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T� MINUTES OF THE CITY COUNCIL AND
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK
Moorpark, California October 4, 2017
A Regular Meeting of the City Council of the City of Moorpark and the Successor
Agency was held on October 4, 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 6:40 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;
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; John Reilly, Sheriffs Department; and Maureen
Benson, City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
None.
5. PUBLIC COMMENT:
Matt Barker, representing residents of the Campus Park area, spoke in favor of
installing speed bumps to discourage reckless driving and speeding in his
neighborhood from Stanford Street onto North Amherst Street. He provided an
aerial exhibit of the streets marked with the locations of auto accidents.
Wes Elder, a resident of the Moorpark Highlands area, thanked the Council, staff
and Moorpark Police Department for listening to the residents and for taking
action to solve issues concerning Landscape Maintenance Zone 22.
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Denis Dulcett, resident of North Amherst Street, stated he is very concerned
about the speeding traffic on his street, which is very dangerous.
Pat Miranda, resident of North Amherst Street, described the dangerous
conditions caused by speeding vehicles on this street and requested speed
bumps be installed on the corner to slow drivers.
Chad Chilton, resident of North Amherst Street described speed on this street as
excessive, with cars losing control coming around the corner. He stated stop
signs would help.
Michael Polda, a Moorpark resident, requested an investigation of the safety
issue at the railroad crossing at Spring Road where the gates are deployed when
there is no train coming.
Kenneth Macleod, resident of North Amherst Street, spoke in support of installing
speed bumps to curtail speeding on his street.
Councilmember Van Dam, Councilmember Mikos and Mayor Parvin
recommended residents continue to work with the Moorpark Police Department
and consider attending a future Transportation and Public Works Standing
Committee meeting where staff will look into the speed issue on North Amherst
Street.
Councilmember Van Dam stated the City Engineer is looking into the issue of
phantom trains and the timing and backup for the safety gates.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
CONSENSUS: It was the unanimous consensus of the Council to hear Items 11.A. and
11.B. prior to Item 9.A. on the agenda upon the request of Mayor Parvin.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
Councilmember Simons reported he attended the Morning Moorpark Rotary Beer
Festival, which raised funds for local charities and also mentioned the Kiwanis
upcoming Poker event.
Councilmember Simons reported he attended the International Council of
Shopping Centers Convention on October 3rd where he spoke with several
Moorpark commercial realtors on what Moorpark has to offer.
Councilmember Simons reported he attended the Transportation and Public
Works Standing Committee meeting on October 2nd, where the issue of cars
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parking in front of mailboxes for the Mountain Meadows Mirabella area was the
focus of discussion.
Councilmember Simons reported on the Cal State Channel Islands Site Authority
meeting he attended on October 2nd.
Councilmember Van Dam announced Kiwanis will be sponsoring a Poker fund
raising event on October 14th at McGregors for the benefit of Moorpark charities.
In response to Councilmember Van Dam's request for a future agenda item to
discuss how the City can pay for and install landscaping on Caltrans property
along the Tierra Rejada roadway at the exits from State Route 23, Mr. Kueny
stated this could be added to the February 2018 discussion of Goals and
Objectives. Mayor Parvin stated she had met a person at the recent Arroyo
Cleanup event who wanted to put together some volunteers to start a cleanup
project such as the one Councilmember Van Dam was suggesting for the State
Route 23 exits.
Councilmember Pollock reported on September 23rd he attended the gala at the
High Street Arts Center and was pleased to see all of the improvements to the
inside of the theater and the number of patrons willing to make donations at the
live auction.
Councilmember Pollock reported on September 30th had attended a gala for the
Moorpark Women's Fortnightly Club, which is the oldest service organization in
the community and at this event they were raising funds for Interface.
Councilmember Pollock reported he had attended the fund raising event at the
Rotary Beer Festival, which had a great turn out.
Councilmember Mikos reported she had attended the High Street Arts Center
Foundation gala, the opening dedication walk for the Arroyo Vista Recreational
Trail, and the Rotary Beer Festival, which she suggested could be a good
addition to the next Country Days event.
Councilmember Mikos announced that Country Days will be held Saturday,
October 7th on High Street and she will be walking in the Moorpark Mammoth
Run/Walk, which will be this Sunday, October 8th.
Councilmember Mikos reported she had attended an Ad Hoc Committee meeting
on the Grand Moorpark Development Agreement just prior to the start of this
meeting.
Mayor Parvin thanked the Morning Rotary Club for holding their 8th Annual Beer
Festival on High Street on October 1st with 24 beer vendors, live entertainment,
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and highlighting local food vendors. She stated this event raised money to
support charities in Moorpark and surrounding areas.
Mayor Parvin announced Country Days is this Saturday, October 7th with the
parade on High Street to start at 10:30 a.m.
Mayor Parvin announced at the Country Days event on Saturday, the newest
Metrolink locomotive and passenger car will be available for the public to view.
Mayor Parvin announced the City of Moorpark and Noontime Rotary Club of
Moorpark will be sponsoring the 4th Annual Moorpark Mammoth Run on Sunday,
October 8th starting at Mammoth Highlands Park. It includes a 5K, 10K, and
family fun run/walk.
Mayor Parvin reported she gave an economic development update to the
Moorpark Rotary Club.
Mayor Parvin reported she had attended a meeting of the Ventura Council of
Governments where David Bobardt, Community Development Director, gave a •
presentation on affordable housing in Moorpark.
Mayor Parvin reported she had attended the Moorpark College wrestling event.
Mayor Parvin reported she had participated in the 1.2 mile Arroyo Vista
Recreational Trail grand opening event.
Mayor Parvin reported she had attended a Moorpark Chamber of Commerce
mixer at the Ruben Castro Human Services Center.
Mayor Parvin reported today, she had attended a Government Relations meeting
at the Moorpark Chamber of Commerce where she learned about what mutual
aid is going to Puerto Rico from our County: upcoming legislative bills, a
Misdemeanor Diversion Program; and the West Nile Virus.
8. PUBLIC HEARINGS:
None.
AT THIS POINT in the meeting, Items. 11.A. and 11.B. were heard.
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
A. Consider Ordinance No. 453 An Ordinance of the City of Moorpark,
California, Approving Zone Change No. 2016-01, for a Change of Zoning
from Commercial Planned Development (CPD) and Residential Planned
Development (RPD-7U & RPD-7.5U) to Residential Planned Development
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(RPD-9U & RPD-20U) and Open Space (OS) on 40.53 Acres on the
South Side of Los Angeles Avenue, West of Leta Yancy Road on the
Application of Pacific Communities Builder, Inc. Staff Recommendation:
Waive full reading, declare Ordinance No. 453 read for the second time,
and adopted as read. ROLL CALL VOTE REQUIRED
Mr. Ennis read the title of Ordinance No. 453.
MOTION: Councilmember Mikos moved and Mayor Parvin seconded a motion to
waive full reading, declare Ordinance No. 453 read for the second time, and
adopted as read. The motion carried by unanimous roll call vote.
B. Consider Ordinance No. 454 An Ordinance of the City of Moorpark,
California, Approving Development Agreement No. 2016-01 by and
between the City of Moorpark and Moorpark Homes, LLC, MP Group,
LLC, and CLP Investment, LLC for General Plan Amendment No. 2016-
01, Zone Change No. 2016-01, Residential Planned Development No.
2016-01, and Vesting Tentative Tract Map No. 5882, a Residential
Development Project Consisting of 153 Single-Family Homes and 131
Detached Condominiums on 38.73 Acres on the South Side of Los
Angeles Avenue, West of Leta Yancy Road. Staff Recommendation:
Waive full reading, declare Ordinance No. 454 read for the second time,
and adopted as read. ROLL CALL VOTE REQUIRED
Mr. Ennis read the title of Ordinance No. 454.
MOTION: Councilmember Pollock moved and Councilmember Van Dam
seconded a motion to waive full reading, declare Ordinance No. 454 read for the
second time, and adopted as read. The motion carried by unanimous roll call
vote.
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Resolution to Adopt a Project List to be Funded by Senate Bill 1
(SB 1): The Road Repair and Accountability Act of 2017 and Authorize
the Finance Director to Certify Past Discretionary Spending on Local
Streets to the State Controller. Staff Recommendation: 1) Adopt
Resolution No. 2017-3633 and authorize staff to submit the proposed
project list to the California Transportation Commission prior to October
16, 2017; and 2) Authorize the Finance Director to certify that the
Maintenance of Effort Calculations are correct.
Mr. Corrigan gave the staff report.
There were no speakers.
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MOTION: Councilmember Pollock moved and Councilmember Van Dam
seconded a motion to: 1) Adopt Resolution No. 2017-3633 and authorize staff to
submit the proposed project list to the California Transportation Commission prior
to October 16, 2017; and 2) Authorize the Finance Director to certify that the
Maintenance of Effort Calculations are correct. The motion carried by unanimous
voice vote.
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Mikos moved and Councilmember Simons seconded a
motion to approve the Consent Calendar. The motion carried by unanimous roll call
vote.
A. Consider Minutes of Regular City Council/Successor Agency Meeting of
June 7, 2017. Staff Recommendation: Approve the minutes.
B. Consider Minutes of Regular City Council/Successor Agency Meeting of
September 6, 2017. Staff Recommendation: Approve the minutes.
C. Consider Minutes of Special City Council Meeting of September 27, 2017.
Staff Recommendation: Approve the minutes.
D. Consider Warrant Register for Fiscal Year 2017/18 — October 4, 2017.
Staff Recommendation: Approve the warrant register.
E. Consider Resolution Amending the Fiscal Year 2017/18 Budget to
Increase Funding for City Newsletter Printing Costs by $2,700. Staff
Recommendation: Adopt Resolution No. 2017-3634. ROLL CALL VOTE
REQUIRED
F. Consider Amendment No. 1 to Agreement with Malibu Canyon Landscape
and Maintenance, Inc. for Landscape and .Hardscape Installation and
Repair Services. Staff Recommendation: Approve Amendment No. 1
with MCLM for landscape and hardscape installation and repair services,
and authorize execution of the Amendment by the City Manager, subject
to final language approval of the City Manager.
G. Consider Update to Tierra Rejada Streetscape Revitalization Project
(Project No. M0031). Staff Recommendation: 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.
H. Consider Award of Contract to The Adjul Corporation DBA Lee
Construction Company to Repair the Slope within Lot Q of Meridian Hills
and Adopt Resolution Amending the Fiscal Year 2017/18 Budget to Fund
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the Contract and Other Work. Staff Recommendation: 1) Award a
construction contract to The Adjul Corporation DBA Lee Construction
Company, and authorize the City Manager to execute the construction
contract in the amount of $36,001 for the subject project, subject to final
language approval by the City Manager; 2) Authorize the City Manager to
amend the construction contract for project contingencies in an amount
not to exceed $7,200 (20%), if an when the need arises for extra work and
services; and 3) Adopt Resolution No. 2017-3536, amending the FY
2017/18 Budget to appropriate $75,000 for the work. ROLL CALL VOTE
REQUIRED
11. ORDINANCES: (continued)
C. Consider Ordinance No. 455, an Ordinance of the City of Moorpark,
California, Amending Chapter 15.21 — Small Residential Rooftop Solar
Energy Systems, of Title 15, Buildings and Construction, of the Moorpark
Municipal Code, to Address Electric Vehicle Charging Stations, and
Determination that the Creation of an Expedited, Streamlined Permitting
Process for Electric Vehicle Charging Stations Is Exempt from the
Provisions of the California Environmental Quality Act. Staff
Recommendation: Waive full reading, declare Ordinance No. 455 read for
the second time, and adopted as read. ROLL CALL VOTE REQUIRED
Mr. Ennis read the title of Ordinance No. 455.
MOTION: Mayor Parvin moved and Councilmember Simons seconded a motion
to waive full reading, declare Ordinance No. 455 read for the second time, and
adopted as read. The motion carried by unanimous roll call vote.
12. CLOSED SESSION:
Mr. Kueny requested the City Council go into closed session for discussion of
two cases under Items 12.A, three cases under Items 12.B, and Items 12.C,
12.D, 12.E, 12.F, and 12.G. on the agenda.
Mr. Ennis announced for the two cases under Item 12.A. they are going to be
discussed pursuant to Paragraph 2 of Subdivision (d) of the Government Code
Section 54956.9 and no further disclosure is required at this time.
MOTION: Mayor Parvin moved and Councilmember Mikos seconded a motion to
adjourn to closed session for a discussion of two cases under Items 12.A, three cases
under Items 12.B, and Items 12.C, 12.D, 12.E, 12.F, and 12.G. on the agenda. The.
motion carried by unanimous voice vote. The time was 7:24 p.m.
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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)
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)
D. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(Pursuant to Paragraph (1) of subdivision (d) of Government Code Section
54956.9)
City of Moorpark v. County of Ventura et aI. (Real Party in Interest, Wayne
J. Sand & Gravel, Inc.) (Case No. 56-2016-00482408-CU-WM-VTA
E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8
Property: APN 512-0-092-160, 139 E. High Street
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Family Realty Trust
Under Negotiation: Price and terms of payment
F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8
Property: APN: 513-0-060-315, 513-0-060-175, and 513-0-060-185
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: Bob Boyer/CBRE representing Calabasas BCD, Inc.
Under Negotiation: Price and terms of payment
G. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Paragraph (1) of Subdivision (b) of Government Code
Section 54957)
Title: City Manager and City Attorney
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; David Bobardt,
Community Development Director; Sean Corrigan, City Engineer; and Jessica
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Sandifer, Program Manager. Ms. Sandifer left the meeting at 7:47 p.m.
Councilmember Simons left the meeting at 8:23 p.m., due to a potential conflict
of interest, and returned to the meeting at 8:47 p.m. Councilmember Pollock left
the meeting at 8:56 p.m., due to a potential conflict of interest, and returned to
the meeting at 9:12 p.m. Mr. Bobardt and Mr. Corrigan left the meeting at 9:12
p.m.
The Council reconvened into open session at 9:39 p.m. Mr. Kueny stated two
cases under Items 12.A, three cases under Items 12.B, and Items 12.C, 12.D,
12.E, 12.F, and 12.G. on the agenda were discussed and there was no action to
report.
Councilmember Pollock requested a reconsideration of the vote on Item 10.H. on
the Consent Calendar, since it had been his intent to abstain due to a potential
conflict of interest.
MOTION: Councilmember Pollock moved and Councilmember Van Dam seconded a
motion to reconsider the vote on Consent Calendar Item 10.H. The motion carried by
unanimous voice vote.
10. H. Reconsider of Award of Contract to The Adjul Corporation DBA Lee
Construction Company to Repair the Slope within Lot Q of Meridian Hills
and Adopt Resolution Amending the Fiscal Year 2017/18 Budget to Fund
the Contract and Other Work. Staff Recommendation: 1) Award a
construction contract to The Adjul Corporation DBA Lee Construction
Company, and authorize the City Manager to execute the construction
contract in the amount of $36,001 for the subject project, subject to final
language approval by the City Manager; 2) Authorize the City Manager to
amend the construction contract for project contingencies in an amount
not to exceed $7,200 (20%), if an when the need arises for extra work and
services; and 3) Adopt Resolution No. 2017-3536, amending the FY
2017/18 Budget to appropriate $75,000 for the work. ROLL CALL VOTE
REQUIRED '
MOTION: Councilmember Van Dam moved and Mayor Parvin seconded a
motion to: 1) Award a construction contract to The Adjul Corporation DBA Lee
Construction Company, and authorize the City Manager to execute the
construction contract in the amount of $36,001 for the subject project, subject to
final language approval by the City Manager; 2) Authorize the City Manager to
amend the construction contract for project contingencies in an amount not to
exceed $7,200 (20%), if an when the need arises for extra work and services;
and 3) Adopt Resolution No. 2017-3536, amending the FY 2017/18 Budget to
appropriate $75,000 for the work. The motion carried by roll call vote 4-0,
Councilmember Pollock abstaining.
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13. ADJOURNMENT:
Mayor Parvin adjourned the meeting at 9:41 p.m.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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