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HomeMy WebLinkAboutAGENDA REPORT 2022 1005 CCSA REG JNT DC ITEM 10CCITY OF MOORPARK, CALIFORNIA City Council Meeting of October 5, 2022 ACTION APPROVED STAFF RECOMMENDATION. BY A. Hurtado. C. Consider Minutes of City Council/Successor Agency Regular Meeting of July 20, 2022. Staff Recommendation: Approve the minutes. (Staff: Ky Spangler, City Clerk) Item: 10.C. MINUTES OF THE CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Moorpark, California July 20, 2022 A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency was held on Wednesday, July 20, 2022, at 6:30 p.m. 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 6:34 p.m. 2. PLEDGE OF ALLEGIANCE: Ventura County Sheriff’s Office Captain Victor Fazio led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Castro, Enegren, Groff, Pollock, and Mayor Parvin. Staff Present: Troy Brown, City Manager; Kevin Ennis, City Attorney; PJ Gagajena, Assistant City Manager; Daniel Kim, City Engineer/Public Works Director; Carlene Saxton, Community Development Director; Vivien Avella, Finance Director/City Treasurer; Jeremy Laurentowski, Parks and Recreation Director; Brian Chong, Assistant to the City Manager; Jessica Sandifer, Community Services Manager (Via Zoom); Shanna Farley, Principal Planner; Andres Peña, Information Systems Technician I; 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 consensus of the City Council to reorder Agenda Item 11.B. in advance of Item 11.A., and to adjourn the meeting in memory of Moorpark resident Michael “Mike” Williams at the request of Mayor Parvin. Item: 10.C. 115 Minutes of the City Council/Successor Agency Moorpark, California Page 2 July 20, 2022 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND MAYOR: Councilmember Enegren requested a future Agenda Item to have Calleguas attend and provide a presentation regarding water and water restrictions which was calendared for the first meeting in September 2022. Councilmember Enegren reported on July 8 he participated in a Ventura County Transportation Commission (VCTC) meeting where a development being built within the Oxnard Airport’s zone of influence was discussed and comments were provided. Councilmember Enegren reported on July 11 he participated in an FBI briefing regarding foreign interference in government. Councilmember Enegren reported on July 13 he attended a Moorpark Chamber of Commerce Board meeting. Councilmember Groff reported on July 7 he participated in the FBI briefing. Councilmember Groff reported on July 13 he attended a Moorpark Chamber of Commerce Board meeting. Councilmember Pollock reported on July 7 he participated in the FBI briefing, noted Councilmembers met separately to avoid a Brown Act violation, and commented that staff members also received the briefing. Councilmember Pollock reported on July 14 and 15 he attended the League of California Cities Board meeting and remarked on the organization’s strong membership. He noted one of the top priorities this year was the Environmental Quality Policy Committee’s discussion of the proposed ballot initiative for a tax on single use plastic items, resulting in negotiation of a parallel solution, Senate Bill 54, which passed. Also, CalCities helped secure $12 billion in the State budget for cities, including $1 billion for low-income housing and infill construction and $180 million to help implement SB1383, the mandated organic waste recycling program. He noted significant decisions included addressing two propositions on the November ballot; Proposition 26 (California Sports Wagering Regulation and Unlawful Enforcement Act) and Proposition 27 (California Legalize Sports Betting and Revenue for Homeless Prevention Fund). A neutral position was taken on Proposition 26 and a unanimous oppose position was taken on Proposition 27 meaning the Board will actively campaign against it. Additionally, CalCities officers who will assume office at the annual conference were selected and include: Second Vice President Lisa Middleton (Palm Springs); First Vice President Dan Para (Fowler), President Ali Taj (Artesia); and Immediate Past President Cindy Silva (Walnut Creek). 116 Minutes of the City Council/Successor Agency Moorpark, California Page 3 July 20, 2022 Councilmember Castro reported on July 11 he participated in the FBI briefing. Councilmember Castro reported on July 16 he attended the Concert in the Park event. Mayor Parvin announced Movies in the Park on Friday, July 22 at Arroyo Vista Community Park. Gates open at 7:00 p.m. and the movie will start at approximately 8:00 p.m. Admission is free. The movie this month is Encanto. For details visit www.moorparkca.gov/movies.com. Mayor Parvin announced the Moorpark Certified Farmer’s Market is open every Sunday from 9:00 a.m. to 2:00 p.m. at 450 High Street. You can find organic produce, taste unique foods, and discover handmade arts and crafts. Go to www.enrichedfarms.com for more information. Mayor Parvin announced the Moorpark Beach Bus is in service providing two round trips to and from Harbor Cove Beach, located next to the Ventura Harbor Village Shopping Center Tuesdays through Thursdays through August 11. Fares are $5.00 round trip for adults and students and $2.00 round trip for seniors 65 and older or individuals with a disab ility. These are unsupervised general transportation services. For schedule information, please visit www.moorparkca.gov/beachbus.com or call 805-517-6233. Mayor Parvin reported on July 7 she participated in the FBI briefing. Mayor Parvin reported on July 8 she participated in a Moorpark Chamber of Commerce breakfast. Mayor Parvin reported on July 11 she met with the Community Development Department regarding a project on the agenda tonight. Mayor Parvin reported on July 12 she participated in a n Economic Development Committee meeting and a Boys and Girls Club Board development meeting. Mayor Parvin reported on July 15 she attended a Moorpark Chamber of Commerce breakfast sponsored by CSMC Mortgage. Mayor Parvin reported on July 20 she attended a Local Agency Formation Commission (LAFCo) meeting and they had a lively discussion on Public Records Requests. 8. PUBLIC HEARINGS: A. Consider Resolution Adopting a Mitigated Negative Dec laration, Pursuant to the California Environmental Quality Act, and the Approval of Vesting Tentative Tract Map No. 2021-01, and Residential Planned Development No. 2021-01 for the Subdivision and Development of 47 Residential Units, 117 Minutes of the City Council/Successor Agency Moorpark, California Page 4 July 20, 2022 Private Roads, Community Open Space, and Associated Improvements on 7.4 Acres of Property, Located at 11930 Los Angeles Avenue (Beltramo Ranch Road), and Consider Ordinance Approving General Plan Amendment No. 2021-01, Development Agreement No. 2021-01, Zone Change No. 2021-01, Including a General Plan Amendment Land Use Designation Change from Park and Low Density Residential to High Density Residential, and a Zone Change from Single -Family Residential and Rural Exclusive to Residential Planned Development, on the Application of Joe Oftelie on Behalf of Warmington Residential. Staff Recommendation: 1) Open the public hearing, receive public testimony, and close the public hearing; and 2) Adopt Resolution No. 2022-4117: a) adopting the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program (MMRP) and approving the General Plan Amendment No. 2021-01, Zone Change 2021-01, Vesting Tentative Tract Map No. 2021-01 (VTTM 6061), and Residential Planned Development No. 2021-01; and 3) Introduce Ordinance No. 505 approving the General Plan Amendment No. 2021-01, Development Agreement No. 2021-01, and Zone Change 2021-01 for first reading, waive full reading, and place this Ordinance on the agenda for September 7, 2022, for purposes of providing second reading and adoption of the Ordinance. (ROLL CALL VOTE REQUIRED) Councilmember Pollock reported an exparte meeting on May 18 with Bill McReynolds from Warmington, noting for disclosure purposes that the meeting was about Mr. McReynold’s role with the Building Industry Association and not about the Beltramo Ranch project. Ms. Farley gave the staff report and provided a PowerPoint presentation. Ms. Farley noted a Supplemental Staff Report with minor changes to the proposed resolution and ordinance, and an additional public comment received after the publication of the agenda, was distributed prior to the meeting. Questions among the Councilmembers and staff followed and focused on: 1) the applicant working on tree preference selection options with adjacent owners; and 2) clarification that the FEMA Flood Map line runs through the park at the south end of the project and does not affect the 47 homes, and would not make changes to any existing conditions. Mayor Parvin opened the public hearing at 7:02 p.m. Mr. Joe Oftelie, Warmington Homes, spoke briefly about the history of Warmington Homes in California and within the City of Moorpark’s community and stated Warmington is willing to work with the neighbors and on the selection of adjacent bordering trees, noting two have already agreed on tree types, with others pending. 118 Minutes of the City Council/Successor Agency Moorpark, California Page 5 July 20, 2022 Chris Peltonen, submitted a card but was not present when called. Reggie Mercado, Senior Pastor Fountain Four Square Church, spoke in support of the project and provided history of the church on the property. Having no additional speakers, Mayor Parvin closed the public hearing at 7:09 p.m. MOTION: Mayor Parvin moved and Councilmember Enegren seconded a motion to adopt Resolution No. 2022-4117, adopting the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program (MMRP) and approving the General Plan Amendment No. 2021-01, Zone Change 2021-01, Vesting Tentative Tract Map No. 2021-01 (VTTM 6061), and Residential Planned Development No. 2021-01, as amended (Condition of Approval 61 and 100). The motion carried by unanimous roll call vote. Mr. Ennis read the title of Ordinance No. 505. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 2021-01, DEVELOPMENT AGREEMENT NO. 2021-01, AND ZONE CHANGE NO. 2021-01 INCLUDING A GENERAL PLAN AMENDMENT LAND USE DESIGNATION CHANGE FROM PARK AND LOW DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL, AND A ZONE CHANGE FROM SINGLE- FAMILY RESIDENTIAL AND RURAL EXCLUSIVE TO RESIDENTIAL PLANNED DEVELOPMENT, FOR THE SUBDIVISION AND DEVELOPMENT OF 47 RESIDENTIAL UNITS, PRIVATE ROADS, COMMUNITY OPEN SPACE, AND ASSOCIATED IMPROVEMENTS ON 7.4 ACRES OF PROPERTY, LOCATED AT 11930 LOS ANGELES AVENUE (BELTRAMO RANCH ROAD) ON THE APPLICATION OF JOE OFTELIE ON BEHALF OF WARMINGTON RESIDENTIAL MOTION: Mayor Parvin moved and Councilmember Groff seconded a motion to introduce Ordinance No. 505, as amended (Section 7.A. to strike Specific Plan reference) approving the General Plan Amendment No. 2021-01, Development Agreement No. 2021-01, and Zone Change 2021-01 for first reading, waive full reading, and place this ordinance on the agenda for September 7, 2022, for purposes of providing second reading and adoption of the ordinance. The motion carried by unanimous roll call vote. 119 Minutes of the City Council/Successor Agency Moorpark, California Page 6 July 20, 2022 B. Consider Resolution Approving Commercial Planned Development No. 2021-01 and Vesting Tentative Tract Map No. 2021-02 for Tract No. 6068, to Subdivide the Property Into One Common Area Lot and Seven Commercial Lots and to Allow the Development of Seven Freestanding Office Buildings Totaling 28,955 Square Feet, and Related Site Improvements on 2.59 Acres of Property, Located at 858 Patriot Drive, and Making a Determination of Exemption Pursuant to the California Environmental Quality Act in Connection Therewith, on the Application of Martin Teitelbaum on Behalf of Patriot Investors, LP. Staff Recommendation: 1) Open the public hearing, receive public testimony, and close the public hearing; and 2) Adopt Resolution No. 2022-4118 approving Commercial Planned Development (CPD) No. 2021-01 and Vesting Tentative Tract Map No. 2021-02 (VTTM 6068). (ROLL CALL VOTE REQUIRED) Ms. Farley gave staff report and provided a PowerPoint presentation. Ms. Farley noted a Supplemental Staff Report was distributed this afternoon containing an additional public comment letter which was received after the publication of the agenda which she briefly addressed with a summarized response to the lengthy communication. In response to questions, staff confirmed the buildings will be similar in appearance to the existing Patriot Center but will be slightly more modern, lower in height and include similar design features, and will target high-end medical or office uses, architects, engineers, and the like. Mayor Parvin opened the public hearing at 7:28 p.m. Martin Teitelbaum, applicant, spoke to describe the project and types of users being sought for site and noted small businesses have the opportunity to purchase or lease depending on market conditions. He further commented each building sits on an individual legal lot, surrounded by a common area controlled and regulated by Covenants, Conditions, and Restrictions and managed by an Association. Alex Perez, member of the Southwest Regional Council of Carpenters, spoke stating he lives in proximity to the site and will be affected by the environmental impacts of the project. He expressed the opinion that it does not qualify for a Class 32 CEQA Exemption due to inconsistency with General Plan policies regarding new development and because construction and operation of the project may significantly increase traffic. He further noted the City should require the project to be built utilizing local skilled and trained work force to mitigate transportation and greenhouse gas impacts by minimizing vehicle miles traveled. Brian Poliquin with PK Architecture, stated he designed the other buildings in the Patriot Center, explained design concepts of the buildings and site, 120 Minutes of the City Council/Successor Agency Moorpark, California Page 7 July 20, 2022 described how the massing and color palate was determined and believes the design is very compatible with the existing center. The public hearing was closed at 7:37 p.m. A discussion among Councilmembers and staff focused on: 1) a hotel was previously proposed on the site and this use suits the location more appropriately; 2) building design and color scheme; and 3) community walkability. MOTION: Councilmember Enegren moved and Councilmember Pollock seconded a motion to adopt Resolution No. 2022-4118 approving Commercial Planned Development (CPD) No. 2021-01 and Vesting Tentative Tract Map No. 2021-02 (VTTM 6068). The motion carried by unanimous roll call. 9. PRESENTATION/ACTION/DISCUSSION: A. Consider Award of Agreement to ALTA Planning + Design, Inc. for Arroyo Simi Trail Master Plan and Resolution Amending the Fiscal Year 2022/23 Budget to Fully Fund the Master Plan Work. Staff Recommendation: 1) Award agreement to ALTA Planning + Design, Inc. for a not-to-exceed amount of $219,329, which includes a contingency of $19,939, and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager; and 2) Adopt Resolution No 2022 - 4119, amending the Fiscal Year 2022/23 Budget by appropriating $99,329 from the Traffic System Management Fund (2001) to fully fund the Master Plan work. (ROLL CALL VOTE REQUIRED) Ms. Sandifer gave the staff report. There were no speakers. MOTION: Mayor Parvin moved and Councilmember Enegren seconded a motion to 1) Award agreement to ALTA Planning + Design, Inc. for a not-to- exceed amount of $219,329, which includes a contingency of $19,939, and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager; and 2) Adopt Resolution No 2022 -4119, amending the Fiscal Year 2022/23 Budget by appropriating $99,329 from the Traffic System Management Fund (2001) to fully fund the Master Plan work. The motion carried by unanimous roll call vote. B. Consider Update on Strategies, Goals and Objectives for Fiscal Years 2021/22 and 2022/23. Staff Recommendation: Receive and file updates of the Strategies, Goals and Objectives for Fiscal Years 2021/22 and 2022/23. 121 Minutes of the City Council/Successor Agency Moorpark, California Page 8 July 20, 2022 Mr. Gagajena gave the staff report and provided a PowerPoint Presentation. It was noted that focus, commitment, and direction on a more limited set of goals and objectives has allowed for more to get accomplished. An inquiry was made on timing of unconscious bias training for Councilmembers. There were no speakers. CONSENSUS: It was the consensus of the City Council to receive and file the report. 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Councilmember Pollock moved and Councilmember Enegren seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Warrant Register for Fiscal Year 2021/22 – July 20, 2022. Staff Recommendation: Approve the warrant register. B. Consider Warrant Register for Fiscal Year 2022/23 – July 20, 2022. Staff Recommendation: Approve the warrant register. C. Consider Minutes of City Council Special Meeting of May 25, 2022. Staff Recommendation: Approve the minutes. D. Consider Adoption of a “Support” Position for Behavioral Health Legislative Reform Introduced by California State Senator Susan Eggman (SB 929, SB 965, SB 970, SB 1035, SB 1154, SB 1227, SB 1238, and SB 1416). Staff Recommendation: Adopt a “Support” position for the above- listed bills and authorize the Mayor and staff to prepare and submit support letters for them. E. Consider Amendment No. 1 to Agreement with Linda Demmers Library Consultant for Additional Schematic Design Services. Staff Recommendation: Approve Amendment No. 1 with Linda Demmers Library Consultant, and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager. F. Consider Resolution Acknowledging the Annual Review of the Moorpark City Transit’s Public Transit Agency Safety Plan (PTASP) and Providing Updates and Rescinding Resolution No. 2021-4030. Staff Recommendation: Adopt Resolution No. 2022-4120 acknowledging the Annual Review of the City of Moorpark Public Transportation Agency Safety Plan Providing Updates and Rescinding Resolution No. 2021 -4030. (ROLL CALL VOTE REQUIRED) 122 Minutes of the City Council/Successor Agency Moorpark, California Page 9 July 20, 2022 11. ORDINANCES: (ROLL CALL VOTE REQUIRED) B. Consider Ordinance No. 504 Repealing and Replacing in its Entirety Title 6, Regarding Animal Services and Control, of the Moorpark Municipal Code, and Making a Determination of Exemption Under CEQA. Staff Recommendation: Waive full reading, declare Ordin ance No. 504 read for the second time, and adopted as read. (ROLL CALL VOTE REQUIRED) Mr. Ennis read the title of Ordinance No. 504. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, REPEALING AND REPLACING IN ITS ENTIRETY TITLE 6, REGARDING ANIMAL SERVICES AND CONTROL, OF THE MOORPARK MUNICIPAL CODE, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA MOTION: Mayor Parvin moved and Councilmember Groff seconded a motion to waive full reading, declare Ordinance No. 504 reading for the second time, and adopted as read. The motion carried by a unanimous roll call vote. A. Consider Ordinance No. 503 Approving Zoning Ordinance Amendment No. 2021-03 Amending Chapters 17.08 (Definitions), 17.20 (Uses By Zone), and 17.28 (Standards For Specific Uses) of Title 17 (Zoning) of the Moorpark Municipal Code To Define “Chain Store” Uses, to Establish Regulations Related to the Operation of Chain Stores on High Street, and to Make a Determination of Exemption Pursuant to the California Environmental Quality Act (CEQA) in Connection Therewith . Staff Recommendation: Waive full reading, declare Ordinance No. 503 read for the second time, and adopted as read. (ROLL CALL VOTE REQUIRED) AT THIS POINT in the meeting, Councilmember Groff announced he would recuse himself from consideration of Item 11.A. as the ordinance may affect the value of the assets and properties he owns on High Street in the Downtown area and left the dais. The time was 8:01 p.m. AT THIS POINT in the meeting, Councilmember Castro announced he is required to recuse himself from consideration of Item 11.A. as the ordinance may affect the value of the assets and property he owns on Charles Street and left the dais. The time was 8:01 p.m. 123 Minutes of the City Council/Successor Agency Moorpark, California Page 10 July 20, 2022 Mr. Ennis read the title of Ordinance No. 503. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT NO. 2021-03 AMDENDING CHAPERS 17.08 (DEFINITIONS), 17.20 (USES BY ZONE), AND 17.28 (STANDARDS FOR SPECIFIC USES) OF TITLE 17 (ZONING) OF THE MOORPARK MUNICIPAL CODE TO DEFINE “CHAIN STORE USES, TO ESTABLISH REGULATIONS RELATED TO THE OPERATION OF CHAIN STORES ON HIGH STREET, AND TO MAKE A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IN CONNECTION THEREWITH MOTION: Mayor Parvin moved and Councilmember Pollock seconded a motion to waive full reading, declare Ordinance No. 503 reading for the second time, and adopted as read. The motion carried by roll call vote 3-0, Councilmembers Groff and Castro recused. 12. CLOSED SESSION: None. 13. ADJOURNMENT: Mayor Parvin adjourned the meeting in memory of Moorpark resident Michael “Mike” Williams at 8:02 p.m. Janice S. Parvin, Mayor ATTEST: Ky Spangler, City Clerk 124