HomeMy WebLinkAboutAGENDA REPORT 2021 0407 CCSA REG ITEM 10BCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of April 07, 2021
ACTION Approved Staff Recommendation
(Roll Call Vote: Unanimous).
BY B.Garza.
B. Consider Minutes of Regular City Council/Successor Agency Meeting of July 15,
2020. Staff Recommendation: Approve the minutes. (Staff: Ky Spangler)
Item: 10.B.
MINUTES 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: Councilmembers Enegren, Mikos, Pollock, Simons, and
Mayor Parvin.
Staff Present: 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; Irmina
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
Item: 10.B.
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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 10.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.
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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.
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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 S tate 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.
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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 Con nection Therewith, and
Consideration of Cost Sharing Alternatives for Undergrounding of Utilities,
on the Application of Paul Minoo (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 Minoo, 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.
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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 (CFD)
formation as a funding option and inquired on the applicant’s willingness to
consider this alternative. Mr. Brown responded to the CFD question
stating all parties included in the CFD 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 CFD.
Mr. Brown stated there are three matters for City Council deliberation:
1) Consider approval of the Industrial Development Permit (IPD);
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.
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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 as sociated 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
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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 tex tual 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 Qua lity 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
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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 pre ferred 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 10.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.
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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.
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MOTION: Councilmember Simons moved and Mayor Parvin seconded a motion
to approve Consent Calendar Item 10.G. The motion carried by unanimous roll
call vote.
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
None.
12. CLOSED SESSION:
None was held.
13. ADJOURNMENT:
Mayor Parvin adjourned the meeting at 9:57 p.m.
Janice S. Parvin, Mayor
ATTEST:
Ky Spangler, City Clerk
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