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HomeMy WebLinkAboutMIN 2019 1106 CC SA REG MINUTES OF THE CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Moorpark, California November 6, 2019 A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency was held on November 6, 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 6:36 p.m. 2. PLEDGE OF ALLEGIANCE: Ventura County Fire Department Division Chief Jeff Shea 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; Kambiz Borhani, Finance Director; Sean Corrigan, City Engineer/Public Works Director; Jeremy Laurentowski, Parks and Recreation Director; Karen Vaughn, Community Development Director; Douglas Spondello, Planning Manager; Brian Chong, Assistant to the City Manager; Shaun Kroes, Program Manager; Jessica Sandifer, Community Services Manager; Renee Meriaux, Building Official; Captain Victor Fazio, Sheriffs Department; and Ky Spangler, City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Introduction of New City Employee Malea R. Miller, Recreation Coordinator I, in the Parks, Recreation & Community Services Department. Mayor Parvin introduced new City employee Malea R. Miller, Recreation Coordinator I, in the Parks, Recreation & Community Services Department. Minutes of the City Council/Successor Agency Moorpark, California Page 2 November 6, 2019 5. PUBLIC COMMENT: Yuri Yurovski, a Moorpark resident spoke regarding the recent fires and power outages due to the Public Safety Power Shutoff program that Southern California Edison implemented during the fires, expressed concerns related to these power outage issues, and suggested that the City consider constructing an alternative power source. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA City Manager Brown announced that Consent Calendar Item 10.F. would be pulled for a minor revision to the resolution. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND MAYOR: Councilmember Pollock reported on October 3 he attended the Southern California Association of Governments Regional Council meeting and discussed how the Regional Housing Needs Assessment (RHNA) numbers will be allocated to the 191 cities member cities, and remarked on two alternative methodologies being presented. Councilmember Pollock reported on October 5 he participated in Country Days. Councilmember Pollock reported on October 10 he attended Navy League luncheon, presented certificates to the Sailors of the Year and celebrated the 244 birthday of U.S. Navy. Councilmember Pollock reported on October 14 he met with Congresswoman Jacqui Irwin and discussed the Regional Housing Needs Assessment process and commented City Manager Brown and Assistant to the City Manager Chong will be meeting with her again soon to discuss other City priorities. Councilmember Pollock reported he attended the League of California Cities Annual Conference in Long Beach from October 16-18 along with Councilmember Mikos, City Manager Brown and Assistant to the City Manager Chong. He remarked the Conference focused on housing as well as generational differences and dynamics of demographics delivering services, and noted that he has taken over as President of the Channel Counties region of the League of California Cities for the next two years. Councilmember Pollock reported on October 25 he attended a performance of the Little Mermaid at the High Street Arts Center. Minutes of the City Council/Successor Agency Moorpark, California Page 3 November 6, 2019 Councilmember Pollock remarked on the Easy Fire that occurred on October 30, and commented on the excellent job done by the first responders. Councilmember Pollock remarked that on October 31 Halloween Trick or Treating took place, in addition to the Maria Fire which broke out in Santa Paula. Councilmember Pollock reported on November 6 he attended the Ron Helus Highway Dedication. Councilmember Mikos reported on her participation in Country Days, and the Mammoth Run which took place at Arroyo Vista Park. Councilmember Mikos reported she attended the League of California Cities Conference and commented on the opening session keynote speaker John Martin and the future of cities and demographics. She expressed there was a strong focus at the event on the changing demographics, having a place and not a space, and technology. Councilmember Mikos discussed other sessions she attended, and leading California cities into the future. Councilmember Mikos reported on October 25 she attended a performance of the Little Mermaid. Councilmember Mikos reported on October 28 she attended the Santa Monica Mountains Conservancy Advisory Committee and Board meeting where they honored Jerry Daniel who has been on the committee since the 1980's and Fran Pavley will be assuming his seat. Councilmember Mikos extended thanks to first responders and City staff for their response to the Easy Fire. She suggested an after action report be presented at a future meeting such as suggested by the speaker, Mr. Yurovski and requested the consideration of implementing cell phone charging stations during power outages. Councilmember Mikos announced that the Council will hold a workshop on Los Angeles Avenue on November 13, and encouraged public attendance. Councilmember Mikos announced that a Moorpark Arts Master Plan visioning meeting is scheduled on November 18, and encouraged public attendance. Councilmember Mikos announced the Ventura County Board of Supervisors will hold a meeting in the Moorpark City Council Chamber on November 19 and industrial hemp will be discussed. Councilmember Enegren reported on October 5 he attended Country Days and the day after he attended the first Concert in the Park. Minutes of the City Council/Successor Agency Moorpark, California Page 4 November 6, 2019 Councilmember Enegren reported on November 5 he met with City Manager Brown and the folks that put on Holiday on High Street and discussed the upcoming event taking place on December 1. Councilmember Enegren extended thanks to first responders in response to the Easy Fire. Councilmember Simons reported: on October 4 he attended the Ventura County Transportation Commission meeting and provided an overview of the topics discussed; he extended thanks to Easy Fire first responders; he attended the Kiwanis Club annual fundraiser; he attended the Boys & Girls Club fundraiser; and attended the Moorpark Chamber of Commerce Mixer on November 5, 2019. Mayor Parvin encouraged attendance at the Ventura County Board of Supervisors meeting on November 19 to discuss the hemp issue or the City's meeting scheduled for November 20 as the Agricultural Commissioner will be in attendance. Mayor Parvin reported she participated in Clean Power Alliance Board of Directors meeting. Mayor Parvin announced she attended the closing ceremony of the senior Olympics. Mayor Parvin attended the Country Days parade and the chaired the Moorpark mammoth run. Mayor Parvin attended a fundraiser for Moorpark High School football. Mayor Parvin announced on October 12 she spoke at the City of Simi Valley's 50th Anniversary. Mayor Parvin participated in the Local Agency Formation Commission meeting. Mayor Parvin attended the Assistant to the City Manager's wedding shower. Mayor Parvin volunteered at the Boys & Girls Club's Golf Tournament. Mayor Parvin spoke with many residents regarding hemp odor and the Public Safety Power Shutoffs. Mayor Parvin participated in the Easy Fire press conference with the Fire Department. Mayor Parvin attended a Chamber Mixer at Hodges Orthodontics. Minutes of the City Council/Successor Agency Moorpark, California Page 5 November 6, 2019 Mayor Parvin participated in a Government relations meeting where they discussed the Easy Fire. Mayor Parvin suggested having a meeting to receive a debriefing of the Easy Fire and suggested Rudy Gonzales with Southern California Edison, attend the same meeting so he may relay what they learned. Mayor Parvin expressed concerns with incorrect use of generators. Mayor Parvin stated that tomorrow is the one-year anniversary of Borderline shooting and discussed the Helus' freeway dedication. Mayor Parvin announced the Ventura County Board of Supervisors meeting will be held at Moorpark City Hall on November 19 and the Agricultural Commissioner will present at the City Council meeting on November 20. Mayor Parvin thanked all the Easy Fire first responders. Councilmember Simons commented on Karen Helus and the Moorpark-Simi Valley Relay for Life event at the Simi Valley Town Center. City Manager Brown commented that the City is on record as objecting to the Public Safety Power Shutoff Program and have fought and lost the battle against the California Public Utilities Commission and the State. He indicated that the City is also impacted and that tomorrow he will be listening in on California Public Utilities Commission and investigation hearing taking place. 8. PUBLIC HEARINGS: A. Consider an Ordinance Adopting by Reference the 2019 Editions of the California Building Code, Volumes 1 and 2, with Appendices C, I and J, the California Residential Code, with Appendix H, the California Reference Standards Code, the California Electrical Code, the California Plumbing Code with Appendix H, the California Mechanical Code, the California Energy Code, the California Green Building Standards Code, the California Administrative Code, the 2018 Edition of the International Property Maintenance Code and the Twenty-First Edition of the Gypsum Association Fire Resistance Design Manual; Together with Amendments, Deletions and Penalties, and Amending Title 15 of the Moorpark Municipal Code; Making Findings that Amendments to the 2019 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, take testimony, and close the public hearing; and 2)Waive full reading and declare Ordinance No. 474 read for the second time and adopted as read; Minutes of the City Council/Successor Agency Moorpark, California Page 6 November 6, 2019 and 3) Direct staff to send the changes to the Code to the California Building Standards Commission. Ms. Vaughn gave the staff report. Mayor Parvin opened the public hearing. There were no speakers. Mayor Parvin closed the public hearing. There was no further discussion. City Attorney Ennis noted Mayor Parvin read the ordinance title of Ordinance No. 474. AN ORDINANCE OF THE CITY OF MOORPARK CALIFORNIA, ADOPTING BY REFERENCE THE 2019 EDITIONS OF THE CALIFORNIA BUILDING CODE, VOLUMES 1 and 2, WITH APPENDICES C, I AND J, THE CALIFORNIA RESIDENTIAL CODE, WITH APPENDIX H, THE CALIFORNIA REFERENCED STANDARDS CODE, THE CALIFORNIA ELECTRICAL CODE, THE CALIFORNIA PLUMBING CODE WITH APPENDIX H, THE CALIFORNIA MECHANICAL CODE, THE CALIFORNIA ENERGY CODE, THE CALIFORNIA GREEN BUILDING STANDARDS CODE, THE CALIFORNIA ADMINISTRATIVE CODE, THE 2018 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE AND THE TWENTY-FIRST EDITION OF THE GYPSUM ASSOCIATION FIRE RESISTANCE DESIGN MANUAL; TOGETHER WITH AMENDMENTS, DELETIONS AND PENALTIES, AND AMENDING TITLE 15 OF THE MOORPARK MUNICIPAL CODE; MAKING FINDINGS THAT AMENDMENTS TO THE 2019 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 MOTION: Mayor Parvin moved and Councilmember Pollock second to waive full reading and declare Ordinance No. 474 read for the second time and adopted as read; and direct staff to send the changes to the Code to the California Building Standards Commission. The motion carried by unanimous voice vote. Minutes of the City Council/Successor Agency Moorpark, California Page 7 November 6, 2019 B. Consider Report of Annual Review of a Development Agreement Between the City of Moorpark, Los Angeles Avenue LLC, and PEGH Investments LLC,; Introduction of an Ordinance Approving the First Amendment to the Development Agreement; and Adoption of a Resolution Granting Approval of Modification No. 2 to Industrial Planned Development Permit No. 2009-01 and Conditional Use Permit No. 2009-01 for a Five-Year Extension of Development Entitlements Associated with the Moorpark West Studios Development, on the Application of Ms. Valerie Draeger, Los Angeles Avenue, LLC. Staff Recommendation: 1) Receive a report of the annual Development Agreement review and deem the annual review process of the Development Agreement complete; and 2) Open the public hearing, accept testimony, and close the public hearing; and 3)Adopt Resolution No. 2019-3853 approving Modification No. 2 to IPD 2009-01 and CUP 2009-01 for a five-year time extension; and 4) Introduce for first reading Ordinance No. 475 for the First Amendment to the Development Agreement subject to final language approval of the City Manager and City Attorney, waive full reading, and direct staff to schedule November 20, 2019, for the purposes of providing second reading and adoption of the Ordinance. ROLL CALL VOTE REQUIRED Mr. Spondello gave the staff report. Mayor Parvin opened the public hearing. Ms. Valerie Draeger provided an update on the status of the project; commented on the timing of the initial project approval which occurred just prior to the recession; noted that the manner in which television and film production happens has changed and therefore they are reaching out to alternative media opportunities; and commented that some project work has been conducted although challenges have been experienced with Caltrans and Southern California Edison. Councilmember Mikos asked for confirmation that this project is further along than any other movie studio project which Ms. Draeger acknowledged. The five-year extension would allow for greater certainty for possible investors. Councilmember Mikos noted that original approvals provided for extension of entitlement permits. Councilmember Simons commented on the storm drain and road design and noted that there a number of processes that have taken place that may not be evident to the public. Councilmember Enegren inquired about how the changing media production may change the project; Ms. Draeger commented that it appears that more, not fewer, soundstages are needed with the changes in production. Minutes of the City Council/Successor Agency Moorpark, California Page 8 November 6, 2019 The one speaker card received from George Gabriel was withdrawn and comments were declined. Mayor Parvin closed the public hearing. There was no further discussion. Mr. Ennis read the title of Ordinance No. 475. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MOORPARK, LOS ANGELES AVENUE LLC, AND PEGH INVESTMENTS, LLC MOTION: Councilmember Mikos moved and Mayor Parvin seconded a motion to introduce for first reading Ordinance No. 475 for the First Amendment to the Development Agreement subject to final language approval of the City Manager and City Attorney, waive full reading, and direct staff to schedule November 20, 2019, for the purposes of providing second reading and adoption of the Ordinance. The motion carried by unanimous roll call vote. MOTION: Councilmember Mikos moved and Mayor Parvin seconded a motion to receive a report of the annual Development Agreement review and deem the annual review process of the Development Agreement complete and adopt Resolution No. 2019-3853 approving Modification No. 2 to IPD 2009-01 and CUP 2009-01 for a five-year time extension; and introduce for first reading Ordinance No. 475 for the First Amendment to the Development Agreement subject to final language approval of the City Manager and City Attorney, waive full reading, and direct staff to schedule November 20, 2019, for the purposes of providing second reading and adoption of the Ordinance. The motion carried by unanimous voice vote. 9. PRESENTATION/ACTION/DISCUSSION: A. Presentation by Interim Moorpark College President, Dr. Julius Sokenu, on Moorpark College. Dr. Sokenu gave the presentation. There were no speakers. A discussion followed among the Councilmembers, the presenter, and staff focusing on: 1) Moorpark College being an economic benefit to the community and the suggestion to coordinate, collaborate, and communicate to enrich local businesses and the community; 2) Work- based learning, internships, and job shadowing opportunities to have Moorpark College students gain work experience and competency; Minutes of the City Council/Successor Agency Moorpark, California Page 9 November 6, 2019 3) How the college is getting the word out about the activities and encourages service in organizations; 4) Career Week and Career Expo is held in March; 5) Councilmember Pollock commented on being a Moorpark College success story; and 6) Referred to the Exotic Animal Training and Management Program and the upcoming evening fundraiser event. B. Consider Resolution Establishing Fares for City Transit Services and Rescinding Resolution No. 2015-3414. Staff Recommendation: Adopt Resolution No. 2019-3854, rescinding Resolution No. 2015-3414. Mr. Kroes gave the staff report. Mr. Kroes provided clarification with regard to Section 7 of the resolution and noted it is a complementary Americans with Disabilities Dial-a-Ride service; and it is not complimentary as in free. There were no speakers. MOTION: Councilmember Pollock moved and Councilmember Enegren seconded a motion to adopt Resolution No. 2019-3854, rescinding Resolution No. 2015-3414. The motion carried by unanimous voice vote. C. Consider Agreement with Kiwanis Club of Moorpark to Display Banners on Streetlight Poles within the City of Moorpark. Staff Recommendation: Approve Agreement with Kiwanis Club of Moorpark to display banners on streetlight poles within the City of Moorpark, and authorize City Manager to sign the Agreement, subject to final language approval of the City Manager. Ms. Sandifer gave the staff report. A discussion followed among the Councilmembers and staff focusing on: 1) The actual cost of hanging the banners and the manner to pay for the program; 2) The sustainability of the banner program; 3) Kiwanis Club's extensive research on the cost of program; the requester would pay for the purchase of the banner and the Kiwanis Club can receive donations as a 501c3 to manage the program; 4) The City's purchase of streetlights will help streamline and expand of program to additional street locations; 5) Response time from the Kiwanis Club to get the banners back to the recipient families; and 6) The utilization of the City's tree maintenance contractors. Mark Van Dam, Kiwanis Club member representative, spoke in support of the nine year old program, stated it was started by the American Legion, noted the initial location on Spring Road was problematic due to wind and Minutes of the City Council/Successor Agency Moorpark, California Page 10 November 6, 2019 that the goal is to have banners returned to the purchasers when they are removed. He stated that the actual cost to install each banner is approximately $250.00 and it includes the banner, mounting brackets, and installation and the Kiwanis Club can now take donations to cover the costs. Mr. Van Dam clarified that purchasing the banners is not a donation. He also stated that there are other local organizations interested in participating and the goal is to have 10 banners per installation. Additionally, he remarked that the Moorpark Kiwanis Club and the City of Moorpark are not the only entities interested in supporting this program commenting the Morning Rotary, Noontime Rotary and the Women's Fortnightly have all expressed interest, potentially by creating a scholarship fund for those who may not have the ability to pay the full cost of the banner. The Banner Program is to honor the service of military personnel who went to school in Moorpark or currently live in Moorpark. Mr. Van Dam indicated they have a Facebook page, a website: moorparkmilitarybanners.com and expressed phone calls and emails are always returned. MOTION: Mayor Parvin moved and Councilmember Mikos seconded a motion to approve an Agreement with Kiwanis Club of Moorpark to display banners on streetlight poles within the City of Moorpark, and authorize City Manager to sign the Agreement, subject to final language approval of the City Manager. The motion carried by unanimous voice vote. D. Consider Agreement with Magellan Advisors, LLC. for Development of a Broadband Strategic Plan and Consider a Resolution Amending the City's Fiscal Year 2019/20 Budget. Staff Recommendation: 1) Approve Agreement with Magellan Advisors, LLC. for preparation of a Broadband Strategic Plan, subject to final language approval of the City Manager; and 2) Adopt Resolution No. 2019-3855 amending the FY 2019/20 budget to fund preparation of a Broadband Strategic Plan. ROLL CALL VOTE REQUIRED Mr. Chong gave the staff report. A discussion followed among the Councilmembers and staff focusing on: 1) The Magellan Advisors proposal was far better than that from the other proposer; 2) On the synergies with the County of Ventura because it is using the same consultant; and 3) The City needs to enhance existing protocols which will provide a long-term benefit to the City. There were no speakers. Magellan Advisors' Consultant Jory Wolf commented that the firm is excited about the opportunities that this will bring for the City. Minutes of the City Council/Successor Agency Moorpark, California Page 11 November 6, 2019 MOTION: Councilmember Pollock moved and Councilmember Mikos seconded a motion to 1) Approve Agreement with Magellan Advisors, LLC. for preparation of a Broadband Strategic Plan, subject to final language approval of the City Manager; and 2) Adopt Resolution No. 2019-3855 amending the FY 2019/20 budget to fund preparation of a Broadband Strategic Plan. The motion carried by unanimous roll call vote. 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) The following item was pulled for individual consideration: F. Consider Resolution Ratifying Chapter 9 of Ventura County Fire Protection District Ordinance No. 31, Pertaining to Building Standards for Application within the Jurisdictional Boundaries of the City of Moorpark, and Rescinding Resolution No. 2016-3552. Staff Recommendation: Adopt Resolution No. 2019-3856, ratifying Chapter 9 of Ventura County Protection District Ordinance No. 31, pertaining to building standards for application within the jurisdictional boundaries of the City of Moorpark and rescinding Resolution No. 2016-3552. ROLL CALL VOTE REQUIRED Mr. Brown clarified he pulled this item to revise the language on stamped page 257, to designate the person that will enforce the Ordinance by adding the following to the end of Section 1: "and delegates enforcement of the Ordinance to the Chief of the Fire Department". MOTION: Mayor Parvin moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2019-3856, as amended, adding the delegation of enforcement of the Ordinance. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Councilmember Mikos moved and Councilmember Pollock seconded a motion to approve the Consent Calendar with the exception of Item 10.F, which was pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Warrant Register for Fiscal Year 2019/20 — November 6, 2019. Staff Recommendation: Approve the warrant register. B. Consider Resolution Amending the Fiscal Year 2019/20 Budget for Assistant City Manager Recruitment Services and Approve an Agreement with Peckham & McKenney, Inc. Staff Recommendation: Adopt Resolution No. 2019-3857, amending the Fiscal Year 2019/20 Budget for Assistant City Manager recruitment services; and 2) Approve an Agreement with Peckham & McKenney, Inc. for Assistant City Manager recruitment services, subject to final language approval by the City Manager. ROLL CALL VOTE REQUIRED Minutes of the City Council/Successor Agency Moorpark, California Page 12 November 6, 2019 C. Consider Resolution Amending the Conflict of Interest Code of the City of Moorpark and Rescinding Resolution No. 2017-3619. Staff Recommendation: Adopt Resolution No. 2019-3858, rescinding Resolution No. 2017-3619. ROLL CALL VOTE REQUIRED D. Consider Resolution Authorizing the Destruction of City Records (Unsuccessful Bidders' Bids and Proposals Files from 2006 to 2016) on File in the City Manager's Office. Staff Recommendation: Adopt Resolution No. 2019-3859. ROLL CALL VOTE REQUIRED E. Consider Resolution Adopting a Revised Management Benefits Program and Rescinding Resolution No. 2019-3816. Staff Recommendation: 1) Adopt Resolution No. 2019-3860, rescinding Resolution No. 2019-3816. ROLL CALL VOTE REQUIRED G. Consider Resolution Amending the Fiscal Year 2019/20 Budget for Purchase of Landscape Maintenance District (LMD) Division Vehicle. Staff Recommendation: Adopt Resolution No. 2019-3861amending the Fiscal Year 2019/20 Budget in the amount of $19,000.00 from the Vehicle Replacement Fund (3009) to purchase replacement truck for the LMD Division. ROLL CALL VOTE REQUIRED H. Consider Authorization for Recordation of the Notice of Completion for Demolition of 136 First Street and Release of Bonds in Accordance with the Contract. Staff Recommendation: 1) Authorize the City Clerk to file the Notice of Completion; and 2) Authorize release of the Performance Bond and Payment Bond (Number CMGP0002498) as outlined in the agenda report. I. Consider Authorization for Recordation of the Notice of Completion for Tierra Rejada Road Median Island Improvements Project and Release of Bonds in Accordance with the Contract. Staff Recommendation: 1) Authorize the City Clerk to file the Notice of Completion, and 2) Authorize release of the Performance Bond and Payment Bond (Number RCB0021535) as outlined in the agenda report. 11. ORDINANCES: (ROLL CALL VOTE REQUIRED) None. 12. CLOSED SESSION: None. Minutes of the City Council/Successor Agency Moorpark, California Page 13 November 6, 2019 13. ADJOURNMENT: MOTION: Mayor Parvin moved and Councilmember Mikos seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 8:24 p.m. 4414114/1 ice S. Parvin, Mayor ATTEST: aK cq O rP0inimir 41\ �og2 Ky Span r, ity C kr �