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HomeMy WebLinkAboutMIN 2022 0907 CC SA REG MINUTES OF THE CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Moorpark, California September 7, 2022 A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency was held on Wednesday, September 7, 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 6:30 p.m. 2. PLEDGE OF ALLEGIANCE: City Attorney Kevin Ennis led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Castro, Enegren, Groff, and Mayor Parvin. Absent: Councilmember Pollock. Staff Present: Troy Brown, City Manager; Kevin Ennis, City Attorney; PJ Gagajena, Assistant City Manager; Vivien Avella, Finance Director/City Treasurer; Jeremy Laurentowski, Parks and Recreation Director; Daniel Kim, City Engineer/Public Works Director (via Zoom); Carlene Saxton, Community Development Director; Shanna Farley, Principal Planner, Chris Thompson, Senior Information Systems Administrator, Andres Pena, Information Systems Technician II; Captain Victor Fazio, Ventura County Sheriffs Office; and Ky Spangler, City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Certificate of Recognition Commending Scott Dettorre for His Quick Actions on April 3, 2022, to Save the Life of Brian Spencer. Mayor Parvin read an overview of the actions of Scott Dettorre in saving the life of Brian Spencer and presented him with a Certificate of Recognition. Minutes of the City Council/Successor Agency Moorpark, California Page 2 September 7, 2022 B. Proclamation Recognizing Carmen Ramirez for Her Decades of Dedicated Service to the Residents of Moorpark and All of Ventura County. Mayor Parvin read a proclamation recognizing Carmen Ramirez for her decades of dedicated service to the residents of Moorpark and all of Ventura County. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA CONSENSUS: It was the consensus of the City Council to pull Item 8.B. from the agenda for future consideration. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND MAYOR: Councilmember Enegren reported on August 10 he attended a Moorpark Chamber of Commerce Board meeting. Councilmember Enegren reported on August 19 he attended the Princeton Avenue groundbreaking ceremony. Councilmember Enegren reported on August 30 he attended the Metrolink North Parking Lot ribbon cutting. Councilmember Enegren reported on September 2 he attended the Ventura County Transportation Commission meeting and reported the Fillmore Railroad is changing hands and is now being brought back as the Santa Paula Branch Line with a goal of bringing back the historical railroad line. Councilmember Groff reported on July 23 he attended the Joel Burchfield Walk. Councilmember Groff reported on August 19 he attended the Princeton Avenue groundbreaking ceremony. Councilmember Groff reported on August 19 he attended the Moorpark Chamber of Commerce Community Awards Recognition event. Mayor Parvin made the following City announcements: Due to the weather forecast on Saturday, this weekend's "Concert in the Park" has been cancelled. We are working to reschedule this event, please visit www.moorparkca.gov/concerts for updates. Minutes of the City Council/Successor Agency Moorpark, California Page 3 September 7, 2022 The City of Moorpark will host an open house on Saturday, September 24th between 10:00 a.m. and 1:00 p.m. at the Arroyo Vista Recreation Center's Sycamore Room to present the Goals and Policies that have been developed for the 2050 General Plan. For the last several months, our community has been hard at work developing goals and policies to guide the future of Moorpark through 2050 and now your input is needed on whether the preliminary goals and policies reflect the vision and values shared by the community. Attendees will have an opportunity to speak with your neighbors and members of the General Plan Update project team, and provide input on the draft goals and policies, which will guide future decision-making in our community through 2050. A brief overview presentation covering the same material will be provided at two times: 10:30 a.m. and 12:00 p.m. and staff will be on-hand to answer your questions and receive your feedback throughout the event. The event will include refreshments and a raffle and Spanish translation will also be available. The goals and policies will also be available for review online at moorparkgeneralplan.com beginning on Friday, September 2. 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 enrichedfarms.com for more information. Don't forget to mark your calendars for the Country Days Parade October 1 and the Moorpark Mammoth Run October 2. To sign up for the 5K/10K Moorpark Mammoth Run go to moorparkmammothrun.com. Mayor Parvin reported on activities in July, August, and September including: - attended the Ventura Council of Governments Board meeting; - attended the Field To Fork fundraiser in support of farmworkers; - attended a Boys & Girls Club Board retreat; - attended a Moorpark Chamber of Commerce Legislative meeting; - attended National Night Out in support of law enforcement; - attended the 27th anniversary memorial event honoring the passing of fallen Simi Valley Police Office Michael Clark; - attended a meeting with the Farm Bureau; - volunteered at Lemmo's Golf Tournament; - participated in the Princeton Avenue Widening groundbreaking event; - attended the Moorpark Chamber of Commerce breakfast and Community Awards event; - attended the Foundation for the Arts fundraiser; - toured the ABACORP business site in Moorpark; - participated in the North Metrolink Parking Lot ribbon cutting ceremony; - attended the City Employee briefing; and - participated in the Moorpark Chamber of Commerce Government Relations meeting. Minutes of the City Council/Successor Agency Moorpark, California Page 4 September 7, 2022 8. PUBLIC HEARINGS: A. Consider Resolution Adopting a Mitigated Negative Declaration, Pursuant to the California Environmental Quality Act, and Approving General Plan Amendment No. 2005-02, a Land Use Designation Change from High Density Residential to Very High Density Residential, Amendment No. 4 to the Downtown Specific Plan, Vesting Tentative Tract Map No. 5739, and Residential Planned Development No. 2005-02 for the Development of 60 Residential Condominium Units on 2.44 Acres of Property, Located at the Intersection of Everett Street and Walnut Canyon Road, and Consider Ordinance Approving Zone Change No. 2005-02 Zone, a Change from Residential Planned Development (RPD-7-14U) to Residential Planned Development (RPD-15-25U) and Development Agreement No. 2005-02, on the Application of John Newton on Behalf of John C. Chiu, FLP-N. Staff Recommendation: 1) Open the public hearing, receive public testimony, and close the public hearing; 2) Adopt Resolution No. 2022-4121 : a) adopting the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program (MMRP); and b) approving General Plan Amendment No. 2005-02, Amendment No. 4 to the Downtown Specific Plan, Vesting Tentative Tract Map No. 5739, and Residential Planned Development No. 2005-02; and 3) Introduce Ordinance No. 506 approving the Zone Change 2005-02 and Development Agreement No. 2005-04, and for first reading, waive full reading, and place this Ordinance on the agenda for September 21, 2022, for purposes of providing second reading and adoption of the Ordinance. (ROLL CALL VOTE REQUIRED) Ms. Farley gave the staff report and provided a PowerPoint presentation which included a noted correction to Condition No. 28 that was presented at Planning Commission but was not captured in the resolution included with the City Council staff report. Ms. Farley and Mr. Ennis also provided responses to correspondence received which was provided and posted as a Supplemental Agenda Report. A discussion and questions followed among the Councilmember and staff regarding: 1) explanation of the remnant parcel at north property boundary south of the Wicks Road; 2) whether the development agreement needs a 20-year term; 3) confirmation the project will not preclude the ability for California Highway Patrol to set up truck scales on Moorpark Avenue at Everett Street; 4) confirmation that 15% of the units are set aside for affordable housing; 5) question on the number of, and convenience of, trash enclosure locations and where trash pickup will occur; 6) discussion of the Calleguas Municipal Water District easement, the proposed design in this location, and restrictions imposed by Calleguas which are still being worked on; 7) comment regarding Council's consideration of approval of higher density projects in proximity to high quality transit centers and whether such projects will increase ridership; and whether density will cause impacts to the availability of on-site amenities such as barbeques, a Minutes of the City Council/Successor Agency Moorpark, California Page 5 September 7, 2022 playground or other quality of life amenities; 8) the future of the Civic Center Park; 9) desire for pedestrian accessibility and making it a safe, walkable community; and 10) a request for a three-dimensional model. The public hearing was opened at 7:30 p.m. John Newton, applicant representative, spoke to address City Council questions posed and noted additional applicant and consulting specialists in attendance: Dan Holmes, Civil Engineer; Stan Chiu, Project Architect; David Shender, Traffic Engineer; and Bob Bombardier, Landscape Architect. Mr. Newton thanked staff for requiring updated environmental documents; addressed Council comments and concerns; discussed the Calleguas Municipal Water District easement depicted on stamped page 52; and confirmed onsite amenities are for use of project residents. Stan Chiu, Project Architect, provided clarification on how the architectural revisions directed by Planning Commission to provide additional craftsman elements and features will be incorporated, and that project conditions state approval of the architectural plans will be at the discretion of the Community Development Director. Discussion included project amenities including barbeques in the pool area, whether the Civic Center Park will be maintained in perpetuity, and how funds received through the Development Agreement can be applied to creating additional community- serving amenities. CONSENSUS: It was the consensus of the City Council to add a project condition requiring pedestrian access between buildings over the Calleguas waterline easement and if unable to do so, require the developer to return to City Council for a condition modification. Pedro Toscano, member of Southwest Regional Council of Carpenters, spoke to request a skilled and trained workforce and apprenticeship program be considered for this project. Marco Betancourt, former resident on Everett Street, spoke regarding family history of residence on the site, noted the family was evicted from the location in 2006 along with other low-income families and referenced an executed agreement related to receiving first priority opportunity for a unit in this development. Scott Zimmerman, member of the Southwest Regional Council of Carpenters, commented on the quality-of-life issues, and discussed the goal of providing local jobs through local skilled and trained apprenticeship program, and that such a program is an option that needs to be considered. Minutes of the City Council/Successor Agency Moorpark, California Page 6 September 7, 2022 Jonathan Duran, member of the Southwest Regional Council of Carpenters and member of Southwest Carpenters Local 805, commented that carpenters could previously afford to buy the homes they worked on and now are not paid a livable wage, and expressed the opinion that a local skilled and trained workforce or apprenticeship program would assist the community. Mr. Brown stated, with respect to the Agreement between Mr. Betancourt and Dr. Chiu executed in 2006, the City is not a party to the Agreement. He stated the Agreement provided for three months of relocation assistance and first right of refusal for an affordable housing unit in the future project, and civil remedies would exist for the parties in a case of a breach in the terms of the agreement. The first right of refusal for an affordable unit would be outside of the affordable units set aside as part of the City's project approval. Mr. Ennis provided comments on the best approach with respect to the private contractual right that the parties to the agreement can enforce. The public hearing was closed at 8:45 p.m. Ms. Saxton recapped Council direction and confirmed if the project is recommended for approval, there would be an additional condition which was read into the record stating, "Developer shall obtain from Calleguas Water District pedestrian crossing at both proposed levels of the project so as to facilitate pedestrian crossing and access across the Calleguas pipeline easement between the two project buildings"; and in addition staff noted that Condition Number 28 will be updated as shown in the staff presentation. Ms. Saxton confirmed if the applicant is unable to acquire the access required under the proposed condition, the applicant would be required to come back to the City Council to request a modification of the Residential Planned Development permit. MOTION: Mayor Parvin moved and Councilmember Groff seconded a motion to adopt Resolution No. 2022-4121 a) adopting the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program (MMRP); and b) approving General Plan Amendment No. 2005-02, Amendment No. 4 to the Downtown Specific Plan; Vesting Tentative Tract Map No. 5739; and Residential Planned Development No. 2005-02 as amended to correct Condition 28 as shown in the staff presentation; and revision to Condition 25(c) as amended by the Community Development Director to state "Developer shall obtain from Calleguas Water District pedestrian crossing at both proposed levels of the project so as to facilitate pedestrian crossing and access across the Calleguas pipeline easement between the two project buildings." The motion carried by roll call vote 4-0, Councilmember Pollock absent. Minutes of the City Council/Successor Agency Moorpark, California Page 7 September 7, 2022 Mr. Ennis read the title of Ordinance No. 506. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONE CHANGE NO. 2005-02, A ZONE CHANGE FROM RESIDENTIAL PLANNED DEVELOPMENT (RPD-7- 14U) TO RESIDENTIAL PLANNED DEVELOPMENT (RPD-15-25U), AND APPROVING DEVELOPMENT AGREEMENT NO. 2005-04, ON THE APPLICATION OF JOHN NEWTON ON BEHALF OF JOHN C. CHIU, FLP-N. MOTION: Mayor Parvin moved and Councilmember Enegren seconded a motion to introduce Ordinance No. 506 approving the Zone Change 2005-02 and Development Agreement No. 2005-04, and for first reading, waive full reading, and place this Ordinance on the agenda for September 21, 2022, for purposes of providing second reading and adoption of the Ordinance. The motion carried by roll call vote 4-0, Councilmember Pollock absent. B. Consider Resolution Approving the Second Amendment to the Disposition and Development Agreement No. 2018-01 and Consider Ordinance for the First Amendment to the Development Agreement No. 2018-01 between the City of Moorpark and Daly Group, Inc. and Making a Determination of Exemption Pursuant to the California Environmental Quality Act in Connection Therewith. Staff Recommendation: 1) Open the public hearing, receive public testimony and close the public hearing; and 2) Adopt Resolution No. 2022- , approving the Second Amendment to Disposition and Development Agreement No. 2018-01, subject to final language approval by the City Manager; and 3) Introduce Ordinance No. , approving the First Amendment to Development Agreement No. 2018-01 for first reading, waive full reading, and place this ordinance on the agenda for September 21, 2022, for purposes of providing second reading and adoption of the ordinance. (ROLL CALL VOTE REQUIRED) CONSENSUS: It was the consensus of the City Council to pull this item from the agenda for future consideration. Noticing for a new public hearing will be published at such time as the item is rescheduled for consideration. 9. PRESENTATION/ACTION/DISCUSSION: A. Consider a $35,000 Agreement with Gunnerson Consulting & Communication Site Services (GCCSS) for Wireless Telecommunications Facility Consulting Services; Consider Resolution No. 2022-4122 Amending Fees for Small Wireless Facilities within the City's Right-of- Way; and Consider Resolution No. 2022-4123 to Amend the City's Fiscal Year (FY) 2022/23 Annual Budget. Staff Recommendation: 1) Approve an agreement with Gunnerson Consulting & Communication Site Services for Minutes of the City Council/Successor Agency Moorpark, California Page 8 September 7, 2022 wireless telecommunications facility consulting services, and authorize the Mayor to execute the agreement, subject to final language approval by the City Manager, and authorize the City Manager to execute up to two one- year extensions of the agreement with a not-to-exceed value of $35,000 annually; 2) Adopt Resolution No. 2022-4122 to amend fees for small wireless facility permits within the City's right-of-way and rescinding Resolution No. 2020-3977; and 3) Adopt Resolution No. 2022-4123 to amend the FY 2022/23 Annual Budget to fund the agreement with GCCSS and corresponding offsetting revenues. (ROLL CALL VOTE REQUIRED) Mr. Chong gave the staff report. In response to Council questions, it was clarified the consultant utilizes an outside nationwide contractor to provide field testing measurement services and provides a report on findings within 21 days on the facility's compliance with Federal Communications Commission (FCC) requirements. There were no speakers. MOTION: Councilmember Enegren moved and Councilmember Groff seconded a motion to 1) Approve an agreement with Gunnerson Consulting & Communication Site Services; 2) Adopt Resolution No. 2022-4122 to amend fees for small wireless facility permits within the City's right-of-way and rescinding Resolution No. 2020-3977; and 3) Adopt Resolution No. 2022-4123 to amend the FY 2022/23 Annual Budget to fund the agreement with GCCSS and corresponding offsetting revenues. The motion carried by roll call vote 4-0, Councilmember Pollock absent. 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Mayor Parvin moved and Councilmember Enegren seconded a motion to approve the Consent Calendar. The motion carried by roll call vote 4-0, Councilmember Pollock absent. A. Consider Warrant Register for Fiscal Year 2021/22 — September 7, 2022. Staff Recommendation: Approve the warrant register. B. Consider Warrant Register for Fiscal Year 2022/23 — September 7, 2022. Staff Recommendation: Approve the warrant register. C. Consider Minutes of City Council/Successor Agency Regular Meeting of June 1 , 2022. Staff Recommendation: Approve the minutes. D. Consider Resolution Amending Fiscal Year 2022/23 Budget to Increase Appropriations for Fiscal Year 2021/22 Purchase Order Carry Overs. Staff Recommendation: Adopt Resolution No. 2022-4124. Minutes of the City Council/Successor Agency Moorpark, California Page 9 September 7, 2022 E. Consider Resolutions Authorizing the Destruction of Specified City Records on File in the City Manager's Office, Community Development Department, Finance Department, Parks, Recreation & Community Services Department, and Public Works Department. Staff Recommendation: Adopt Resolutions authorizing the destruction of specified records in the City Manager's Office, Community Development, Finance, Parks, Recreation & Community Services, and Public Works Departments. 11. ORDINANCES: (ROLL CALL VOTE REQUIRED) A. Consider Ordinance No. 505 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. Staff Recommendation: Waive full reading, declare Ordinance No. 505 read for the second time, and adopted as read. (ROLL CALL VOTE REQUIRED) 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 Minutes of the City Council/Successor Agency Moorpark, California Page 10 September 7, 2022 MOTION: Mayor Parvin moved and Councilmember Enegren seconded a motion to waive full reading, declare Ordinance No. 505 read for the second time and adopted as read. The motion carried by roll call vote of 4-0, Councilmember Pollock absent. 12. CLOSED SESSION: None. 13. ADJOURNMENT: Mayor Parvin adjourned the meeting at 9:02 p.m. J nice S. Parvin, Mayor ATTEST: K AM" g,9 p Ky Spa ' ler, Cit C erk n��