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HomeMy WebLinkAboutMIN 2017 1018 CC SA REG MINUTES OF THE CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Moorpark, California October 18, 2017 A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency was held on October 18, 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 6:51 p.m. 2. PLEDGE OF ALLEGIANCE: Management Analyst Chris Ball 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; Brian Chong, Administrative Services Manager; Teri Davis, Program Manager; Captain John Reilly, Sheriffs Department; and Maureen Benson, City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation Recognizing October 23-31 as Red Ribbon Week. Mayor Parvin presented School Resource Officer, Deputy George Hernandez with a proclamation recognizing October 23-31 as Red Ribbon Week. B. Proclamation Recognizing October 24, 2017 as World Polio Day. Mayor Parvin presented Dylan Gunning of the Morning Moorpark Rotary Club and James Lewis of the Moorpark Rotary Club with proclamations declaring October 24, 2017, as World Polio Day. Minutes of the City Council/Successor Agency Moorpark, California Page 2 October 18, 2017 5. PUBLIC COMMENT: David Maron, Vice Chair of the Ventura County Civic Alliance presented Moorpark highlights from the 2017 State of the Region Report. 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 Pollock reported on October 12th he attended "Rendezvous at the Zoo" which is the annual fundraising event to benefit the Moorpark College Teaching Zoo. Councilmember Pollock reported he and Councilmember Simons had attended the 16th Annual Ventura County Housing Conference along with Management Analyst Chris Ball on October 18th where Assemblywoman Jacqui Irwin gave an informative handout on the key pieces of legislation that were passed this year which benefited housing issues. Councilmember Mikos reported on October 12th she and Councilmember Simons along with Information Systems Manager Atanas Beltchev and Administrative Services Manager Brian Chong attended a Broadband Conference session hosted by the Economic Development Collaborative of Ventura County and the Broadband Consortium. She requested a future agenda item to set up an official Broadband Ad Hoc Committee. Councilmember Mikos announced on November 1st, Bruce Stenslie, President and CEO of the Economic Development Collaborative of Ventura County will give a presentation on Current Economic Trends, Business Services and Priorities. Councilmember Mikos stated she is looking forward to attending the October 20th opening night of "Grease" at the High Street Arts Center. Councilmember Van Dam thanked staff for all their work in making Country Days on October 7th another successful event. Councilmember Simons reported the Broadband Consortium on October 12th was very informative. He recommended staff take a look at the "tool box" provided at this event containing protocols. Minutes of the City Council/Successor Agency Moorpark, California Page 3 October 18, 2017 Councilmember Simons reported he had attended a meeting of the Ventura County Transportation Commission where comprehensive information was provided on the workings of the Port of Oxnard and Port Hueneme. Mayor Parvin announced the first annual "Haunted High Street" event will take place on October 31st with many fun, scary activities. Mayor Parvin announced free transit agency services to Veterans in Moorpark on November 10th. Mayor Parvin reported she had attended the Senior Olympic Games closing ceremony on October 6th. Mayor Parvin congratulated the Moorpark Chamber of Commerce on another successful Country Days on October 7th. Mayor Parvin congratulated the Moorpark Rotary clubs for the success of the Moorpark Mammoth Run/Walk on October 8th and recognized Councilmember Mikos for her participation in this event. Mayor Parvin thanked staff and all the volunteers for working the weekend to make these events a success. Mayor Parvin wished her husband who was at home watching the meeting, a Happy 42nd Anniversary. 8. PUBLIC HEARINGS: None. 9. PRESENTATION/ACTION/DISCUSSION: A. Consider Purchase of 125 Acres of Open Space from Waste Management, Inc. at a Cost of $1,500,000 in the Vicinity of Moorpark College and Related Actions as Part of the Moorpark North-East Open Space Property Purchase Project; Consider Finding that the Project is Exempt from the Provisions of the California Environmental Quality Act; Consider a Resolution Amending the Fiscal Year 2017/18 Budget for the Project to a Total of $1,675,000; Consider Amendment to Agreement with Tabbara Corporation to Complete a Phase 2 Environmental Site Assessment in the amount of $52,850, Plus a Contingency of $10,000 for a Total Cost of$62,850; and Consider Direction to Purchase an Additional 130 Acres of Open Space from Waste Management, Inc. in the Vicinity of Moorpark College. Staff Recommendation: 1) Find that the Moorpark North-East Open Space Property acquisition is categorically exempt from CEQA, pursuant to Sections 15317 and 15325 of the CEQA Guidelines, Minutes of the City Council/Successor Agency Moorpark, California Pace 4 October 18, 2017 California Code of Regulations, Title 14, Chapter 3; 2) Adopt Resolution No. 2017-3636, approving a budget amendment to the Fiscal Year 2017/18 budget to add $100,000 for land acquisition and $75,000 for acquisition costs, for a total project budget of $1,675,000; 3) Approve Amendment No. 3 to the Agreement with Tabbara Corporation, and authorize the City Manager to sign it, subject to final language approval by the City Manager; 4) Authorize the City Manager to sign a Purchase and Sale Agreement, and related documents, subject to final language approval by the City Manager and City Attorney, to acquire the 125 acres comprising the Moorpark North-East Open Space Property Purchase Project, as described in the staff report, from Waste Management at a cost of $1,500,000 5) Approve a conservation easement, subject to the City Manager's and City Attorney's final language approval, to the County of Ventura on the property purchased with the County's MOU funds; and 6) Direct the City Manager to negotiate a Purchase and Sale Agreement to purchase the remaining 130 acres of open space owned by Waste Management north of the 118 Freeway and located within the City limits. ROLL CALL VOTE REQUIRED Mr. Chong gave the staff report and described changes to staff recommendation number 4 to have the City Council direct the City Manager to finalize a Purchase and Sale Agreement to require the 125 acres and bring it back to the Council for approval at a later date. There were no speakers. MOTION: Councilmember Pollock moved and Councilmember Mikos seconded a motion to: 1) Find that the Moorpark North-East Open Space Property acquisition is categorically exempt from CEQA, pursuant to Sections 15317 and 15325 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; 2) Adopt Resolution No. 2017-3636, approving a budget amendment to the Fiscal Year 2017/18 budget to add $100,000 for land acquisition and $75,000 for acquisition costs, for a total project budget of $1,675,000; 3) Approve Amendment No. 3 to the Agreement with Tabbara Corporation, and authorize the City Manager to sign it, subject to final language approval by the City Manager; 4) As amended, to direct the City Manager to finalize a Purchase and Sale Agreement to require the 125 acres and bring it back to the Council for approval at a later date; 5) Approve a conservation easement, subject to the City Manager's and City Attorney's final language approval, to the County of Ventura on the property purchased with the County's MOU funds; and 6) Direct the City Manager to negotiate a Purchase and Sale Agreement to purchase the remaining 130 acres of open space owned by Waste Management north of the 118 Freeway and located within the City limits. The motion carried by unanimous roll call vote. Minutes of the City Council/Successor Agency Moorpark, California Page 5 October 18, 2017 B. Consider Earthquake Preparedness Initiative and Adoption of an Ordinance Approving the Addition of Section 15.08.045, Earthquake Hazard Reduction for Telecommunication and Broadcast Towers, to Chapter 15.08, Building Code, of Title 15, Building and Construction, of the Moorpark Municipal Code, Making a Finding that the Amendment to the California Building Code Is Reasonably Necessary, and Determining that this Action Is Exempt from the California Environmental Quality Act. Staff Recommendation: 1) Introduce Ordinance No. 456, for first reading, waive full reading, and direct staff to schedule second reading and adoption of the ordinance for November 1, 2017; and 2) Provide direction to the Community Development Department that following adoption of the ordinance, Guidelines for Permitting New Telecommunication and Broadcast Towers and Replacement of Units on Existing Towers to provide clarification for new and modified installations shall be prepared, and these Guidelines shall be completed prior to December 1, 2017. Ms. Davis gave the staff report. There were no speakers. Mr. Ennis read the title of Ordinance No. 456. MOTION: Councilmember Van Dam moved and Mayor Parvin seconded a motion to: 1) Introduce Ordinance No. 456, for first reading, waive full reading, and direct staff to schedule second reading and adoption of the ordinance for November 1, 2017; and 2) Provide direction to the Community Development Department that following adoption of the ordinance, Guidelines for Permitting New Telecommunication and Broadcast Towers and Replacement of Units on Existing Towers to provide clarification for new and modified installations shall be prepared, and these Guidelines shall be completed prior to December 1, 2017. The motion carried by unanimous voice vote. C. Consider Policy on Social Media Use by Members of the City Council and City Commissions. Recommendation: Approve new Policy 2.20 and revise the numbering for the Waste Reduction and Recycled Content Product Procurement Practices Policy from 2.20 to 2.21, and direct staff to incorporate the new Policy 2.20 and the numbering change for Policy 2.21 into the next comprehensive update of the City Council Policies Resolution. Mr. Ennis gave the agenda report. There were no speakers. A discussion followed among the Councilmembers expressing concerns about unnecessary restrictions and requesting clarification for Item 4.A. to Minutes of the City Council/Successor Agency Moorpark, California Page 6 October 18, 2017 include information if the Member is only acknowledging or referring to an existing document or posting not discussing or giving an opinion; clarify that No. 5. is in regard to a public records request and that not just any staff member can make a request of a Member; a suggestion that the Member who observes something on social media that needs clarification or correction should forward it to the City Manager or appropriate staff member for a response; and whether using the icons such as the "Like" button in response to a posting counts as an opinion. CONSENSUS: It was the unanimous consensus of the Council to continue this item to a future meeting to allow time for the City Attorney and staff to address the expressed concerns regarding the Policy. D. Consider Concerns Expressed About Moorpark Highlands Community Facilities District 2004-1 and Landscape Maintenance District 22 Assessments. Staff Recommendation: Appoint a City Council Ad Hoc Committee. Mr. Kueny gave the staff report. There were no speakers. CONSENSUS: It was the unanimous consensus of the Council for Mayor Parvin and Councilmember Mikos to serve on the Moorpark Highlands Ad Hoc Committee. 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Councilmember Van Dam moved and Councilmember Pollock 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 September 20, 2107. Staff Recommendation: Approve the minutes. B. Consider Warrant Register for Fiscal Year 2017/18 — October 18, 2017. Staff Recommendation: Approve the warrant register. C. Consider a Cooperative Agreement with the State Department of Public Health and Agencies Applying Pesticides for Public Health Purposes. Staff Recommendation: Approve the Cooperative Agreement and authorize the Mayor to execute the Agreement on behalf of the City. D. Consider Resolution Amending the City of Moorpark Franchise Agreements with G.I. Industries and Moorpark Rubbish Disposal, LLC, for Both Residential and Commercial Solid Waste Services, and Authorize the Minutes of the City Council/Successor Agency Moorpark, California Page 7 October 18, 2017 City Manager to Execute the Amendments to the Agreements to Extend Term to December 31, 2017. Staff Recommendation: 1) Adopt Resolution No. 2017-3637, and 2) Authorize the City Manager to execute the Amendments to the Franchise Agreements, subject to final language approval by the City Manager. E. Consider Amendment No. 13 to the Local Street Access Agreement between the City of Moorpark and Waste Management of California, Inc, Doing Business as the Simi Valley Landfill and Recycling Center. Staff Recommendation: Authorize the City Manager to sign Amendment No. 13 extending the Agreement until December 31, 2017, subject to final language approval by the City Manager. F. Consider Authorizing Deposit and Reimbursement Agreement with Pacific Communities Builder, Inc. for the Formation of Community Facilities District 2018-1 (CFD 2018-1). Staff Recommendation: Authorize the Mayor to execute the Agreement, subject to final language approval by the City Manager and City Attorney. G. Consider Amendment No. 1 to Agreement with Architerra, Inc. for Landscape Architectural Services in Landscape Maintenance District 15; Consider Amendment No. 1 to Agreement with Architerra, Inc. for Landscape Architectural Services in Landscape Maintenance District 22; and Consider Resolution Amending the Fiscal Year 2017/18 Budget to Fund the Landscape Architect Services. Staff Recommendation: 1) Approve Amendment No. 1 to Agreement with Architerra, Inc. for $30,267 for median island landscape redesign and contingency in District 15 (Championship Drive), and authorize execution of the Amendment by the City Manager, subject to final language approval by the City Manager; 2) Approve Amendment No. 1 to Agreement with Architerra, Inc. for $40,200 for median island landscape redesign in District 22 (Spring Road and Ridgecrest Drive), and authorize execution of the Amendment by the City Manager, subject to final language approval by the City Manager; and 3) Adopt Resolution No. 2017-3638, amending the FY 2017/18 Budget to fund landscape architectural services. ROLL CALL VOTE REQUIRED H. Consider Rejection of Bids for the Tierra Rejada Road Tree Irrigation and Landscape Median Renovation Project (Project No. M0031). Staff Recommendation: Reject all bids and authorize staff to re-advertise for bids. I. Consider Authorizing Acceptance of Easement Deed for Canterbury Lane Landscape Maintenance District (Zone 21). Staff Recommendation: Authorize the City Clerk to accept interest in the Easement Deed from the Canterbury Lane Homeowner's Association for purposes of public landscape maintenance. Minutes of the City Council/Successor Agency Moorpark, California Page 8 October 18, 2017 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.B., and Items 12.C. and 12.E. on the agenda. MOTION: Mayor Parvin moved and Councilmember Van Dam seconded a motion to adjourn to closed session for a discussion of one case under Item 12.B., and Items 12.C. and 12.E. on the agenda. The motion carried by unanimous voice vote. The time was 8:55 p.m. 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-W M-VTA) E. PUBLIC EMPLOYMENT Pursuant to Government Code Section 54957 (b)(1) Title: City Manager 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; and Sean Corrigan, City Engineer/Public Works Director. Mr. Bobardt, Mr. Corrigan, and Mr. Kueny left the meeting at 9:29 p.m. The Council reconvened into open session at 10:34 p.m. Mr. Ennis stated one case under Item 12.B. and Items 12.C. and 12.E. were discussed and there was no action to report. 1 Minutes of the City Council/Successor Agency Moorpark, California Page 9 October 18, 2017 13. ADJOURNMENT: Mayor Parvin adjourned the meeting at 10:34 p.m. 4 4' ,,,, ,,,,c,,,,,,\_, nice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk 'ijii�' � �