HomeMy WebLinkAboutAGENDA REPORT 2019 0403 REG CCSA ITEM 10BCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of April 03, 2019
ACTION Consensus to Pull
Item 10.B. for the Next Agenda.
BY B.Garza
B. Consider Minutes of Regular City Council/Successor Agency Meeting of March
20, 2019. Staff Recommendation: Approve the minutes.
Item: 10.B.
MINUTES OF THE CITY COUNCIL AND
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK
Moorpark, California March 20, 2019
A Regular Meeting of the City Council of the City of Moorpark and the Successor
Agency was held on March 20, 2019, 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 6:35 p.m.
2. PLEDGE OF ALLEGIANCE:
Captain John Reilly, Sheriff’s Department, led the Pledge of Allegiance.
3. ROLL CALL:
Present:Councilmembers Enegren, Mikos, Pollock, Simons, and
Mayor Parvin.
Staff Present: Troy Brown, City Manager; Kevin Ennis, City Attorney;
Deborah Traffenstedt, Assistant City Manager; Ron Ahlers,
Finance Director; Jeremy Laurentowski, Parks and
Recreation Director; Sean Corrigan, City Engineer/Public
Works Department; Karen Vaughn, Community
Development Director; Brian Chong, Assistant to the City
Manager; Hollee King, Planning Manager; Captain John
Reilly, Sheriff's Department; and Maureen Benson, City
Clerk.
4.PROCLAMATIONS AND COMMENDATIONS:
A.Introduction of New City Employee Philip Neumann, Planning Technician,
in the Community Development Department
Mayor Parvin introduced new City employee Philip Neumann, Planning
Technician in the Community Development Department.
5. PUBLIC COMMENT:
None.
Item: 10.B.
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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(Pursuant to Council Rules of Procedure, Section 2.9, Items to be withdrawn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.)
CONSENSUS: It was the unanimous consensus of the Council to hear Item 9.A. prior
to Item 8.A. on the agenda at the request of Mayor Parvin.
CONSENSUS: It was the unanimous consensus of the Council to pull Item 10.C. from
the Consent Calendar for individual consideration upon the request of Councilmember
Pollock.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
Councilmember Mikos reported on March 8 she had attended the Channel
Counties dinner in Carpinteria for the League of Cities with Councilmember
Pollock and Troy Brown.
Councilmember Mikos reported from March 10-12 she attended the City Launch
2019 Conference in San Diego with Councilmember Simons, Troy Brown, Atanas
Beltchev, and Brian Chong.
Councilmember Mikos reported on March 16 she had participated in the 5K
Run/Walk at Arroyo Vista Community Park benefiting Ruben Castro Charities.
Councilmember Pollock reported having attended the Channel Counties Division
meeting in Carpinteria on March 8 and announced the City of Moorpark will be
hosting the next meeting in September when he will be taking over as Division
President.
Councilmember Pollock reported on March 7 he attended the Southern California
Association of Governments Regional Council meeting in Los Angeles.
Councilmember Pollock reported on March 13 he had lectured students at
California State University Channel Islands on state and local government.
Councilmember Pollock reported on March 14 he attended the Navy League
Conference’s 77th Anniversary Celebration at the naval base in Ventura County
where he presented a Certificate of Recognition signed by the Council to
Equipment Operator First Class David Marler, as the United States Navy Seabee
of the Year.
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Councilmember Pollock reported on March 19 he attended a standing committee
meeting for the Ventura County Air Pollution Control District Board.
Councilmember Simons reported he had attended the City Launch 2019
Conference with Councilmember Mikos, Troy Brown, Atanas Beltchev, and Brian
Chong.
Mayor Parvin announced the 2020 Census is coming to Moorpark and
community involvement is needed to join the Complete Count Committee.
Mayor Parvin announced in celebration of Women’s History Month the Moorpark
City Library is having their first Remarkable Women of Moorpark event on March
23rd, and on March 26th there will be a book signing event for local author Kim
Simons.
Mayor Parvin announced on March 26th the Moorpark Chamber of Commerce
will be hosting the Annual State of the City at the Moorpark Country Club.
Mayor Parvin reported she had attended: Ventura County Sheriff Ayub’s Law
Enforcement Update; a Board meeting of the Clean Power Alliance, a
Government Relations meeting; the American Legion Post 502 100 Year
Celebration of the American Legion with a barbecue at Poindexter Park; and the
Local Agency Formation Commission meeting at the Government Center in
Ventura.
AT THIS POINT in the meeting Item 9.A. was heard.
9. PRESENTATION/ACTION/DISCUSSION:
A. Presentation by Superintendent Dr. Kelli Hays on the State of Moorpark
Unified School District.
Dr. Kelli Hays gave a presentation on the state of Moorpark Unified School
District.
8. PUBLIC HEARINGS:
A. Public Hearing to Receive Public Comments on, and Consider First
Reading and Introduction of, Revised Ordinance No. 467, an Ordinance of
the City of Moorpark, California, Providing for the Election of City
Councilmembers by Districts with an At-Large Elected Mayor, Establishing
the Boundaries and Identification Number of Each District, Establishing
the Election Order of Each District, Amending Chapter 2.08 (“Municipal
Elections”) of the Moorpark Municipal Code, and Making a Determination
of Exemption Pursuant to the California Environmental Quality Act. Staff
Recommendation: 1) Open the public hearing and receive public
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comments, close the public hearing, waive full reading, and introduce
revised Ordinance No. 467 for first reading by title only; and 2) Direct staff
to advertise and schedule a public hearing for the regular City Council
meeting on April 3, 2019 to consider second reading and adoption of
revised Ordinance No. 467.
Ms. Traffenstedt gave the staff report.
Mayor Parvin opened the public hearing.
Pamela Castro, a Moorpark resident, expressed her gratitude for securing
the downtown history by including the Virginia Colony, Everett Street, and
Charles Street in District 4.
Alejandro Castro, a Moorpark resident, echoed the previous speaker and
thanked the City Council for considering Map 401b for the Downtown
District 4.
Diane Walters, a Moorpark resident requested a full public debate on
allowing District 3 to be considered for the 2020 election sequence. She
requested the proposed ordinance note the process for a special election
if needed in 2020 should be in District 3 to fill an at-large City Council
opening.
Linda Demyan, a Moorpark resident residing in District 3 of Map 401b
summarized the California Voting Rights Act adopted in 2002 and stated
the Council could have avoided this lawsuit by choosing to voluntarily
moving to districts at any time since then. She spoke in support of Map
401b; however, she requested reconsideration of a random drawing to
include District 3 for election sequencing in 2020.
Monica Savic, a Moorpark resident, spoke in support of Map 401b;
however, she stated District 3 should be included in the 2020 election.
In response to Mayor Parvin, Ms. Benson summarized a Writt en
Statement Card from Robert Demyan in support of Map 401b, and
requesting reconsideration of district sequencing for 2020 to include either
Districts 3 and 4, or a random drawing of Districts 1, 2, and 3.
Mayor Parvin closed the public hearing.
A discussion followed among the Councilmembers which focused on: 1)
Map 401b does not represented Moorpark as it is today, since it is based
on old census data; 2) The Council represents the entire City not just
certain areas; 3) There will still be 3 at-large members of the City Council
after the 2020 election; 4) It will still take three votes of the entire Council
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to pass anything, so the full Council has to work together for the good of
the whole City; and 5) New census maps will be created following the next
census, and this process of considering district boundaries will be revisited
and become more representative.
Mr. Ennis read the title of Ordinance No. 467.
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, PROVIDING FOR THE ELECTION OF
CITY COUNCILMEMBERS BY DISTRICTS WITH AN
AT-LARGE ELECTED MAYOR, ESTABLISHING THE
BOUNDARIES AND IDENTIFICATION NUMBER OF
EACH DISTRICT, ESTABLISHING THE ELECTION
ORDER OF EACH DISTRICT, AMENDING CHAPTER
2.08 (“MUNICIPAL ELECTIONS”) OF THE MOORPARK
MUNICIPAL CODE, AND MAKING A DETERMINATION
OF EXEMPTION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
MOTION: Councilmember Simons moved and Councilmember Enegren
seconded a motion to waive full reading, and introduce revised Ordinance No.
467 for first reading by title only; and 2) Direct staff to advertise and schedule a
public hearing for the regular City Council meeting on April 3, 2019 to consider
second reading and adoption of revised Ordinance No. 467. The motion carried
by roll call vote 4-1, Councilmember Mikos dissenting.
Councilmember Mikos stated per Section 4.3 of the Council Rules she
requests for the record and to be part of the minutes for this item that:
“There were two distinct elements to this ordinance, just passed for first
reading tonight: 1) the approval of Map 401b as the official four-district
map for Moorpark’s first “by district” election; and 2) the approval of
election sequencing of two districts in 2020 (District 4, the one with the
“protected class majority”; and District 2, Mr. Simons’ district) with the
other two districts waiting till 2022. Let me emphasize: I heartily support
Map 401b and am pleased that the Council reconsidered the weaker map
401a at the last meeting to strengthen the voting power of the “protected
class” in District 4 to include more of the historical downtown. This is an
excellent outcome that is good for all. However, by not reconsidering
election sequencing when they had a chance, Mr. Simons, Mr. Enegren,
and Mrs. Parvin have shown what many may view as a surprising
favoritism toward Simons, and bias against the voters in both the
overlooked District 3 and the voters in District 1. The Council agreed
unanimously to sequence District 4 in 2020—as it should have. To deem
Mr. Simons’ District more worthy than any of the other two districts was
done for dubious reasons, by having three people artificially impose term
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limits when voters have yet to be allowed to even vote on term limits.
Voter rights are paramount. When voters elected each of us, they did not
do so with the intent of giving up any of their voting rights to only three of
us, instead of keeping their own voting rights—even in this very unusual
situation. Each district deserved to have a “chance” to field a candidate
for City Council in 2020, but were denied that chance. In my humble
opinion, what the majority of this Council decided with sequencing lacked
fairness, inclusiveness, and even common sense. I strongly believe that
while the decision is legal, it was unethical. And for that reason, I could
not condone it, so as a matter of principle, I had to vote no on the
ordinance. As one of the speakers from District 3 said last time, “I’ll get
over it, and we will move on.” And yes, I will too. But all of us will
remember…decisions do have consequences. So I ask everyone in
Moorpark, especially those who may feel overlooked or disenfranchised,
how might you be empowered by what has happened during this process
to be a force for good in our community? It is my hope that this decision
will empower voters in all districts to pay attention, and to become more
involved in the public’s business. We need you, and I stand ready to
help.”
Councilmember Simons stated he did not think they were dubious and
thanked Councilmember Mikos for her participation which is appreciated
as it always has been.
9. PRESENTATION/ACTION/DISCUSSION:
B. Consider Adoption of the City’s 2019 Legislative Platform . Staff
Recommendation: Review and adopt the draft 2019 Legislative Platform.
Mr. Chong gave the staff report.
Councilmember Mikos requested for clarification that on stamped page 25
the wording of Item 7.3 be broken into subsets A, B, and C. to emphasize
the meaning.
There were no speakers.
MOTION: Councilmember Mikos moved and Mayor Parvin seconded a motion to
adopt the draft 2019 Legislative Platform, as amended for stamped page 25.
The motion carried by unanimous voice vote.
C. Consideration of the City of Moorpark 2018 General Plan Annual Report
Including the Housing Element Progress Report. Staff Recommendation:
1) Receive and file the report; and 2) Direct staff to forward the 2018
Annual Element Progress Report - Housing Element Implementation to
the Governor's Office of Planning and Research, the California
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Department of Housing and Community Development, and the Ventura
County Planning Division.
Ms. King gave the staff report and explained the supplemental agenda
report that incorporates revised tables.
There were no speakers.
A discussion among the Councilmembers and staff focused on: 1) Being
active and engaged early in the Southern California Association of
Governments’ process for the Regional Housing Needs Assessment
(RHNA) cycle to deal with the disparity between the numbers for the City
of Thousand Oaks versus the City of Moorpark; 2) The City is nearing
build-out, but there will always be a need to increase housing density; 3)
Running out of land for building; 4) The 2016 General Plan Amendment
that was approved by the SOAR Measure E ordinance for the urban
restriction boundary needs to be reflected in the report; and 5) How
Senate Bill 35 Streamlining Provision affects the City?
MOTION: Councilmember Simons moved and Mayor Parvin seconded a motion
to receive and file the report, including the supplemental agenda report and direct
staff to forward the 2018 Annual Element Progress Report - Housing Element
Implementation to the Governor's Office of Planning and Research, the California
Department of Housing and Community Development, and the Ventura County
Planning Division, as amended on stamped pages 29 and 31 to include the 2016
Measure E information, which reaffirmed the urban restriction boundary. The
motion carried by unanimous voice vote.
D. Consider Introduction of Ordinance Amending Section 2.04.010 (Meetings
–Time) of Chapter 2.04 (City Council) of Title 2 (Administration and
Personnel) of the Moorpark Municipal Code Setting the Start Time of 6:30
p.m. for Regular Council Meetings and Adopting a Revised City Council
Rules Resolution to Reference the Moorpark Municipal Code Section
2.04.10 for Meeting Start Time and Rescinding Resolution No. 2017-3618.
Staff Recommendation: 1) Introduce Ordinance No. 470 for first reading in
title only, waive full reading, and place this ordinance on the agenda for
April 3, 2019, for purposes of providing second reading and adoption of
the ordinance; and 2) Adopt City Council Rules Resolution No. 2019-3798,
rescinding Resolution No. 2017-3618.
Ms. Benson gave the staff report.
There were no speakers.
Mr. Ennis read the title of Ordinance No. 470.
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MOTION: Councilmember Pollock moved and Mayor Parvin seconded a motion
to introduce Ordinance No. 470 for first reading in title only, waive full reading,
and place this ordinance on the agenda for April 3, 2019, for purposes of
providing second reading and adoption of the ordinance. The motion carried by
voice vote 4-1, Councilmember Mikos dissenting.
MOTION: Mayor Parvin moved and Councilmember Pollock seconded a motion
to adopt City Council Rules Resolution No. 2019-3798, rescinding Resolution No.
2017-3618 upon the effective date of Ordinance No. 470. The motion carried by
voice vote 4-1, Councilmember Mikos dissenting.
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Simons moved and Councilmember Enegren seconded a
motion to approve the Consent Calendar with the exception of Item 10.C, which was
pulled for individual consideration. The motion carried by unanimous roll call vote.
A. Consider Warrant Register for Fiscal Year 2018-19 – March 20, 2019.
Staff Recommendation: Approve the warrant register.
B. Consider Extension of Moorpark Girls Softball (MGS) Allotted Tournament
Days for the Purpose of Hosting a USA Softball Western National
Championship Tournament. Staff Recommendation: 1.) Approve a one-
time extension of the maximum number of days allotted for a single
tournament from four (4) to seven (7) days for use under MGS’s
Agreement for the USA-SC Western National Championships tournament
scheduled for July 22-28, 2019; and 2.) Allow MGS, in conjunction with
USA-SC, to display a tear drop banner at the Arroyo Vista Community
Park entrance for the purpose of event promotion and location recognition
for out of town participants.
D. Consider Resolution Amending the Fiscal Year 2018-19 Budget for City
Finance Director Recruitment Services and Approve an Agreement with
Ralph Andersen & Associates. Staff Recommendation: 1) Adopt
Resolution No. 2019-3799, amending the Fiscal Year 2018-19 Budget for
the Finance Director recruitment services; and 2) Approve an Agreement
with Ralph Andersen & Associates for Finance Director recruitment
services, subject to final language approval by the City Manager. ROLL
CALL VOTE REQUIRED
E. Consider Cooperative Agreement with the Ventura County Transportation
Commission for Administration of Funds from the Proposition 1B Public
Transportation Modernization, Improvement and Service Enhancement
Account. Staff Recommendation: Approve Cooperative Agreement with
the Ventura County Transportation Commission for administration of funds
from the Proposition 1B Public Transportation Modernization,
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Improvement and Service Enhancement Account and authorize the Mayor
to execute the Agreement, subject to final language approval of the City
Manager and City Attorney.
The following item was pulled for individual consideration.
C. Consider Authorizing Negotiation of a Lease of a Portion of Poindexter
Park to Los Angeles SMSA Limited Partnership dba Verizon Wireless for a
Wireless Communication Facility. Staff Recommendation: Authorize City
Manager to sign Notice of Intent and negotiate a lease agreement with
Los Angeles SMSA Limited Partnership, dba Verizon Wireless for a
wireless communication facility at Poindexter Park, with lease agreement
and final design plans to be brought back to the City Council for final
approval.
Councilmember Pollock stated he pulled this item so he could abstain due
to a conflict.
In response to Councilmember Mikos, Mr. Brown stated staff would
investigate the possibility of having the applicant install a stub out for fiber.
MOTION: Councilmember Mikos moved and Mayor Parvin seconded a motion to
authorize City Manager to sign Notice of Intent and negotiate a lease agreement
with Los Angeles SMSA Limited Partnership, dba Verizon Wireless for a wireless
communication facility at Poindexter Park, with lease agreement and final design
plans to be brought back to the City Council for final approval. The motion
carried by voice vote 4-0, Councilmember Pollock abstaining.
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
A. Consider Ordinance No. 468 Approving Zone Change No. 2013-02, for a
Change of Zoning from RE (Rural Exclusive) and RE-5ac (Rural
Exclusive-5 Acre Minimum) to Residential Planned Development (RPD-
8u) on 49.52 Acres North of Casey Road and West of Walnut Canyon
Road. Staff Recommendation: Waive full reading, declare Ordinance No.
468 read for the second time, and adopted as read. ROLL CALL VOTE
REQUIRED
Mr. Ennis read the title of Ordinance No. 468.
MOTION: Councilmember Mikos moved and Mayor Parvin seconded a motion to
waive full reading, declare Ordinance No. 468 read for the second time, and
adopted as read. The motion carried by unanimous roll call vote.
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B. Consider Ordinance No. 469 Approving Development Agreement No.
2013-01 by and between the City of Moorpark and Grand Pacific Asset 2
LLC for General Plan Amendment No. 2013-02, Zone Change No. 2013-
02, and Residential Planned Development No. 2013-01, a 390-Unit Senior
Community on 49.52 Acres North of Casey Road and West of Walnut
Canyon Road. Staff Recommendation: Waive full reading, declare
Ordinance No. 469 read for the second time, and adopted as read. ROLL
CALL VOTE REQUIRED
Mr. Ennis read the title of Ordinance No. 469.
MOTION: Councilmember Mayor Parvin moved and Councilmember Pollock
seconded a motion to waive full reading, declare Ordinance No. 469 read for the
second time, and adopted as read. The motion carried by unanimous roll call
vote.
12. CLOSED SESSION:
None was held.
13. ADJOURNMENT:
MOTION: Mayor Parvin moved and Councilmember Mikos seconded a motion to
adjourn. The motion carried by unanimous voice vote. The time was 8:34 p.m.
Janice S. Parvin, Mayor
ATTEST:
Deborah Traffenstedt
Assistant City Manager/City Clerk
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