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HomeMy WebLinkAboutMIN 2016 1116 CC SA REG MINUTES OF THE CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Moorpark, California November 16, 2016 A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency held jointly with the Disaster Council on November 16, 2016, 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 6:44 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember-elect, Ken Simons led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin. Staff Present: Steven Kueny, City Manager; Kevin Ennis, City Attorney; Deborah Traffenstedt, Assistant City Manager; Ron Ahlers, Finance Director; David Bobardt, Community Development Director; Jeremy Laurentowski, Parks and Recreation Director; Sean Corrigan, City Engineer/Public Works Department; Joseph Fiss, Economic Development and Planning Manager; Jessica Sandifer, Program Manager; Brian Chong, Administrative Services Manager; Captain Reilly, Sheriffs Department; and Maureen Benson, City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Introduction of New City Employee, Michael Ramirez, Recreation Supervisor in the Parks, Recreation and Community Services Department. Mayor Parvin introduced 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. Mayor Parvin introduced new City employee, Daisy Amezcua, Account Technician I in the Finance Department. Minutes of the City Council/Successor Agency Moorpark, California Page 2 November 16, 2016 5. PUBLIC COMMENT: David Gutierrez, representing the Conejo Valley Youth and Government organization spoke in regard to gaining voting rights for 16 and 17 year olds for municipal elections. Bruce Rokos, Chairman of the Board for the Moorpark Chamber of Commerce announced the Monthly Connection Breakfast hosted by Simi Valley Hospital will was held on November 18 at the Moorpark Country Club where food will be collected for the needy; and the Waterstone Apartments will hold a Networking Mixer on December 6. He thanked the City for placing an ad in the Acorn promoting "Shop Moorpark" and commended the City for hiring Mike Ramirez from the City of Oxnard. Mr. Rokos wished everyone a Happy Thanksgiving and encouraged shopping in Moorpark on Black Friday. Chris Ogg, a Moorpark resident, requested support from the Council for his efforts to remove 18 wheeler trucks from Los Angeles Avenue. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: It was the unanimous consensus of the Council to hear Item 8.C. first under Public Hearings upon the request of Councilmember Millhouse. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND MAYOR: Councilmember Pollock reported he and Mayor Parvin had been judges of the student projects at the Youth in Government Bill event meeting last evening. Councilmember Pollock reported on having visited local business, Warehouse Discount Center, which is doing well, drawing business from both Simi Valley and Thousand Oaks communities due to its location along State Route 23. Councilmember Mikos reported on November 14 having attended Moorpark College's spectacular Musicians Applied Program Showcase which showcased opera, classical guitar, cello, piano, and jazz. Councilmember Mikos thanked the Moorpark voters for coming out for the election and voting to re-elect her to the Council. Councilmember Parvin announced the six-week Community Emergency Response Team (CERT) course begins on January 26th at the EOC Room at the Moorpark Police Services Center. Minutes of the City Council/Successor Agency Moorpark, California Page 3 November 16, 2016 Mayor Parvin announced on December 3 at the Public Services Facility, the City will be hosing it first "used-cooking oil" drop-off event for those who deep fry their Thanksgiving turkeys. Mayor Parvin announced the Moorpark Boys & Girls Club's Holiday Boutique will be Sunday, December 20 and their Community Breakfast will be on December 2 with Jessica Mendoza as guest speaker. Mayor Parvin reported she attended the 25th Anniversary of the Reagan Library on November 4. Mayor Parvin reported on November 11 she attended the ceremony on at the Veteran's Memorial and later that same day attended the Moorpark Civic ballet. Mayor Parvin reported she attended with Councilmember Pollock the Youth in Government Bill event on November 15. Mayor Parvin reported she attended the Moorpark Unified School Board meeting on November 15 in support of recognizing great work of outgoing Board members Greg Barker and Bruce Thomas. Mayor Parvin thanked the Moorpark voters for re-electing her as their Mayor and allowing her to serve for two more years. 8. PUBLIC HEARINGS: AT THIS POINT in the meeting, Item 8.C. was heard. 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. 2016-3555. Mr. Bobardt gave the staff report and PowerPoint presentation. Councilmember Pollock, a member of the Apricot Lane Project Ad Hoc committee, reported he had exparte meetings with the applicants. Minutes of the City Council/Successor Agency Moorpark, California Page 4 November 16, 2016 Mayor Parvin, a member of the Apricot Lane Project Ad Hoc committee, reported she had multiple meetings, emails, and conversations with the applicants. Councilmember Mikos reported she had a general conversation with the applicants at the Country Days parade. Councilmember Van Dam and Milihouse reported they had seen the video of this project at a meeting of the Ventura Council of Governments last summer. Mayor Parvin opened the public hearing. Sean Rasmussen, architect with Wade Weissman Architecture, gave a presentation on the proposed project. John Chester, owner of Apricot Lane Farms, 10700 Broadway Road, Moorpark, California, gave a presentation on the bio-diversity and soil regenerative techniques used to develop the farm and provided a video depicting its operation. He explained the vision for locating the market, restaurant, and microbrewery on High Street. Molly Chester, owner of Apricot Lane Farms, 10700 Broadway Road, Moorpark, California, gave a presentation on the nutrient quality of food to be offered at the restaurant and for sale in the market. Hugh Riley, Executive Vice President of the Moorpark Foundation for the Arts operating as the High Street Arts Center on High Street stated they are 100% in favor of this project. Bruce Rokos, Chairman of the Board for the Moorpark Chamber of Commerce and member of the Moorpark business community stated as the closest neighbor to the project, they stand in support and encouraged the Chester's to use local businesses in the construction. John Robert Edgington, a Moorpark resident who also works in Moorpark stated the development plan is excellent, but he is concerned with protection of the Ash trees and questioned the demolition of the old train structure. In response to Mr. Edgington's concerns, Mr. Bobardt stated what appears to be an old train structure is actually a decayed façade disguising what was a chicken feed operation. He also said that the old train station was closer to Moorpark Avenue on High Street and burned down in the 1960s, and that the applicant is making every effort to preserve as many ash trees as possible. Minutes of the City Council/Successor Agency Moorpark, California Page 5 November 16, 2016 In response to Mayor Parvin, the City Clerk summarized 27 Written Statement cards in favor of the project as a great asset to Moorpark with its historical design and offerings of locally grown food. Mayor Parvin closed the public hearing. In response to Councilmember Millhouse's concern that alcoholic beverages be available for sale during normal market hours, Mr. Bobardt stated Condition No. 30 on stamped page 121 of the agenda report would be changed to reflect that only the consumption of alcohol on the premises would have time restrictions. A discussion followed among the Councilmembers which focused on: 1) The lower height of the chimney being in better proportion to the structure; 2) This type of architecture is a welcome addition to High Street and is compatible with old town Moorpark; 3) The City is just now regaining controlof properties such as this, which were formerly under the Redevelopment Agency's control, which was dissolved by Governor Brown and the State Legislature in 2012; 4) The addition of the successful Enegren brewery is a great asset; 5) discussion of whether smoking would be permitted; 6) Gutters on the metal roofing to prevent staining of the pavement below is a must; and 7) Parking issues have yet to be resolved with the Ventura County Transportation Commission. Mayor Parvin read an email from Nicola Klein in which she stated the city does not currently have a destination establishment that encourages repeat visits and serves good food, but with the approval of this project we all win. MOTION: Mayor Parvin moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2016-3555, as amended for Condition No. 30 and 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. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, a recess was declared. The time was 8:28 p.m. The meeting reconvened at 8:50 p.m. Minutes of the City Council/Successor Agency Moorpark, California Page 6 November 16, 2016 CONSENSUS: It was the unanimous consensus of the Council to hear Item 9.A. next due to the number of presenters in the audience for this item upon the request of Mayor Parvin. 9. PRESENTATION/ACTION/DISCUSSION: A. Presentation by the Moorpark Chamber of Commerce on Progress of the Shop Moorpark Program. Bruce Rokos, Chairman of the Board for the Moorpark Chamber of Commerce, provided a progress report on the Shop Moorpark Program. Ari Dixon and David Annaguey representing their fellow students at California State University at Channel Islands gave a presentation on their team project with the Moorpark /chamber of Commerce to advance the "Shop Moorpark" movement. AT THIS POINT in the meeting, the Council returned to the agenda as written. 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 Minutes of the City Council/Successor Agency Moorpark, California Page 7 November 16, 2016 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. Ennis deferred reading the title of Ordinance No. 440 to Mayor Parvin. MOTION: Councilmember Millhouse moved and Councilmember Pollock seconded a motion to: 1) Waive full reading and declare Ordinance No. 440 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. 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. 2016-3556. Mr. Bobardt gave the staff report and stated this item is accompanied on the agenda by Consent Calendar Item 10.D. Mayor Parvin opened the public hearing. There were no speakers. Mayor Parvin closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2016-3556, 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. The motion carried by unanimous voice vote. Minutes of the City Council/Successor Agency Moorpark, California Page 8 November 16, 2016 9. PRESENTATION/ACTION/DISCUSSION: 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 (Vapinq) 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. 2016-3557. Mr. Bobardt gave the staff report, referenced the Special City Council meeting held on November 11, 2016, where an Urgency Ordinance approved adoption of a Conditional Use Permit to limit massage establishments to certain zones. There were no speakers. MOTION: Councilmember Pollock moved and Councilmember Millhouse seconded a motion to adopt Resolution No. 2016-3557, 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. The motion carried by unanimous voice vote. C. Consider Scheduling Additional City Council Meeting for Commission Interviews. Direct staff as deemed appropriate. Ms. Benson gave the staff report. There were no speakers. Mr. Kueny stated staff recommends the second meeting for interviews be scheduled for a Special meeting on January 11, 2017, to be followed with Minutes of the City Council/Successor Agency Moorpark, California Page 9 November 16, 2016 the appointments to the Commission at the Regular meeting on January 18, 2017. CONSENSUS: It was the unanimous consensus of the Council to schedule the second round of Arts, Parks and Recreation, and Planning Commission interviews for a Special City Council meeting on January 11, 2017 to be followed with the appointments at the Regular City Council meeting of January 18, 2017. 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Councilmember Pollock moved and Councilmember Millhouse seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. 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. 2016-3558, amending the FY 2016/17 Budget to appropriate $30,000 from the Equipment Replacement Fund (4003). ROLL CALL VOTE REQUIRED 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. 2016-3559 adopting the 2015 Ventura County Hazard Mitigation Plan and FEMA revisions. 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. 2016-3560, 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 Minutes of the City Council/Successor Agency Moorpark, California Page 10 November 16, 2016 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. 2016-3561, amending the FY 2016/17 Budget for additional construction management and design costs. ROLL CALL VOTE REQUIRED 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. 11. ORDINANCES: (ROLL CALL VOTE REQUIRED) None. 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for discussion of one case under Item 12.A, two cases under Item 12.B. and Items 12.C, 12.E, and 12.F. on the agenda. Mr. Kueny announced pursuant to Paragraph (2) of Subdivision (d) of Government Code Section 54956.9 that the facts and circumstances for the one case under Item 12.A. creating significant exposure to litigation need not be disclosed. MOTION: Mayor Parvin moved and Councilmember Mikos seconded a motion to adjourn to closed session for a discussion of one case under Item 12.A, two cases under Item 12.B, and Items 12.C, 12.E, and 12.F. on the agenda. The motion carried by unanimous voice vote. The time was 9:18 p.m. 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) Minutes of the City Council/Successor Agency Moorpark, California Page 11 November 16, 2016 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-W M-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 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 Present in closed session were Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin; Steven Kueny, City Manager; Kevin Ennis, City Attorney; Peter Pierce, City Attorney's Office (joined the meeting via conference call); Deborah Traffenstedt, Assistant City Manager; David Bobardt, Community Development Director; and Sean Corrigan, City Engineer/Public Works Director. Mr. Pierce left the meeting at 9:30 p.m. Jeremy Laurentowski, Parks and Recreation Director; Jessica Sandifer, Program Manager; and Brian Chong, Administrative Services Manager joined the closed session at 9:30 p.m. Mr. Laurentowski and Ms. Sandifer left the meeting at 9:48 p.m., and Mr. Chong left the meeting at 9:56 p.m. The Council reconvened into open session at 10:14 p.m. Mr. Kueny stated one case under Item 12.A. and two cases under Item 12.B. and Items 12.C, 12.E. and 12.F. were discussed and there was no action to report. Minutes of the City Council/Successor Agency Moorpark, California Page 12 November 16, 2016 13. ADJOURNMENT: Mayor Parvin adjourned the meeting at 10:14 p.m. 40.rhe.-, -60.7-,,, ice S. Parvin, Mayor ATTEST: crisollirAV Maureen Benson, City ClerkAllpipriv. .,,