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HomeMy WebLinkAboutAGENDA 2016 1116 CCSA REG JNT DC pi< C4 ,0:211T vP IS!►/ 9,oIrilV07 p ,J CC Resolution No. 2016-3555 Ordinance No. 441 SA Resolution No. SA-2016-52 MOORPARK CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK ("SUCCESSOR AGENCY") JOINT MEETING WITH THE MOORPARK DISASTER COUNCIL ("DISASTER COUNCIL") WEDNESDAY, NOVEMBER 16, 2016 6:30 P.M. Moorpark Community Center 799 Moorpark Avenue All items listed are heard and acted upon by the Moorpark City Council unless otherwise noted. 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. PROCLAMATIONS AND COMMENDATIONS: A. Introduction of New City Employee, Michael Ramirez, Recreation Supervisor in the Parks, Recreation and Community Services Department. B. Introduction of New City Employee, Daisy Amezcua, Account Technician I in the Finance Department. All writings and documents provided to the majority of the City Council regarding all open-session agenda items are available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The agenda packet for all City Council meetings is available on the City's website at www.moorparkca.gov. Any member of the public may address the Council during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Presentation/Action/Discussion item.Speakers who wish to address the Council concerning a Public Hearing or Presentations/Action/Discussion item must do so during the Public Hearing or Presentations/Action/ Discussion portion of the Agenda for that item.Speaker cards must be received by the City Clerk for Public Comment prior to the beginning of the Public Comments portion of the meeting; for a Presentation/Action/Discussion item, prior to the Mayor's call for speaker cards for each Presentation/Action/Discussion agenda item;and for a Public Hearing item,prior to the opening of each Public Hearing,or beginning of public testimony for a continued hearing.A limitation of three minutes shall be imposed upon each Public Comment and Presentation/Action/Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker.Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Presentation/Action/Discussion items. Any questions concerning any agenda item may be directed to the City Clerk's office at 517-6223. Moorpark City Council/Successor Agency Moorpark Disaster Council November 16, 2016 Regular/Joint Meeting Agenda Page 2 5. PUBLIC COMMENT: 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure, Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.) 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND MAYOR: 8. PUBLIC HEARINGS: A. Consider Ordinance No. 440 Amending Title 15 of the Moorpark Municipal Code by Replacing in Their Entirety Chapters 15.04 (Administrative Provisions), 15.08 (Building Code), 15.10 (California Green Building Standards Code), 15.12 (Electrical Code), 15.14 (Plumbing Code), 15.16 (Mechanical Code), 15.18 (Housing Code), 15.20 (California Energy Code) and 15.22 (California Residential Code); Adopting by Reference and Amending the 2016 Edition of the California Building Code, Volumes 1 and 2, with Appendices C, F, H, I and J, the 2016 Edition of the California Residential Code, with Appendices E and H, the 2016 Edition of the California Referenced Standards Code, the 2016 Edition of the California Electrical Code, the 2016 Edition of the California Plumbing Code, the 2016 Edition of the California Mechanical Code, the 2016 Edition of the California Energy Code, the 2016 Edition of the California Green Building Standards Code, the 2016 Edition of the California Administrative Code, the 2015 Edition of the International Property Maintenance Code and the Twenty-First Edition of the Gypsum Association Fire Resistance Design Manual, and Making Findings that Amendments to the 2016 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. Staff Recommendation: 1) Open the public hearing, accept testimony, and close the public hearing; 2) Waive full reading and declare Ordinance No. 440 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 (Staff: David Bobardt) Moorpark City Council/Successor Agency Moorpark Disaster Council November 16, 2016 Regular/Joint Meeting Agenda Page 3 8. PUBLIC HEARINGS: B. Consider Resolution Approving the General Plan Amendment No. 2016- 02 to Include the 2015 Ventura County Multi-Hazard Mitigation Plan with Appendices and FEMA Revisions as Part of the Safety Element and Finding of Exemption from the California Environmental Quality Act in Connection Therewith. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2016- . (Staff: David Bobardt) C. Consider a Resolution Approving Commercial Planned Development No. 2016-01 and Conditional Use Permit No. 2016-04 for Construction and Operation of a New Two-Story Food Market, Restaurant with Alcoholic Beverage Sales, Banquet Room, Commercial Kitchen, and Microbrewery Totaling 16,734 Square Feet on 1.23 Acres Located at 44 High Street, and Making a Determination of Exemption Under CEQA in Connection Therewith, on the Application of Sean Rasmussen, Wade Weissman Architecture for Apricot Lane Market Holdings LLC. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2016- (Staff: David Bobardt) 9. PRESENTATION/ACTION/DISCUSSION: A. Presentation by the Moorpark Chamber of Commerce on Progress of the Shop Moorpark Program. B. Consider a Resolution Directing the Planning Commission to Study, Hold a Public Hearing, and Provide a Recommendation to the City Council on an Amendment to Chapter 17.20 (Uses by Zone) of Title 17 (Zoning) of the Moorpark Municipal Code to Address Massage Establishments, Electronic Cigarette (Vaping) Establishments, Hookah Lounges, Retail Tobacco and Electronic Cigarette (Vaping) Supply Sales from Stores Other than Tobacco Stores or Electronic Cigarette (Vaping) Establishments, Marijuana Cultivation, Check Cashing and Payday Loan Establishments, and Retail Establishments, Financial Institutions, and Restaurants with Drive-Through Facilities; and a Determination This Action Is Not a Project Approval Subject to the California Environmental Quality Act. Staff Recommendation: Adopt Resolution No. 2016- (Staff: Joseph Fiss) C. Consider Scheduling Additional City Council Meeting for Commission Interviews. Direct staff as deemed appropriate. (Staff: Maureen Benson Moorpark City Council/Successor Agency Moorpark Disaster Council November 16, 2016 Regular/Joint Meeting Agenda Page 4 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) A. Consider Minutes of Regular City Council/Successor Agency Meeting of November 2, 2016. Staff Recommendation: Approve the minutes B. Consider Warrant Register for Fiscal Year 2015/16 — November 16 2016. Staff Recommendation: Approve the warrant register. C. Consider Resolution Amending the Fiscal Year 2016/17 Budget to Fund the Procurement of Code Compliance Division and Pool Vehicles. Staff Recommendation: Adopt Resolution No. 2016- , amending the FY 2016/17 Budget to appropriate $30,000 from the Equipment Replacement Fund (4003). ROLL CALL VOTE REQUIRED (Staff: Joseph Fiss) D. (DISASTER COUNCIL/CITY COUNCIL) Consider Resolution Adopting the 2015 Ventura County Multi-Hazard Mitigation Plan and FEMA Revisions. Staff Recommendation: 1) Disaster Council — Recommend City Council adopt a resolution adopting the 2015 Ventura County Hazard Mitigation Plan and FEMA revisions; and 2) City Council — Adopt Resolution No. 2016- adopting the 2015 Ventura County Hazard Mitigation Plan and FEMA revisions. (Staff: Deborah Traffenstedt) E. Consider Amendment No. 1 to Agreement with Phoenix Civil Engineering, Inc. for Construction Management Services for the Retaining Wall Project at Arroyo Vista Community Park and Resolution Amending the Fiscal Year 2016/17 Budget. Staff Recommendation: 1) Approve Amendment No. 1 to the Agreement in the amount of $14,032.00, and authorize the City Manager to sign the Amendment to the Agreement, subject to final language approval of the City Manager; and 2) Adopt Resolution No. 2016- , amending the FY 2016/17 Budget to appropriate $14,032.00 from the General Fund (1000) Reserve to fund this work. ROLL CALL VOTE REQUIRED (Staff: Jeremy Laurentowski) F. Consider Amendment No. 1 to Agreement with Phoenix Civil Engineering, Inc. for Construction Management Services for the Recreational Trail Project at Arroyo Vista Community Park (AVCP) (CIP Project 7852) and Resolution Amending the Fiscal Year 2016/17 Budget. Staff Recommendation: 1) Approve Amendment No. 1 to the Agreement in the amount $180,500.00, and authorize the City Manager to sign the Amendment to the Agreement, subject to final language approval of the City Manager and 2) Adopt Resolution No. 2016- , amending the FY 2016/17 Budget for additional construction management and design costs. ROLL CALL VOTE REQUIRED (Staff: Jeremy Laurentowski) Moorpark City Council/Successor Agency Moorpark Disaster Council November 16, 2016 Regular/Joint Meeting Agenda Page 5 10. CONSENT CALENDAR: (continued) G. Consider a Cooperative Agreement with the State Department of Public Health and Agencies Applying Pesticides for Public Health Purposes. Staff Recommendation: Approve the Cooperative Agreement and authorize the Mayor to execute the Agreement on behalf of the City. (Staff: Jessica Sandifer) 11. ORDINANCES: (ROLL CALL VOTE REQUIRED) 12. CLOSED SESSION: A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Paragraphs (2) or (3) of Subdivision (d) of Government Code Section 54956.9: (Number of cases to be discussed - 4) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9: (Number of cases to be discussed — 4) C. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9) County of Ventura and City of Fillmore vs City of Moorpark and Broad Beach Geologic Hazard Abatement District (Case No. 56-2016-00479937- CU-WM-VTA) D. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9) City of Moorpark v. County of Ventura et al. (Real Party in Interest, Wayne J. Sand & Gravel, Inc.) (Case No. 56-2016-00482408-CU-WM-VTA) E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APNs 500-0-281-465, 500-0-281-545, 500-0-292-015, 500-0-292-035, and 500-0-292-195 East of Moorpark College and North of the SR-118 in the City of Moorpark City Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Waste Management of CA Under Negotiation: Price and terms of payment Moorpark City Council/Successor Agency Moorpark Disaster Council November 16, 2016 Regular/Joint Meeting Agenda Page 6 12. CLOSED SESSION: (continued) F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 511-0-090-200, 31 Poindexter Avenue, Moorpark, CA 93021 City Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Poindexter Properties, LLC Under Negotiation: Price and terms of payment G. (SUCCESSOR AGENCY) (Pursuant to Government Code Section 54956.8) Property: APN 512-0-090-115 City Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Apricot Lane Farms Under Negotiation: Price and terms of payment H. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Paragraph (1) of Subdivision (b) of Government Code Section 54957) Title: City Manager and City Attorney 13. ADJOURNMENT: In compliance with the Americans with Disabilities Act,if you need special assistance to review an agenda or participate in this meeting,including auxiliary aids or services,please contact the City Clerk's Division at(805)517-6223. Upon request, the agenda can be made available in appropriate alternative formats to persons with a disability.Any request for disability- related modification or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28 CFR 35.102-35.104; ADA Title II). Moorpark City Council/Successor Agency Moorpark Disaster Council November 16, 2016 Regular/Joint Meeting Agenda Page 7 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING I, Maureen Benson, declare as follows: That I am the City Clerk of the City of Moorpark and that an agenda of the Regular Meeting of the Moorpark City Council and the Successor Agency of the Redevelopment Agency of the City of Moorpark to be held jointly with the Moorpark Disaster Council on Wednesday, November 16, 2016, at 6:30 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on November 10, 2016, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 10, 2016. Maureen Benson, City Clerk