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HomeMy WebLinkAboutMIN 2017 0719 CC SA REG MINUTES OF THE CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Moorpark, California July 19, 2017 A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency was held on July 19, 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 6:44 p.m. 2. PLEDGE OF ALLEGIANCE: City Engineer/Public Works Director Sean Corrigan 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; Ron Ahlers, Finance Director; David Bobardt, Community Development Director; Jeremy Laurentowski, Parks and Recreation Director; Sean Corrigan, City Engineer/Public Works Department; Captain John Reilly, Sheriffs Department; and Maureen Benson, City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Presentation of Ventura County Fair Poster for 2017. A representative from the Ventura County Fair presented the Council with the 2017 Ventura County Fair Poster. 5. PUBLIC COMMENT: Dr. Samuel Slomowitz, a local oncologist practicing in Simi Valley and Thousand Oaks and currently the Cancer Committee Chairman at Simi Valley Hospital and also sit on the Cancer Committee at Los Robles Hospital offered information on the dangers of second-hand smoke. Councilmember Mikos requested Dr. Slomowitz offer his contact information to staff who are working on the City's smoking ordinance. Minutes of the City Council/Successor Agency Moorpark, California Page 2 July 19, 2017 Bruce Rokos, a member of the Moorpark Chamber Board of Directors stated he wanted to make it clear the Board runs the Chamber not the CEO of the Chamber. Mr. Rokos described upcoming events offered by the Chamber including a free breakfast at the Moorpark Country Club, the annual Mixer, a free barbeque in the Chamber parking lot, Country Days with its parade and Mammoth run sponsored by the Moorpark Rotary. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: It was the unanimous consensus of the Council to pull Item 10.A. from the Consent Calendar upon the request of Councilmember Mikos. CONSENSUS: It was the unanimous consensus of the Council to pull Item 10.1. from the Consent Calendar upon the request of Mayor Parvin. CONSENSUS: It was the unanimous consensus of the Council to hear Items 9.A. and 9.B. following Item 8.A. on the agenda upon the request of staff. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND MAYOR: Councilmember Mikos reported she and Councilmember Pollock had attended the Channel Counties League of Cities event in Santa Barbara, which took place at the Moxi, The Wolf Museum of Innovation. The guest speakers were Monique Limon, 37th District California Assembly Member and Carolyn Coleman, Executive Director of the League of California Cities spoke in support of local control. Councilmember Mikos announced on July 8, she participated in the First Annual Ruben Castro 5K Charity Run-Walk held at Moorpark College. Councilmember Pollock reported he also attended the Channel Counties League of Cities event. He explained how the League divides the state into divisions so that three to four times a year nearby cities can meet with their colleagues Councilmember Pollock reported on July 11, he attended a Moorpark Chamber of Commerce mixer hosted by the local branch of the Ventura County Credit Union. Councilmember Pollock announced a future event where Mike Winters, local historian will be leading a walking tour of downtown on July 22 beginning from the Moorpark Library. Councilmember Pollock announced Moorpark College where he sits on the Foundation Board of Directors, is celebrating its 50th anniversary with a gala at Minutes of the City Council/Successor Agency Moorpark, California Page 3 July 19, 2017 the Reagan Library on August 26. The proceeds of the event will support the "Moorpark College Promise" to make tuition free to graduating high school seniors at Moorpark College. Councilmember Simons reported he attended the Chamber Mixer at the local branch of the Ventura County Credit Union on July 11. Councilmember Simons reported on July 13 he gathered with a group at the Lucky Fools restaurant to discuss a non-profit community garden. Councilmember Van Dam announced it is Taco Tuesday at McGregor's so support local business and give it a try. Mayor Parvin announced changes to the Moorpark City Transit Route 1 and Route 2 take effect August 7 and Moorpark Transit Ride Guides will be available the first week of August. Mayor Parvin reported she participated in Ventura Council of Government's discussion on earthquake preparedness where Dr. Lucy Jones was the speaker. Mayor Parvin stated she also participated in the legislation meeting with VCOG this week. Mayor Parvin stated she had a 30 minute interview with representatives of Southern California Edison which is conducting a survey on how Moorpark feels about their service. Mayor Parvin reported she attended the Oversight Board meeting on July 18 and the Local Agency Formation Commission meeting this morning, July 19. 8. PUBLIC HEARINGS: A. Consider Ordinance Approving Zoning Ordinance Amendment No. 2017- 04; an Amendment to Chapter 17.40 (Sign Regulations) and Chapter 17.41 (Wireless Communications Facilities) of Title 17 (Zoning) of the Moorpark Municipal Code to Allow Signage on Certain Wireless Facilities in Certain Locations; and Resolution Approving Conditional Use Permit No. 2016-05; and Modification No. 2 to Commercial Planned Development No. 2004-03 for Construction and Operation of a Major Wireless Communications Facility within a 48-Foot High Tower at White Sage Road (Warehouse Discount Center Site), with Signage on the Tower, and Determining that These Actions Are Exempt from the California Environmental Quality Act (CEQA), on the Application of Matt Vigil (Vinculums) on Behalf of Verizon Wireless. 1) Open the public hearing, accept public testimony, and close the public; 2) Introduce Ordinance No. 450, approving Zoning Ordinance Amendment No. 2017-04, for first reading, which includes the determination of exemption under the Minutes of the City Council/Successor Agency Moorpark, California Page 4 July 19, 2017 California Environmental Quality Act, waive full reading, and place this ordinance on the agenda for an adjourned regular meeting to be held at 6:30 p.m. on July 26, 2017, for purposes of providing second reading and adoption of the ordinance; and 3) Adopt Resolution No. 2017-3614. Mr. Bobardt gave the staff report. Mayor Parvin opened the public hearing. A lengthy discussion followed among the Councilmembers and staff regarding the number of signs on the tower, the colors of the signs, the size of the sign, the size of the lettering on the sign, and the materials used to create the structure. Matt Vigil representing Vinculums on behalf of Verizon Wireless described the installation of the sign and the reasoning behind choosing this location. Tom Schlender, property owner and President of Warehouse Discount Center, 14339 White Sage Road, Moorpark, spoke in favor of the signage as it supports local businesses. He expressed concerns over the restriction on colors for the signs as each business has a recognizable color logo. Bruce Rokos, Chairman of the Moorpark Chamber of Commerce, spoke in support of all three businesses being represented on the sign. Mr. Rokos spoke as a sign professional expressing his concerns about any future need to patch and match the paint color on the stucco exterior. He suggested a sign program would be beneficial for future changes to the structure and regulate the lighting. Steve Budnick, of Conejo Valley Signs, 1390 Flynn Road Suite F, Camarillo, described the face-lit lettering for the sign. Mayor Parvin closed the public hearing. Another lengthy discussion followed among the Councilmembers and staff for the following changes in the ordinance in regard to increasing the size of the sign to 160 feet to accommodate all three businesses, using the logo colors of each business, limiting the minimum size of lettering to 10- feet; and to add guidelines and restrictions on the details of the sign to the conditions of approval. Mr. Ennis read the title of Ordinance No. 450. MOTION: Councilmember Pollock moved and Councilmember Van Dam seconded a motion to: 1) Introduce Ordinance No. 450, approving Zoning Minutes of the City Council/Successor Agency Moorpark, California Page 5 July 19, 2017 Ordinance Amendment No. 2017-04 as amended for size to increase to 160-feet; individual logo colors for the three businesses; a minimum letter size of 10-feet; and adding sign guidelines to the conditions of approval, 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 6:30 p.m. on July 26, 2017, for purposes of providing second reading and adoption of the ordinance; and 3) Adopt Resolution No. 2017-3614. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, Items 9.A. and 9.B. were heard. 9. PRESENTATION/ACTION/DISCUSSION: A. Consider Presentation on Community Health Assessment 2017 Report. Staff Recommendation: Hear presentation from Rigoberto Vargas, Public Health Director for Ventura County. Rigoberto Vargas, Public Health Director for Ventura County gave a presentation on the Community Health Assessment 2017 Report as it applies to the City of Moorpark. B. Consider Presentation on Ventura County Housing Trust Fund Update. Staff Recommendation: Hear presentation from Linda Brunschweiger, CEO of the Ventura County Housing Trust Fund. Linda Brunschweiger, CEO of the Ventura County Housing Trust Fund gave an update. AT THIS POINT in the meeting, Item 8.B. was heard. 8. PUBLIC HEARINGS: B. Consider Ordinance Approving Zoning Ordinance Amendment No. 2017- 03, an Amendment to Chapter 17.64 (Density Bonus Provisions) of Title 17 (Zoning) of the Moorpark Municipal Code to Address Changes in State Law Related to Density Bonuses, Concessions, and Incentives, and Determining that This Action Is Exempt from the California Environmental Quality Act. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Introduce Ordinance No. 451, approving Zoning Ordinance Amendment No. 2017-03, 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 6:30 p.m. on July 26, 2017, for purposes of providing second reading and adoption of the ordinance. Minutes of the City Council/Successor Agency Moorpark, California Page 6 July 19, 2017 Mr. Bobardt 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. 451. MOTION: Councilmember Mikos moved and Councilmember Van dam seconded a motion to 2) Introduce Ordinance No. 451, approving Zoning Ordinance Amendment No. 2017-03, 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 6:30 p.m. on July 26, 2017, for purposes of providing second reading and adoption of the ordinance. The motion carried by unanimous voice vote. 9. PRESENTATION/ACTION/DISCUSSION: C. Consider Update on Tierra Rejada Road Streetscape Revitalization Project (Project No. M0031). Staff Recommendation: 1) Authorize staff to complete the construction documents for the Tierra Rejada Road streetscape revitalization project consistent with the approved design concept and Agreement with Architerra; 2) Authorize staff to prepare bid documents and solicit bids for the removal of groundcover, with a bid option for the installation of bark mulch in the center median islands along Tierra Rejada Road; and 3) Approve plans and authorize staff to solicit bids for the construction of a supplemental irrigation system for the Coast Redwood trees on Tierra Rejada Road. Mr. Laurentowski gave the staff report, and explained that one plant species needs to be removed from the approved design concept plan; and therefore, staff recommendation number one should not be approved at this time. There were no speakers. MOTION: Councilmember Mikos moved and Mayor Parvin seconded a motion to: Eliminate staff recommendation No. 1; 2) Authorize staff to prepare bid documents and solicit bids for the removal of groundcover, with a bid option for the installation of bark mulch in the center median islands along Tierra Rejada Road; and 3) Approve plans and authorize staff to solicit bids for the construction of a supplemental irrigation system for the Coast Redwood trees on Tierra Rejada Road. The motion carried by unanimous voice vote. Minutes of the City Council/Successor Agency Moorpark, California Page 7 July 19, 2017 D. Consider an Ordinance Amending Section 2.12.100 of Chapter 2.12, City Manager, of the Moorpark Municipal Code to Reduce Potential Severance Pay and Benefits, and Making a Determination of Exemption Pursuant to the California Environmental Quality Act. Staff Recommendation: 1) Prior to a motion to introduce the ordinance to amend the Municipal Code, the Mayor shall make an oral summary report for compliance with Section 54953(c)(3) of the Government Code as follows: "Staff is recommending the City Council approve an ordinance amending Section 2.12.100 of the Municipal Code to include a reduction of the severance pay for involuntary removal from office for a city manager employed prior to January 1, 2016, to a lump sum equal to 4 weeks of salary and benefits for each year of service to a maximum of 36 weeks of salary and benefits; and to restrict the involuntary severance pay for a city manager first employed on or after January 1, 2016, to a cash severance as specified in a written employment agreement, provided the maximum amount of severance shall not exceed 52 weeks of salary and in addition may provide for the payment of health benefits consistent with the limitations of Government Code Sections 53260 and 53261 and the City's medical insurance provider"; and 2) Introduce Ordinance No. 452 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 6:30 p.m. on July 26, 2017, for purposes of providing second reading and adoption of the ordinance. ROLL CALL VOTE REQUIRED Mr. Ennis gave the staff report. There were no speakers. Mayor Parvin made the following oral summary report: "Staff is recommending the City Council approve an ordinance amending Section 2.12.100 of the Municipal Code to include a reduction of the severance pay for involuntary removal from office for a city manager employed prior to January 1, 2016, to a lump sum equal to 4 weeks of salary and benefits for each year of service to a maximum of 36 weeks of salary and benefits; and to restrict the involuntary severance pay for a city manager first employed on or after January 1, 2016, to a cash severance as specified in a written employment agreement, provided the maximum amount of severance shall not exceed 52 weeks of salary and in addition may provide for the payment of health benefits consistent with the limitations of Government Code Sections 53260 and 53261 and the City's medical insurance provider." Mr. Ennis read the title of Ordinance No. 452. Minutes of the City Council/Successor Agency Moorpark, California Page 8 July 19, 2017 MOTION: Councilmember Mikos moved and Councilmember Van Dam seconded a motion to introduce Ordinance No. 452 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 6:30 p.m. on July 26, 2017, for purposes of providing second reading and adoption of the ordinance.. The motion carried by unanimous roll call vote. 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Councilmember Pollock moved and Councilmember Van Dam seconded a motion to approve the Consent Calendar with the exception of Items 10.A, 10.E, and 10.1, which were pulled for individual consideration. The motion carried by unanimous roll call vote. B. Consider Minutes of Special 6:15 p.m. City Council Meeting of July 5, 2017. Staff Recommendation: Approve the minutes. C. Consider Warrant Register for Fiscal Year 2016/17 — July 19, 2017. Staff Recommendation: Approve the warrant register. D. Consider Warrant Register for Fiscal Year 2017/18 — July 19, 2017. Staff Recommendation: Approve the warrant register. F. Consider Surety Bond Exoneration for Pardee Homes Work within the Boundaries of Tract 5045. Staff Recommendation: Authorize the City Clerk to fully exonerate nine Pardee Homes Surety Bonds for work within the boundaries of Tract 5034 as detailed in the agenda report. G. Consider Rejection of Claim from: Teresa Torrijos. Staff Recommendation: Reject the claim and direct staff to send a standard rejection letter to the claimant. H. Consider Rejection of Claim from: Mercury Insurance for Alberto Ceia. Staff Recommendation: Reject the claim and direct staff to send a standard rejection letter to the claimant. J. Consider Agreement with Away We Grow Preschool, LLC, for Contract Instructor Services at the Arroyo Vista Recreation Center. Staff Recommendation: Approve the Agreement and authorize the City Manager to execute the Agreement, subject to final language approval by the City Manager. K. Consider Authorization for Recordation of the Notice of Completion for Recreational Trail Project and Release of Bonds in Accordance with the Contact. Staff Recommendation: Authorize the City Clerk to file the Minutes of the City Council/Successor Agency Moorpark, California Page 9 July 19, 2017 Notice of Completion, and release the project bonds as outlined in the agenda report. L. Consider Geotechnical Report for Civic Center Site. Staff Recommendation: Receive and file report. M. Consider Award of Bid for Pavement Rehabilitation Project at Arroyo Vista Community Park and Lassen Avenue Pedestrian/Bike Lane Maintenance to Berry General Engineering Contractors, Inc. and Resolution Amending the Fiscal Year 2017/18 Budget to Fund the Project. Staff Recommendation: 1) Authorize award of Agreement for Pavement Rehabilitation Project at Arroyo Vista Community Park and the Lassen Avenue Pedestrian/Bike Lane Maintenance (M0032 and L0078) to Berry General Engineering Contractors, Inc. for the contract amount of $457,847.20, plus a project contingency of $45,784.00 for a total construction cost of $503,631.20; and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager; and 2) Adopt Resolution No. 2017-3615, amending the FY 2017/18 Budget to fully fund the project as described in the agenda report. ROLL CALL VOTE REQUIRED N. Consider Response to Final Report of the Ventura County Grand Jury 2016-2017 on Water Consideration for Cities. Staff Recommendation: Approve the draft response to the Grand Jury report findings and recommendations and authorize the Mayor to sign and submit the response to the Presiding Judge of the Superior Court. The following items were pulled for individual consideration. A. Consider Minutes of Special 5:30 p.m. City Council Meeting of July 5, 2017. Staff Recommendation: Approve the minutes. Councilmember Mikos stated the minutes would need to be amended to remove Item 5.E. from the Closed Session discussion as this was not heard at the July 5, 2017 meeting. MOTION: Councilmember Mikos moved and Mayor Parvin seconded a motion to approve the minutes of the Special 5:30 p.m. City Council meeting of July 5, 2017, as amended to delete Item 5.E. from Closed Session discussion. The motion carried by unanimous voice call vote • E. Consider Plans and Authorization to Advertise for Public Bids for Repair of a Slope Failure on Lot Q within Meridian Hills Tract 5187-1. Staff Recommendation: Approve the design for the project and authorize staff to advertise for construction public bids. Minutes of the City Council/Successor Agency Moorpark, California Page 10 July 19, 2017 Councilmember Pollock stated he must abstain from participation in voting on this item as he is a resident of Meridian Hills and this would pose a conflict of interest. MOTION: Mayor Parvin moved and Councilmember Van Dam seconded a motion to approve the design for the repair of a slope failure on Lot Q within Meridian Hills Tract 5187-1 and authorize staff to advertise for construction public bids. The motion carried by 4-0 voice vote, Councilmember Pollock abstaining. I. Consider City Co-sponsorship of the Rotary Club of Moorpark Noontime 2017 Moorpark Mammoth Run Event. Staff Recommendation: Approve City co-sponsorship as outlined in the agenda report, subject to final language approval of the Letter of Agreement, Indemnification, and Hold Harmless by the City Manager. Mayor Parvin stated she must abstain from this item as she is a Rotary Club member. MOTION: Councilmember Pollock moved and Councilmember Van Dam seconded a motion to approve City co-sponsorship of the Rotary Club of Moorpark Noontime 2017 Moorpark Mammoth Run event as outlined in the agenda report, subject to final language approval of the Letter of Agreement, Indemnification and Hold Harmless by the City Manager. The motion carried by 4-0 voice vote, Mayor Parvin abstaining. 11. ORDINANCES: (ROLL CALL VOTE REQUIRED) None. 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for discussion of one case under Item 12.A. and two cases under Item 12.B. on the agenda. Mr. Ennis announced the facts and circumstances for going into closed session for Item 12.A. are covered under Paragraph (2) of Subdivision (d) with no further announcement at this time. MOTION: Councilmember Mikos moved and Councilmember Pollock seconded a motion to go into closed session for discussion of one case under Item 12.A. and two cases under Item 12.B. on the agenda. The motion carried by unanimous voice vote. The time was 9:48 p.m. Minutes of the City Council/Successor Agency Moorpark, California Page 11 July 19, 2017 A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Paragraphs (2) or (3) of Subdivision (d) of Government Code Section 54956.9: (Number of cases to be discussed - 4) 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) Present in closed session were Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin; Steven Kueny, City Manager; and Kevin Ennis, City Attorney. The Council reconvened into open session at 10:50 p.m. Mr. Kueny stated one case under Item 12. A. and two cases under Item 12.B. were discussed and there was no action to report. 13. ADJOURNMENT: Mayor Parvin adjourned the Regular Meeting of July 19, 2017, to Wednesday, July 26, 2017, at 6:30 p.m. to be held at the Moorpark Community Center, 799 Moorpark Avenue. The time was 10:50 p.m. ice S. Parvin, Mayor ATTEST: A 7° �r Maureen Benson, City Clerk tr� C7' �' �+ L