HomeMy WebLinkAboutAGENDA REPORT 2021 0505 CCSA REG ITEM 10BCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of May 5, 2021
ACTION Approved Staff Recommendation.
BY B. Garza.
B. Consider Minutes of Regular City Council/Successor Agency Regular Meeting of
July 1, 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 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: Councilmembers Enegren, Mikos, Pollock, Simons, and
Mayor Parvin.
Staff Present: 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.
Item: 10.B.
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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.
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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 Ch ong 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.
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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
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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
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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 fo r 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. Consider Warrant Register for Fiscal Year 2019/20 – July 1, 2020. Staff
Recommendation: Approve the warrant register.
B. Consider Minutes City Council and Planning Commission Special Joint
Meeting of January 8, 2020. Staff Recommendation: Approve the minutes.
C. Consider Minutes of City Council Special Meeting of April 29, 2020. Staff
Recommendation: Approve the minutes.
D. Consider Minutes of City Council Special Meeting of May 13, 2020 . Staff
Recommendation: Approve the minutes.
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E. 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.
F. 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.
G. 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 REQUIRED)
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.
Janice S. Parvin, Mayor
ATTEST:
Ky Spangler, City Clerk
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