HomeMy WebLinkAboutAGENDA REPORT 2011 0119 CC REG ITEM 10B f'ouncit
ITEM 10.13.
ACTION:--
��`^ MINUTES OF THE CITY COUNCIL
Moorpark, California December 15, 2010
A Regular Meeting of the City Council of the City of Moorpark was held on December
15, 2010, in the Council Chambers of said City located at 799 Moorpark Avenue,
Moorpark, California.
1. CALL TO ORDER:
Mayor Parvin called the meeting to order at 7:23 p.m.
2. PLEDGE OF ALLEGIANCE:
California Highway Patrol Captain, Cliff Williams, led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Mikos, Millhouse, Van Dam, and Mayor
Parvin.
Staff Present: Steven Kueny, City Manager; Greg Murphy, Assistant City
Attorney; Attorney; Hugh Riley, Assistant City Manager;
Deborah Traffenstedt, Deputy City Manager; David Bobardt,
Community Development Director; Ron Ahlers, Finance
Director; David Klotzle, Interim City Engineer/Public Works
Director; Joseph Vacca, Principal Planner; Captain Ron
Nelson, Sheriff's Department; and Maureen Benson, City
Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. City Clerk Administers Oath of Office to Councilmember David Pollock.
Ms. Benson administered the oath of office to Councilmember David
Pollock.
B. Comments from Newly Seated Councilmember Pollock.
Councilmember Pollock extended his gratitude to the community for their
support in the election and stated he looks forward to the next four years
of service.
C. Nomination and Selection of Mayor Pro Tempore.
MOTION: Mayor Pro Tempore Mikos moved and Councilmember Van Dam
seconded a motion to nominate Councilmember Millhouse to serve as Mayor Pro
Tempore. The motion carried by unanimous voice vote.
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D. Presentation to Captain Cliff Williams upon the Occasion of His
Retirement from the California Highway Patrol After 29-Years of Service.
Mayor Parvin presented Captain Cliff Williams with the City's engraved
crystal plaque upon the occasion of his retirement from the California
Highway Patrol after 29-years of services.
5. PUBLIC COMMENT:
None.
AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the
Moorpark Redevelopment Agency. The time was 7:31 p.m. The City Council meeting
reconvened at 7:36 p.m.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
Councilmember Pollock stated he had missed the December 1st meeting due to
a professional business obligation that required him to be in San Francisco.
Councilmember Pollock stated he had attended the League of California Cities
meeting at the Ventura County Museum where council members from cities in
Ventura, Santa Barbara and San Luis Obispo counties were in attendance.
Councilmember Pollock stated he had attended the swearing-in ceremony for
Moorpark Unified School Board members Ron LaGuardia and Nathan Sweet.
Councilmember Mikos stated she too had attended the League of Cities event
held at the Ventura County Museum.
Councilmember Mikos announced the January 20th meeting of the Economic
Development Collaborative of Ventura County and the Ventura County Economic
Development Association which will focus on entrepreneurship.
Mayor Parvin announced the Metrolink Holiday Express will arrive in Moorpark
on Sunday, December 19th bringing Santa Claus and Mrs. Clause to Moorpark.
The Moorpark High School Saxophone Quartet and Merry Minstrels will provide
holiday music throughout the evening. Also on site will be the Firefighters' Spark
of Love Toy Drive.
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Mayor Parvin stated she had attended a Moorpark Hanukah Celebration as well
as the December 5th Whistle Stop tour of Metrolink's new coaches.
Mayor Parvin announced on December 10th she attended the Moorpark Boys
and Girls Club 25th Anniversary Recognition Dinner.
Mayor Parvin announced on December 11th she attended the League of
California Cities Channel Counties Division Board meeting in Ventura.
8. PUBLIC HEARINGS:
A. Consider Resolution Denying Appeal No. 2010-01 and Approving
Conditional Use Permit No. 2010-07 (Hakam Barakat, Applicant) to Allow
Sale of Beer and Wine for Off-site Consumption from an Existing Market
at 496 Moorpark Avenue (Moorpark General Store), on the Appeal of
Teresa Cortes. Staff Recommendation: 1) Open the public hearing,
accept public testimony, and close the public hearing; and 2) Adopt
Resolution No. 2010-2984, denying Appeal No. 2010-01 and approving
Conditional Use Permit No. 2010-07.
Mr. Bobardt gave the staff report.
A discussion followed among the Councilmembers and staff concerning:
1) The square footage, number of cabinets, and location of the liquor on
site as compared to other local stores; 2) Compliance with the Police
Department's request for additional camera surveillance; 3) Permit
renewals providing the opportunity to review and condition placement of
liquor in stores, increased lighting and camera requirements for older store
locations that sell liquor; and 4) Alcohol Beverage Control requirements
and local agency determination for alcohol sales permits.
Mayor Parvin opened the public hearing.
Hakam Barakat, applicant of CUP 2010-07, 496 Moorpark Avenue,
Moorpark, California, provided background information on the history of
the improvements in services and renovations to the Moorpark General
Store and his desire to offer the community the products and services they
have requested and stated he had collected 672 signatures from
customers in support of the CUP.
James Allen, counsel to the applicant Hakam Barakat, Allen Law
Corporation, 275 E. Thousand Oaks Boulevard, Suite 105, Thousand
Oaks, California, stated the Planning Commission held a thorough public
hearing and after considering public testimony found in favor of the CUP.
He stated this is an application to sell beer and wine; it is consistent with
the use; and proper conditions have been imposed.
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Stephen Jamieson, counsel for the appellant, Teresa Cortes, spoke in
opposition to the CUP as a land use issue inconsistent with the General
Plan and the fact that Council does not have the evidence before them
tonight to make a decision. He provided signatures from 264 households
opposed to the CUP and mentioned 55 previously provided protests filed
with the Alcohol Beverage Control. Mr. Allen cited concerns over a
potential increase in the crime rate and an over concentration of alcohol
sales in this area if the CUP is approved.
Teresa Cortes, appellant, 12425 Villa Campesina Avenue, Moorpark,
California, spoke in opposition to CUP as it over concentrates alcohol
sales in the downtown area.
Jorge Espinoza, Principal of the Community High School in Moorpark,
spoke in opposition to the CUP and stated this area of town as being over
concentrated with alcohol sales and increased crime. He cited the
number of children and families he works with concerning the abuse of
alcohol.
Miriam Ramos, a Moorpark resident, spoke in opposition to the CUP
stating her concern over impacts to the safety of children playing in the
area.
Juanita Perez, a Simi Valley resident, spoke in opposition to the CUP and
cited her own personal experiences with alcohol abuse within her family.
Jazmine Mendoza, a 7th grade student at Chaparral Middle School, spoke
in opposition to the CUP expressing fear of walking to and from school in
the presence of intoxicated people.
Jenni Martinez, a student at Mesa Verde Middle School, spoke in
opposition to the CUP, citing the detrimental effects of more beer in the
community.
Rudy Guevara, a Moorpark resident, spoke in support of the CUP and
stated Mr. Barakat's clientele is very loyal to him.
Steve Lousen, a Moorpark resident, spoke in support of the CUP and
stated the objections stem from fear of competition rather than over
concentration of alcohol sales.
Patrick Ellis, President and CEO of the Moorpark Chamber of Commerce,
spoke in support of the CUP, citing the many services Mr. Barakat has
supplied in his market at the request of the community; his compliance
with the Police Department and staff conditions, and the market providing
an alternative to having to cross the very busy and dangerous Moorpark
Avenue to buy beer or wine elsewhere.
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Rick Wilson, a Moorpark resident, spoke in support of the CUP, citing Mr.
Barakat's professional operation of his business.
Abel Aguilera, a Moorpark resident and manager of the Moorpark General
Store, spoke in support of the CUP and cited Mr. Barakat's positive
relationship with customers.
Sandy Sanders, a Moorpark resident, spoke in support of the CUP and
Mr. Barakat.
Tania De Hoh, a Moorpark business owner, spoke in support of the CUP
and Mr. Barakat and stated this is a business decision to expand services
to the community.
Kevin Jackson, a Moorpark consumer, spoke in support of the CUP and
stated Mr. Barakat can still run a safe business while selling beer and
wine.
Stephen Jamieson, counsel to the appellant, Teresa Cortes, spoke in
rebuttal to public comments citing the speakers in favor of the CUP spoke
about personal traits of Mr. Barakat, but not the land use issues.
James Allen, counsel to the applicant Hakam Barakat, spoke in rebuttal to
public comments stating staff has performed an in-depth report to all
objections; no state law prohibits the issuance of a license to Mr. Barakat's
store, every other grocery store in the city sells beer and wine, and not
having to cross Moorpark Avenue to purchase beer and wine is
convenient to customers.
A discussion followed among the Councilmembers and staff concerning:
1) Addressing alcohol abuse and higher crime in this area of the City as a
subject of concern separate from this Appeal; 2) Keeping alcohol out of
the reach of youth is the purpose of some of the project conditions; 3)
Bringing other locations licensed under less strenuous rules into
compliance as permits are renewed; 4) Selling beer and wine is an
allowable use with a CUP in this location and is consistent with the
General Plan and Zoning Ordinance; 5) Other businesses in the area have
similar uses; 6) This census tract area contains approximately half of all
commercially developed land in Moorpark; 7) The Moorpark General Store
is in the C1 Neighborhood Commercial Zone; and 8) The sale of beer and
wine is only 3% of the floor area of the store and is ancillary to the major
use of the store.
Mayor Parvin closed the public hearing.
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AT THIS POINT in the meeting a recess was declared. The time was 10:00 p.m. The
Council meeting reconvened at 10:12 p.m.
A discussion followed among the Councilmembers concerning: 1)
Renewed concerns over alcohol abuse and domestic violence alluded to
by speakers and opportunities to offer assistance are separate from this
CUP; 2) The Moorpark General Store is a convenience store to which
most patrons walk, making not having to cross Moorpark Avenue a
benefit; 3) Conditions applied to this permit including lighting, hours of
operation, security, and prohibition of outdoor advertising are more
stringent than those applicable to existing businesses; and if any of these
conditions are violated the CUP will be revoked; and 4) The CUP meets
the findings outlined in the Sections 2 and 3 of the proposed resolution.
MOTION: Councilmember Millhouse moved and Councilmember Van Dam
seconded a motion to adopt Resolution No. 2010-2984, denying Appeal No.
2010-01 and approving Conditional Use Permit No. 2010-07. The motion carried
by unanimous voice vote.
CONSENSUS: It was the consensus of the Council to hear Item 9.A. next on the
agenda upon the request of Councilmember Millhouse.
AT THIS POINT in the meeting Item 9.A. was heard.
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Presentations from Applicants for Planning Commission. Staff
Recommendation: Hear presentations from applicants and defer
appointment until the January 5, 2011 regular meeting, following the
remaining applicant presentation.
Mayor Parvin called the Planning Commission applicants to give their
presentations in the order their names were drawn by the City Clerk prior
to the start of the meeting.
The Council listened to presentations and conducted interviews of the
Planning Commission applicants in the following order:
Mary Ann Hansen
Bruce Hamous
Daniel Groff
Mark Taillon
Kipp Landis
Diana Gould
Mark DiCecco
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In response to Councilmember Millhouse, Ms. Benson stated Planning
Commission applicant, Michael Lillis had contacted staff earlier in the
week to indicate he would need to attend the January 5, 2011 meeting to
give his presentation.
CONSENSUS: It was the consensus of the Council to defer appointments to the
Planning Commission until the January 5, 2011 regular meeting, following the
remaining applicants' presentations.
AT THIS POINT in the meeting the Council returned to the agenda as written with Item
8.B.
8. PUBLIC HEARINGS:
B. Consider Ordinance No. 395 Amending Title 15 of the Moorpark Municipal
Code by Replacing Chapters 15.04, 15.08, 15.12, 15.14, 15.16, 15.18,
15.20, and 15.22 and Section 15.28.060 in their Entirety and by Adding
Chapter 15.10 as Well as Adopting by Reference and Amending the
Current Editions of Certain Model Codes. Staff Recommendation: 1)
Open the public hearing, accept public testimony, and close the public
hearing; 2) Waive full reading and declare Ordinance No. 395 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
Mr. Bobardt gave the staff report.
Mayor Parvin opened the public hearing.
There were no speakers.
Mayor Parvin closed the public hearing.
Mr. Murphy read the title of Ordinance No. 395.
MOTION: Councilmember Millhouse moved and Councilmember Van Dam
seconded a motion to: 1) Waive full reading.and declare Ordinance No. 395 read
for the second time and adopted as read; and 2) Direct staff to send the changes
to the Code to the California Building Standards Commission. The motion
carried by unanimous roll call vote.
C. Consider Ordinance Approving Zoning Ordinance Amendment 2007-01 to
Amend Chapter 17.20 (Uses by Zone) and Chapter 17.42 (Wireless
Communications Facilities) to Update the Review Process and Ensure
Consistency with Changes in State Law Regarding the Regulation of
Wireless Communications Facilities. Staff Recommendation: 1) Open the
public hearing; accept public testimony, and close the public hearing; and
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2) Introduce Ordinance No. 396 for first reading, waive full reading, and
schedule second reading and adoption for January 5, 2011.
Mr. Vacca gave the staff report.
Mayor Parvin opened the public hearing.
There were no speakers.
Mayor Parvin closed the public hearing.
Mr. Murphy read the title of Ordinance No. 396.
MOTION: Councilmember Millhouse moved and Councilmember Pollock
seconded a motion to introduce Ordinance No. 396 for first reading, waive full
reading, and schedule second reading and adoption for January 5, 2011 . The
motion carried by unanimous roll call vote.
9. PRESENTATION/ACTION/DISCUSSION:
B. Consider Update on Request for Letter of Map Revision (LOMB) to
Federal Emergency Management Agency (FEMA) for the 2010 Digital
Flood Insurance Rate Map (DFIRM). Staff Recommendation: Direct staff
to schedule a public meeting within thirty days of the LOMR approval to
discuss the final outcome of the LOMR and its effects on property owners
regarding flood insurance requirements.
Mr. Klotzle gave the staff report and corrected stamped page 115 of the
agenda report in the 4th full paragraph to be to 507 rather than 570 of the
removed structures located north of Los Angeles Avenue and west of
Spring Road; and in the 5th full paragraph corrected the number of
residential and commercial structures expected to remain in the 100-year
floodplain to be 433 not 370. He introduced the City's consultant,
Massoud Rezakhani of MR Consulting, LLC, who responded to Council
questions.
There were no speakers.
In response to Council questions, Mr. Klotzle stated staff would return to
Council with a report within 30 days from FEMA's approval.
CONSENSUS: It was the consensus of the Council to direct staff to schedule a
public meeting within thirty days of the LOMR approval to discuss the final
outcome of the LOMR and its effects on property owners regarding flood
insurance requirements.
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C. Consider Ad Hoc Committee Recommendation on Development
Agreement No. 2009-02 with Los Angeles Avenue, LL C for Approximately
44.467 Acres North of Los Angeles Avenue and West of Gabbert Road.
Staff Recommendation: Direct staff to set and advertise public hearings
before the Planning Commission and City Council for consideration of the
development agreement, concurrent with other related entitlements.
Mr. Bobardt gave the staff report and made corrections to stamped pages
of the agenda report:
Section 5.4 —Term of Subsequent Approvals on stamped page 128
Change "term may be extended by the decision maker for two (2)
additional one (1) year periods" to "term may be extended by the decision
maker for four (4) additional one (1) year periods" so the entitlements
could be valid for a total of five (5) years; and
Section 5.7 — Moratorium on Development on stamped page 129; and
Staff is recommending deletion of this provision; and
Section 6.4 — Development Agreements on stamped page 130
Correct the formula for Fee Per Square Foot of Building Area to be
$29,700.00 per gross acre rather than $44,325.00
(Project Acres as Determined per Section 7.7) x $29,700.00/Acre
559,450 Square Feet of Building Area; and
Section 6.12 — Development Agreements on stamped page 132
Change reference to subsection 6.25 in the seventh line to read
subsection 6.24; and
Section 7.10 — City Agreements on stamped page 137
Add the following language after the word "road" in the third line to
read "from North Hills Parkway parallel with Los Angeles Avenue to serve
properties to the west"; and staff would want to add language indicating
"To the extent provided by law, the City would provide for reimbursement
for the extension of said road beyond the western property line".
There were no speakers.
MOTION: Councilmember Pollock moved and Mayor Parvin seconded a motion
to direct staff to set and advertise public hearings before Planning Commission
and City Council for consideration of the development agreement, as amended
on stamped pages 128, 129, 130, 132, and 137 of the agenda report, concurrent
with other related entitlements. The motion carried by unanimous voice vote.
D. Consider Resolution Ratifying Ventura County Fire Protection District
Ordinance No. 27 Section 610 and Appendix L, Pertaining to Building
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Standards for Application within the Jurisdictional Boundaries of the City of
Moorpark and Rescinding Resolution No. 2007-2665. Staff
Recommendation: 1) Adopt Resolution No. 2010-2985, rescinding
Resolution No. 2007-2665; and 2) Direct the Building Official to file a copy
of the findings of the Ventura County Fire Protection District together with
a copy of Section 610 and Appendix L of Ordinance 27 to the California
Department of Housing and Community Development and California
Building Standards Commission.
Mr. Bobardt gave the staff report.
There were no speakers.
MOTION: Councilmember Millhouse moved and Councilmember Mikos
seconded a motion to: 1) Adopt Resolution No. 2010-2985, rescinding
Resolution No. 2007-2665; and 2) Direct the Building Official to file a copy of the
findings of the Ventura County Fire Protection District together with a copy of
Section 610 and Appendix L of Ordinance 27 to the California Department of
Housing and Community Development and California Building Standards
Commission. The motion carried by unanimous voice vote.
E. Consider City Council Standing Committee Appointments and
Assignments for Calendar Year 2011. Staff Recommendation: Determine
City Council and Moorpark Redevelopment Agency committee
appointments and assignments.
Ms. Benson gave the staff report.
There were no speakers.
Mr. Kueny recommended deleting the Triliad Development Agreement Ad
Hoc Committee as their work has been completed.
MOTION: Councilmember Millhouse moved and Mayor Parvin seconded a
motion to approve the City Council Standing Committee Appointments to
incorporate the change in the membership of the Finance, Administration and
Public Safety Committee to reflect new Member Mayor Pro Tempore Millhouse
and Immediate Past Mayor Pro Tempore Mikos as Alternate and to delete the
Triliad Development Agreement Ad Hoc Committee from the list. The motion
carried by unanimous voice vote.
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Van Dam moved and Councilmember Mikos seconded a
motion to approve the Consent Calendar. The motion carried by unanimous roll call
vote.
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A. Consider Minutes of Regular Meeting of November 17, 2010. Staff
Recommendation: Approve the minutes.
B. _Consider Minutes of Special Meeting of December 1, 2010. Staff
Recommendation: Approve the minutes.
C. Consider Minutes of Regular Meeting of December 1, 2010. Staff
Recommendation: Approve the minutes.
D. Consider Warrant Register for Fiscal Year 2010-2011 — December 15,
2010. Staff Recommendation: Approve the warrant register.
E. Consider Agreement with CVE Engineering, Inc. for Update and
Expansion of Civic Center ALTA Survey and Resolution Amending the
Fiscal Year 2010/11 Budget to Fund the Work from the Endowment Fund
2800 . Staff Recommendation: 1) Approve Agreement with CVE, subject
to final language approval by the City Manager and City Attorney; and 2)
Adopt Resolution No. 2010-2986. ROLL CALL VOTE REQUIRED
F. Consider Agreement with Kelly Cleaning and Supplies, Inc. for Janitorial
Services at the Moorpark Public Services Facility, Moorpark Library, and
Arroyo Vista Recreation Center and Authorize the City Manager to
Execute Contract. Staff Recommendation: Approve an agreement with
Kelly Cleaning and Supplies, Inc. and authorize the City Manager to
execute the contract, subject to final language approval by the City
Manager and City Attorney.
G. Consider Revised Management Benefits Resolution Rescinding
Resolution No. 2010-2945. Staff Recommendation: Adopt Resolution No.
2010-2987.
H. Consider Recordation of Notice of Completion for the Community Center
Heating, Ventilation, and Air Conditioning (HVAC) Replacement Project
and Release of Project Bonds. Staff Recommendation: Authorize the City
Clerk to file the Notice of Completion for the project and authorize the
release of project bonds as outlined in the agenda report.
1. Consider Amendment No. 3 to Agreement for Street Sweeping Services.
Staff Recommendation: Authorize the City Manager to sign Amendment
No. 3 to the Agreement, subject to final language approval of the City
Manager and the City Attorney.
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
None.
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12. CLOSED SESSION:
None was held.
13. ADJOURNMENT:
Mayor Parvin adjourned the meeting at 11:17 p.m.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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