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HomeMy WebLinkAboutAGENDA REPORT 2019 0417 REG CCSA ITEM 10BCITY OF MOORPARK, CALIFORNIA City Council Meeting of April 17, 2019 ACTION Approved Staff Recommendation. 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. 55 Minutes of the City Council/Successor Agency Moorpark, California Page 2 March 20, 2019 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 REORDERING OF, AND ADDITIONS TO, THE AGENDA (Pursuant to Council Rules of Procedure, Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.)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. 56 Minutes of the City Council/Successor Agency Moorpark, California Page 3 March 20, 2019 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 57 Minutes of the City Council/Successor Agency Moorpark, California Page 4 March 20, 2019 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 Written 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 58 Minutes of the City Council/Successor Agency Moorpark, California Page 5 March 20, 2019 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 59 Minutes of the City Council/Successor Agency Moorpark, California Page 6 March 20, 2019 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 thanked Councilmember Mikos and stated I’m not sure we are dubious, I appreciate your comments but that is one person’s opinion, and we do want participation and we always have. 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 60 Minutes of the City Council/Successor Agency Moorpark, California Page 7 March 20, 2019 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. 61 Minutes of the City Council/Successor Agency Moorpark, California Page 8 March 20, 2019 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, 62 Minutes of the City Council/Successor Agency Moorpark, California Page 9 March 20, 2019 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. 63 Minutes of the City Council/Successor Agency Moorpark, California Page 10 March 20, 2019 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 64