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HomeMy WebLinkAboutAGENDA REPORT 2023 0201 CCSA REG ITEM 10CCITY OF MOORPARK, CALIFORNIA City Council Meeting of February 1, 2023 ACTION APPROVED STAFF RECOMMENDATION. BY A. Hurtado. C. Consider Minutes of City Council/Successor Agency Regular Meeting of January 4, 2023. Staff Recommendation: Approve the minutes. (Staff: Ky Spangler, City Clerk) Item: 10.C. ITEM: 10.C. 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 Sheriff's 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. 188 Minutes of the City Council/Successor Agency Moorpark, California Page 2 January 4, 2023 5. PUBLIC COMMENT: None. 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 Gabbert 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 189 Minutes of the City Council/Successor Agency Moorpark, California Page 3 January 4, 2023 agenda for January 18, 2023, for purposes of providing second reading and adoption of the ordinance. (ROLL CALL VOTE REQUIRED) 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. 190 Minutes of the City Council/Successor Agency Moorpark, California Page 4 January 4, 2023 Mayor Enegren closed the public hearing at 7:19 p.m. 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 Gabbert 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.” 191 Minutes of the City Council/Successor Agency Moorpark, California Page 5 January 4, 2023 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. 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 192 Minutes of the City Council/Successor Agency Moorpark, California Page 6 January 4, 2023 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 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. 193 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 ATTEST: Ky Spangler, City Clerk 194