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HomeMy WebLinkAboutMIN 2020 0715 CC SA REGMINUTES OF THE CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Moorpark, California July 15, 2020 A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency was held on July 15, 2020, 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 6:35 p.m. 2. PLEDGE OF ALLEGIANCE: Mayor Parvin led the Pledge of Allegiance. 3. ROLL CALL: Present: Staff Present: Councilmembers Enegren, Mikos, Pollock, Simons, and Mayor Parvin. Troy Brown, City Manager; Kevin Ennis, City Attorney; Deborah Traffenstedt, Assistant City Manager; Kambiz Borhani, Finance Director; Jeremy Laurentowski, Parks and Recreation Director; Sean Corrigan, City Engineer/Public Works Department; Karen Vaughn, Community Development Director; Brian Chong, Assistant to the City Manager; Freddy Carrillo, Associate Planner II; lrmina Lumbad, Deputy Finance Director; Jessica Sandifer, Community Services Manager; Shaun Kroes, Program Manager; Captain Victor Fazio, Ventura County Sheriff's Office; and Ky Spangler, City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Recognition of the Census Complete Count Committee. Mayor Parvin Presented Certificates of Recognition to the Census Complete Count Committee with the assistance of Freddy Carrillo, Associate Planner II. The 2020 Census Complete Count Committee members: John Shishino- Cruz, Linda Shishino-Cruz, Bernardo Perez, Victoria Perez, Bob Demyan, Kristen Robinson, Sandra Fide, Lisa Alvarado, JP Alvarado, Teresa Cortez, Patricia Calderon, Gene Hatton, Julie Martinez, Nick Wagner Minutes of the City Council/Successor Agency Moorpark, California Page 2 July 15, 2020 Quackenbush, Mary Ellen Consenza, Susie Vasquez, Justine Fischer, Alejandro Castro, and Associate Planner II, Freddy Carrillo. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA CONSENSUS: It was the consensus to pull Item 1 0.G. from the Consent Calendar for further discussion upon the request of Councilmember Simons. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND MAYOR: Councilmember Pollock requested consideration for a future agenda item for a policy discussion regarding suspension of ticketing for street sweeping, noting that he erroneously believed this was a requirement for the City's MS4 (Municipal Separate Storm Sewer System) permit; Mr. Brown clarified the City's existing MS 4 permit requires street sweeping in commercial and industrial areas but not residential areas. Councilmember Mikos reported on July 3 she observed a peaceful protest at took place at the corner of Spring Road and Moorpark Avenue. Councilmember Mikos reported on July 4 the City organized a Patio and Porch Party that included a vintage plane flyover. Councilmember Mikos reported on July 7 the Ventura County Economic Development Collaborative launched the replacement website 'Business Forward Ventura County' to improve outreach to Ventura County businesses. Councilmember Mikos reported on July 8 she attended the City Council and Planning Commission joint study session on Hitch Ranch Specific Plan. Councilmember Mikos reported she participated in the County Elected Officials COVID-19 calls. Councilmember Mikos reported she attended a Chairman Chat with Jason Flame with Chamber of Commerce to introduce new businesses to the community. Minutes of the City Council/Successor Agency Moorpark, California Page 3 July 15, 2020 Councilmember Simons reported on July 10 he attended a meeting of the Ventura County Transportation Commission and provided highlights including looking at HOV lanes on US 101 and at cost effective ways to improve vehicle usage; local legislation Assembly Bill 90 put suspension of financial penalties on farebox recovery ratios; and discussed how there can be better communication among transportation agencies in the County. Mayor Parvin announced Movies in the Park on Saturday, August 1 at Arroyo Vista Community Park featuring a drive-in style screening of Sonic the Hedgehog. Gates open one hour before sunset, and spaces are limited. For details and to register, visit MoorparkCa.gov/Movies or call (805) 517-6300. Mayor Parvin announced the Moorpark Beach Bus began service on July 7 going to Harbor Cove Beach, located next to the Ventura Harbor Village Shopping Center. There will be no fare on the bus this year; however, due to COVID-19, face masks are required and there is a limit of 26 passengers per trip. These are unsupervised general transportation services. For schedule information, please visit www.moorparkca.gov/beachbus, or call 805-517-6256. Mayor Parvin announced free drive through COVID-19 testing for the general public continues at Moorpark College north parking lot provided by the Ventura County Health Care Agency. The nose swab test will determine if you are currently infected with COVID-19. No appointment or insurance is needed. The testing is available Monday through Friday, from 10 AM to 7 PM. Mayor Parvin announced the National Mayor's Challenge for Conservation, created to support City water conservation efforts, is taking place August 1 through August 31. Sign up at mywaterpledge.com to win prizes and one City will win an electric car for donation to a non-profit organization. Mayor Parvin reported on July 2 she met with a business owner looking to expand. Mayor Parvin reported on July 8 and July 15 she attended County Elected Official COVID-19 calls. Mayor Parvin reported on July 8 she attended the City Council and Planning Commission joint study session on Hitch Ranch Specific Plan. Mayor Parvin reported on July 9 she attended the Clean Power Alliance Board of Directors meeting and commented that a new 15-year renewable power agreement with SF Azalea LLC and discussed the 2020 Integrated Resource Plan and COVID-19 relief credits. Mayor Parvin reported on July 10 she interviewed a potential consultant for the Ventura Council of Governments. Minutes of the City Council/Successor Agency Moorpark, California Page4 July 15, 2020 Mayor Parvin reported on July 15 she participated in a Serenata Homeowners Association meeting to discuss the County's draft hemp ordinance. Mayor Parvin reported on July 14 she participated in a board development meeting for the Boys & Girls Club of Moorpark & Simi Valley. A. City Manager COVID-19 Update. City Manager Brown reported on July 13 Governor Newsom and the California Department of Public Health expanded Statewide indoor closures for businesses to reduce the mixing of individuals from separate households. The Statewide Order for closures was expanded to include indoor and outdoor uses at breweries and brew pubs that do not serve meals and will remain in effect until modified by State Health Officials. Currently 29 counties are on a monitoring list and must close indoor operations for gyms and fitness centers, places of worship, indoor protests, offices for non-critical infrastructure, personal care services, hair salons, barber shops and malls. Staff is working with the County's Health Officers to permit businesses to operate outdoors where feasible. Mr. Brown stated the City has received its preliminary sales tax numbers for the first quarter of 2020 which reports a 16. 7% reduction equating to an approximate $147,000 decrease in sales tax revenues. The City has been notified it is eligible for Coronavirus Aid, Relief, and Economic Security (CARES) Act funding. $15.3 billion was allocated to California with $500 million allocated to cities. Moorpark will be eligible to receive approximately $467,000 in funding for efforts undertaken to combat COVID-19. 8. PUBLIC HEARINGS: A. Consider Ordinance Amending Chapter 17.20 (Uses by Zone) of Title 17 (Zoning) of the Moorpark Municipal Code to Prohibit the Cultivation of Industrial Hemp Citywide, and make a Determination that the Action is Exempt from the California Environmental Quality Act. Staff Recommendation: Continue the item to the September 2, 2020, City Council meeting. No public testimony will be taken at the meeting of July 15, 2020. MOTION: Councilmember Pollock moved and Mayor Parvin seconded a motion to approve staff's recommendation to continue the public hearing to September 2, 2020. The motion carried by unanimous roll call vote. Minutes of the City Council/Successor Agency Moorpark, California Page 5 July 15, 2020 B. Consider a Resolution Approving Industrial Planned Development No. 2019-01 and Conditional Use Permit No. 2020-02 for the Development of a 48,787 Square-Foot, Single-Story Industrial Building and Associated Site Improvements on an Undeveloped 3.46-Acre Site at 5850 Condor Drive and Making a Determination of Exemption Pursuant to the California Environmental Quality Act in Connection Therewith, and Consideration of Cost Sharing Alternatives for Undergrounding of Utilities, on the Application of Paul Minoa (4M Investment Corporation). Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. 2020-3935 approving Industrial Planned Development No. 2019-01 and Conditional Use Permit No. 2020-02, subject to the conditions of approval contained therein, and denying the Applicant's funding request of $469,398 for costs associated with the undergrounding of utilities pursuant to the Southern California Edison Rule 20b scenario. (ROLL CALL VOTE REQUIRED) Mr. Spondello gave the staff report. He noted a correction on stamped page 6 of the report stating it should reference Princeton and Condor instead of Princeton and Poindexter. Questions and discussion among the Council and staff followed regarding: 1) The number of other developments that have required undergrounding of overhead electrical lines, estimated to be at least 18 projects; 2) The Conditional Use Permit Special Conditions should include a requirement that the building be broadband-ready; 3) Is there precedence for offsite electrical undergrounding for a development site; 4) Various scenarios were discussed with the applicant for undergrounding options; 5) City subsidies for undergrounding are not supported by Council as it would represent a gift of public funds; 6) The Council does not support waiving the electrical undergrounding requirement; 7) Additional architectural detail elements are needed on the west side of the building; and 8) Would prevailing wage be triggered for the underground if a city subsidy was provided. Mayor Parvin opened public hearing. Paul Minoa, applicant, spoke to express concerns with the requirement for undergrounding additional poles as presented, noting he is willing to pay for underground the poles required on the property frontage but not beyond the fair pro-rata share for the project, and stated he is open to alternatives. The applicant confirmed willingness to pay for the undergrounding of three poles, however, in order to underground three poles, undergrounding of two additional poles is required. Minutes of the City Council/Successor Agency Moorpark, California Page 6 July 15, 2020 Mr. Brown clarified undergrounding of overhead electrical lines is not a new requirement and many other cities have similar development conditions. He further noted, from a policy perspective, providing the applicant with dispensation may create issues for future projects. Mayor Parvin discussed the option of Community Facilities District (CFO) formation as a funding option and inquired on the applicant's willingness to consider this alternative. Mr. Brown responded to the CFO question stating all parties included in the CFO would make fair share contributions to undergrounding but formation would require time and study. The applicant stated he is willing to pay his fair share for three poles on his property, is not willing to pay for additional poles and is not in favor of forming a CFO. Mr. Brown stated there are three matters for City Council deliberation: 1) Consider approval of the Industrial Development Permit (I PD); 2) Consider approval of the Conditional Use Permit; and 3) Consider the request for funding of electrical undergrounding or remanding the matter of undergrounding back to staff for additional information to be collected from Edison. In response to concerns expressed by Councilmember Mikos regarding approving entitlements with undergrounding unresolved, Mr. Brown replied that, should the Council choose to approve the entitlements, project conditions would include the requirement to underground overhead electrical utilities. Mayor Parvin closed public hearing. Ms. Vaughn suggested an alternative for Council's consideration to approve staff's recommendation with the standard and special conditions and permit the applicant to work with staff and return with a request to modify the conditions based on further undergrounding information from Southern California Edison. The applicant agreed to a condition that the building be broadband ready. Mr. Brown reiterated Council approval would grant the applicant the project entitlements but they would be unable to move forward with project development without resolution of the undergrounding costs. It was the consensus of the Council to delegate to staff discussion with Southern California Edison undergrounding alternatives. Minutes of the City Council/Successor Agency Moorpark, California Page 7 July 15, 2020 MOTION: Councilmember Pollock moved and Councilmember Simons seconded a motion to adopt Resolution No. 2020-3935, as amended with the addition of conditions to require the building be broadband ready with the latest technology, and requiring architectural modifications to the west elevation of the building, approving Industrial Planned Development No. 2019-01 and Conditional Use Permit No. 2020-02, subject to the conditions of approval contained therein, and delegating authority to staff to work with the applicant and Southern California Edison regarding undergrounding requirements; and denying the Applicant's funding request of $469,398 for costs associated with the undergrounding of utilities pursuant to the Southern California Edison Rule 20b scenario. The motion carried by unanimous roll call vote. C. Consider a Resolution for Amendment No. 3 to SP 1995-01 (Downtown Specific Plan) for Text Amendments pertaining to Mixed-Use Regulations within the Specific Plan -Downtown Overlay Zone. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. 2020-3936 Amending SP 1995-01 (Downtown Specific Plan). (ROLL CALL VOTE REQUIRED) Ms. Vaughn gave the staff report. A discussion among Councilmembers and staff regarding the concerns in comment letter received and attached to the staff report including: 1) The proposed amendments and not in compliance with the Government Code; 2) Vagueness of the proposed density amendments violates State law; and 3) The CEQA common sense exemption does not apply to Specific Plan amendments. Ms. Vaughn noted that 1) The implementing language in the Zoning Code and the Downtown Specific Plan overlay include a table listing of permitted and conditionally permitted uses; 2) The proposed amendments do not change allowable density designations and instead implement the policy direction given at the May 15, 2019, Council meeting to permit increased densities within the Downtown Specific Plan in mixed use projects near transit; and 3) Environmental analysis is required when possible impacts from a project exist; however, the proposed text amendments would not have an effect on the environment and when a project comes forward, it would receive CEQA analysis. No new uses are proposed as part of the text amendment. Mr. Ennis added, with respect to the requirement for text and diagrams, Chapter 17.20 of the Zoning Code includes land uses and permitted uses, and where these uses are permitted and to what extent, are included in the Specific Plan. With respect to the density issues raised, any mixed- use project is subject to various development standards that constrain the Minutes of the City Council/Successor Agency Moorpark, California Page 8 July 15, 2020 number of units on a site and therefore is not vague or indefinite. He reiterated that the proposed text amendments do not create any new of different uses within the Specific Plan and the textual provisions do not create new of different impacts which is why the CEQA exemption applies. Mayor Parvin opened the public hearing. Sharon Noel, Moorpark resident, commented she is in favor of mixed use but expressed concern that the tool to provide flexibility may give favor to certain projects. She further remarked that the density of the Daly Group project on High Street is too high and the size of the commercial spaces is too small, and additional parking should be required. Mayor Parvin closed public hearing. In response to questions regarding the permissibility of residential uses on ground floors of mixed-use projects, Ms. Vaughn clarified the intent of the language is the street-facing ground floor has commercial uses and residential use would only be behind the commercial space. Live/work space would be possible, but the commercial use would need to be an active use and definition of active use is included in the text amendment. MOTION: Mayor Parvin moved and Councilmember Mikos seconded a motion to 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. 2020-3936 Amending SP 1995-01 (Downtown Specific Plan). The motion carried by unanimous roll call vote. 9. PRESENTATION/ACTION/DISCUSSION: A. Consider a Resolution Requiring an Amended and Restated Deed Restriction for a Vacant, 21.80-Acre Property Located on the West Side of Princeton Avenue and South of State Route 118, Removing the Requirement for Preparation of a Specific Plan and Requiring a General Plan Amendment and Zone Change to a Commercial Land Use Prior to Future Development of the Property, and Making a Determination of Exemption Pursuant to the California Environmental Quality Act in Connection Therewith, on the Application of Mark Ross, Agent, Sunbelt Enterprises, LLC; and a Resolution Amending the Fiscal Year 2020/21 Budget by $20,000 for the Remaining Deposit to Partially Fund the City's Comprehensive General Plan Update. Continued from the July 1, 2020, City Council Meeting. Staff Recommendation: Adopt Resolution No. 2020-3637 approving a requirement that the property owner record an amended and restated deed restriction removing the requirement to prepare a Specific Plan and requiring a General Plan Land Use Map Amendment, Zone Change and Development Agreement for future commercial development of the property and amending the fiscal year Minutes of the City Council/Successor Agency Moorpark, California Page 9 July 15, 2020 2020/21 budget by $20,000 for the transfer of the deposit from the Applicant and authorize the use of the money toward the City's Comprehensive General Plan Update. (ROLL CALL VOTE REQUIRED) Ms. Vaughn gave the staff report. A discussion followed among Councilmembers and staff clarifying at the end of five years there would be fewer restrictions in the deed restriction. Mr. Ennis confirmed the indemnification and release provisions would survive as would the requirement for a Development Agreement. Mr. Tom Cohen representing Sunbelt Enterprises, LLC confirmed agreement with the terms of the deed restriction as amended. MOTION: Councilmember Mikos moved and Councilmember Simons seconded a motion to adopt staff's recommendation to adopt Resolution No. 2020-3637 as amended based on the revised Amended and Restated Deed Restriction distributed under supplemental cover. The motion carried by unanimous roll call vote. B. Consider Civic Center Master Plan Concepts. Staff Recommendation: 1) Select Concept B as the preferred Civic Center Master Plan layout, including approval of the "Mercado" concept and the future private development areas as noted on the Master Plan. Mr. Laurentowski gave the staff report. Questions and discussion among the Council and staff followed regarding: 1) Site constraints associated with other Library and City Hall siting options in the Master Plan including grade changes and overhead electrical transmission lines; and 2) The Essex property location has not been conveyed to the City and therefore shouldn't be included in the Master Plan boundary. MOTION: Mayor Parvin moved and Councilmember Enegren seconded a motion to approve staff's recommendation of Option B as the preferred Civic Center Master Plan layout. The motion carried by unanimous roll call vote. 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Councilmember Pollock moved and Councilmember Mikos seconded a motion to approve the Consent Calendar with the exception of Item 1 0.G, which was pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Warrant Register for Fiscal Year 2019/20 -July 15, 2020. Staff Recommendation: Approve the warrant register. Minutes of the City Council/Successor Agency Moorpark, California Page 10 July 15, 2020 B. Consider Warrant Register for Fiscal Year 2020/21 -July 15, 2020. Staff Recommendation: Approve the warrant register. C. Consider Amendment No. 2 to the Agreement with Lance, Soll & Lunghard, LLP for Professional Auditing Services. Staff Recommendation: Approve Amendment No. 2 to the Agreement with Lance, Soll & Lunghard; and authorize the City Manager to execute the Amendment, subject to the final language approval by the City Manager and City Attorney. D. Consider Resolution Amending Fiscal Year 2020/21 Budget in the Amount of $11,000 for Lighting Panel Upgrade at the High Street Arts Center. Staff Recommendation: Adopt Resolution No. 2020-3938 amending the Fiscal Year 2020/21 budget for Lighting Control Panel upgrade at the High Street Arts Center. (ROLL CALL VOTE REQUIRED) E. Consider Authorizing City Manager to Approve Adjustments to Moorpark City Transit Bus Schedule; and Require Approved Bus Schedule Changes be Presented to City Council in September 2020. Staff Recommendation: 1) Authorize City Manager to approve schedule adjustments to Moorpark City Transit bus schedule if deemed necessary after soliciting public input; and 2) Require that any implemented changes be presented to City Council in September, 2020. F. Consider Amendment No. 4 to Phoenix Civil Engineering, Inc. for Design Plan Completion and Construction Phase Services and Contingency in the Net Increase of $92,155.65 for the Metrolink North Parking Lot Expansion Project. Staff Recommendation: Waive City's request for proposal Resolution 2019-3829 per Moorpark Municipal Code Section 3.04.120 and authorize the City Manager to sign Amendment No. 4 to the Agreement with Phoenix Civil Engineering, Inc. for Design Plan Completion and Construction Phase Services for a net Agreement increase of $81,655.65 and establish a contingency in the amount of $10,500.00 for a revised total Agreement not-to-exceed amount of $192,803.65, subject to final language approval of the City Manager. (ROLL CALL VOTE REQUIRED) The following item was pulled for individual consideration. G. Consider Approval of Amended and Restated Easement Agreement with MB Plaza West, LLC. Staff Recommendation: Authorize the City Manager to sign the Amended and Restated Easement Agreement, subject to final language approval by the City Manager. (ROLL CALL VOTE REQUIRED) A brief discussion took place regarding future opportunities for a reciprocal parking agreement between Mission Bell Plaza and the future residential development to the west. Minutes of the City Council/Successor Agency Moorpark , California Page 11 July 15, 2020 MOTION: Councilmember Simons moved and Mayor Parvin seconded a motion to approve Consent Calendar Item 1 O.G. The motion carried by unanimous roll call vote. 11 . ORDINANCES : (ROLL CALL VOT E REQUIRED) None. 12 . CLOSED SESSION : None was held. 13. ADJOURNMENT: Mayor Parvin adjourned the meeting at 9 :57 p.m. ~)d&d,(Q~ JaiceS. Parvin, Mayor ATTEST :