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HomeMy WebLinkAboutMIN 2017 0301 CC SA REG MINUTES OF THE CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Moorpark, California March 1, 2017 A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency was held on March 1, 2017, 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 6:37 p.m. 2. PLEDGE OF ALLEGIANCE: Division Chief, Chad Cook of the Ventura County Fire Protection District, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin. Staff Present: Steven Kueny, City Manager; Kevin Ennis, City Attorney; Deborah Traffenstedt, Assistant City Manager; Ron Ahlers, Finance Director; David Bobardt, Community Development Director; Jeremy Laurentowski, Parks and Recreation Director; Sean Corrigan, City Engineer/Public Works Department; Jessica Sandifer, Program Manager; Brian Chong, Administrative Services Manager; Captain John Reilly, Sheriffs Department; and Maureen Benson, City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: None. 5. PUBLIC COMMENT: Reshmika Ramesh, Scott Davison Jr., Daniel Mathew, Kajol Jewan, and Jenny Oslund from the Moorpark High School's Future Business Leaders of America club described the club's program and solicited tax deductible donations to assist the group in a business competition representing the County of Ventura in Sacramento in April. Minutes of the City Council/Successor Agency Moorpark, California Page 2 March 1, 2017 Bruce Rokos, former CEO of the Moorpark Chamber of Commerce gave an overview of the Chamber events for the month of March. He announced planning for this year's Country Days is beginning and the Chamber is soliciting ideas for a theme and for a Grand Marshall. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND MAYOR: Councilmember Mikos reported that she and Councilmember Simons attended a meeting of the Economic Development Collaborative of Ventura County (EDCVC) on February 27 where they met with Bruce Stenslie, President and CEO, in regard to broadband and the suggestion was made that the City's contract with EDCVC allows for the City, without charge, to hire a consultant to perform a study on broadband. The Santa Monica Mountains Conservancy (SMMC) held a public meeting here in Moorpark on February 27 at Arroyo Vista Recreation Center to vote on how to expand the boundary line of the Rim of the Valley Trail Corridor to include Moorpark. Also, at this meeting a vote was taken to appoint the four-member board for the Joint Powers Agreement between the City of Moorpark and the Santa Monica Mountains Conservancy which created Moorpark Watershed, Parks, Recreation, and Conservation Authority, to include George Lange and Donald Robinson from SMMC along with City Manager Steven Kueny and Parks and Recreation Director Jeremy Laurentowski. Councilmember Van Dam reported he had attended a seminar on living trusts hosted by the Moorpark Chamber of Commerce sponsored by the Ventura County Credit Union. Councilmember Simons provided information on the EDCVC offer for a consultant who would identify the dark fiber and sources that would be active in Moorpark should a gap study be indicated to define capabilities. Mayor Parvin announced the Moorpark Chamber of Commerce is presenting the "State of the City" luncheon at the Moorpark Country Club on March 21 from 11:30-1:30 p.m. Mayor Parvin announced to all those Moorpark residents who change their own motor oil to pick up a free used oil kit at City Hall, which when used can then be turned in to Jiffy Lube or AutoZone for free. Minutes of the City Council/Successor Agency Moorpark, California Page 3 March 1, 2017 Mayor Parvin announced the 8th Annual Moorpark Has Talent show will take place on March 17 at the High Street Arts Center. Mayor Parvin announced Camp Moorpark, an exceptional day camp program for children ages 5 to 11 will be held at Arroyo Vista Recreation Center on March 13 and from March 20-24. Mayor Parvin announced volunteer coaches are needed and may apply at Arroyo Vista Recreation Center. Mayor Parvin announced Moorpark Community Yard Sale applications will be available starting March 6 and to contact Arroyo Vista Recreation Center for more information. 8. PUBLIC HEARINGS: A. Consider: 1) Resolution Approving Residential Planned Development (RPD) Permit No. 2012-02 for a 200-Unit Apartment Complex on Approximately 11.66 Acres at 150 Casey Road, on the Application of Essex Property Trust, Inc., and Finding that a Previously Adopted Mitigated Negative Declaration is Applicable to this Project; and 2) Introduce Ordinance Approving a Development Agreement by and between the City of Moorpark and Essex Moorpark Owner, L.P. for RPD Permit No. 2012-02. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. 2017-3582; 3) Introduce Ordinance No. 443 for first reading, waive full reading, and place this ordinance on the agenda for March 15, 2017, for purposes of providing second reading and adoption of the ordinance; and 4) Upon Adoption of Ordinance No. 443, and subject to final language approval of the City Manager and City Attorney, a) Authorize Mayor to sign Development Agreement (Exhibit A of Ordinance No. 443); b) Authorize Mayor to sign Purchase and Sale Agreement for City site (Exhibit C of Development Agreement) and Easement Agreement (Exhibit C of Purchase and Sale Agreement); and c) Authorize City Manager to sign Well Site Grant Deed and Certificate of Acceptance (Exhibit I of Development Agreement). Mr. Bobardt gave the staff report and a PowerPoint presentation on the proposal. He requested that agenda Item 9.A. be heard prior to opening the public hearing. CONSENSUS: It was the unanimous consensus of the Council to hear Item 9.A. prior to opening the public hearing for Item 8.A. AT THIS POINT in the meeting, Item 9.A. was heard. Minutes of the City Council/Successor Agency Moorpark, California Page 4 March 1, 2017 A. Consider Affordable Housing Agreement between City of Moorpark and Essex Moorpark Owner, L.P. for Apartment Complex Located on Casey Road. Staff Recommendation: Approve the Agreement, subject to final language approval by the City Manager and City Attorney; authorize the Mayor to execute said Agreement; and direct the City Clerk to cause said Agreement to be recorded in the Office of the Recorder of the County of Ventura. Ms. Sandifer gave the staff report. There were no speakers. Mayor Parvin opened the public hearing. Bob Linder, Vice President of Development for Essex Property Trust, 17541 Derain Avenue #110, Irvine, CA 92617, described the project and responded to Council concerns regarding; 1) The widening of the throat of the drive way to allow left turns onto Casey Road; 2) Installation of a key- fobbed gate for residents to use to allow access to the emergency access road out to High Street; 3) Elevators are provided for the more urban developments, but not for this one; 4) Handicapped assessable ground floor units;; and free wi-fi in common areas with possibility of installing a repeater to increase the signal power to the site. John Newton, a Moorpark resident and business man, provided some history of the previously approved proposal for this site and then spoke in support of this project. Scott Mosher, CEO of the Moorpark Boys and Girls Club spoke in support of the project and complimented Essex for its contributions over the past nine years to the Boys and Girls Club. He spoke about an arrangement for reciprocal parking with the Walnut Canyon Elementary school now that the Essex project would eliminate parking at the Boys and Girls Club. Robert Dearborn, a Moorpark resident and President of the Boys and Girls Club, offered his support for the project and stated Essex has been supporting the club ever since they purchased the property. He stated the youth residing in the apartments will be able to take advantage of the club's services. Mayor Parvin closed the public hearing. MOTION: Councilmember Pollock moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2017-3582, approving Residential Planned Development (RPD) Permit No. 2012-02 for a 200-unit apartment complex on approximately 11.66 acres at 150 Case Road, on the application of Essex Minutes of the City Council/Successor Agency Moorpark, California Page 5 March 1, 2017 Property Trust, Inc., and finding that a previously adopted Mitigated Negative Declaration is applicable to this project. The motion carried by unanimous voice vote. MOTION: Councilmember Pollock moved and Councilmember Mikos seconded a motion to approve the Agreement between the City of Moorpark and Essex Moorpark Owner, L.P. for apartment complex located on Casey Road, subject to final language approval by the City Manager and City Attorney; authorize the Mayor to execute said Agreement; and direct the City Clerk to cause said Agreement to be recorded in the Office of the Recorder of the County of Ventura. The motion carried by unanimous voice vote. Ms. Ennis read the title of Ordinance No. 443. MOTION: Mayor Parvin moved and Councilmember Van Dam seconded a motion to waive full reading, and place this ordinance on the agenda for March 15, 2017, for purposes of providing second reading and adoption of the ordinance; and upon adoption of the Ordinance No. 443, subject to final language approval of the City Manager and City Attorney: a) Authorize Mayor to sign Development Agreement (Exhibit A of Ordinance No. 443); b) Authorize Mayor to sign Purchase and Sale Agreement for City site (Exhibit C of Development Agreement) and Easement Agreement (Exhibit C of Purchase and Sale Agreement); and c) Authorize City Manager to sign Well Site Grant Deed and Certificate of Acceptance (Exhibit I of Development Agreement). The motion carried by unanimous voice vote. 9. PRESENTATION/ACTION/DISCUSSION: B. Consider Adoption of an Urgency Ordinance Reauthorizing the City's Public, Education, and Governmental (PEG) Fee, and Introduction of an Ordinance Reauthorizing and Readopting the PEG fee for the Same Purposes, and a Determination that these Actions Are Exempt from the California Environmental Quality Act. Staff Recommendation: 1) Waive full reading and adopt Urgency Ordinance No. 444. ROLL CALL VOTE REQUIRED; and 2) Introduce Ordinance No. 445 for first reading, waive full reading, and place this ordinance on the agenda for March 15, 2017, for purposes of providing a second reading and adoption of the ordinance. Mr. Chong gave the staff report. Chuck Hamm, a Moorpark resident and business man, questioned whether reauthorizing a fee to fund Moorpark TV is actually needed when a better method of communicating would be to use the cloud or YouTube. Ms. Ennis read the title of Urgency Ordinance No. 444. Minutes of the City Council/Successor Agency Moorpark, California Page 6 March 1, 2017 MOTION: Councilmember Mikos moved and Councilmember Van Dam seconded a motion to waive full reading and adopt Urgency Ordinance No. 444 reauthorizing the City's Public, Education, and Governmental (PEG) Fee and making a determination under CEQA. The motion carried by unanimous roll call vote. Mr. Ennis read the title of Ordinance No. 445. MOTION: Councilmember Van Dam moved and Councilmember Pollock seconded a motion to waive full reading, declare Ordinance No. 445 read for the first time, and to place this ordinance on the agenda for March 15, 2017, for purposes of providing a second reading and adoption of the ordinance. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Mayor Parvin moved and Councilmember Mikos seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Minutes of Special Joint City Council/Arts Commission Meeting of April 27, 2016. Staff Recommendation: Approve the minutes. B. Consider Minutes of Regular City Council/Successor Agency Meeting of February 1, 2017. Staff Recommendation: Approve the minutes. C. Consider Minutes of Regular City Council/Successor Agency Meeting of February 15, 2017. Staff Recommendation: Approve the minutes. D. Consider Warrant Register for Fiscal Year 2016/17 — March 1, 2017. Staff Recommendation: Approve the warrant register. E. Consider Request for Proposal to Provide Bus Excursion Services and Authorization to Advertise for Proposals; and, Consider 2017 Moorpark Beach Bus and Summer Youth Bus Pass Programs. Staff Recommendation: 1) Approve the RFP and authorize staff to advertise for proposals; and 2) Approve the proposed 2017 Moorpark Beach Bus and Summer Youth Bus Pass Programs as detailed in the agenda report. F. Consider Resolution Amending the Fiscal Year 2016/17 Budget to Allocate Funds for Permanent Loan for Area Housing Authority Project. Staff Recommendation: Adopt Resolution No. 2017-3583, amending the Fiscal Year 2016/17 Budget to fund the loan for the Area Housing Authority Project Pursuant to the Disposition and Development Agreement. ROLL CALL VOTE REQUIRED Minutes of the City Council/Successor Agency Moorpark, California Page 7 March 1, 2017 O. Consider Amendment No. 1 to Agreement with The Adjul Corporation dba Lee Construction for the Recreational Trail Project at Arroyo Vista Community Park (AVCP) (CIP Project C0018) and Resolution Amending the Fiscal Year 2016/17 Budget. Staff Recommendation: 1) Approve Amendment No. 1 to Agreement with The Adjul Corporation dba Lee Construction in the amount of $100,000.00 and authorize the City Manager to sign the Amendment, subject to final language approval of the City Manager; and 2) Adopt Resolution No. 2017-3584, amending the Fiscal Year 2016/17 Budget for additional contingency costs. ROLL CALL VOTE REQUIRED H. Consider Authorization to Advertise for Bids for Pavement Rehabilitation Project at Arroyo Vista Community Park; Agreement for Construction Management Services and Resolution Amending Fiscal Year 2016/17 Budget to Fund the Project. Staff Recommendation: 1) Approve plans and specifications and authorize advertisement for bids for pavement rehabilitation project at Arroyo Vista Community park, as outlined in the agenda report; 2) Approve Agreement with Phoenix Civil Engineering, Inc. for Construction Management Services for the Pavement Rehabilitation Project at Arroyo Vista Community Park, subject to final language approval of the City Manager; and 3) Adopt Resolution No. 2017-3585, amending the Fiscal Year 2016/17 Budget to fund construction management services for the project. ROLL CALL VOTE REQUIRED I. Consider Annual Financial Statements and Other Audit Reports for Fiscal Year Ended June 30, 2016. Staff Recommendation: Accept the Comprehensive Annual Financial Report (CAFR) and the Independent Accountant's Report on Agreed-Upon Procedures Applied to Appropriations Limit Worksheets and receive and file this report. ROLL CALL VOTE REQUIRED 11. ORDINANCES: (ROLL CALL VOTE REQUIRED) None. 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for discussion of two cases under Item 12.B. and Item 12.C. on the agenda. MOTION: Councilmember Mikos moved and Councilmember Pollock seconded a motion to adjourn to closed session for a discussion of two cases under Items 12.B. and Item 12.C. on the agenda. The motion carried by unanimous voice vote. The time was 8:04 p.m. Minutes of the City Council/Successor Agency Moorpark, California Page 8 March 1, 2017 B. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9: (Number of cases to be discussed — 4) C. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION (Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9) County of Ventura and City of Fillmore vs City of Moorpark and Broad Beach Geologic Hazard Abatement District (Case No. 56-2016-00479937- CU-WM-VTA) Present in closed session were Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin; Steven Kueny, City Manager; Kevin Ennis, City Attorney; Deborah Traffenstedt, Assistant City Manager; and David Bobardt, Community Development Director; Jeremy Laurentowski, Parks and Recreation Director (left at 8:22 p.m.); and Sean Corrigan, City Engineer/Public Works Director. The Council reconvened into open session at 8:38 p.m. Mr. Kueny stated two cases under Items 12.B. and Item 12.C. were discussed and there was no action to report. 13. ADJOURNMENT: Mayor Parvin adjourned the meeting at 8:38 p.m. Ja ice S. Parvin, Mayor ATTEST: • Cjel Maureen Benson, Cit Clerk pew ,'St-4