HomeMy WebLinkAboutMIN 2023 0104 CC SA REG MINUTES OF THE CITY COUNCIL AND
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK
Moorpark, California January 4, 2023
A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency
was held on Wednesday, January 4, 2023, 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 Enegren called the meeting to order at 6:31 p.m.
2. PLEDGE OF ALLEGIANCE:
Ventura County Sheriff Jim Fryhoff led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Castro, Delgado, Groff, Means, and Mayor
Enegren.
Staff Present: Troy Brown, City Manager; Kevin Ennis, City Attorney (via
Zoom); PJ Gagajena, Assistant City Manager; 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;
Doug Spondello, Deputy Community Development Director;
Chris Thompson, Senior Information Systems Administrator;
Captain Darin Hendren, Ventura County Sheriffs Office; and
Ky Spangler, City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Introduction of Moorpark's New Police Chief, Captain Darin Hendren by
Ventura County Sheriff Jim Fryhoff.
Ventura County Sheriff Jim Fryhoff introduced Captain Darin Hendren as
Moorpark's New Police Chief.
B. Proclamation Recognizing January as National Blood Donor Month.
Mayor Enegren presented Tony Briggs, Regional Chief Executive Officer
with the American Red Cross Central California Region, with a Proclamation
recognizing January as National Blood Donor Month.
5. PUBLIC COMMENT:
None.
Minutes of the City Council/Successor Agency
Moorpark, California
Page 2 January 4, 2023
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
CONSENSUS: It was the consensus of the Council to pull Item 10.C. from the Consent
Calendar for individual consideration upon the request of Councilmember Groff.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
Councilmember Delgado reported she attended a Chamber of Commerce meeting
on November 18, 2023, where the Rasmussen's sponsored a breakfast and
provided a fifteen minute broad overview of the project to all in attendance.
Mayor Enegren announced registration is now open for Winter recreation classes.
A variety of classes are available including art, dance, tennis, pickleball, golf,
music, sports, science and many more. For additional details visit
www.moorparkca.gov/recreation.
8. PUBLIC HEARINGS:
A. Consider Resolution Adopting a Mitigated Negative Declaration Pursuant to
the California Environmental Quality Act, and Approving General Plan
Amendment No. 2016-02, Vesting Tentative Tract Map for Tract No. 5847
(2016-02), and Residential Planned Development No. 2016-02 for the
Subdivision and Development of 134 Single-Family Residential Units, and
Five Future Single-Family Homes on Estate Lots, Including Private Roads,
Community Parks, Open Space, Trails, and Associated On- and Off-Site
Improvements on Approximately 68 Acres of Property, Located at 5979
Gabbed Road, and Including a General Plan Amendment Land Use
Designation Change from Rural Low Density Residential to Medium Density
Residential, and Open Space (OS), and Consider an Ordinance Approving
Development Agreement No. 2016-02 and Zone Change No. 2016-02, from
Agriculture Exclusive to Rural Exclusive 5-Acre, Residential Planned
Development, and Open Space, on the Application of James and Makenzie
Rasmussen on behalf of Moorpark Property 67, LLC. Planning Commission
Recommendation: 1) Open the public hearing, receive public testimony,
and close the public hearing; and 2) Adopt Resolution No. 2023-4152:
a) adopting the Mitigated Negative Declaration and associated Mitigation
Monitoring and Reporting Program; and b) approving General Plan
Amendment No. 2016-02, Vesting Tentative Tract Map for Tract No. 5847
(2016-02), and Residential Planned Development No. 2016-02, subject to
certain findings and conditions; and 3) Introduce Ordinance No. 510
approving Zone Change No. 2016-02 and Development Agreement No.
2016-02 for first reading, waive full reading, and place this ordinance on the
agenda for January 18, 2023, for purposes of providing second reading and
adoption of the ordinance. (ROLL CALL VOTE REQUIRED)
Minutes of the City Council/Successor Agency
Moorpark, California
Page 3 January 4, 2023
Mayor Enegren inquired with Councilmembers regarding ex parte
communications between the Council and the applicant.
Councilmember Delgado reported an ex parte meeting on December 19,
2022, with the applicant at the project site to receive an overview of the
proposed development project. She noted that in neither this meeting nor
at the Chamber meeting, did she state her support or opposition of the
project.
Councilmember Groff reported an ex parte meeting in late October with the
applicant at Councilmember Groff's office. He noted it was a brief meeting
to receive an overview of the proposed development project and he did not
express support or opposition to the project.
Councilmember Means reported an ex parte meeting on November 22,
2022, with the applicant to review the project at City Hall with City Manager
Brown. During the meeting he did not express his support or opposition of
the project and noted he visited the property alone on November 26.
Mayor Enegren reported an ex parte meeting on October 28, 2022, with the
applicant at the project site and also attended the Chamber of Commerce
meeting noted by Councilmember Delgado. Mayor Enegren noted he did
not express support or opposition to the project at either meeting.
Mr. Spondello gave the staff report.
Mayor Enegren opened the public hearing at 6:59 p.m.
James Rasmussen, West Pointe Homes, applicant, provided opening
comments. Mark Beisswanger with West Pointe Homes, and project
architect Alan Walker provided the applicant's presentation. Mr. Thomas
Shuck, developer counsel, submitted a speaker card but indicated he was
available for questions.
Sharon Noel, Moorpark resident, spoke in opposition to the project
expressing concern about the Development Agreement and potential future
subdivision of the five acre lots, and inconsistency between the density
designations in the existing General Plan and proposed General Plan
Update for this site.
Mark Richardson, local businessman, spoke in support of the project.
Ms. Spangler reported, in addition to public comments provided in the
Supplemental Report distributed to the Council prior to the meeting, two
written statement cards in support of the project were received from David
Dreben and Linda Beisswanger.
Mayor Enegren closed the public hearing at 7:19 p.m.
Minutes of the City Council/Successor Agency
Moorpark, California
Page 4 January 4, 2023
Discussion and question among the City Council and staff followed focusing
on: 1) staff confirmed the width of the emergency access road is 24 feet;
2) clarification on how water availability is determined for the project and
what jurisdiction the City has was provided, noting it was studied as part of
the environmental review, and the applicant is conditioned to obtain a will
serve letter from the County water purveyor; 3) it was noted that the project
is consistent with the General Plan Circulation Plan for equestrian
connectivity although there may be a gap to providing access to potential
future development to the north; 4) Larry Williams with Ventura County Fire
Department confirmed the project is in compliance with primary and
secondary access and provides additional egress options for existing
Gabbed Road residents; 5) confirmation that fire access and requirements
would need to be studied should the five acre lots be proposed for future
subdivision; 6) clarification from Ventura County Fire was provided on the
factors that have changed in how fires are fought including assessing and
increasing community wildfire preparedness, evacuation routes and plans,
construction standards, new defensible space requirements, Fire Wise
Community designations, projects in high fire zones must meet the State
minimum fire safe regulations, and operational resources and coordination
with County Office of Emergency Services; 7) discussion of affordable
housing requirements and how the mix of affordable units was developed;
and 8) will there be City funds required to maintain parks and are the private
parks truly private; a Community Facilities District will be formed for future
maintenance including landscape maintenance and the project will provide
additional funding for park and recreational amenity development.
Changes to the affordable housing levels in Development Agreement
Section 6.16(a) (stamped page 165) were discussed, resulting in Council
requesting the one (1) low-income unit and the one (1) extremely low-
income unit to become two (2) very low-income units; and to make
corresponding changes to Exhibit C (stamped page 187) placing Units 45
and 126 in the very low-income category.
CONSENSUS: It was the consensus of the City Council to amend Development
Agreement Section 6.16(a) and Exhibit C to revise the affordable housing mix, and
to add a new project Condition of Approval for multi-use trail connectivity to the
proposed Resolution.
Per the request of Council to provide multi-use trail connectivity to the north
of the project site, an additional condition of approval was proposed as
follows: "Prior to submitting an application for a Final Map, Developer shall
revise the map exhibit to show an easement for a future extension of the
multi-use trail along the westerly tract boundary to the northwest corner of
the tract, subject to the approval of the Community Development Director."
CONSENSUS: It was the consensus of the City Council to add a new condition of
approval for multi-use trail connectivity to the proposed Resolution.
Minutes of the City Council/Successor Agency
Moorpark, California
Page 5 January 4, 2023
MOTION: Mayor Enegren moved, and Councilmember Groff seconded a motion
to adopt Resolution No. 2023-4152, as amended to include an additional Condition
of Approval: a) adopting the Mitigated Negative Declaration and associated
Mitigation Monitoring and Reporting Program; and b) approving General Plan
Amendment No. 2016-02, Vesting Tentative Tract Map for Tract No. 5847 (2016-
02), and Residential Planned Development No. 2016-02, subject to certain findings
and conditions.
Ms. Spangler read the title of Ordinance No. 510
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
APPROVING ZONE CHANGE NO. 2016-02 AND DEVELOPMENT
AGREEMENT NO. 2016-02, ON THE APPLICATION OF JAMES
AND MAKENZIE RASMUSSEN ON BEHALF OF MOORPARK
PROPERTY 67, LLC
MOTION: Mayor Enegren moved, and Councilmember Groff seconded a motion
to introduce Ordinance No. 510 approving Zone Change No. 2016-02 and
Development Agreement No. 2016-02 for first reading, as amended to revise
Section 6.16 and Exhibit C regarding the affordable housing unit mix, waive full
reading, and place this ordinance on the agenda for January 18, 2023, for
purposes of providing second reading and adoption of the ordinance. The motion
carried by unanimous roll call vote.
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Presentation on the General Plan Preview: Orientation, Public
Outreach, and Zoning Code. Staff Recommendation: Receive and file.
Mr. Spondello gave a PowerPoint presentation.
CONSENSUS: It was the consensus of the City Council to receive and file the
presentation.
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Means moved, and Councilmember Delgado seconded a
motion to approve the Consent Calendar with the exception of Item 10.C. which was
pulled for individual consideration. The motion carried by unanimous roll call vote.
A. Consider Warrant Register for Fiscal Year 2022/23 —January 4, 2023. Staff
Recommendation: Approve the warrant register.
B. Consider Award of Bid to Richard S. Hottel dba California Surfacing for
Tennis Court and Basketball Court Resurfacing, and Windscreen
Replacement for a Total Contract Amount of $83,789.00. Staff
Recommendation: Approve Agreement with Richard S. Hottel DBA
California Surfacing for Tennis Court and Basketball Court Resurfacing, and
Windscreen Replacement for a total contract amount of $83,789.00 which
Minutes of the City Council/Successor Agency
Moorpark, California
Page 6 January 4, 2023
includes a 15% contingency of$10,929.00; and authorize the City Manager
to sign the Agreement, subject to final language approval of the City
Manager.
D. Consider Amendments to Agreements with Architerra, Inc. dba Architerra
Design Group and Phoenix Civil Engineering, Inc. for Additional Design
Services for the Inclusive Playground Project (C0063) and Resolution
Amending the Fiscal Year (FY) 2022/23 Budget to Fund $53,690 for the
Additional Services. Staff Recommendation: 1) Approve Amendment No. 1
with Architerra, Inc. dba Architerra Design Group for Additional Design
Services for the Inclusive Playground in the amount of $30,175, and
authorize the City Manager to sign the Amendment, subject to final
language approval of the City Manager; and 2) Approve Amendment No. 2
with Phoenix Civil Engineering, Inc. for Additional Design Services for the
Inclusive Playground in the amount of $23,515, and authorize the City
Manager to sign the Amendment, subject to final language approval of the
City Manager; and 3)Adopt Resolution No. 2023-4153, amending the Fiscal
Year 2022/23 Budget by allocating $53,690 from the Community Wide Park
Fund (2010) to the Inclusive Playground Project (C0063). (ROLL CALL
VOTE REQUIRED)
E. Consider Amendment to Agreement with Cornwall Security Services, Inc.
Increasing Not-to-Exceed Amount by One Thousand Five-hundred Dollars
($1,500) to Recover Additional Fuel Costs and Provide for Additional
Services at Miscellaneous Events. Staff Recommendation: Approve
Amendment No. 2 with Cornwall Security Services, Inc.; and authorize the
City Manager to sign the Agreement, subject to final language approval of
the City Manager.
The following item was pulled for individual consideration:
AT THIS POINT in the meeting, Councilmember Groff announced his recusal from
participation in Consent Calendar Item 10.C. because this Item involves the use of
property within 500 feet of property that he owns on High Street.
C. Consider License Agreement for Ongoing Sunday Farmer's Market at North
Metrolink Parking Lot. Staff Recommendation: Approve License Agreement
with Enriched Farms &Avanti Harvest, Inc., and authorize the City Manager
to sign the Agreement, subject to final language approval of the City
Manager.
MOTION: Mayor Enegren moved, and Councilmember Means seconded a motion to
approve Consent Calendar Item 10.C. The motion carried by voice vote 4-0,
Councilmember Groff recused.
Minutes of the City Council/Successor Agency
Moorpark, California
Page 7 January 4, 2023
11. ORDINANCES:
None.
12. CLOSED SESSION:
Mr. Brown reported the agendized closed session is not required and therefore
staff has no closed session.
13. ADJOURNMENT:
MOTION: Mayor Enegren moved and Councilmember Means seconded a motion to
adjourn. The motion carried unanimous voice vote. The time was 8:25 p.m.
Chris R. Enegren, Mayor
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