQUIRED) AGENDA REPORT 2023 0906 CCSA REG ITEM 11A
ADOPTED ORDINANCE NO. 517.  (ROLL CALL VOTE: UNANIMOUS)

12. CLOSED SESSION:

THE COUNCIL RECESSED AT 9:35 P.M. TO GO INTO CLOSED SESSION FOR DISCUSSION OF ITEMS 12.A, 12.B, 12.C, 12.D, AND 12.E. ON THE AGENDA.

A.

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Properties: APN: 506-0-020-570
Agency Negotiator: Troy Brown, City Manager
Negotiating Parties: Donald P. Duncan
Under Negotiation: Price and terms for potential acquisition of all or a portion of the property B.

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Properties: APN: 506-0-020-650
Agency Negotiator: Troy Brown, City Manager
Negotiating Parties: Topa Management Partnership
Under Negotiation: Price and terms for potential acquisition of all or a portion of the property C.

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Properties: APNs: 512-0-350-070, 512-0-350-080
Agency Negotiator: Troy Brown, City Manager
Negotiating Parties: Moorpark Plaza Family Partnership Ltd Under Negotiation: Price and terms for potential acquisition of all or a portion of the property D.

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Properties: APN: 512-0-111-250
Agency Negotiator: Troy Brown, City Manager
Negotiating Parties: Antonio and Linda Miranda
Under Negotiation: Price and terms for potential acquisition of all or a portion of the property E.

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Properties: APN 512-0-420-265
Agency Negotiator: Troy Brown, City Manager
Negotiating Parties: Moondance Moorpark, LP and successor entities Under Negotiation: Price and terms for potential acquisition of a reversionary interest in the property

13. ADJOURNMENT:
10:30 P.M.

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