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HomeMy WebLinkAboutMIN 2017 0920 CC SA REG MINUTES OF THE CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Moorpark, California September 20, 2017 A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency was held on September 20, 2017, 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 6:37 p.m. 2. PLEDGE OF ALLEGIANCE: Parks and Recreation Director Jeremy Laurentowski led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Mikos, Pollock, Simons, 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; Brian Chong, Administrative Services Manager; Captain John Reilly, Sheriffs Department; and Maureen Benson, City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: None. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: It was the unanimous consensus of the Council to pull Item 10.G. from the Consent Calendar for individual consideration upon the request of Councilmember Simons and Mayor Parvin. Minutes of the City Council/Successor Agency Moorpark, California Page 2 September 20, 2017 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND MAYOR: Councilmember Pollock reported the he and Mayor Parvin had attended the League of California Cities Annual Conference from September 13-15 in Sacramento. He attended the Deacon Spotlight Awards where the City of Moorpark was presented with the Platinum award for sustainability efforts. Councilmember Pollock reported on the success of the Food Truck Meet Up sponsored by the Knights of Columbus, which supports the Moorpark Education Foundation by giving grants to teachers. Councilmember Mikos reported she had attended the Moorpark College Promise fund raiser where the proceeds offer tuition-free, first year college education to all recent high school graduates in Ventura County. Councilmember Mikos announced she would be attending a meeting of the Economic Development Collaborative of Ventura County on September 21, 2017 and will report on it at the next Council meeting. Councilmember Mikos reported she had attended meetings with local residents regarding City issues. Councilmember Van Dam announced on October 14 the Moorpark Kiwanis Club will be holding a charity poker event a McGregor's Craft Beer and Wine where the proceeds go to local schools. Mayor Parvin announced the Arroyo Vista Community Park Recreational Trail Grand Opening and Dedication will take place at 9:00 a.m. on September 30, 2017. Mayor Parvin announced the Country Days parade will start at 10:30 a.m. on High Street on October 7 with a street fair to follow. Mayor Parvin announced the City and Noontime Moorpark Rotary Club are sponsoring the 4th annual Moorpark Mammoth Run on October 8 starting at Mammoth Highlands Park. Mayor Parvin reported at the League of California Cities Conference last week she attended sessions on Diversity; Citizen Power; Hunger and Homelessness; attended the Channel Counties Division luncheon, and met with Assemblymember Jackie Irwin. Minutes of the City Council/Successor Agency Moorpark, California Page 3 September 20, 2017 Mayor Parvin reported she had attended the Senior Olympic Games hosted by the City; the Food Truck Meet Up; an Ovarian Cancer Awareness Fundraiser; Moorpark Rotary Golf Invitational; and the Coastal Clean-up at the Arroyo-Simi. Mayor Parvin announced the 25th anniversary of the Moorpark Halloween Party Store at 530 N. Los Angeles Avenue and encouraged everyone to visit for a photo shoot. Councilmember Simons announced the City is sponsoring Halloween night on High Street with games, attractions, trunk-or-treat, a costume contest and movies at the High Street Arts Center. 8. PUBLIC HEARINGS: A. Consider 1) a Resolution Adopting a Mitigated Negative Declaration and Approving General Plan Amendment No. 2016-01; 2) an Ordinance approving Zone Change No. 2016-01; 3) a Resolution Approving Residential Planned Development No. 2016-01 and Vesting Tentative Tract Map No. 5882; and 4) an Ordinance approving Development Agreement No. 2016-01; for a Residential Development Project Consisting of 153 Single-Family Homes and 131 Detached Condominiums on 38.73 acres on the South side of Los Angeles Avenue, West of Leta Yancy Road, on the application of Pacific Communities Builder, Inc. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. 2017-3626 adopting the Mitigated Negative Declaration and approving General Plan Amendment No. 2016-01; 3) Introduce Ordinance No. 453, approving Zone Change No. 2016-01, for first reading, waive full reading, and place this ordinance on the agenda for October 4, 2017, for purposes of providing second reading and adoption of the ordinance; and 4) Adopt Resolution No. 2017-3627 approving Vesting Tentative Tract Map No. 5882 and Residential Planned Development Permit No. 2016-01; and 5) Introduce Ordinance No. 454, approving Development Agreement No. 2016-01, for first reading, waive full reading, and place this ordinance on the agenda for October 4, 2017, for purposes of providing second reading and adoption of the ordinance. Mr. Fiss gave the staff report and described additional changes that need to be included in this approval for the condominiums to be: 1) A reduction in setback from 10-feet to 8-feet for the common driveways for the condominiums; 2) Narrower parking spaces between each unit; 3) A revision to the color scheme of the stucco color of one model to provide more variety, and 4) Removal of the requirement for insulated windows for structures along the Arroyo- Simi from Condition No. 20 as these units are more than 200-feet away from the Arroyo Vista Recreation Center. Minutes of the City Council/Successor Agency Moorpark, California Page 4 September 20, 2017 Council questions of staff followed regarding: 1) The use of Mello Roos and a Community Facilities District for this project; 2) Dedication of land for a future trail along the Arroyo-Simi; 3) Consideration of stop signs and traffic control within the development to be determined by the City Engineer; 4) The full replacement and construction of the wall between the development and the gas station; 5) Fire department access as it affects parking within the development and westerly egress only; 6) Adding a conditional requirement that the developer disclose to the potential buyer any no-parking areas; 7) Number of Homeowners associations; 8) No flood insurance required for residents; 9) Project to be built in phases; 10) Clarifying the dedication of the storm drain system mentioned on stamped page 42 will not be to the City; 11) Stacking of vehicles at Leta Yancy Road; and 12) Hazardous materials and liquefaction testing requirements have been met. Mayor Parvin opened the public hearing. Nelson Chung, Pacific Communities Builder, Inc, 1000 Dove Street, Suite 300, Newport Beach, California, described the project as ready to move forward in early October; and responded to Council questions regarding: 1) The advantages of the Community Facilities District; 2) Placement of stop signs; 3) Removal and installation of new block wall adjacent to gas station; 4) Fire lane at the west property line as a requirement of the Ventura County Fire Protection District as a right-turn only; 5) Parking capacity along the elbows of the streets will be painted and signed for no parking prior to closing of escrow; 6) Only one homeowners association for both the single-family homes and condominiums; 7) Stacking distance at the Leta Yancy Road exit is 220 feet and will accommodate 12-13 cars with the gates left open during peak traffic times; 8) There will be multiple phases for the project; 9) Flood insurance will not be required once the Letter of Map Revision (LOMR-F) is issued following the final grading when the site will be totally out of the flood zone; and 10) As a company they have never walked away from a project until completed. Anna Grimes, Civil Engineer for the applicant responded to Council questions regarding: 1) Placement of the centralized mail boxes could be placed in a yellow loading zone parking stall; 2) Fire access lanes are in compliance with Ventura County Fire District standards; 3) Parking could be restricted by red curb on one side of the street in those areas where the knuckle is located; 4) The history of the Flood insurance appeal placed by the City with FEMA to establish the base flood elevation level for the site, the applicant's Conditional Letter of Map Revision (CLOMR) submission to FEMA which was approved in 2013, and after grading and elevating the site will file documentation to FEMA for a LOMR-F; 5) Flood insurance could still be required by a mortgage company; 6) The City site for this project will be elevated to a "super pad" above the flood elevation Minutes of the City Council/Successor Agency Moorpark, California Page 5 September 20, 2017 and could be included in the LOMR-F; 7) The grading plan for the project will reflect the Geotechnical Engineer's liquefaction specifications; 8) The northwest emergency exit is a requirement of the Fire Department; 9) The Los Angeles Avenue main entry is not full access as it is restricted for left turn egress until a traffic signal is warranted; and 10) Moorpark Stormdrain No. 2 consists of two pipelines running north/south, just west of the main entrance, built in the 1960's, and currently owned by Ventura County Watershed Protection District, but do not serve the new project. In response to Mr. Kueny's request, Mr. Chung agreed to change the Development Agreement requirement from CLOMR to LOMR-F on stamped page 103. Mr. Chung stated although the project does not use the two pipelines for Stormdrain No. 2 they will be replacing the pipes as required by the County. Mayor Parvin closed the public hearing. MOTION: Councilmember Pollock moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2017-3626, as amended to add a condition requiring the developer to disclose to the potential buyer any no-parking areas prior to close of escrow; and to clarify on stamped page 42 that dedication of the storm drain system will not be to the City; and adopting the Mitigated Negative Declaration and approving General Plan Amendment No. 2016-01. The motion carried by unanimous voice vote. Mr. Ennis read the title of Ordinance No. 453. MOTION: Mayor Parvin moved and Councilmember Van Dam seconded a motion to declare Ordinance No. 453 read for the first time, to waive full reading, and to place this ordinance on the agenda for October 4, 2017, for purposes of providing second reading and adoption of the ordinance. The motion carried by unanimous voice vote. MOTION: Mayor Parvin moved and Councilmember Pollock seconded a motion to adopt Resolution No. 2017-3627, as amended on stamped page 103 to change CLOMR to LOMR-F, make editorial changes to change section to sub- section throughout the document, and on stamped page 118 change the first signatory to Christine Chung from Nelson Cheung; and approving Vesting Tentative Tract Map No. 5882 and Residential Planned Development Permit No. 2016-01. The motion carried by unanimous voice vote. Mr. Ennis read the title of Ordinance No. 454. Minutes of the City Council/Successor Agency Moorpark, California Page 6 September 20, 2017 MOTION: Councilmember Mikos moved and Councilmember Pollock seconded a motion to declare Ordinance No. 454 read for the first time, to waive full reading, and to place this ordinance on the agenda for October 4, 2017, for purposes of providing second reading and adoption of the ordinance. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 8:40 p.m. The Council meeting reconvened at 8:51 p.m. 9. PRESENTATION/ACTION/DISCUSSION: A. Provide Direction to Staff Regarding Potential Amendments to Chapter 8.32, Regulating Smoking in Public Places, of Title 8, Health and Safety, of the Moorpark Municipal Code. Staff Recommendation: 1) Direct staff to prepare an amendment to the City's smoking ordinance to prohibit smoking in all apartment units City-wide; 2) Direct staff to not proceed with regulations for smoking in single-family residences; 3) Provide policy direction to staff regarding potentially establishing a minimum buffer distance between schools and tobacco retailers; and 4) Provide policy direction to staff regarding potentially establishing an annual permitting program for tobacco retailers. Mr. Chong gave the staff report. Esha Chhabra, a Moorpark resident encouraged the Council to provide regulations for prohibiting smoking in single-family residences and provided handouts in support of her position. MOTION: Councilmember Mikos moved and Mayor Parvin seconded a motion to direct staff to prepare an amendment to the City's smoking ordinance to prohibit smoking in all apartment units City-wide. The motion carried by unanimous voice vote. B. Consider Resolution Amending the Fiscal Year 2017-2018 Budget to Appropriate Funding to Pay Down the City's California Public Employee Retirement System (CaIPERS) Pension Plan Unfunded Accrued Liability. Staff Recommendation: Adopt Resolution No. 2017-3628. ROLL CALL VOTE REQUIRED Mr. Ahlers gave the staff report. There were no speakers. MOTION: Mayor Parvin moved and Councilmember Pollock seconded a motion to adopt Resolution No. 2017-3628, amending the Fiscal Year 2017-2018 Budget to appropriate funding to pay down the City's California Public Employee Minutes of the City Council/Successor Agency Moorpark, California Page 7 September 20, 2017 Retirement System (CaIPERS) Pension Plan Unfunded Accrued Liability. The motion carried by unanimous roll call vote. C. Consider Ordinance Amending Chapter 15.21 — Small Residential Rooftop Solar Energy Systems, of Title 15, Buildings and Construction, of the Moorpark Municipal Code, to Address Electric Vehicle Charging Stations, and Determination that the Creation of an Expedited, Streamlined Permitting Process for Electric Vehicle Charging Stations is Exempt from the Provisions of the California Environmental Quality Act. Staff Recommendation: Introduce Ordinance No. 455 for first reading, waive full reading, and direct staff to schedule a public hearing and second reading and adoption of this ordinance for October 4, 2017. Mr. Bobardt gave the staff report. There were no speakers. Mr. Ennis read the title of Ordinance No. 455. In response to Councilmember Pollock, Mr. Ennis stated even though the ordinance is supposed to be adopted by September 30, 2017, as required by law, which is prior to the second reading on October 4, 2017, the City is already in compliance with the legal requirements. MOTION: Councilmember Pollock moved and Councilmember Van Dam seconded a motion to waive full reading, and direct staff to schedule a public hearing and second reading and adoption of this ordinance for October 4, 2017. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Councilmember Pollock moved and Councilmember Van Dam seconded a motion to approve the Consent Calendar with the exception of Item 10.G, which was pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Warrant Register for Fiscal Year 2017/2018 — September 20, 2017. Staff Recommendation: Approve the warrant register. B. Consider Cancellation of January 3, 2018, Regular Meeting. Staff Recommendation: Direct staff to post a notice of meeting cancellation for January 3, 2018. C. Consider Resolution Rescinding Resolution No. 2014-3274 and Adopting Policies and Procedures for Establishment of Parking by Permit Only Zones and Issuance of Parking Permits within Established Parking by Permit Only Zones to include Appleglen Court. Staff Recommendation: Adopt Minutes of the City Council/Successor Agency Moorpark, California Page 8 September 20, 2017 Resolution No. 2017-3629 rescinding Resolution No. 2014-3274 and adopting policies and procedures for establishment of parking by permit only zones and issuance of parking permits within established parking by permit only zones. D. Consider Request from the County of Ventura to Waive Rental Fees for Poll Worker Training at the Arroyo Vista Recreation Center. Staff Recommendation: Approve the rental fee waiver for the use of the Arroyo Vista Recreation Center Sycamore Room for the County of Ventura's poll worker training on May 19, 2018, and require that the County pay the City's direct staff costs of approximately $45.00. E. Consider Resolution Authorizing the City's Fiscal Year 2017/2018 Transportation Development Act Claim. Staff Recommendation: Adopt Resolution No. 2017-3630. F. Consider Request from the California Department of Rehabilitation (DOR) to Waive Rental Fees for a Job Fair at the Arroyo Vista Recreation Center. Staff Recommendation: 1) Approve the rental fee waiver for the use of the Arroyo Vista Recreation Center Sycamore Room for the DOR's Job Fair on October 12, 2017, and require that the DOR pay the City's direct staff costs of approximately $45.00; and 2) Allow the DOR to place directional signage at the Arroyo Vista Recreation Center and Community Park during the rental hours. H. Consider Agreement with West Coast Arborists, Inc. for Arborist and Tree Pest Control Services. Staff Recommendation: Approve Agreement with West Coast Arborists, Inc. for arborist and tree pest control services and authorize the City Manager to execute the Agreement, subject to final language approval by the City Manager. I. Consider Award of Agreement to Stay-Green Inc., for Landscape Maintenance Services at Various Landscape Maintenance Districts and Miscellaneous City Properties and at Landscape Maintenance District Zone 22; Consider Award of Agreement to Oakridge Landscape, Inc. for Landscape Maintenance Services in Landscape Maintenance District Zones 12, 15, and 20; and Consider Resolution Amending the Fiscal Year 2017/2018 Budget to Fund the Landscape Maintenance Services. Staff Recommendation: 1) Award 9-month (October 1, 2017, through June 30, 2018) agreements, with an option for three (3) additional one (1) year period extensions to the lowest responsive bidders; Stay-Green Inc., for the Citywide LMD Zones, LMD Zones 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 16, 18, 21, and miscellaneous City properties, at $213,386 for the initial nine month term and $282,848 annually for every subsequent year that the contract is extended, Oakridge Landscape Inc., for LMD Zones 12, 15, and 20, at $213,872 for the initial nine month term and $283,496 annually Minutes of the City Council/Successor Agency Moorpark, California Page 9 September 20, 2017 for every subsequent year that the contract is extended, and Stay-Green Inc. for LMD Zone 22 at $185,159 for the initial nine month term, and $245,212 annually for every subsequent year that the contract is extended, and authorize the City Manager to execute the Agreements, subject to final language approval by the City Manager; and 2) Adopt Resolution No. 2017-3631 amending the FY 2017/2018 budget to appropriate $10,800 from the General Fund (1000), $2,187 from LMD Zone 7 (2307), $216 from LMD Zone 8 (2308), $27,009 from LMD Zone 10 (2310), $6,039 from LMD Zone 15 (2315), $76,122 from LMD Zone 20 (2320), and $5,679 from LMD Zone 22 (2322). ROLL CALL VOTE REQUIRED J. Consider Resolution Amending the Fiscal Year 2017/2018 Budget for City Manager Recruitment Services and Approve an Agreement with Ralph Andersen & Associates. Staff Recommendation: 1.) Adopt Resolution No. 2017-3632, amending the Fiscal Year 2017-2018 Budget for the City Manager recruitment services; 2) Approve an Agreement with Ralph Andersen & Associates for City Manager recruitment services, subject to final language approval by the City Manager; and 3) Appoint Greg Nelson, Ralph Andersen & Associates, to be one of the City negotiators in connection with the recruitment process, along with Kevin Ennis, City Attorney, and Deborah Traffenstedt, Assistant City Manager. ROLL CALL VOTE REQUIRED The following item was pulled for individual consideration. G. Consider Request from the Moorpark Chamber of Commerce to Co- Sponsor the Country Days Parade and Street Fair: Use Certain City Owned Downtown Properties to Support the Country Days Parade and Street Fair; and Request Waiver of Rental Fees. Staff Recommendation: 1) Agree to co-sponsor the October 7, 2017 Country Days Event; 2) Authorize the City Manager to execute a short-term lease agreement for use of the Moorpark Community Center, and vacant City properties on the south side of High Street, from Moorpark Avenue to Spring Road; 3) Waive fees for the Encroachment Permit; 4) Require Chamber of Commerce to provide the City with an indemnification agreement and provide a General Liability Insurance Policy and Endorsement naming the City and its agents as additional insureds; 5) Authorize purchase of special event and parade insurance, if necessary; and 6) Authorize the City Manager or his designee to set other conditions or requirements as may be determined necessary. Councilmember Simons stated he had this item pulled so he could recuse himself as a member of the Moorpark Chamber of Commerce Board of Directors. Minutes of the City Council/Successor Agency Moorpark, California Page 10 September 20, 2017 Mayor Parvin stated she had this item pulled so she could recuse herself as the spouse of an employee of the Moorpark Chamber of Commerce. MOTION: Councilmember Pollock moved and Councilmember Mikos seconded a motion to: 1) Agree to co-sponsor the October 7, 2017 Country Days Event; 2) Authorize the City Manager to execute a short-term lease agreement for use of the Moorpark Community Center, and vacant City properties on the south side of High Street, from Moorpark Avenue to Spring Road; 3) Waive fees for the Encroachment Permit; 4) Require Chamber of Commerce to provide the City with an indemnification agreement and provide a General Liability Insurance Policy and Endorsement naming the City and its agents as additional insureds; 5) Authorize purchase of special event and parade insurance, if necessary; and 6) Authorize the City Manager or his designee to set other conditions or requirements as may be determined necessary. The motion carried by voice vote 3-0, Councilmember Simons and Mayor Parvin abstaining. 11. ORDINANCES: (ROLL CALL VOTE REQUIRED) None. 12. CLOSED SESSION: None was held. 13. ADJOURNMENT: MOTION: Councilmember Pollock moved and Councilmember Van Dam seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 10:03 p.m. Mice S. Parvin, Mayor ATTEST: r�°'/� r' P"Fglie4 ir, fliiimilh.. Maureen Benson, City Clerk ,v, %