HomeMy WebLinkAboutMIN 2013 1016 CC SA REG MINUTES OF THE MEETINGS OF THE MOORPARK CITY COUNCIL AND
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK ("SUCCESSOR AGENCY")
Moorpark, California October 16, 2013
A Regular Meeting of the City Council of the City of Moorpark and the Successor
Agency was held on October 16, 2013, 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 7:27 p.m.
2. PLEDGE OF ALLEGIANCE:
Pete Duncan, of American Legion Moorpark Post 502, led the Pledge of
Allegiance.
3. ROLL CALL:
Present: Councilmembers Mikos, Pollock, Van Dam, and Mayor
Parvin.
Absent: Councilmember Millhouse
Staff Present: Steven Kueny, City Manager; Kevin Ennis, City Attorney;
Hugh Riley, Assistant City Manager; Deborah Traffenstedt,
Deputy City Manager; Ron Ahlers, Finance Director; David
Bobardt, Community Development Director; Dave Klotzle,
City Engineer/Public Works Director; Jeremy Laurentowski,
Parks and Recreation Director; David Moe, Redevelopment
Manager; Joseph Fiss, Principal Planner; Joe Vacca,
Principal Planner; Captain Wade, Sheriff's Department; and
Maureen Benson, City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Proclamation Recognizing October 23-31 as Red Ribbon Week.
Mayor Parvin presented a Proclamation recognizing October 23-31 as
Red Ribbon Week to Captain Wade.
B. Certificate of Recognition to American Legion Moorpark Post 502 for One
Year of Volunteer Service as Facilitators of the Moorpark Active Adult
Center Bingo Program.
Minutes of the City Council/Successor Agency
Moorpark, California
Page 2 October 16, 2013
Mayor Parvin presented members of American Legion Moorpark Post 502
with a Certificate of Recognition for the Legion's one-year of service as
facilitators of the Moorpark Active Adult Center Bingo Program.
5. PUBLIC COMMENT:
None.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
CONSENSUS: It was the consensus of the Council to hear Item 9.A. prior to Public
Hearings on the agenda.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
Councilmember Van Dam announced the Moorpark High School Music Program
will be performing "Spooktacular" on October 24 and 25 at the Performing Arts
Center.
Councilmember Mikos thanked attendees of the Country Days parade, which
took place on a very windy October 5.
Councilmember Pollock reported the Morning Rotary Club held their 4th Annual
Beer Festival benefiting local charities in its new location at Moorpark College,
where there were over 3,000 attendees.
Mayor Parvin announced Trick or Treat Village will take place at Arroyo Vista
Recreation Center on October 31.
Mayor Parvin invited everyone to participate in the Flory School 'Walk through
Moorpark" on October 19 as part of their PETS scholarship program.
Mayor Parvin reported she had attended the 40th Anniversary of Interface Family
Services where Mary Schwabauer was honored for her service to the community.
AT THIS POINT in the meeting, Item 9.A. was heard.
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Public Workshop Related to Appeal to Ventura County Board of
Supervisors of Ventura Planning Commission Certification of Final,
Environmental Impact Report (EIR) for Grimes Rock, Incorporated Mining
Facility, and Approval of a Modified Conditional Use Permit No. 4874-2
and Amended Reclamation Plan, Located at 3500 Grimes Canyon Road.
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Moorpark, California
Page 3 October 16, 2013
Staff Recommendation: Hold public workshop, receive public comment,
and direct staff as deemed appropriate.
Mr. Vacca gave the staff report.
Dale Whitaker, a Moorpark resident, spoke in support of the Modified
Conditional Use Permit (CUP) for Grimes Rock and requested the City
Council reconsider their opposition to this proposal.
Adam Haverstock, a Moorpark resident, spoke in support of the City
Council's and staff's leadership in appealing the County Planning
Commission's decision since these roadways cannot accommodate
increased traffic. He went on to state the extension of State Route 23 is
the solution.
Gary Becker, a Moorpark resident, spoke in support of the Modified CUP
for Grimes Rock and stated it is a waste of tax dollars to appeal the
expansion of this mine and it is unjust to restrict truck traffic on two state
highways.
Heidi Best, a Moorpark resident, stated money spent to appeal the County
Planning Commission's approval is justified to determine if the
Environmental Impact Report (EIR) reflects what will impact Moorpark;
and hopes for a continued restriction on the number of truck trips that can
travel south into Moorpark.
In response to Mayor Parvin, Mr. Vacca stated the current approved
original CUP for Grimes Rock limited the number of truck trips traveling
southward to 64 trips and required the use of Grimes Canyon Road to
State Route 118. The proposed Modified CUP will eliminate these
stipulations and will not restrict the number of truck trips going south along
Walnut Canyon Road.
Ralph Mauriello, a Moorpark resident, stated the existing truck traffic on
Los Angeles Avenue is already curtailing business as potential shoppers
avoid the area due to the number of trucks.
Mayor Parvin requested staff respond to Greg Gillis-Smith, a Moorpark
resident. Mr. Vacca stated 1) The 1998 EIR for the Grimes Rock mining
approval did not consider traffic impacts to the Walnut Canyon Elementary
School, as it did not exist in 1998; however, it did limit peak hour truck
trips; and 2) It is questionable whether the current EIR limits peak hour
truck traffic, but this may be in the mitigation.
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Moorpark, California
Page 4 October 16, 2013
Doreen Bennett, a Moorpark Country Club Estates resident, spoke in
opposition to the mine expansion and spoke in support of the City
Council's appeal of the Ventura County Planning Commission's approval.
Roseann Stevenson, a Moorpark resident, President of Country Club
Estates Homeowners Association, and a business lawyer in environmental
and safety issues for heavy industry and property developers, thanked the
City for holding this workshop and for working on this appeal. She stated
the California Environmental Quality Act (CEQA) provides for analysis of a
project before approval, but the County, even with the acknowledgement
of significant negative impacts without mitigation, has approved the Final
El R.
In response to Mayor Parvin, Ms. Benson summarized one Written
Statement card from Michael Greywitt, a Moorpark resident who asked for
more investigation of mining operations and provided a handout on the
Kayenta Mine in Arizona, which uses conveyors to transport extractions to
train cars for delivery over 80 miles away.
CONSENSUS: It was the consensus of the Council to hear from late speakers.
Darla Costa, a Moorpark resident, stated there are blind exits onto Grimes
Canyon Road from her residential development off of Turfway Road; there
are too very narrow bridges on Grimes Canyon Road that do not allow for
a truck and a car to safely pass in opposite directions; and she supports
the Council's decision to appeal the County's decision to allow the
expansion of the Grimes Rock mine without regard to the increase in truck
traffic through Moorpark.
Councilmember Mikos encouraged the public to make their concerns
heard by attending the Ventura County Board of Supervisors October 22
Appeal hearing.
AT THIS POINT in the meeting a recess was declared. The time was 8:22 p.m. The
meeting reconvened at 8:32 p.m. with Councilmembers Mikos, Pollock, Van Dam, and
Mayor Parvin present.
8. PUBLIC HEARINGS:
A. Consider Resolution Authorizing the Acceptance of a General Plan
Amendment Application for Review Consistent with General Plan
Amendment Pre-Screening No. 2010-01 to Change the Land Use
Designation on 67.96 Acres West of Gabbed Road and North of the North
Hills Parkway/North Hills Industrial Park from Rural Low Density
Residential to Rural Low Density Residential, High Density Residential,
and Open Space on the Application of James Rasmussen,for Moorpark
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Moorpark, California
Page 5 October 16, 2013
Property 67 LLC and Making a Determination that This is Not a Project
Approval Subject to CEQA. Staff Recommendation: 1) Open the public
hearing, accept public testimony, and close the public hearing; and 2)
Adopt Resolution No. 2013- , authorizing the acceptance of a General
Plan Amendment application for review.
Mr. Fiss gave the staff report.
Mayor Parvin opened the public hearing.
James Rasmussen, applicant representing Moorpark Property 67, LLC,
described the history of proposed development for this site.
Cindy Hollister, a Moorpark resident of Gabbert Road, stated the public
had not been notified of the Community, Economic Development
Committee (CEDC) meetings held on April 12 and April 17 where this
proposal was discussed. She spoke in opposition to the change in land
use.
Jayla Haxton, a Moorpark resident of Gabbert Road, spoke in opposition
to the proposal, as the change would not be compatible with the existing
rural environment and the existing zoning should be maintained so her life
style and property rights are not threatened. Ms. Haxton stated she had
not been notified of the CEDC meetings regarding this proposal.
Michelle Barry, a Moorpark resident of Gabbert Road, spoke in opposition
to the proposal as she is suspicious about projects for this area including
AB Properties' one-acre lots.
Jeshi Yon, a Moorpark resident of Gabbert Road, spoke in opposition to
the proposal stating she does understand the need for development, but
questions the change to high density zoning, which would compromise the
safety of nearby animal keeping by introducing too many people.
Jennifer Diamond, a Moorpark resident of Gabbert Road, spoke in
opposition to the proposal, and requested the Council preserve the unique
nature of this area with a minimum of 5-acre parcels.
Sharon Noel, a Moorpark resident of Gabbert Road, spoke in opposition to
the proposal in order to maintain her life style in a rural neighborhood.
In response to Mayor Parvin, Ms. Benson summarized: 1) Two Written
Statement cards in favor of the proposal citing a need for small lots with
detached homes to support a younger generation; and a need for
affordable housing; and 2) Four Written Statement cards in opposition to
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Moorpark, California
Page 6 October 16, 2013
the proposal citing the need for retention of the rural atmosphere and
conflicts with the existing long range plans for this area.
Mr. Rasmussen addressed the speakers' concerns and stated: 1) The
lower portion of the proposed project exits onto the new North Hills
Parkway to Gabbert Road; 2) Only the proposed 5-acre lots would need to
travel along Gabbert Road; 3) The gate would only be opened in the case
of a fire or other emergency evacuation need; and 4) Only two existing
residences would overlook the project.
Mayor Parvin closed the public hearing.
A discussion followed among the Councilmembers and staff which
focused on: 1) An EIR would follow an approval of this proposal, followed
by a Planning Commission public hearing, and then a City Council public
hearing; 2) An explanation of the variety of zoning designations on the
site; 3) The need for 3-D exhibits to portray the differing line of site views;
4) There is not an urgent need for affordable housing at this time, as State
mandates for the latest housing element have been met; therefore there is
not an urgent need affordable housing at this time; and 5) Regrets that the
public was not notified of the CEDC meetings.
MOTION: Councilmember Van Dam moved and Mayor Parvin seconded a
motion to return this item back to the Community Economic and Development
Committee for further consideration. The motion carried by voice vote 4-0,
Councilmember Millhouse absent.
B. Consider Resolution Declaring the Private Roads within Tract 5860
Subiect to the Provisions of the California Vehicle Code. Staff
Recommendation: 1) Open the public hearing, accept public testimony,
and close the public hearing; and 2) Adopt Resolution No. 2013-3231 .
Mr. Klotz le gave the staff report.
Mayor Parvin opened the public hearing.
There were no speakers.
Mayor Parvin closed the public hearing.
MOTION: Councilmember Van Dam moved and Councilmember Pollock
seconded a motion to adopt Resolution No. 2013-3231, declaring the private
roads within Tract 5860 subject to the provisions of the California Vehicle Code.
The motion carried by voice vote 4-0, Councilmember Millhouse absent.
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Moorpark, California
Page 7 October 16, 2013
C. Consider Ordinance Approving Zoning Ordinance Amendment No. 2013-
05, to Amend Section E (Public and Semi-Public Uses) of Table 17.20.060
of Section 17.20.060 (Permitted Uses in Commercial and Industrial
Zones), of Chapter 17.20 (Uses by Zone), of Title 17 (Zoning), of the
Moorpark Municipal Code Related to Health Clubs, Gymnasiums, Fitness
Centers, and Fitness Studios, and Making a Determination of Exemption
under CEQA in Connection Therewith. Staff Recommendation: 1) Open
the public hearing, accept public testimony, and close the public hearing;
and 2) Introduce Ordinance No. 424, approving Zoning Ordinance
Amendment No. 2013-05, for first reading, waive full reading, and place
this ordinance on the agenda for November 6, 2013 for purposes of
providing second reading and adoption of the ordinance. (Staff: David
Bobardt)
Mr. Fiss gave the staff report.
Mayor Parvin opened the public hearing.
Rodney Rivani, of Baldwin Park Plaza, LLC, owners of the LA Spring
Shopping Center, spoke in support of this change to the Municipal Code.
Mayor Parvin closed the public hearing.
Mr. Ennis read the title of Ordinance No. 424.
MOTION: Mayor Parvin moved and Councilmember Van Dam seconded a
motion to waive full reading, declare Ordinance No. 424 read for the first time,
and place this ordinance on the agenda for November 6, 2013 for purposes of
providing second reading and adoption of the ordinance. The motion carried by
voice vote 4-0, Councilmember Millhouse absent.
D. Consider Ordinance Approving Zoning Ordinance Amendment No. 2013-
06 to Amend Part C of Section 17.32.050 (Parking Space Standards and
Striping), of Chapter 17.32 (Off-Street Parking Requirements), of Title 17
(Zoning), of the Moorpark Municipal Code, Related to Tandem Parking,
and Recommending that the City Council Make a Determination of
Exemption under CEQA Therewith on the Application of City Ventures,
LLC. Staff Recommendation: 1) Open the public hearing, accept public
testimony, and close the public hearing; and 2) Introduce Ordinance No.
425, approving Zoning Ordinance Amendment No. 2013-06, for first
reading, waive full reading, and place this ordinance on the agenda for
November 6, 2013 for purposes of providing second reading and adoption
of the ordinance.
Mr. Vacca gave the staff report.
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Moorpark, California
Page 8 October 16, 2013
Mayor Parvin opened the public hearing.
There were no speakers.
Mayor Parvin closed the public hearing.
Mr. Ennis read the title of Ordinance No. 425
MOTION: Councilmember Pollock moved and Councilmember Van Dam
seconded a motion to waive full reading, declare Ordinance No. 425 read for the
first time, and place this ordinance on the agenda for November 6, 2013 for
purposes of providing second reading and adoption of the ordinance. The
motion carried by voice vote 4-0, Councilmember Millhouse absent.
E. Consider Ordinance Approving Amendment No. 1 to the Development
Agreement by and between the City of Moorpark and Shea Homes,
Limited Partnership, for Vesting Tentative Tract Map No. 5425 to Adjust
the Affordable Housing Requirement and Finding the Previously Adopted,
Mitigated Negative Declaration Applicable. Staff Recommendation: 1)
Open the public hearing, accept public testimony, and close the public
hearing; and 2) Introduce Ordinance No. 416, approving Amendment No.
1 to the Development Agreement between the City of Moorpark and Shea
Homes, Limited Partnership, for first reading, waive full reading, and place
this ordinance on the agenda for November 6, 2013 for purposes of
providing second reading and adoption of the ordinance.
Mr. Moe gave the staff report.
Mayor Parvin opened the public hearing.
There were no speakers.
Mayor Parvin closed the public hearing.
MOTION: Councilmember Mikos moved and Councilmember Pollock seconded
a motion to waive full reading, declare Ordinance No. 426 read for the first time,
and place this ordinance on the agenda for November 6, 2013 for purposes of
providing second reading and adoption of the ordinance. The motion carried by
voice vote 4-0, Councilmember Millhouse absent.
9. PRESENTATION/ACTION/DISCUSSION:
B. Consider Recommended Survey Approach for the City of Moorpark Voter
Opinion Survey and Nominate and Appoint Two (2) City Councilmembers
to Participate on the Ad-Hoc Committee for the Voter Opinion Survey.
(continued from October 2, 2013) Staff Recommendation: 1) Approve the
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Moorpark, California
Page 9 October 16, 2013
recommended survey approach; and 2) Nominate and appoint two (2) City
Councilmembers to participate on the ad-hoc committee for the Voter
Opinion Survey. Note this item is also scheduled to be discussed at a
Special Meeting at 6:15 p.m. on October 16, 2013.
Mr. Riley gave the staff report.
Timothy McLarney, Ph.D., President of True North Research, stated he
had reviewed the previous meeting's comments and went on to provide an
overview of the approach True North Research took in the best interests
of Moorpark, which indicated an increase in sales tax would raise more
money as opposed to Proposition 218 measures whose funding is not
flexible
Councilmembers Van Dam and Millhouse were selected to be on the
Voter Opinion Survey Ad Hoc Committee with Mayor Parvin to serve as an
alternate.
MOTION: Councilmember Mikos moved and Councilmember Van Dam
seconded a motion to appoint Councilmembers Van Dam and Millhouse to serve
on the Voter Opinion Survey Ad Hoc Committee with Mayor Parvin to serve as
an alternate member. The motion carried by voice vote 4-0, Councilmember
Millhouse absent.
C. Consider Ordinance Amendins Title 15 of the Moor mark Munici sal Code
by Replacing in Their Entirety Chapters 15.04, 15.08, 15.10, 15.12, 15.14,
15.16, 15.18, 15.20, and 15.22 as Well as Adopting by Reference and
Amending the Current Editions of Certain Model Codes and Determination
of Exemption under CEQA in Connection Therewith. Staff
Recommendation: Introduce Ordinance No. 427, amending Title 15 of the
Moorpark Municipal Code, for first reading; waive full reading, and direct
staff to schedule a public hearing and second reading and adoption of this
ordinance for November 6, 2013.
Mr. Bobardt gave the staff report.
There were no speakers.
Mr. Ennis read the title of Ordinance No. 427.
MOTION: Mayor Parvin moved and Councilmember Van Dam seconded a
motion to waive full reading, declare Ordinance No. 427 read for the first time,
and place this ordinance on the agenda for November 6, 2013 for purposes of
providing second reading and adoption of the ordinance. The motion carried by
voice vote 4-0, Councilmember Millhouse absent.
Minutes of the City Council/Successor Agency
Moorpark, California
Page 10 October 16, 2013
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Van Dam moved and Councilmember Pollock seconded a
motion to approve the Consent Calendar. The motion carried by roll call vote 4-0,
Councilmember Mil!house absent.
A. Consider Minutes of Adjourned Regular City Council/Successor Agency,
Meeting of September 11, 2013. Staff Recommendation: Approve the
minutes.
B. Consider Minutes of Special City Council Meeting of September 11, 2013.
Staff Recommendation: Approve the minutes.
C. Consider Minutes of Regular City Council/Successor Agency Meeting of
October 2, 2013. Staff Recommendation: Approve the minutes.
D. Consider Warrant Register for Fiscal Year 2013/14 — October 16, 2013.
Staff Recommendation: Approve the warrant register.
E. Consider Report of Annual Development Agreement (DA 2003-01)
Review, Established in Connection with Canterbury Lane (Tract No.
5425), Located on the South Side of Los Angeles Avenue, East of
Fremont Street, on the Application of Shea Homes. Staff
Recommendation: 1) Accept the Community Development Director's
Report and recommendation, on the basis of substantial evidence, that
Shea Homes, Limited Partnership has complied in good faith with the
terms and conditions of the Agreement; and 2) Deem the annual review
process complete.
F. Consider Agreement with Willdan Engineering Inc. for Engineering Plan
Check and Development Inspection Services. Staff Recommendation:
Authorize the City Manager to execute an agreement with Willdan
Engineering, Inc. for engineering plan check and development inspection
services, subject to final language approval by the City Manager and City
Attorney.
G. Consider Resolution of Intent Initiating Proceedings to Annex Shea
Homes Tentative Tract 5425 to Landscaping and Lighting Maintenance
Assessment District 06-01. Staff Recommendation: 1) Accept and
approve the Petition and Waiver from Shea Homes requesting the
annexation to Assessment District AD 06-01; and 2) Adopt Resolution No.
2013-3232 initiating the proceedings required for the annexation to
Assessment district AD 06-01 .
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Moorpark, California
Page 11 October 16, 2013
H. Consider Award of Agreement to Taft Electric for Replacement and
Retrofit of the Security Lights at Poindexter Park, Campus Park, and the
Moorpark Police Services Center (Project 7801, 7805, 2005) and
Resolution Amending the Budget for Fiscal Year 2013/14. Staff
Recommendation: 1) Award the Agreement to the lowest bidder, Taft
Electric in the amount of $241,770.00 and authorize the City Manager to
execute the Agreement and approve a 15% contingency, subject to final
language approval by the City Manager and the City Attorney; and 2)
Adopt Resolution No. 2013-3233. ROLL CALL VOTE REQUIRED
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
A. Consider Second Reading of Ordinance No. 419 Approving Zoning
Amendment No. 2013-04: An Amendment to Section A (Retail and
Service Uses) of Table 17.020.060 of Section 17.20.060 (Permitted Uses
in Commercial and Industrial Zones) of Title 17 (Zoning) of the Moorpark
Municipal Code to Allow Retail Uses in the M-1 Zone with a Conditional
Use Permit when Immediately Adjacent to a Freeway Interchange, on the
Application of Manny Asadurian, Jr. (continued from October 2, 2013)
Staff Recommendation: Take second reading of Ordinance No. 419 off
calendar to allow for further review by staff and recommendation of the
Planning Commission
Mr. Bobardt stated staff recommends taking the second reading of
Ordinance No. 419 off calendar to allow for further review.
MOTION: Mayor Parvin moved and Councilmember Mikos seconded a motion to
take the second reading of Ordinance No. 419 off calendar. The motion carried
by voice 4-0, Councilmember Millhouse absent.
B. Consider Ordinance No. 423 Amending Section 8.14.140 (Prohibition
Against Maintaining Graffiti on Private Property), of Chapter 8.14 (Graffiti),
of Title 8 (Health and Safety), of the Moorpark Municipal Code and Making
a Determination of Exemption Under CEQA in Connection Therewith.
Staff Recommendation: Waive full reading, declare Ordinance No. 423
read for the second time, and adopted as read. ROLL CALL VOTE
REQUIRED
Mayor Parvin read the title of Ordinance No. 423.
MOTION: Mayor Parvin moved and Councilmember Van Dam seconded a
motion to waive full reading and declare Ordinance No. 423 read for the second
time and adopted as read. The motion carried by roll call vote 4-0,
Councilmember Millhouse absent.
Minutes of the City Council/Successor Agency
Moorpark, California
Page 12 October 16, 2013
12. CLOSED SESSION:
None was held.
13. ADJOURNMENT:
MOTION: Councilmember Van Dam moved and Councilmember Pollock seconded a
motion to adjourn. The motion carried by voice vote 4-0, Councilmember Milihouse
absent. The time was 10:28 p.m.
. / •
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Jani e S. Parvin, Mayor
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