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HomeMy WebLinkAboutAGENDA REPORT 2022 1116 CCSA REG ITEM 10CCITY OF MOORPARK, CALIFORNIA City Council Meeting of November 16, 2022 ACTION APPROVED STAFF RECOMMENDATION. BY A. Hurtado. C. Consider Minutes of City Council/Successor Agency Regular Meeting of November 2, 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 November 2, 2022 A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency was held on Wednesday, November 2, 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 6:31 p.m. 2. PLEDGE OF ALLEGIANCE: Ventura County Sheriff’s Office Captain Darin Hendren 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; Brian Chong, Assistant to the City Manager; Vivien Avella, Finance Director/City Treasurer; Jeremy Laurentowski, Parks and Recreation Director; Daniel Kim, City Engineer/Public Works Director; Carlene Saxton, Community Development Director; Jessica Sandifer, Community Services Manager; Shanna Farley, Principal Planner; Chris Thompson, Senior Information Systems Administrator; Sergeant Bryan Sliva, 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 pull Consent Calendar Item 10.F. and Item 11.A. for individual consideration. Item: 10.C. 35 Minutes of the City Council/Successor Agency Moorpark, California Page 2 November 2, 2022 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND MAYOR: Councilmember Pollock reported on October 26 he attended a meeting of the Calleguas Drought Task Force with Assistant City Manager Gagajena and reported that Metropolitan Water District (MWD) heard the complaints to equally share the brunt of the drought restrictions across the entire District, not just those users on the west side who are dependent on the State Water Project. However, MWD will continue to prioritize projects on the east side of the District and demonstrated how those projects have a bigger impact than those on the west. Additional water restrictions may come in December or January and Ca lleguas is considering creating a permanent ban on outdoor watering of non -functional turf on commercial and industrial properties. At this time conservation goals are being met and state fines are not expected. Councilmember Groff reported on October 21 he attended the Moorpark Kiwanis Club charity fundraiser poker tournament. Councilmember Groff reported on October 27 he attended the Ventura Council of Governments annual dinner. Councilmember Groff reported on November 1 he attended the Moorpark Chamber of Commerce networking mixer at the Ventura County Credit Union. Councilmember Enegren reported on October 28 he met with Ventura County Transportation Commission members, County of Ventura Board of Supervisor members, and Mayor Parvin regarding the State Route 118 bridge flyover safety rail and discussed the proposed time frame for the project and approaches to speed up the project. Councilmember Enegren reported on November 1 he attended the Moorpark Chamber of Commerce ixer and retirement celebration for Dale Parvin at the Ventura County Credit Union. Mayor Parvin made the following City announcements: You are never too old to learn something new or switch jobs. The Moorpark City Library has free online tools for job training, skill building, test preparation, and professional development from top-tier providers like LinkedIn Learning, Coursera, Skillshare, and more with CAreer Pathways. All you need is a library card and a computer or device with the internet. Go to moorparklibrary.org or visit the Library to learn more. Bingo has returned to the Moorpark Active Adult Center. The American Legion Post 502 hosts a weekly bingo game at the Active Adult Center for anyone 18 and older. Doors open every Thursday at 12:00 p.m. and bingo starts at 1:00 p.m. Join 36 Minutes of the City Council/Successor Agency Moorpark, California Page 3 November 2, 2022 in the fun to win cash prizes. Please call the Active Adult Center with any questions at (805) 517-6261. Mayor Parvin reported on October 20 she participated in the Ventura Council of Governments Administration Committee meeting in Camarillo. Mayor Parvin reported on October 24 she attended an ad hoc committee meeting on the Rasmussen project. Mayor Parvin reported on October 21 she presented a Certificate of Recognition to the Medlock Krieger Foundation. Mayor Parvin reported on October 26 she participated in the Moorpark Chamber of Commerce Legislative Committee meeting. Mayor Parvin reported on October 27 she attended the Ventura Council of Governments annual meeting in Camarillo. Mayor Parvin reported on October 30 she participated in the Ventura County Cattlemen’s Association annual meeting. Mayor Parvin reported on October 31 she participated in Haunted High Street. Mayor Parvin reported on November 1 she enjoyed her husband’s retirement gathering at the Ventura County Credit Union. 8. PUBLIC HEARINGS: A. Consider Resolution Adopting a Mitigated Negative Declaration, Pursuant to the California Environmental Quality Act and Approval of Industrial Planned Development No. 2022-01 and Conditional Use Permit No. 2022- 01 to Allow the Development a 90,566 Square Foot Industrial Warehouse Building and Associated Site Work on 5.65 Acres of Property, Located at 10941 Los Angeles Avenue, on the Application of Amir Development on Behalf of Moorpark Lot A, LP. Staff Recommendation: Planning Commission recommends that the City Council: 1) Open the public hearing, receive public testimony, and close the public hearing; and 2) Adopt Resolution No. 2022-4142: a) adopting the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program (MMRP) and b) approving Industrial Planned Development No. 2022-01 and Conditional Use Permit No. 2022-01. (ROLL CALL VOTE REQUIRED) Ms. Farley gave the staff report and PowerPoint presentation, including information on comments received by the Lozeau Drury law firm on the project’s Mitigated Negative Declaration. City Attorney Ennis provided information on the legal standard on which the Council should consider the adoption of the Mitigated Negative Declaration and the definition of “substantial evidence” as provided in the California Environmental Quality 37 Minutes of the City Council/Successor Agency Moorpark, California Page 4 November 2, 2022 Act (CEQA) Guidelines. He further stated that staff has evaluated the submissions by the Lozeau Drury firm and has indicated that the comments do not rise to the level of substantial evidence. Questions among the City Council and staff followed focused on: 1) the number of employees at the building is estimated at approximately 80, and the environmental document analyzed a warehouse and office use; 2) clarification that the applicant is in agreement with mitigation measures proposed by its Traffic Engineer resulting from the City’s General Plan level of service requirements that resulted in vanpool and additional alternative transportation mitigations, and the installation of a traffic signal at Montair Drive; 3) clarification that there is a condition of approv al requiring, prior to occupancy, that a permanent, corrected easement for shared road access be provided to ensure ongoing access if property ownership were to change in the future. Mayor Parvin opened the public hearing at 6:59 p.m. Steve Juhnke, Amir Development, spoke briefly to thank staff and noted he and the development team, and Mr. Avi Vantaram, Director of Operations with Pentair, were present and available for questions. Victoria Yundt, attorney with the Lozeau Drury law firm, spoke regarding the mitigated negative declaration (MND), urged the Council to refrain from adopting the Final MND, stated an Environmental Impact Report (EIR) should be prepared for the project, and commented on three issues - biological resources, air quality and energy impacts - which support requiring an EIR. The MND fails to adequately analyze and mitigate biological impacts including impacts to special status species; the air quality analysis utilized incorrect modeling for project emissions resulting in under- estimation of impacts and inadequate mitigation; and energy impacts were not sufficiently analyzed including peak and base electricity demands . Mr. Ennis responded to clarify the speaker’s comments and to correct the record. He noted the speaker incorrectly stated that special status species were found hunting and nesting on the site. The report submitted by Dr. Smallwood does not indicate any of those special status species were nesting on the site; those observed are not special status species and therefore staff does not consider there to be any potentially significant impact on wildlife habitat or wildlife corridors and the mitigation measures will identify and protect any species found during construction. Regarding air quality impacts, it was stated the City’s CEQA consultant used incorrect modeling. In response to a comment made, the City’s consultant re- performed the analysis; with the correct modeling the impact was found to be less that significant and the staff report clearly specifies how that occurred. Regarding the health risk assessment issue and assertion that more analysis be done on sensitive receptors, the analysis submitted by 38 Minutes of the City Council/Successor Agency Moorpark, California Page 5 November 2, 2022 Lozeau Drury used an assumption that there are sensitive receptors within 100 meters of the project which is incorrect; the nearest sensitive receptor is more than 1300 feet away. Regarding energy impacts, it was asserted these were not addressed, specifically electricity impacts; however, the Initial Study indicated the project would not create a significant impact on energy and therefore mitigation measures they assert should be imposed are not required. Ms. Farley discussed the MMRP and conditions of approval that relate to the speaker’s comments. Department of Fish and Wildlife concerns regarding the Gabbert Channel were addressed in Condition No. 23. Air Pollution Control District (APCD) concerns were addressed in Condition Nos. 143 and 144 and are included on all projects. With respect to the concern regarding volatile organic compounds (VOCs), it was noted that air quality findings were recalculated and resulted in thresholds for mitigations not being reached. Lastly, a level of significance was not shown regarding energy usage and therefore further analysis was not warranted under CEQA Guidelines. Mayor Parvin closed the public hearing at 7:11 p.m. Councilmember Pollock noted the City has not hesitated in applying environmental mitigations or project conditions in the past, commented he particularly looked at APCD conditions which addressed VOC’s and particulate matter and found there is no substantial evidence that there are environmental issues on the project, and is in support of the MND. Councilmember Enegren concurred the mitigations are adequate and commented in support. Councilmember Groff also commented in support. Mayor Parvin reiterated the project is consistent with the General Plan and provides an economic benefit and employment opportunities and has not heard substantial evidence that the MND is not well documented. MOTION: Mayor Parvin moved and Councilmember Enegren seconded a motion to adopt Resolution No. 2022-4142: a) adopting the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program and b) approving Industrial Planned Development No. 2022-01 and Conditional Use Permit No. 2022-01. The motion carried by unanimous roll call vote. B. Consider an Ordinance Adopting by Reference the 2022 Editions of the California Building Code, Volumes 1 and 2, with Appendices C, I and J, the California Residential Code, with Appendix AH, the California Reference Standards Code, the California Electrical Code, the California Plumbing Code with Appendix H, the California Mechanical Code, the California Energy Code, the California Green Building Standards Code, the California Administrative Code, the 2021 Edition of the International Property Maintenance Code and the Twenty-First Edition of the Gypsum Association 39 Minutes of the City Council/Successor Agency Moorpark, California Page 6 November 2, 2022 Fire Resistance Design Manual; Together with Amendments, Deletions and Penalties, and Amending Title 15 of the Moorpark Municipal Code; Making Findings that Amendments to the 2022 Editions of the Ca lifornia Building Code and California Residential Code are Reasonably Necessary Due to Local Climatic, Geological and Topographical Conditions; and Making a Determination of Exemption Under CEQA in Connection Therewith . Staff Recommendation: 1) Open the public hearing, take testimony, and close the public hearing; and 2) Waive full reading and declare Ordinance No. 508 read for the second time and adopted as read; and 3) Direct staff to send the changes to the Code to the California Building Standards Commission. (ROLL CALL VOTE REQUIRED) Ms. Saxton gave the staff report. Mayor Parvin opened the public hearing at 7:18 p.m.; having no speakers, the public hearing was closed. Mr. Ennis read the title of Ordinance No. 508. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING BY REFERENCE THE 2022 EDITIONS OF THE CALIFORNIA BUILDING CODE, VOLUMES 1 and 2, WITH APPENDICES C, I AND J, THE CALIFORNIA RESIDENTIAL CODE, WITH APPENDIX AH, THE CALIFORNIA REFERENCED STANDARDS CODE, THE CALIFORNIA ELECTRICAL CODE, THE CALIFORNIA PLUMBING CODE WITH APPENDIX H, THE CALIFORNIA MECHANICAL CODE, THE CALIFORNIA ENERGY CODE, THE CALIFORNIA GREEN BUILDING STANDARDS CODE, THE CALIFORNIA ADMINISTRATIVE CODE, THE 2021 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, AND THE TWENTY-FIRST EDITION OF THE GYPSUM ASSOCIATION FIRE RESISTANCE DESIGN MANUAL; TOGETHER WITH AMENDMENTS, DELETIONS AND PENALTIES, AND AMENDING TITLE 15 OF THE MOORPARK MUNICIPAL CODE; MAKING FINDINGS THAT AMENDMENTS TO THE 2022 EDITIONS OF THE CALIFORNIA BUILDING CODE AND CALIFORNIA RESIDENTIAL CODE ARE REASONABLY NECESSARY DUE TO LOCAL CLIMATIC, GEOLOGICAL AND TOPOGRAPHICAL CONDITIONS; AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH MOTION: Councilmember Enegren moved and Councilmember Pollock seconded a motion to 1) Waive full reading and declare Ordinance No. 508 read for the second time and adopted as read; and 2) Direct staff to send the changes to the 40 Minutes of the City Council/Successor Agency Moorpark, California Page 7 November 2, 2022 Code to the California Building Standards Commission. The motion carried by unanimous roll call vote. 9. PRESENTATION/ACTION/DISCUSSION: A. Receive Presentation from the Ventura County Wildfire Collaborative about Its Wildfire Education, Preparation, and Response Efforts. Staff Recommendation: Receive Presentation. Mr. Chong introduced Mayra De Leon, Wildfire Liaison, who provided a PowerPoint presentation on raising the County’s resiliency to wildfire. Questions and discussion among the City Council, the speaker, and staff followed focused on: 1) discussion of the Firewise USA program through the National Fire Protection Association and Fire Safe Council’s, and actions that the Wildfire Collaborative are taking regarding these programs; 2) efforts to scale the Ojai Valley Fire Safe Council to other cities in the County; 3) the grant funds for the program were awarded based on the collaborative approach among the various agencies involved; and 4) is the intent of the Ojai Valley Fire Safe Council to engage Southern California Edison given the Public Safety Power Shutoff Program is targeted at reducing wildfires. There were no speakers. CONSENSUS: It was the consensus of the City Council to receive the presentation. B. Consider Moorpark Watershed Parks Recreation and Conservation Authority Trail Connection Feasibility Study. Staff Recommendation: Receive and file report. Mr. Laurentowski gave the staff report and PowerPoint presentation in conjunction with Jon Turner with Phoenix Civil Engineering. Questions and comments among the City Council and staff followed focused on: 1) the cost of the project is high and would be better spent on the Arroyo Simi Trail project or other interconnectivity efforts within the City; 2) would there be any agency partners interested in cost participation; 3) it was clarified that even with partnership interest and cost sharing opportunities, any grant funding would come with a matching requirement; and 4) the current land use and zoning of the 80-acre parcel, which is outside of the City boundary, limits the potential uses and potential uses will be provided to the Council. There were no speakers. CONSENSUS: It was the consensus of the City Council to receive and file report. 41 Minutes of the City Council/Successor Agency Moorpark, California Page 8 November 2, 2022 C. Consider Request from NLA 118, LLC (Warehouse Discount Center) to Refund $25,000 for Installation of a City Entry Sign as required by the Development Agreement, and Consider Adoption of a Resolution. Staff Recommendation: Discuss and provide direction on the request of Tom Schlender to refund $25,000 for installation of a City Welcome Sign and consider adoption of a Resolution. (ROLL CALL VOTE REQUIRED) Mr. Brown gave the staff report. Tom Schlender, Warehouse Discount Center, spoke stating that in 2005, $25,000 was deposited for the sign and the City had 17 years to build the monument sign which was not constructed. Subsequently the cell tower was constructed, and the Welcome Sign was placed on the tower. He expressed the opinion he has paid for two signs and believes the $25,000 should be refunded. Questions and discussion among the Councilmembers and staff followed which focused on: 1) in response to whether the funds were for a sign at the project site or for a sign in any location, Section 6.10 of the Development Agreement was reviewed which provides for the City’s discretion on the use of the funds; 2) from a policy perspective, would a refund set a precedent for other agreements and allow another applicant to return and request a refund; it was noted while it may set a precedent, it does not mandate that the Council to take any action on a future request; 3) confirmation that the City was reimbursed for its costs for the review of the cell tower application; and 4) it is possible to put a sign in now by finalizing the easement. There were no additional speakers. CONSENSUS: It was the direction of the City Council for staff to finalize the easement and install a City Welcome Sign on the project site per the Development Agreement, or return the funds if sign installation is infeasible. 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Councilmember Pollock moved and Councilmember Groff seconded a motion to approve the Consent Calendar with the exception of Item 10.F. which was pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Warrant Register for Fiscal Year 2022/23 – November 2, 2022. Staff Recommendation: Approve the warrant register. B. Consider Minutes of City Council/Successor Agency Regular Meeting of September 21, 2022. Staff Recommendation: Approve the minutes C. Consider Minutes of City Council/Successor Agency Regular Meeting of October 5, 2022.Staff Recommendation: Approve the minutes. 42 Minutes of the City Council/Successor Agency Moorpark, California Page 9 November 2, 2022 D. Consider Minutes of City Council/Successor Agency Regular Meeting of October 19, 2022. Staff Recommendation: Approve the minutes. E. Consider Resolution Amending the Classification Plan for Non-Competitive and Competitive Service Employees Revising the Job Description for Public Works Manager and Rescinding Resolution No. 2022-4114. Staff Recommendation: Adopt Resolution No. 2022-4143 amending the Classification Plan and rescinding Resolution No. 2022-4114. (ROLL CALL VOTE REQUIRED) AT THIS POINT in the meeting, Councilmember Pollock announced his recusal from participation in Consent Calendar Item 10.F. out of an abundance of caution because while he is not on the Moorpark Morning Rotary Board, members organize and volunteer for the event. AT THIS POINT in the meeting, Councilmember Groff announced his recusal from participation in Consent Calendar Item 10.F. as he is the founder of the event, and past President and current member of the Moorpark Morning Rotary. The following item was pulled for individual consideration: F. Consider Co-Sponsoring the Rotary Club of Moorpark Morning’s Holiday on High Street Event. Staff Recommendation: Approve the Cooperative Services Agreement to co-sponsor Holiday on High Street and authorize the City Manager to sign the agreement subject to final language approval of the City Manager. MOTION: Mayor Parvin moved and Councilmember Castro seconded a motion to approve Consent Calendar Item 10.F. The motion carried by a voice vote of 3-0, Councilmembers Groff and Pollock recused. AT THIS POINT in the meeting Councilmember Groff announced he would recuse himself because this item involves property within 500 feet of property that he owns on High Street and left the dais. The time was 8:38 p.m. AT THIS POINT in the meeting Councilmember Enegren announced he would recuse himself because it involves the High Street Depot Project and although he has no financial interest in the project at the present time, he has had discussions with the developer about design and possible future uses which he could possibly be involved, for that reason and out of the abundance of caution he is recusing himself from the item and left the dais. The time was 8:38 p.m. 43 Minutes of the City Council/Successor Agency Moorpark, California Page 10 November 2, 2022 11. ORDINANCES: A. Consider Ordinance No. 507 Adopting the First Amendment to Development Agreement No. 2018-01 Between the City of Moorpark and Daly Group, Inc and Making Findings Under the California Environmental Quality Act in Connection Therewith. Staff Recommendation: Waive full reading, declare Ordinance No. 507 read for the second time, and adopted as read. (ROLL CALL VOTE REQUIRED) Mr. Ennis read the title of Ordinance No. 507. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2018-01 BETWEEN THE CITY OF MOORPARK AND DALY GROUP, INC. AND MAKING FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH. MOTION: Mayor Parvin moved and Councilmember Castro seconded a motion to waive full reading, declare Ordinance No. 507 read for the second time, and adopted as read. The motion carried by roll call vote 3-0, Councilmembers Enegren and Groff recused. AT THIS POINT in the meeting, Councilmembers Enegren and Groff returned to the dais. The time was 8:40 p.m. B. Consider Ordinance No. 509 Approving the Second Amendment to Development Agreement No. 2012-03 Between the City of Moorpark and Essex Moorpark Owner, L.P., and an Amended and Restated Affordable Housing Agreement, and Making a Determination of Exemption Pursuant to the California Environmental Quality Act in Connection Therewith . Staff Recommendation: Waive full reading, declare Ordinance No. 509 read for the second time, and adopted as read. (ROLL CALL VOTE REQUIRED) Mr. Ennis read the title of Ordinance No. 509. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2012-03 BETWEEN THE CITY OF MOORPARK AND ESSEX MOORPARK OWNER, L.P., AND AN AMENDED AND RESTATED AFFORDABLE HOUSING AGREEMENT, AND MAKING A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH. 44 Minutes of the City Council/Successor Agency Moorpark, California Page 11 November 2, 2022 MOTION: Mayor Parvin moved and Councilmember Pollock seconded a motion to waive full reading, declare Ordinance No. 509 read for the second time, and adopted as read. The motion carried by a unanimous roll call vote. 12. CLOSED SESSION: Mr. Brown requested the City Council go into closed session for discussion of Item 12.A. on the agenda. The time was 8:41 p.m. A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Property: 513-0-024-105 & 513-0-024-135 (Princeton Avenue) Agency Negotiator: Troy Brown, City Manager; and Brian Moncrief and Larry Kosmont, Kosmont Companies Negotiating Parties: California Land Investments, LLC Under Negotiation: Price and terms of payment Present in closed session were Councilmembers Castro, Enegren, Groff, Pollock, and Mayor Parvin; Troy Brown, City Manager; Kevin Ennis, City Attorney; Jessica Sandifer, Community Services Manager; and Brian Moncrief, Kosmont Companies. The Council reconvened into open session at 9:00 p.m. Mr. Brown stated Item 12.A. was discussed and there was no action to report. 13. ADJOURNMENT: Mayor Parvin adjourned the meeting at 9:00 p.m. Janice S. Parvin, Mayor ATTEST: Ky Spangler, City Clerk 45