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HomeMy WebLinkAboutAGENDA REPORT 2019 0306 CCSA REG ITEM 10BCITY OF MOORPARK, CALIFORNIA City Council Meeting of 3/6/2019 ACTION Approved staff recommendation. BY B.Garza B. Consider Minutes of Regular City Council/Successor Agency Meeting of January 16, 2019. Staff Recommendation: Approve the minutes. Item: 10.B. MINUTES OF THE CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Moorpark, California January 16, 2019 A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency was held on January 16, 2019, 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 6:40 p.m. 2. PLEDGE OF ALLEGIANCE: Webelos Troop 3707 led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Enegren, Mikos, Pollock, Simons, and Mayor Parvin. Staff Present: Troy Brown, City Manager; Kevin Ennis, City Attorney; Deborah Traffenstedt, Assistant City Manager; Joseph Fiss, Acting Community Development Director; Jeremy Laurentowski, Parks and Recreation Director; Sean Corrigan, City Engineer/Public Works Department; Irmina Lumbad, Deputy Finance Director Sandifer, Captain John Reilly, Sheriff's Department; and Maureen Benson, City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation in Tribute and Honored Respect to the Memory of Sergeant Ron Helus. Mayor Parvin presented Karen Helus with a proclamation in tribute and honored respect to the memory of her husband Sergeant Ron Helus. 5. PUBLIC COMMENT: None. Item: 10.B. 317 Minutes of the City Council/Successor Agency Moorpark, California Page 2 January 16, 2019 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Parvin stated the meeting would be adjourned in memory of Sergeant Ron Helus. Councilmember Mikos requested the meeting be adjourned in memory of longtime Moorpark residents Tim Beaulieu and Elaine McGovern who passed away over the holidays. CONSENSUS: It was the unanimous consensus of the Council to hear Item 8.B. prior to Item 8.A. on the agenda. CONSENSUS: It was the unanimous consensus of the Council to pull Item 10.G. from the Consent Calendar for individual consideration upon the request of staff. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND MAYOR: Councilmember Simons reported he and the Mayor attended the Moorpark Chamber of Commerce Mixer at the new Grocery Outlet Bargain Store. Councilmember Simons reported he represented Moorpark at the Ventura County Transportation Commission meeting on Friday, January 11. He also reported a meeting was held on January 9 at City Hall to discuss local Unmet Transit Needs in the community. Councilmember Pollock announced he would be attending the League of California Cities Environmental Quality Committee meeting tomorrow in Sacramento for goal setting. Councilmember Mikos reported she attended a Girl Scout Gold Award ceremony on December 29 for Brooke Cusick where she provided a certificate of recognition on behalf of the City Council. Councilmember Mikos stated she would be attending the annual meeting of the Economic Development Collaborative of Ventura County tomorrow in Thousand Oaks. Mayor Parvin announced Winter Wonderland Skate Night will be held on January 26 at Arroyo Vista Community Park. Mayor Parvin announced auditions for Moorpark Has Talent will be held on February 2 and 7 at Arroyo Vista Recreation Center. 318 Minutes of the City Council/Successor Agency Moorpark, California Page 3 January 16, 2019 Mayor Parvin reported she attended an Ad Hoc Committee meeting for the Kozar/Grand Moorpark project. Mayor Parvin reported she chaired the Ventura County City Selection Committee where she successfully promoted Councilmember Ken Simons for appointment to the Ventura County Consolidated Oversight Board. Mayor Parvin reported she met with Mary Lynn of First 5 Moorpark. Mayor Parvin reported she participated in a Ventura Council of Governments meeting where the Borderline shootings were discussed along with legislation Assembly Member Jackie Irwin is working on to improve gun safety. Mayor Parvin reported she had attended a meeting of the Local Area Formation Commission today where farm housing issues were discussed. Mayor Parvin reported she met with new Ventura County Board Supervisor Bob Huber. AT THIS POINT in the meeting Item 8.B. was heard. 8. PUBLIC HEARINGS: B. Consider a Resolution Adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Approving General Plan Amendment No. 2013-02; an Ordinance Approving Zone Change No. 2013-02; a Resolution Approving Residential Planned Development No. 2013-01; and an Ordinance Approving 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) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. 2019-____ adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approving General Plan Amendment No. 2013-02; 3) Introduce Ordinance No. ____, approving Zone Change No. 2013-02, for first reading, waive full reading, and place this ordinance on the agenda for February 6, 2019, for purposes of providing second reading and adoption of the ordinance; 4) Adopt Resolution No. 2019-____ approving Residential Planned Development Permit No. 2013-01; and 5) Introduce Ordinance No. ____, approving Development Agreement No. 2013-01, for first reading, waive full reading, and place this ordinance on the agenda for February 6, 2019, for purposes of providing second reading and adoption of the ordinance. 319 Minutes of the City Council/Successor Agency Moorpark, California Page 4 January 16, 2019 AT THIS POINT in the meeting Councilmember Simons announced he would recuse himself from participation in discussion of Item. 8.B. due to a potential conflict of interest and left the dais. The time was 6:54 p.m. Mr. Fiss stated due to California Environmental Quality Act and public noticing concerns he requests that the public hearing be opened and testimony taken, but that this item be continued with the public hearing open to the regular meeting of February 6, 2019. Mayor Parvin opened the public hearing. There were no speakers. MOTION: Councilmember Mikos moved and Mayor Parvin seconded a motion to continue the open public hearing to the regular meeting of February 6, 2019. The motion carried by voice vote, Councilmember Simons absent. AT THIS POINT in the meeting Councilmember Simons returned to the dais and the meeting continued with Item 8.A. The time was 6:55 p.m. A. Consider a Resolution Approving Vesting Tentative Tract Map (VTTM) No. 5437 and a One-Year Extension of Residential Planned Development (RPD) Permit No. 2004-05 for 21 Homes on Residential Lots and 1 Open Space Lot on Approximately 42.4 Acres on the East Side of Walnut Canyon Road at Championship Drive, on the Application of Birdsall Group, LLC. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. 2019-3779 conditionally re-approving Vesting Tentative Tract Map No. 5437 and a one year extension to Residential Planned Development Permit No. 2004-05. Mr. Fiss gave the staff report discussing outstanding concerns regarding construction access to the project to be addressed by the applicant’s representative and gave a PowerPoint presentation on the project. A discussion followed among the Councilmembers and staff regarding: 1) Fire Department only has access to the project via Marine View Lane; 2) Easement to Lot 11 was not signed and recorded until July of 2018; 3) Tentative approval for construction access to the project from adjacent Leavens Fairview Ranch property; 4) Special Condition Nos. 41 and 42; 5) Preference for a Temporary Construction Easement vs. an Irrevocable License Agreement.; 6) A Third Party Easement Agreement to access Elk Run Way must be signed and recorded before the Final Map can be approved by the City; 7) There is no formal phasing plan as it is such a small project; and 8) Documentation for restoration of the open space lot and conservation of the coastal sage shrub habitat is part of the Initial 320 Minutes of the City Council/Successor Agency Moorpark, California Page 5 January 16, 2019 Study and Mitigated Negative Declaration from the original approval and the Development Agreement also continues and is still applicable. Mayor Parvin opened the public hearing. John Newton, Newton & Associates, 159 Moonsong Court, Moorpark, representing the applicant, Birdsall Group, LLC, provided Council with a copy of a revised Construction Management Plan dated January 9, 2019 replacing the one in the staff report. He summarized the actions taken at the Planning Commission meetings held prior to coming to Council; acknowledged the Easement to Lot 11 has now been signed, but not recorded; stated continued negotiations will take place with the Pinnacle Homeowners Association to resolve the easement issue; explained the revised Construction Management Plan; stated additional discussions need to take place with the Leavens Ranch pertaining to allowing construction related vehicle access through their property to the project site; contact information for the developer and the City will be printed on the project sign for use by the neighbors in the Pinnacle HOA. Ellis Kaufman, President of Pinnacle HOA stated many of their members were in the audience and thanked the City Council for the opportunity to express their concerns, and stated City staff have been very helpful regarding the issues of concern. He also stated they are pleased to learn that all construction traffic will not travel through the Pinnacle, but wanted to state that there is no recorded easement with access rights through the Pinnacle gates to drive on their private streets; there is also no enforceable Cautionary Agreement between the Pinnacle and the Birdsall development; and another concern is access to the Pinnacle for sales activity for which they are requesting a condition of approval be added to the project not to not allow access until all 21 homes are constructed and sold. John Jonas, resident of Pinnacle neighborhood and Board Member of the Pinnacle HOA, thanked the Council and staff for taking the time to meet with the Pinnacle residents. He stated the Cautionary Agreement between Toll Brothers and Pinnacle was never recorded and there was no Easement to allow access to their roads. He also stated progress has been made on addressing the Pinnacle homeowners’ concerns regarding construction traffic, but not the ongoing sales traffic. He requested additional Conditions of Approval to address the residents’ concerns or the development should be denied. Mayor Parvin closed the public hearing. A discussion followed between the Council and staff regarding the project phasing; use of Marine View Lane being for Fire District access only; 321 Minutes of the City Council/Successor Agency Moorpark, California Page 6 January 16, 2019 clarification of whether there is an Agreement with the Masters HOA; construction management plan; a request for solar panels and electric car plug-in capability for garages; no sales access through Pinnacle; a recommendation that when the models are available the common areas be completed; the trails will be separated from the street and will connect to the Pinnacle trail system; and amend the conditions to show the Moorpark Highland Park has already been constructed. Mr. Newton responded to Council’s question regarding sales access to the project by saying he is unsure how that will be resolved, but they will be working with the Pinnacle HOA. Mr. Ennis stated the historical documents for this project provide a basis for both sides to resolve this. The City must be mindful of adding to the project as there is a Development Agreement with Birdsall giving them a right to develop. The easement was not recorded so Pinnacle residents did not have notice of it. The final map for the Pinnacle did make reference for easements for future access. This is a new approval of the Tentative Map with an extension of the RPD. The Mayor reopened the public hearing to take testimony from David Schwabauer, one of the trustees of the JG Leavens Trust, owner of the land that Leavens Ranch rents. Mr. Schwabauer stated orderly growth is important and this project is logical for this area. He stated he is willing to work with the builder to make this project happen and stated the License Agreement with Birdsall is their preference although they could continue to discuss options. Mayor Parvin reclosed the public hearing. MOTION: Councilmember Pollock moved and Mayor Parvin seconded a motion to adopt Resolution No. 2019-3779 conditionally re-approving Vesting Tentative Tract Map No. 5437 and a one year extension to Residential Planned Development Permit No. 2004-05. The motion carried by unanimous voice vote. 9. PRESENTATION/ACTION/DISCUSSION: A. Consider Presentations from Applicants for Arts Commission, Parks and Recreation Commission, and Planning Commission. Staff Recommendation: 1) Hear the presentations; and 2) Based upon presentations from the December 19, 2018 and January 16, 2019, meetings, appoint five (5) Commissioners each, to serve on the Arts Commission, Parks and Recreation Commission, and Planning Commission for two-year terms expiring in December 2020. Ms. Benson gave the staff report. 322 Minutes of the City Council/Successor Agency Moorpark, California Page 7 January 16, 2019 The Council heard the presentation from Arts Commission applicants in the following order: Charles Blaugrund Rose Hoberg Michelle Barrett The Council heard presentations from Parks and Recreation Commission applicants in the following order: George Estrella Steve Morgan The Council heard presentations from Planning Commission applicants in the following order: Debra Aquino Bruce Rokos John Novi Adam Haverstock Mayor Parvin solicited suggested nominees from the Councilmembers for members of the Arts Commission. There were none. MOTION: Mayor Parvin nominated and Councilmember Mikos seconded the nomination of Charles Blaugrund to serve as an Arts Commissioner for a two- year term expiring in December 2020. The motion carried by unanimous voice vote. MOTION: Mayor Parvin nominated and Councilmember Mikos seconded the nomination of Tania De Haz to serve as an Arts Commissioner for a two-year term expiring in December 2020. The motion carried by unanimous voice vote. MOTION: Mayor Parvin nominated and Councilmember Simons seconded the nomination of Rose Hoberg to serve as an Arts Commissioner for a two-year term expiring in December 2020. The motion carried by unanimous voice vote. MOTION: Mayor Parvin nominated and Councilmember Simons seconded the nomination of Carol Roullard to serve as an Arts Commissioner for a two-year term expiring in December 2020. The motion carried by unanimous voice vote. MOTION: Mayor Parvin nominated and Councilmember Simons seconded the nomination of Michelle unanimous Barrett to serve as an Arts Commissioner for a two-year term expiring in December 2020. The motion carried by unanimous voice vote. 323 Minutes of the City Council/Successor Agency Moorpark, California Page 8 January 16, 2019 Mayor Parvin solicited suggested nominees from the Councilmembers for members of the Parks and Recreation Commission. There were none. MOTION: Mayor Parvin moved to nominate and Councilmember Simons seconded the nomination of Steve Morgan to serve on the Parks and Recreation Commission for a two-year term expiring in December 2020. The motion carried by unanimous voice vote. MOTION: Mayor Parvin moved to nominate and Councilmember Simons seconded the nomination of George Estrella to serve on the Parks and Recreation Commission for a two-year term expiring in December 2020. The motion carried by unanimous voice vote. MOTION: Mayor Parvin moved to nominate and Councilmember Simons unanimous seconded the nomination of Sandra Thompson to serve on the Parks and Recreation Commission for a two-year term expiring in December 2020. The motion carried by unanimous voice vote. MOTION: Mayor Parvin moved to nominate and Councilmember Enegren seconded the nomination of Jesse Norwalt to serve on the Parks and Recreation Commission for a two-year term expiring in December 2020. The motion carried by unanimous voice vote. MOTION: Mayor Parvin moved to nominate and Councilmember Mikos seconded the nomination of Dylan Gunning to serve on the Parks and Recreation Commission for a two-year term expiring in December 2020. The motion carried by unanimous voice vote. Mayor Parvin solicited suggested nominees from the Councilmembers for members of the Planning Commission. There were none. MOTION: Mayor Parvin moved to nominate and Councilmember Pollock seconded the nomination of Adam Haverstock to serve on the Planning Commission for a two-year term expiring in December 2020. The motion carried by unanimous voice vote. MOTION: Mayor Parvin moved to nominate and Councilmember Pollock seconded the nomination of Debra Aquino to serve on the Planning Commission for a two-year term expiring in December 2020. The motion carried by unanimous voice vote. MOTION: Mayor Parvin moved to nominate and Councilmember Pollock seconded the nomination of Kipp Landis to serve on the Planning Commission for a two-year term expiring in December 2020. The motion carried by unanimous voice vote. 324 Minutes of the City Council/Successor Agency Moorpark, California Page 9 January 16, 2019 MOTION: Mayor Parvin moved to nominate and Councilmember Mikos seconded the nomination of Bruce Hamous to serve on the Planning Commission for a two-year term expiring in December 2020. The motion carried by unanimous voice vote. MOTION: Mayor Parvin moved to nominate and Councilmember Pollock seconded the nomination of Mark Di Cecco to serve on the Planning Commission for a two-year term expiring in December 2020. The motion carried by unanimous voice vote. B. Consider Appointments to the Citizens Transportation Advisory Committee. Staff Recommendation: 1) Appoint two City representatives to serve on the Citizens Transportation Advisory Committee for a term ending December 2020; and 2) Direct staff whether or not to conduct a third recruitment for an alternate member. Ms. Benson gave the staff report. There were no speakers. MOTION: Mayor Parvin moved to nominate and Councilmember Pollock seconded the nomination of Josh Donner to as the City’s representative on the Citizens Transportation Advisory Committee for a term ending December 2020. The motion carried by unanimous voice vote. MOTION: Mayor Parvin moved to nominate and Councilmember Mikos seconded the nomination of Yuri Yurovski to as the City’s representative on the Citizens Transportation Advisory Committee for a term ending December 2020. The motion carried by unanimous voice vote. CONSENSUS: It was the unanimous consensus of the Council to direct staff not to conduct a third recruitment at this time for an alternate member. C. Consider Resolution Approving the Final Parcel Map 2017-02 at 800 Los Angeles Avenue. Staff Recommendation: Adopt Resolution No. 2019- 3780 approving the Final Parcel Map; authorize the Mayor and the City Clerk to sign the map; and the City Clerk to cause Final Parcel Map No. 2017-02 to be recorded in the office of the Ventura County Recorder. Mr. Corrigan gave the staff report. There were no speakers. MOTION: Mayor Parvin moved and Councilmember Pollock seconded the motion to adopt Resolution No. 2019-3780 approving the Final Parcel Map; 325 Minutes of the City Council/Successor Agency Moorpark, California Page 10 January 16, 2019 authorize the Mayor and the City Clerk to sign the map; and the City Clerk to cause Final Parcel Map No. 2017-02 to be recorded in the office of the Ventura County Recorder. The motion carried by unanimous voice vote. D. Consider Meeting Time for Regular City Council Meetings. Staff Recommendation: Direct staff to set the meeting time of choice by ordinance to return at a future meeting for introduction. Ms. Benson gave the staff report. There were no speakers. A discussion followed among the Councilmembers and staff focusing on those who found the 6:30 start time agreeable and Councilmember Mikos who preferred the meeting start time to be later, which was previously at 7:00 p.m. for 29 years and only at 6:30 p.m. for six years. MOTION: Mayor Parvin moved and Councilmember Pollock seconded the motion to leave the start time for regular City Council meeting at 6:30 p.m. and to adopt this by ordinance. The motion carried by voice vote 4-1, Councilmember Mikos dissenting. E. Consider Regular Meeting Schedule for City Council Standing Committees for Calendar Year 2019. Staff Recommendation: Approve the Regular Meeting Schedule for Standing Committees for 2019. Ms. Benson gave the staff report. There were no speakers. CONSENSUS: It was the unanimous consensus of Council to approve the regular meeting schedule for Standing Committees for 2019 as presented. 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Councilmember Pollock moved and Councilmember Simons seconded a motion to approve the Consent Calendar with the exception of Item 10.G, which was pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Warrant Register for Fiscal Year 2018-2019 – January 16, 2019. Staff Recommendation: Approve the warrant register. B. Consider Minutes of Regular City Council/Successor Agency Meeting of December 19, 2018. Staff Recommendation: Approve the minutes. 326 Minutes of the City Council/Successor Agency Moorpark, California Page 11 January 16, 2019 C. Consider Recreation Programs Cost Recovery Summary - Fiscal Year 2017-2018. Staff Recommendation: Receive and file report. D. Consider Resolution Amending the Fiscal Year 2018/2019 Budget and Authorizing the Transfer of General Fund and Gas Tax Monies to Cover Fiscal Year 2017/2018 Year-End Deficits in Certain Funds for the City’s Landscaping and Lighting Assessment Districts. Staff Recommendation: Adopt Resolution No. 2019-3781. ROLL CALL VOTE REQUIRED E. Consider Resolutions to Initiate Proceedings Related to the Citywide Landscape and Lighting Maintenance Assessment Districts and the Parks and Recreation Maintenance Improvement District for Fiscal Year 2019/2020. Staff Recommendation: Adopt Resolution Nos. 2019-3782 and 2019-3783. F. Consider Comprehensive Annual Financial Report (CAFR) and Other Audit Reports for Fiscal Year Ended (FYE) June 30, 2018. Accept the Comprehensive Annual Financial Report (CAFR), Independent Auditor’s Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards, Independent Accountant’s Report on Agreed-Upon Procedures Applied to Appropriations Limit Worksheets, Independent Auditor’s memo regarding significant audit findings and other matters, Housing Successor Fund Financial Statements and Independent Auditor’s Report (includes Addendum to the Annual Progress Report) and the Management Letter for June 30, 2018 and receive and file this report. ROLL CALL VOTE REQUIRED H. Consider Resolution Exonerating Monumentation Surety Bond for Shea Homes’ Tract 5425. Staff Recommendation: 1) Adopt Resolution No. 2019-3784 exonerating Monuments Surety Bond Number K08850987; and 2) Authorize the City Clerk to exonerate the Monuments Surety Bond as shown in the agenda report and draft resolution. The following item was pulled for individual consideration. G. Consider Amendment No. 2 to Agreement with All American Roofing, Inc. for Roofing Services at City Facilities and Resolution Amending Fiscal Year 2018/19 Budget. Staff Recommendation: 1) Approve Amendment No. 2 with All American Roofing increasing the contract annual amount from $75,000 to $125,000 for the term ending June 30, 2019, and authorize the City Manager to execute the Amendment, subject to final language approval of the City Manager; and 2) Adopt Resolution No. 2019-____, amending FY 2018/19 Budget to fund roofing repairs at 18 High Street and 50 Moorpark Avenue. ROLL CALL VOTE REQUIRED 327 Minutes of the City Council/Successor Agency Moorpark, California Page 12 January 16, 2019 Mr. Brown requested this item be removed from the calendar. 11. ORDINANCES: (ROLL CALL VOTE REQUIRED) None. 12. CLOSED SESSION: Mr. Brown requested the City Council go into closed session for discussion of two cases under Item 12.A. on the agenda. MOTION: Mayor Parvin moved and Councilmember Mikos seconded a motion to adjourn to closed session for a discussion of one case under Item 12.A. on the agenda. The motion carried by unanimous voice vote. The time was 9:10 p.m. Present in closed session were Councilmembers Enegren, Mikos, Pollock, Simons, and Mayor Parvin; Troy Brown, City Manager; Kevin Ennis, City Attorney; Deborah Traffenstedt, Assistant City Manager; and Jeremy Laurentowski, Parks and Recreation Director. The Council reconvened into open session at 9:35 p.m. Mr. Brown stated one case under Item 12.A. was discussed and there was no action to report. 13. ADJOURNMENT: Mayor Parvin adjourned the meeting at 9:35 p.m. in memory of Sergeant Ron Helus, Tim Beaulieu and Elaine McGovern. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk 328