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HomeMy WebLinkAboutMIN 2020 0701 CC SA REGMINUTES OF THE CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Moorpark, California July 1, 2020 A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency was held on July 1, 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 6:32 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; PJ Gagajena, Assistant City Manager; Kambiz Borhani, Finance Director; Sean Corrigan, City Engineer/Public Works Director; Jeremy Laurentowski, Parks and Recreation Director; Karen Vaughn, Community Development Director; Brian Chong, Assistant to the City Manager; Daniel Kim, Senior Engineer; Shaun Kroes, Program Manager; Captain Victor Fazio, Ventura County Sheriff's Office; and Ky Spangler, City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: None. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA CONSENSUS: It was the unanimous consensus of the Council to adjourn the meeting in memory of David Schrecengost, upon the request of Councilmember Pollock. Minutes of the City Council/Successor Agency Moorpark, California Page 2 July 1, 2020 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND MAYOR: Councilmember Mikos reported on June 24 she and Councilmember Pollock attended a virtual Community and Economic Development Standing Committee meeting on the Beltramo Road Ranch project, noting approximately 50 individuals participating in various manners. Councilmember Mikos reported on June 29 she attended a virtual Santa Monica Mountains Conservancy Advisory Committee meeting where the Mountains Recreation & Conservation Authority budget was approved, and elements of a project related to the Liberty Canyon Wildlife Corridor were considered. Councilmember Mikos reported she attended the weekly County Elected Officials COVID-19 update call. Mayor Parvin announced registration is now open for summer camps and classes at the Arroyo Vista Recreation Center. For program details or to sign up, visit www.moorparkCa.gov/Recreation. Mayor Parvin stated although Moorpark is well-known for its Independence Day celebration, the City has actually never held an event on July 4th. This year on the Fourth of July the community will come together for a city-wide Porch & Patio Party from 12:00-3:00 p.m. There will be contests, options from your favorite local restaurants, and a five plane vintage flyover beginning at 2:30 p.m. that will be visible from every corner of the City. For more details about the event, event contest, or food specials, please visit www.moorparkca.gov/fourth. Mayor Parvin announced the Moorpark Beach Bus will begin service Tuesday, July 7, going to a new destination this year: 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 the Ventura County Health Care Agency is still offering free drive-through testing to all members of the general public at Moorpark College, in the north parking lot. 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 10:00 a.m. to 7:00 p.m. Mayor Parvin noted as a reminder, the State of California requires face coverings whenever you go out in public to help stop the spread of COVID-19. Superheroes save lives and wear masks. So can you. Minutes of the City Council/Successor Agency Moorpark, California Page 3 July 1, 2020 Mayor Parvin reported on June 19 she attended the Moorpark Chamber of Commerce breakfast Zoom meeting. Mayor Parvin reported on June 24 she participated in the White House COVID-19 briefing. Mayor Parvin reported on June 25 she attended and chaired the Ventura Council of Governments (VCOG) Legislative and Administrative meetings. Mayor Parvin reported on June 25 she attended the Moorpark Chamber of Commerce lunch meeting and commended Assistant City Manager PJ Gagajena and Assistant to the City Manager Brian Chong on their discussion and presentation of M-Powered, the City's economic and COVID-19 information newsletter. Mayor Parvin reported on June 26 she attended a meeting with Ventura County officials and the City Manager to discuss a potential project associated with Ventura County Waterworks District No. 1. Mayor Parvin reported on June 27 the Rotary Club of Moorpark received six awards including a silver medal from District 5240 Rotary Club awards. Mayor Parvin reported on June · 30 she attended the Boys & Girls Club of Moorpark-Simi Valley Board of Directors meeting. Mayor Parvin reported on July 1 she attended the Administration, Finance & Public Safety Standing Committee meeting. A. City Manager COVID-19 Update. City Manager Brown provided a COVID-19 update. He noted Governor Newsom announced today the closure of bars, family establishments, restaurants, family venues, zoos, museums, and other types of venues and businesses that do not provide services outside. He noted exact guidance has not been provided but the closure will be required for a minimum of three weeks due to increases in COVID-19 numbers. He noted the Governor is watching 13 to 14 counties very carefully and Ventura County is included. In response to Councilmember Mikos, Mr. Brown confirmed only outdoor dining is permissible with social distancing. In response to Councilmember Simons, Mr. Brown confirmed outdoor dining applications are being processed and issued. Mr. Brown and Mr. Chong confirmed one week remains for business grant applications through the County; grants will be awarded through a lottery system and the deadline is July 8, 2020, but businesses are encouraged to submit timely. Minutes of the City Council/Successor Agency Moorpark, California Page4 July 1, 2020 8. PUBLIC HEARINGS: None. 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. Staff Recommendation: Adopt Resolution No. 2020-__ 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 and Zone Change to a commercial land use prior to future site development and amending the fiscal year 2020/21 budget by $20,000 for the transfer of the deposit from the Applicant and authorize the use of the money to partially fund the City's Comprehensive General Plan Update. (ROLL CALL VOTE REQUIRED) Ms. Vaughn gave the staff report. Ms. Vaughn noted a revised resolution was provided to the Council this afternoon correcting some errors referencing the Planning Commission rather than the Council and also revising the deposit amount for the budget allocation. A discussion and questions followed among Councilmembers and staff which focused on considering the following: 1) Concerns that the resolution as presented does not explicitly state the requirement for a development agreement and deed restriction as in the original Resolution No. 2016-3508 and in Section 2 of the existing Deed Restriction; 2) Concerns over the land use reverting back to manufacturing or light industrial at the end of the five year term; 3) Revise Section 5 Deed Restriction language to say "as consideration for the City's processing of the General Plan and Zoning changes specified in subsection (b) of Section 2" to clarify the $20,000 deposit to be reverted to the City is for City's use toward the Comprehensive General Plan Update and not to be used for the applicant's General Plan Amendment; 4) Revise Section 5 Deed Restriction language to clarify the $100,000 cap is in connection with an application filed under Section 2 subdivision (a) and not an application under Section 2 subdivision (b); 5) Clarify Section 5 Deed Restriction language to restate the regular developer application fees Minutes of the City Council/Successor Agency Moorpark, California Page 5 July 1, 2020 apply; 6) Confirmation of the changes to the supplemental amended resolution changing Planning Commission references to City Council, correcting misnumbering of sections, and correcting the amount shown in the budget amendment table from $19,770.50 to $20,000; 7) Discussion of the existing legal access to the property which was confirmed as Lot 119, and whether there is any property frontage on Princeton Avenue; 8) Discussion on the history of the original approval in 2015 which required a Specific Plan; 9) Discussion that the current driveway and property access is steep and has poor sight distance, and future access would come through City-owned property requiring a land transaction or easement dedication as part of a Development Agreement or Disposition and Development Agreement; 10) Clarification that the hilltop parcel is the only property in this area with a deed restriction requiring the preparation of a Specific Plan; no other parcels in Virginia Colony or in the area include a Specific Plan requirement; 11) The applicant is working with the County on landfill remediation; 12) Discussion of the City's desire to have a secondary access to the hilltop property; 13) Agreement to use the $20,000 on deposit for the City's General Plan Update efforts to achieve the goal of having commercial uses on the site; and 14) The applicant is outside of the window for timing of the prescreening and a General Plan Amendment can't be considered until late next year. In response to questions from Councilmember Mikos, Mr. Ennis noted there is a durational limit on the Deed Restriction because the City is requiring the property owner to commit to developing the property in a use that is not currently consistent with the General Plan and zoning. If City makes the commercial zoning indefinite and there is no change to the existing industrial land use and zoning through the General Plan Update process, then the property can't be developed due to General Plan and zoning inconsistencies. He expressed concerns about the Deed Restriction creating a permanent conflict with the General Plan land use and zoning designations if the commercial designation does not have a time limit. Mr. Ennis further commented that the requirement for a Development Agreement could be included as part of the Deed Restriction language with the concurrence of the applicant. Tom Cohen, applicant representative for Sunbelt Enterprises, spoke stating the applicant is seeking a General Plan Amendment and Zone Change to clean up zoning for two small remnant parcels in order to perform future lot line adjustments creating separate lots for industrial buildings that could be sold individually, including the undeveloped hilltop property. The previously approved Deed Restriction required a Specific Plan for the development of the hilltop parcel, a Development Agreement, and a $20,000 deposit for Specific Plan preparation. The property as currently mapped and zoned is not marketable in the current economy due to the Specific Plan requirement. Additionally, the applicant is also working with the County of Ventura to conduct environmental clean-up on the site Minutes of the City Council/Successor Agency Moorpark, California Page 6 July 1, 2020 due to prior uses as dump and this effort has cost over $500,000. The applicant is seeking a new Deed Restriction to remove the Specific Plan requirement and amend the land use designation and zoning to allow for commercial uses. The proposed five-year Deed Restriction timeframe is suggested based on factors including other projects currently in the General Plan Amendment process and the City's ongoing General Plan Update which will evaluate land use designations and zoning for this site. The applicant acknowledged the requirement for a Development Agreement and for inclusion of this requirement in the new Deed Restriction and final resolution. In response to questions regarding the requested five-year duration of the Deed Restriction, Mr. Cohen stated the applicant desires to file the application necessary to initiate the General Plan Amendment process but other General Plan Amendments are currently being processed and the City's is undergoing General Plan Update process where land use designation and zoning changes will be considered. There were no additional speakers. CONSENSUS: It was the unanimous consensus of the Council to direct staff to add a Development Agreement requirement in connection with the development of the parcel and to use the $20,000 applicant deposit for the City's General Plan Update efforts. MOTION: Councilmember Pollock moved and Councilmember Mikos seconded a motion to continue the Item to the next meeting scheduled for July 15, 2020. The motion carried by unanimous roll call vote. 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Councilmember Mikos moved and Mayor Parvin seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. A. B. C. D. Consider Warrant Register for Fiscal Year 2019/20 -July 1, 2020. Staff Recommendation: Approve the warrant register. Consider Minutes City Council and Planning Commission Special Joint Meeting of January 8, 2020. Staff Recommendation: Approve the minutes. Consider Minutes of City Council Special Meeting of April 29, 2020. Staff Recommendation: Approve the minutes. Consider Minutes of City Council Special Meeting of May 13, 2020. Staff Recommendation: Approve the minutes. Minutes of the City Council/Successor Agency Moorpark, California E . F. G. Page 7 July 1, 2020 Consider a Resolution Amending Personnel Rules for Competitive Service and Rescinding Resolution No. 2011-3007. Staff Recommendation: Adopt Personnel Rules Resolution No. 2020-3933, rescinding Resolution No. 2011 -3007. Consider Approval of Final Parcel Map No. 2019-01 (Tuscany Square). Staff Recommendation: 1) Adopt Resolution No. 2020-3934 approving Final Parcel Map No. 2019-01; and 2) Authorize the Mayor and the City Clerk to sign Final Parcel Map No . 2019-01; and 3) Authorize the City Clerk to have Final Parcel Map No . 2019-01 be recorded by the Office of the Ventura County Recorder. Consider Amendment No. 1 to Phoenix Civil Engineering, Inc. for Construction Management Services for a Ten Percent (10.00%) Contingency in the amount of $5,839.00 for the Metrolink South Parking Lot Entry Project. Staff Recommendation: Authorize the City Manager to sign Amendment No. 1 to the Agreement with Phoenix Civil Engineering, Inc. establishing a ten percent (10.00%) contingency in the amount of $5,839.00 for a revised total Agreement not-to -exceed amount of $64,224.00, subject to final language approval of the City Manager. (ROLL CALL VOTE RE QUIRED) 11. ORDINANCES: (ROLL CALL VOTE REQUIRED) None. 12. CLOSED SESSION: None was held. 13. ADJOURNMENT: CONSENSUS: Mayor Parvin adjourned the meeting at 7:57 p.m. in memory of Moorpark resident David Schrecengost. ATTE ST: Ky Spa~?t:%1::