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HomeMy WebLinkAboutMIN 2018 1003 CC SA REG MINUTES OF THE CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Moorpark, California October 3, 2018 A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency was held on October 3, 2018, 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 6:38 p.m. 2. PLEDGE OF ALLEGIANCE: Finance Director Ron Ahlers led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin. Staff Present: Troy Brown, 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; Brian Chong, Assistant to the City Manager; Joseph Fiss, Planning Manager; Captain John Reilly, Sheriffs Department; and Maureen Benson, City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: None. 5. PUBLIC COMMENT: Michelle Ellison, resident of the City of Ojai and their member on the Clean Alliance Board, requested the City Council consider changing the renewable default energy plan to 100%. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. Minutes of the City Council/Successor Agency Moorpark, California Page 2 October 3, 2018 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND MAYOR: Mayor Parvin and Councilmember Mikos, members of the Clean Alliance Board for the City of Moorpark, requested a future agenda item to discuss the renewal default energy plan. Councilmember Mikos reported on having attended an Advisory Board Committee meeting of the Santa Monica Mountains Conservancy where she reported on the status of the close of escrow on the City's 255 acre open space purchase from Waste Management. Councilmember Mikos reported she had attended the Annual Gala for the Moorpark Foundation for the Arts to benefit the High Street Arts Center. Councilmember Van Dam also reported he had attended the Annual Gala for the Moorpark Foundation for the Arts. Councilmember Van Dam announced the Moorpark Kiwanis Poker Tournament fund raiser to benefit local charities will be held on October 20 at McGregors in Moorpark. Councilmember Pollock reported he had attended the grand opening of the Walnut Street Apartments and is happy to report that several families who already work in Moorpark can now find affordable housing. Councilmember Pollock reported he and fellow Council candidates attended a Candidates' Briefing on Monday which proved to be very beneficial. Councilmember Simons reported he had attended a Moorpark Chamber Mixer on Tuesday at the original Moorpark Halloween store. Councilmember Simons reminded everyone that the Country Days Parade takes place on Saturday, October 5, followed by the Mammoth Walk/Run on Sunday, October 6. Councilmember Simons announced Women's Fortnightly will be holding a fundraiser barbecue to benefit the Moorpark Boys and Girls Club. Councilmember Simons reported he had, as the City's representative, attended a meeting of the Site Authority for the California University at Channel Islands on October 1. Mayor Parvin reported she participated in a meeting of the Ventura County Office of Governments where Rudy Gonzalez from Southern California Edison gave a Minutes of the City Council/Successor Agency Moorpark, California Page 3 October 3, 2018 presentation on their Wildfire Mitigation Program. She also stated he would be conducting a community meeting on this topic on October 10 here at City Hall. Mayor Parvin reported she had attended a Moorpark Chamber Breakfast sponsored by Adventist Health; the Moorpark Foundation of the Arts Gala; and the Moorpark Chamber Mixer at the Moorpark Halloween store. Mayor Parvin reported she had recently had an informative meeting with a Moorpark resident to discuss mental illness in Ventura County. Mayor Parvin reported she had participated in a meeting of the Conejo-Simi Association of Realtors and an Executive Committee meeting with Councilmember Simons of the Moorpark Boys and Girls Club. 8. PUBLIC HEARINGS: A. Consider Ordinance Adopting Zoning Ordinance Amendment No. 2018- 01, Amendments to Chapters 17.08 (Definitions) and 17.20 (Uses by Zone) of Title 17 (Zoning), to Address Residential Short Term Rental Units; and Making a Determination This Action is Exempt from the California Environmental Quality Act. (continued open public hearing from August 15, 2018) Staff Recommendation: 1) Continue to accept public testimony and close the public hearing; and 2) Introduce Ordinance No. 464, approving Zoning Ordinance Amendment No. 2018-01, for first reading, waive full reading, and place this ordinance on the regular meeting agenda for November 7, 2018, for purposes of providing second reading and adoption of the ordinance. Mr. Fiss gave the staff report and stated the public hearing remains open. Holly Daley, a Maureen Lane resident of Moorpark, thanked the Council and staff for listening to the residents and stated she approves of the new ordinance. Paul Farley, a Maureen Lane resident of Moorpark, stated this new ordinance will protect existing neighborhoods. Eric Tolliver, a Moorpark resident stated his concerns that this new ordinance would preclude seniors from renting out a room in their home to supplement income. D'Anne Moungeuy, a Maureen Lane resident of Moorpark, thanked the Council and staff for recognizing the residents' concerns. Minutes of the City Council/Successor Agency Moorpark, California Page 4 October 3, 2018 Mayor Parvin closed the public hearing. Mr. Bobardt requested the Council change the date for the second reading of the ordinance to October 17. A discussion followed among the Councilmembers and staff regarding: Changing the date for second reading to October 17, 2018, providing explanation in the form of Frequently Asked Questions on the City's website regarding short term rentals and what is applicable, room rentals, a ban of the use versus a regulation, what is a residential purpose, advertisement restrictions, and code compliance when complaints are received. Mr. Ennis read the title of Ordinance No 464. MOTION: Councilmember Simons moved and Mayor Parvin seconded a motion to Introduce Ordinance No. 464, approving Zoning Ordinance Amendment No. 2018-01, for first reading, waive full reading, and place this ordinance on the regular meeting agenda for October 17, 2018, for purposes of providing second reading and adoption of the ordinance. The motion carried by unanimous voice vote. B. Consider Introduction of an Ordinance Adopting Zoning Ordinance Amendment No. 2018-04, Amendments to Chapters 17.20 (Uses by Zone) and 17.28 (Standards for Specific Uses) of the Moorpark Municipal Code Addressing Temporary Filming; Consider a Resolution Adopting Rules and Regulations for Temporary Filming; Consider Adopting a Resolution Updating the City's Permit Application and Review and Processing Fees and Deposits and Rescinding Resolution No. 2017-3608; and Determining That These Actions Are Exempt from the California Environmental Quality Act. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Introduce Ordinance No. 465 for first reading, waive full reading, and place the Ordinance on the Agenda for the October 17, 2018 regular meeting for purposes of providing second reading and adoption of the Ordinance; 3) Adopt Resolution No. 2018-3751 adopting Rules and Regulations for Temporary Filming; and 4) Adopt Resolution No. 2018-3752 updating the City's Permit Application and Review and Processing Fees and Deposits. Mr. Chong gave the staff report and amended page 5 of Resolution No. 2018-3751 at the top of the page to change "crowed" to "crowd"; and in response to Councilmember Mikos' concerns added a Note to page 4 to highlight the restrictions imposed by the California Film Commission and California Department of Transportation; and amended Resolution No. 2018-3752 on page 6 to delete the words "An Additional" from in front of the $300 flat fee description for Film Permit— Private Property Only. Minutes of the City Council/Successor Agency Moorpark, California Page 5 October 3, 2018 Mayor Parvin opened the public hearing. There were no speakers. Mayor Parvin closed the public hearing. Mr. Ennis read the title of Ordinance No. 465. MOTION: Councilmember Mikos moved and Councilmember Pollock seconded a motion to introduce Ordinance No. 465 for first reading, waive full reading, and place the Ordinance on the Agenda for the October 17, 2018 regular meeting for purposes of providing second reading and adoption of the Ordinance. The motion carried by unanimous voice vote. MOTION: Councilmember Mikos moved and Councilmember Pollock seconded a motion to: 1) Adopt Resolution No. 2018-3751, as amended on page 5, adopting Rules and Regulations for Temporary Filming; and 2) Adopt Resolution No. 2018-3752, as amended on page 6, updating the City's Permit Application and Review and Processing Fees and Deposits and rescinding Resolution No. 2017-3608. The motion carried by unanimous voice vote. 9. PRESENTATION/ACTION/DISCUSSION: A. The California Voting Rights Act - Background and Overview of Potential Process for Changing to District-Based Elections, and Consider Special City Council Meeting on October 11, 2018. Staff Recommendation: Staff seeks direction from the City Council on whether a Special Meeting should be scheduled to consider the adoption of a Resolution of Intent to transition to district-based elections and establish criteria for establishing such districts. Staff recommends the Special Meeting be scheduled for October 11, 2018 if the City Council wishes to consider a Resolution of Intent. Mr. Ennis gave the staff report. There were no speakers. MOTION: Mayor Parvin moved and Councilmember Mikos seconded a motion to schedule a special meeting for October 11, 2018 to consider a Resolution of Intent. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Councilmember Pollock moved and Councilmember Simons seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. Minutes of the City Council/Successor Agency Moorpark, California Page 6 October 3, 2018 A. Consider Warrant Register for Fiscal Year 2017/18 — October 3, 2018. Staff Recommendation: Approve the warrant register. B. Consider Minutes of Regular City Council/Successor Agency Meeting of September 5, 2018. Staff Recommendation: Approve the minutes. C. Consider Minutes of Regular City Council/Successor Agency Meeting of September 19, 2018. Staff Recommendation: Approve the minutes. D. Consider Request from the California Department of Rehabilitation 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 Department of Rehabilitation's Job Fair on October 11, 2018, and require that the Department of Rehabilitation pay the City's direct staff costs of approximately $45.00; and 2) Allow the Department of Rehabilitation to place directional signage at the Arroyo Vista Recreation Center and Community Park during the rental hours. E. Consider Amendment No.1 to Agreement with The Adjul Corporation dba Lee Construction Company for Additional Costs Related to the Detention Basin Sediment Removal in Landscape Maintenance District 22 (Moorpark Highlands) and Resolution Amending the Fiscal Year 2018/19 Budget to Fund the Additional Costs. Staff Recommendation: 1) Approve Amendment No. 1 to Agreement with The Adjul Corporation dba Lee Construction Company increasing the total contract amount to $222,761, and authorize the City Manager to sign the Amendment, subject to final language approval of the City Manager; and 2) Adopt Resolution No. 2018-3753 amending the Fiscal Year 2018/19 Budget to fund the additional contingency. ROLL CALL VOTE REQUIRED F. Consider Amendment No. 7 to Agreement Between the City of Moorpark and Stantec Consulting Services, Inc. for the Re-Design of the Princeton Avenue Improvement Project (C0020) and Resolution Amending the Fiscal Year 2018/19 Budget to Fund the Project. Staff Recommendation: 1) Approve Amendment No. 7 to the Agreement for Project (C0020) for an amount not to exceed $144,000; 2) Authorize the City Manager to execute Amendment No. 7, subject to final language approval by the City Manager; and 3) Adopt Resolution No. 2018-3754 to provide a budget line adjustment of $100,205 from account number 2014.311.00020.55200 (Infrastructures) to 2014.311.00020.55300 (Capital Professional Services). ROLL CALL VOTE REQUIRED Minutes of the City Council/Successor Agency Moorpark, California Page 7 October 3, 2018 11. ORDINANCES: (ROLL CALL VOTE REQUIRED) None. 12. CLOSED SESSION: Mr. Brown requested the City Council go into closed session for discussion of two cases under Item 12.A. and Item 12.B. on the agenda. MOTION: Councilmember Mikos moved and Mayor Parvin seconded a motion to adjourn to closed session fora discussion of two items under Item 12.A. and Item 12.B. on the agenda. The motion carried by unanimous voice vote. The time was 8:12 p.m. Present in closed session were Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin; Troy Brown, City Manager; Kevin Ennis, City Attorney; Deborah Traffenstedt, Assistant City Manager; and David Bobardt, Community Development Director. 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 - 2) B. 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 Mr. Bobardt left the meeting at 8:45 p.m. Maureen Benson, City Clerk, joined the meeting at this time, and Marguerite Leoni of Nielsen Merksamer Parrinello Gross & Leoni joined the meeting via conference call. The Council reconvened into open session at 9:22 p.m. Mr. Brown stated two cases under Item 12.A. and Item 12.B. were discussed and there was no action to report. Minutes of the City Council/Successor Agency Moorpark, California Page 8 October 3, 2018 13. ADJOURNMENT: Mayor Parvin adjourned the meeting at 9:24 p.m. igIc ice S. Parvin, Mayor ATTEST: 1,•£fr %..sbo iktriflOr,ini /PAW WIVE? WAII Maureen Benson, City Clerk 4 . • ' to 01111101 0 et, .o, . 4 e1/4, Co 4 —_,...