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
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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
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nice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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