HomeMy WebLinkAboutMIN 2013 0904 CC SA REG MINUTES OF THE MEETINGS OF THE MOORPARK CITY COUNCIL AND
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK ("SUCCESSOR AGENCY")
Moorpark California September 4, 2013
A Regular Meeting of the City Council of the City of Moorpark and the Successor
Agency was held on September 4, 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 7:19 p.m.
2. PLEDGE OF ALLEGIANCE:
C.J. Walker and Hunter Maier of Boy Scout Troop 604 led the Pledge of
Allegiance.
3. ROLL CALL:
Present: Councilmembers Mikos, Millhouse, Van Dam, and Mayor
Parvin.
Absent: Councilmember Pollock.
Staff Present: Steven Kueny, City Manager; Kevin Ennis, City Attorney;
Hugh Riley, Assistant City Manager; Deborah Traffenstedt,
Deputy City Manager; Ron Ahlers, Finance Director; David
Bobardt, Community Development Director; David Klotzle,
City Engineer/Public Works Director; Jeremy Laurentowski,
Parks and Recreation Director; Joseph Fiss, Principal
Planner; Joe Vacca, Principal Planner; David Moe,
Redevelopment Manager; Captain Wade, Sheriff's
Department; and Maureen Benson, City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Introduction of New City Employee Emilio Blanco, Landscape/Parks
Maintenance Superintendent in the Parks, Recreation and Community
Services Department.
Mayor Parvin introduced new City employee, Emilio Blanco,
Landscape/Parks Maintenance Superintendent, in the Parks, Recreation
and Community Services Department.
Minutes of the City Council/Successor Agency
Moorpark, California
Page 2 September 4, 2013
B. Introduction of Jo Rolfe New Librarian with the Moorpark City Library.
Mayor Parvin introduced new Moorpark City Librarian, Jo Rolfe of Library
Science Services Inc. (LSSI).
5. PUBLIC COMMENT:
Richard Gray, a Moorpark businessman, congratulated the City on its 30th
Anniversary; but stated the City is not developer friendly as indicated by
expenses to developers and inconsistent rules and enforcement practices.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
CONSENSUS: It was the consensus of the Council to pull Item 9.C. from Presentation
Action Discussion and Item 10.U. from the Consent Calendar for individual
consideration.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
Councilmember Mikos encouraged the public to attend the opening night of
melodrama at the High Street Arts Center's on September 6.
Councilmember Mikos reported on having attended a gala at the Walnut Grove in
the Tierra Rejada Valley.
Councilmember Mikos requested the Council adjourn in memory of Moorpark's
first Mayor, Leta Yancy-Sutton. She expressed condolences to the Sutton family
and announced the memorial services would be September 7 at the Methodist
Church on Flory Street at 11 :00 a.m.
Councilmember Mikos reported an Eagle Scout ceremony would be held on
September 11 to dedicate a special bench near the 9/11 memorial in the
Mountain Meadows shopping center.
Councilmember Van Dam thanked Captain Wade and staff for assisting with
gaining the School Resource Officer resulting from the agreement between the
City of Moorpark and County of Ventura.
Councilmember Millhouse requested Item 10.M. be pulled from the Consent
Calendar for individual consideration.
CONSENSUS: It was the consensus of the Council to pull Item 10.M. from the Consent
Calendar for individual consideration.
Minutes of the City Council/Successor Agency
Moorpark, California
Page 3 September 4, 2013
Mayor Parvin announced the meeting would be adjourned in memory of
Moorpark's first Mayor, Leta Yancy-Sutton.
Mayor Parvin announced a Free Landfill Day will be held on Sunday, September
15, at the Simi Valley Landfill and Recycling Center located at 2801 Madera
Road in Simi Valley.
Mayor Parvin announced the City will host a free electronic waste collection and
secure paper shredding event on Saturday, September 21, at the Moorpark
Public Services Facility located at 627 Fitch Avenue.
Mayor Parvin announced new public transit hours are now effective. Moorpark
City Transit's bus service now operates from 5:00 a.m. to 8:00 p.m. Monday
through Friday. A new bus route is also available on Saturday, from 8:00 a.m. to
5:00 p.m. Seniors and registered ADA card holders can also use the City's Dial-
A-Ride program for origin to destination transportation in Moorpark from 5:00
a.m. to 8:00 p.m. Monday through Friday and on the weekends from 8:00 a.m. to
5:00 pm. ADA card holders can also travel outside of the City from 6:00 a.m. to
6:00 p.m. Monday through Friday and 8:00 a.m. to 5:00 p.m. Saturday and
Sunday.
8. PUBLIC HEARINGS:
A. Consider Ordinance Approving Zoning Ordinance Amendment No. 2013-
04• An Amendment to Section A (Retail and Service Uses) of Table
17 20 060 of Section 17.20.060 (Permitted Uses in Commercial and
Industrial Zones) of Title 17 (Zoning) of the Moorpark Municipal Code to
Allow Retail Uses in the M-1 Zone with a Conditional Use Permit When
Immediately Adjacent to a Freeway Interchange, on the application of
Manny Asadurian, Jr. 1) Open the public hearing, accept public
testimony; and close the public hearing; 2) Introduce Ordinance No. 419
for first reading, which includes the determination of exemption under the
California Environmental Quality Act, waive full reading, and place this
ordinance on the agenda for an adjourned regular meeting to be held at
7:00 p.m. on September 11 , 2013, for purposes of providing second
reading and adoption of the ordinance.
Mr. Fiss gave the staff report and clarified language on stamped page 12
of the agenda report for Item 24 to read "Retail sales in the M-1 zone
occupying over twenty percent (230%) of the gross floor area of the
building in which it is located, ..."
Mayor Parvin opened the public hearing.
Minutes of the City Council/Successor Agency
Moorpark, California
Page 4 September 4, 2013
John Newton, representing the applicant, Moorpark Community Market
Place, provided a handout of the plans for the project and described the
mini-outlet proposal.
Bill Christopher, representing Kavlico Corporation, stated they had not
received notification of this public hearing in a timely manner and do not
have a full understanding of the proposal. He requested a continuance to
allow time for consideration of a new environmental review for this change
in use and the appearance of"spot zoning".
Javier Guerrero, Environmental Health and Safety Manager for Kavlico
Corporation, stated they have concerns regarding compromising the
company's ability to maintain its military defense clearance with the
introduction of retail space into this complex and increased public traffic.
Richard Green, representing Sunbelt Enterprises, the landlord for this
property, spoke in favor of the zoning amendment and conditional use
permit.
A discussion followed among the Councilmembers and staff regarding: 1)
Current uses permitted in the M-1 zone include medical offices, which
would also generate public traffic; 2) Signage is the only modification from
the prior CEQA requirements; 3) Spot zoning comment is in regard to the
Conditional Use Permit, not the Zoning Amendment; 4) The greater
flexibility this ordinance provides is needed; 5) Conditional Use Permit
would not be agendized until October 2, 2013; and 6) Consider continuing
this item to October 2, 2013 with additional signage and notification.
In response to Council and to the letter presented by Luna & Glushon
Attorneys, Mr. Ennis described two types of "spot zoning": 1) Where you
create a greater use than what is otherwise allowed in the comparable
zone; and 2) Where you create a spot where you permit fewer uses than
is otherwise permitted in that same zone. He stated the courts consider
the second type as illegal spot zoning when one property owner or several
property owners are granted fewer rights and uses than what is available
to others in that zone. This proposal is granting these properties greater
uses than in a similar zoned usage.
Councilmember Mikos requested a future agenda item to discuss notifying
tenants of facilities impacted by surrounding development or changes in
zoning.
Mayor Parvin closed the public hearing.
Mr. Ennis read the title of Ordinance No. 419.
Minutes of the City Council/Successor Agency
Moorpark, California
Page 5 September 4 2013
MOTION: Councilmember Millhouse moved and Mayor Parvin seconded a
motion to waive further reading and declare Ordinance No. 419, which includes
the determination of exemption under CEQA, read for the first time, and place
Ordinance No. 419 on the agenda for an adjourned regular meeting to be held at
7:00 p.m. on September 11, 2013, for purposes of providing second reading and
adoption of the ordinance. The motion carried by voice vote 4-0, Councilmember
Pollock absent.
B. Consider an Ordinance Approving Zoning Ordinance Amendment No
2012-02 to Amend Chapters 17.08 (Definitions) 17.20 (Uses by Zone,
and 17.32 (Off-Street Parking Requirements) and to Add Subdivision "I"
(Farm Worker Dwellings) to Section 17 28 020 (Standards Relatinclto
Dwellings) and Subdivision "G" (Requests for Reasonable
Accommodations) to Section 17.44 040 (Discretionary Permits and
Exceptions) of the Moorpark Municipal Code to Address Farm Worker
Housing, Residential Parking Requirements and Reasonable
Accommodation Procedures and Make a Determination of Exemption
Under CEQA, in Connection Therewith. Open the public hearing, accept
public testimony; and close the public hearing; 2) Introduce Ordinance No.
420, approving Zoning Ordinance Amendment No. 2012-02, for first
reading, waive full reading, and place this ordinance on the agenda for an
adjourned regular meeting to be held at 7:00 p.m. on September 11, 2013,
for purposes of providing second reading and adoption of the ordinance.
Mr. Vacca gave the staff report.
Mayor Parvin opened the public hearing.
There were no speakers.
Mayor Parvin closed the public hearing.
Mr. Ennis read the title of Ordinance No. 420.
MOTION: Councilmember Mikos moved and Councilmember Van Dam
seconded a motion to Introduce Ordinance No. 420, approving Zoning Ordinance
Amendment No. 2012-02, for first reading, waive full reading, and place this
ordinance on the agenda for an adjourned regular meeting to be held at 7:00
p.m. on September 11, 2013, for purposes of providing second reading and
adoption of the ordinance. The motion carried by voice vote 4-0, Councilmember
Pollock absent.
C. Consider: 1) Resolution Adopting a Negative Declaration: 2) Ordinance
Approving Zoning Ordinance Amendment No 2013-03 to Amend
Chapters 17.12 (Establishment of Zones Boundaries and Maps) and
17.20 (Uses by Zone), and to Add Chapter 17.76 (Residential Planned
Minutes of the City Council/Successor Agency
Moorpark, California
Page 6 September 4 2013
Development 20 Units to the Acre [RPD-20U-N-D] to the Moorpark
Municipal Code; 3) Resolution Approving General Plan Amendment No
2013-01; and Amendment No. 2 to Specific Plan No 1995-01 (Downtown
Specific Plan) on a 1.36 Acre Site Located at the Southeast Corner of
Moorpark Avenue and Everett Street', 4) Ordinance Approving Zone
Change No. 2013-01 Apgroving a Zone Change of a 23.44 Acre Site
Located within the Southeastern Portion of Specific Plan 1 Hitch Ranch
Specific Plan, a Zone Change of a 1.36 Acre Site Located at the
Southeast Corner of Moorpark Avenue and Everett Street; and a Zone
Change of a 1.34 Acre Site Located at the Southeastern End of Majestic
Court, All to Residential Planned Development 20 Units to the Acre
(RPD20U-N-D) Zone. Staff Recommendation: Open the public hearing,
accept public testimony; and close the public hearing; 2) Adopt Resolution
No. 2013-3212, adopting the Negative Declaration; 3) Introduce
Ordinance No. 421, approving Zoning Ordinance Amendment No. 2013-
03, for first reading, waive full reading, and place this ordinance on the
agenda for an adjourned regular meeting to be held at 7:00 p.m. on
September 11, 2013, for purposes of providing second reading and
adoption of the ordinance; 4) Adopt Resolution No. 2013-3213, approving
General Plan Amendment No. 2013-01, and Amendment No. 2 to Specific
Plan No. 1995-1; and 5) Introduce Ordinance No. 422, approving Zoning
Change No. 2013-01, for first reading, waive full reading, and place this
ordinance on the agenda for an adjourned regular meeting to be held at
7:00 p.m. on September 11, 2013, for purposes of providing second
reading and adoption of the ordinance.
Mr. Vacca gave the staff report and a PowerPoint presentation. He stated
the following corrections would be made: 1) The South Coast Wildlands —
Wildlife Corridor Link Design exhibit should show wildlife movements
through any of the sites associated with this application; 2) Any mention of
conditions of approval will be removed from the Development Standards;
and 3) A new development standard will be added to indicate the
Development must comply with the most recently adopted Landscape
Design Standards and Guidelines including the Prohibited Plants list. Mr.
Vacca stated on stamped page 137 of the agenda report under
Development Standard No. 17 "Identification of coating" would be
removed from the third sentence; and on stamped page 140 of the agenda
report for Development Standard No. 40, verbiage would be added at the
end of the last sentence after 1997, to read "or most recently adopted
version".
Mayor Parvin opened the public hearing.
Richard Gray, a Moorpark businessman, stated his understanding is that
this change is mandated by the State of California, but requested multi-
story units not be placed in the downtown area so as not to overwhelm the
Minutes of the City Council/Successor Agency
Moorpark, California
Page 7 September 4, 2013
neighborhood. He provided a handout depicting an example of one-story
units, which would preserve the character of the neighborhood.
Dennis Hardgrove, 211 Village Commons Boulevard, #15, Camarillo,
representing Hitch Ranch property owners, stated they are in support of
this action which will meet the State of California mandates.
Mayor Parvin closed the public hearing.
MOTION: Mayor Parvin moved and Councilmember Van Dam seconded a
motion to adopt Resolution No. 2013-3212 adopting the Negative Declaration.
The motion carried by voice vote 4-0, Councilmember Pollock absent.
Mr. Ennis read the title of Ordinance No. 421.
MOTION: Councilmember Millhouse moved and Councilmember Van Dam
seconded a motion to introduce Ordinance No. 421, as amended for pages 137
and 140, approving Zoning Ordinance Amendment No. 2013-03, for first reading,
waive full reading, and place this ordinance on the agenda for an adjourned
regular meeting to be held at 7:00 p.m. on September 11, 2013, for purposes of
providing second reading and adoption of the ordinance. The motion carried by
voice vote 4-0, Councilmember Pollock absent.
Mr. Ennis read the title of Ordinance No. 422
MOTION: Mayor Parvin moved and Councilmember Van Dam seconded a
motion to Introduce Ordinance No. 422, approving Zoning Change No. 2013-01,
for first reading, waive full reading, and place this ordinance on the agenda for an
adjourned regular meeting to be held at 7:00 p.m. on September 11, 2013, for
purposes of providing second reading and adoption of the ordinance. The
motion carried by voice vote 4-0, Councilmember Pollock absent.
MOTION: Mayor Parvin moved and Councilmember Van Dam seconded a
motion to adopt Resolution No. 2013-3213, approving General Plan Amendment
No. 2013-01, and Amendment No. 2 to Specific Plan No. 1995-1. The motion
carried by voice vote 4-0, Councilmember Pollock absent.
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Selecting Anne Mudge as the Artist for the Art in Public Places
Project at the Arroyo Vista Recreation Center. Staff Recommendation:
Approve the selection of Anne Mudge as the Artist for the Public Art
Project at the Arroyo Vista Recreation Center and authorize staff to
negotiate an Agreement for Artistic Design Services with Anne Mudge.
Staff will present the Agreement to the City Council for final approval.
ROLL CALL VOTE REQUIRED
Minutes of the City Council/Successor Agency
Moorpark, California
Page 8 September 4, 2013
Mr. Riley gave the staff report. Ms. Mudge explained the process and the
product of her proposal.
There were no speakers
MOTION: Mayor Parvin moved and Councilmember Mikos seconded a motion to
approve the selection of Anne Mudge as the artist for the public art project at
Arroyo Vista Recreation Center and to authorize staff to negotiate an Agreement
for Artistic Design Services with Ann Mudge. The motion carried by roll call vote
4-0, Councilmember Pollock absent.
Councilmember Millhouse stated for the record he wants to see a more
sophisticated art proposal for the future Civic Center project.
B. Consider Resolution Directing the Planning Commission to Study,
Conduct a Public Hearing, and Provide a Recommendation on the
Proposed Amendment to Ado st the Affordable Housing Requirement in
the Development Agreement Between the City of Moorpark and Shea
Homes for Tentative Tract 5425. Staff Recommendation: Adopt
Resolution No. 2013-3214.
Mr. Moe gave the staff report.
There were no speakers.
MOTION: Mayor Parvin moved and Councilmember Mikos seconded a motion to
adopt Resolution No. 2013-3214, directing the Planning Commission to study,
conduct a public hearing, and provide a recommendation on the proposed
Amendment to adjust the Affordable Housing Requirement in the Development
Agreement between the City of Moorpark and Shea Homes for Tentative Tract
5425. The motion carried by voice vote 4-0, Councilmember Pollock absent.
C. Consider Agreement Regarding Payment for City Services Between
Vintage Crest Senior Apartments L.P. (Vintage Crest) and City of
Moorpark. Staff Recommendation: Approve Agreement, and authorize
the Mayor to execute it, subject to final language approval of the City
Manager and City Attorney.
Mr. Kueny requested this item be removed from the agenda.
CONSENSUS: It was the consensus of the Council to remove Item 9.C. from the
agenda.
Minutes of the City Council/Successor Agency
Moorpark, California
Page 9 September 4 2013
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Van Dam moved and Councilmember Millhouse seconded a
motion to approve the Consent Calendar with the exception of Items 10.M. and 10.U,
which were pulled for individual consideration. The motion carried by unanimous roll
call vote.
A. Consider Minutes of Special City Council Meeting of May 29 2013. Staff
Recommendation: Approve the minutes.
B. Consider Warrant Register for Fiscal Year 2012/13 —September 4 2013.
Staff Recommendation: Approve the warrant register.
C. Consider Warrant Register for Fiscal Year 2013/14 — September 4 2013.
Staff Recommendation: Approve the warrant register.
D. Consider Resolution Amending the Fiscal Year 2013/14 Budget to
Increase Appropriations for Fiscal Year 2012/13 Purchase Order Carry
Over. Staff Recommendation: Adopt Resolution No. 2013-3215. ROLL
CALL VOTE REQUIRED
E. Consider Amendment No. 1 to the Agreement with Library Systems and
Services, LLC and Consider Resolution Amending the Fiscal Year
2013/14 Budget Allocating Funds from the Library Services Fund (1010).
Staff Recommendation: 1) Authorize the City Manager to execute
Amendment No. 1 to the Agreement; and 2) Adopt Resolution No. 2013-
3216, amending the FY 2013/14 Budget allocating funds from the Library
Fund Services Fund (1010) Budget. ROLL CALL VOTE REQUIRED
F. Consider Request from the Moorpark Chamber of Commerce to Use the
North Metrolink Parkinq Lot on High Street to Support the Country Days
Parade and Street Fair on October 5 2013 and Request for Waiver of
Rental Fees. Staff Recommendation: Approve use of north Metrolink
parking lot and waive rental fees, and require the Moorpark Chamber of
Commerce to provide the City with an indemnification agreement, naming
the City as additional insured in the insurance policy.
G. Consider Resolution Amending the Budget for Fiscal Year 2013/14 for
Repairs at 250 Los Angeles Avenue. Staff Recommendation: Adopt
Resolution No. 2013-3217, appropriating $17,000.00 from the City
Affordable Housing Fund (2201) for repairs at 250 Los Angeles Avenue.
ROLL CALL VOTE REQUIRED
H. Consider Resolution Amending the Budget for Fiscal Year 2013/14 for
Repairs at 798 Moorpark Avenue. Staff Recommendation: Adopt
Minutes of the City Council/Successor Agency
Moorpark, California
Page 10 September 4 2013
Resolution No. 2013-3218, appropriating $9,000.00 from the City
Affordable Housing Fund (2201) for repairs at 798 Moorpark Avenue.
ROLL CALL VOTE REQUIRED
I. Consider Prohibition of Residential Developers from Engaging Directly or
Indirectly with Financing of Mortgages in the City's First Time Home Buyer
Pro ram. Staff Recommendation: 1) Prohibit a residential developer or
affiliate from providing mortgages to buyers in the City's First Time Home
Buyers Program for their development; and 2) Direct staff to amend City
Council Policy No. 3.5 at the next update to reflect this prohibition.
J. Consider Resolution Amending the Fiscal Year 2013/14 Budget to
Transfer Expenses for the North Hills Parkway Project to Traffic
Congestion Relief Fund and to Transfer Expenses for the Slurry Seal
Project to the City-Wide Traffic Mitigation Fund. Staff Recommendation:
Adopt Resolution No. 2013-3219. ROLL CALL VOTE REQUIRED
K. Consider Resolution Adopting Revised Parking Restrictions on Condor
Drive and Rescinding Resolution No 2013-3188. Staff Recommendation:
Adopt Resolution No. 2013-3220, rescinding Resolution No. 2013-3188.
L. Consider Resolution Adopting Revised Parking Restrictions on ELory
Avenue and Rescinding Resolution No 95-1146. Staff Recommendation:
Adopt Resolution No. 2013-3221, rescinding Resolution No. 95-1146.
N. Consider Amendment No. 2 to Agreement with Sterndahl Enterprises Inc
for 2013 Pavement Markings Project (Project 8092) and a Resolution
Amending the Fiscal Year 2013/14 Budget to Fund Amendment No 2.
Staff Recommendation: 1) Approve Amendment No. 2 to the Agreement,
and authorize the City Manager to execute the Amendment in the amount
of $7,500.00; and 2) Adopt Resolution No. 2013-3222, amending the FY
2013/14 Budget to appropriate $7,500.00 from HUT 2103 Fund (Fund
2606) to fund Amendment No. 2. ROLL CALL VOTE REQUIRED
0. Consider Resolution Directing the Planning Commission to Study, Hold a
Public Hearing, and Provide a Recommendation on an Amendment to
Section 17.20.060 (Permitted Uses in Commercial and Industrial Zones) of
Chapter 17.20 (Uses by Zone) of the Zoning Ordinance Related to Health
Clubs, Gymnasiums, Fitness Centers, Spas and Other Similar Uses.
Staff Recommendation: Adopt Resolution No. 2013-3223.
P. Consider Resolution Authorizing the City Manager to Negotiate an
Agreement with Catholic Charities of Ventura to Provide a Part Time Day
Worker Coordinator for the Day Laborer Site and Amending the Fiscal
Year 2013/14 Budget. Staff Recommendation: 1) Authorize the City
Manager to execute the Agreement, subject to final language approval of
Minutes of the City Council/Successor Agency
Moorpark, California
Page 11 Settember 4 2013
the City Manager and City Attorney; and 2) Adopt Resolution No. 2013-
3224, amending the Fiscal Year 2013/14 Budget. ROLL CALL VOTE
REQUIRED
Q. Consider Agreement between City of Moorpark and Moorpark Unified
School District (MUSD) for Provision of Law Enforcement Services. Staff
Recommendation: Approve the Agreement between City of Moorpark and
MUSD, and authorize the City Manager to execute it on behalf of the City.
R. Consider Reimbursing Anne Mudge for Costs for Travel to Moorpark for
Special Meeting with the Arts Commission as Part of the Selection
Process for the Art in Public Places Protect at Arroyo Vista Recreation
Center. Staff Recommendation: Approve payment of $178.62 to Anne
Mudge as reimbursement for Travel Expenses. ROLL CALL VOTE
REQUIRED
S. Consider Approval of a Memorandum of Understanding (MOU) Between
the County of Ventura and the Cities of Camarillo Moorpark Simi Valley
and Thousand Oaks for Management Funding and Cost Sharing for the
Implementation of the East County Transit Alliance. Staff
Recommendation: Approve the East County Transit Alliance MOU and
authorize the Mayor to sign it, subject to final language approval of the
City Manager and City Attorney.
T. (SUCCESSOR AGENCY) Consider Authorization for Recordation of the
Notice of Completion for Demolition of Structures and Removal of
Underground Storage Tanks at 412 High Street (former J E Clark Fueling
Station) (APN 512-0-082-020 & -030) and Release of Bonds in
Accordance with the Contract. Staff Recommendation: Authorize the
Agency Secretary to file the Notice of Completion, and release the project
bonds as outlined in the report.
The following items were pulled for individual consideration.
M. Consider Maintenance of Metrolink Memorial Plaque and Boulder in the
Metrolink South Parking Lot. Staff Recommendation: Concur with City's
maintenance of the memorial plaque and boulder in the Metrolink South
Parking Lot.
Councilmember Millhouse acknowledged the anonymous proponent of the
memorial in honor of the accident victims of September 12, 2008, along
with the Ventura County Transportation Commission's support. He
provided information on the positive train control improvements being
implemented, including inward-facing cameras and collision absorption
train cars.
Minutes of the City Council/Successor Agency
Moorpark, California
Page 12 September 4, 2013
CONSENSUS: It was the consensus of the Council to concur with the City's
maintenance of the memorial plaque and boulder in the Metrolink South parking
lot.
U. (SUCCESSOR AGENCY) Consider Lease with Vivid Insurance Solutions
for 33 High Street. Staff Recommendation: Approve the Lease
Agreement, subject to final language approval of the Executive Director
and Agency Counsel, and authorize Executive Director to execute the
Agreement on behalf of the Successor Agency.
Mr. Laurentowski stated this item had been pulled to clarify that the lease
agreement would not be effective until approved by the Oversight Board to
the Successor Agency of the Redevelopment Agency of the City of
Moorpark at their September 17, 2013, meeting.
CONSENSUS: It was the consensus of the Council to approve the Lease
Agreement, subject to final language approval of the Executive Director and
Agency Counsel, and authorize the Executive Director to execute the Agreement
on behalf of the Successor Agency.
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
None.
12. CLOSED SESSION:
Mr. Kueny requested the City Council go into closed session for discussion of
four cases under Item 12.A. and four cases under Item 12.13. on the agenda.
Mr. Ennis announced under Government Code Section 54956.9 that the facts
and circumstances creating significant exposure to litigation under Item 12.A.
consist of 1) A threat of litigation regarding payment of redevelopment pass
through payments to the Moorpark Unified School District; 2) A threat of litigation
regarding payment of redevelopment pass through payments to the Ventura
County Community College District; 3) The receipt of a claim pursuant to the
Government Claims Act from Pindler and Pindler regarding drainage issues; and
4) Facts and circumstances that might result in litigation, which the City believes
are not yet known to a potential plaintiff, which need not be disclosed pursuant to
Government Code Section 54956.9(e)(1).
MOTION: Mayor Parvin moved and Councilmember Millhouse seconded a motion to
adjourn to closed session for a discussion of four cases under Item 12.A. and four
cases under Item 12.B. on the agenda. The motion carried by voice vote 4-0,
Councilmember Pollock absent. The time was 9:35 p.m.
Minutes of the City Council/Successor Agency
Moorpark, California
Page 13 September 4, 2013
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision (b) of Section
54956.9 of the Government Code: (Number of cases to be discussed - 4)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the
Government Code: (Number of cases to be discussed — 4)
Present in closed session were Councilmembers Mikos, Millhouse, Van Dam,
and Mayor Parvin; Steven Kueny, City Manager; Kevin Ennis, City Attorney;
Hugh Riley, Assistant City Manager; Deborah Traffenstedt, Deputy City Manager;
David Bobardt, Community Development Director; David Klotzle, City
Engineer/Public Works Director; and Ron Ahlers, Finance Director. Mr. Ahlers
left the meeting at 9:55 p.m. Mr. Bobardt and Mr. Klotzle left the meeting at
10:08 p.m.
The City Council reconvened into open session at 10:23 p.m. Mr. Kueny stated
four cases under Item 12.A. and four cases under Item 12.13. were discussed and
there was no action to report. Mr. Kueny further announced that the Council
would be going back into closed session for discussion of Item 12.C. on the
agenda. Mr. Riley left the meeting at this time.
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Subdivision (b) of Section 54957 of the Government Code)
Title: City Manager and City Attorney
The Council reconvened into open session at 10:43 p.m. Mr. Kueny stated Item
12.C. was discussed and there was no action to report.
13. ADJOURNMENT:
Mayor Parvin adjourned the meeting at 10:43 p.m. in memory of former Mayor
Leta Yancy-Sutton and Adjourned the Regular Meeting of September 4, 2013, to
an Adjourned Regular Meeting to be held at 7:00 p.m. on September 11, 2013, at
the Moorpark Community Center, 799 Moorpark Avenue.
r
J , ice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk -fN �