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CC Resolution No. 2018-3667
Ordinance No. 462
SA Resolution No. SA-2018-21
CITY COUNCIL AND SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
("SUCCESSOR AGENCY")
MOORPARK, CALIFORNIA
REGULAR MEETING AGENDA
WEDNESDAY, FEBRUARY 7, 2018
6:30 P.M.
Moorpark Community Center 799 Moorpark Avenue
All items listed are heard and acted upon by the Moorpark City Council unless otherwise noted.
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS AND COMMENDATIONS:
5. PUBLIC COMMENT:
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
(Pursuant to Council Rules of Procedure, Section 2.9, Items to be withdrawn from the
Consent Calendar shall be identified at this time.)
All writings and documents provided to the majority of the City Council regarding all open-session agenda items are
available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business
hours. The agenda packet for all City Council meetings is available on the City's website at www.moorparkca.qov.
Any member of the public may address the Council during the Public Comments portion of the Agenda, unless it is a
Public Hearing or a Presentation/Action/Discussion item.Speakers who wish to address the Council concerning a Public
Hearing or Presentation/Action/Discussion item must do so during the Public Hearing or Presentation/Action/Discussion
portion of the Agenda for that item. Speaker cards must be received by the City Clerk for Public Comment prior to the
beginning of the Public Comments portion of the meeting; for a Presentation/Action/Discussion item, prior to the Mayor's
call for speaker cards for each Presentation/Action/Discussion agenda item; and for a Public Hearing item, prior to the
opening of each Public Hearing, or beginning of public testimony for a continued hearing. A limitation of three minutes
shall be imposed upon each Public Comment and Presentation/Action/Discussion item speaker. A limitation of three to
five minutes shall be imposed upon each Public Hearing item speaker.Written Statement Cards may be submitted in lieu
of speaking orally for open Public Hearings and Presentation/Action/Discussion items. Any questions concerning any
agenda item may be directed to the City Clerk's office at 517-6223.
Moorpark City Council/Successor Agency
February 7, 2018 Regular Meeting Agenda
Page 2
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
8. PUBLIC HEARINGS:
A. Consider Resolution Increasing the Los Angeles Avenue Area of
Contribution Fee and Rescinding Resolution No. 2014-3336. Staff
Recommendation: 1) Open the public hearing, accept public testimony,
and close the public hearing; and 2) Adopt Resolution No. 2018- ,
increasing the Los Angeles Avenue AOC fees to $10,134 for each
residential unit and $56,749 for each acre of commercial/industrial
property and rescinding Resolution No. 2014-3336. ROLL CALL VOTE
REQUIRED (Staff: Sean Corrigan)
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Continuing Establishing Parking Restrictions on Second Street
and Finding this Action to be Exempt from Environmental Review under the
California Environmental Quality Act. (continued from January 17, 2018)
Staff Recommendation: Continue the item to February 21, 2018. (Staff:
Shaun Kroes)
B. Consider Resolution Adopting a Revised Management Benefits Program
and Rescinding Resolution No. 2017-3649. Staff Recommendation: 1)
Prior to a motion to adopt the Management Benefits Resolution, 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 a revised Management Benefits Resolution. The
benefits and compensation described in the revised Management Benefits
Resolution have not increased from that currently provided, and benefit
language that will no longer be applicable to any employee as of the
effective date of the resolution is shown as deleted; and 2) Adopt
Resolution No. 2018 _, rescinding Resolution No. 2017-3649 (Staff:
Deborah Traffenstedt)
Moorpark City Council/Successor Agency
February 7, 2018 Regular Meeting Agenda
Page 3
9. PRESENTATION/ACTION/DISCUSSION: (continued)
C. Consider Adoption of a Resolution Appointing Troy Brown to the Position
of City Manager and Approving the Employment Agreement between the
City and Troy Brown Effective March 3, 2018, and Rescinding Resolution
No. 1984-129. Staff Recommendation: 1) Prior to a motion to adopt the
attached Resolution approving the Employment Agreement between the
City of Moorpark and Troy Brown, 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
Employment Agreement between the City and Troy Brown for the position
of City Manager. In addition to the benefits described in the City's
adopted Management Benefits Resolution, following is a summary of the
Salary, Benefits, and Severance provisions of the Employment Agreement
that are unique to this Agreement:
• The Term of the Employment Agreement is for three years unless
sooner terminated.
• Employee's salary for the position of City Manager is set at Range 100,
Step G of the City's Salary Plan, with an established hourly rate of
$99.20, which is approximately $206,336.00 annually.
• Employee will be granted an initial annual leave balance of forty hours,
and will receive Annual Leave and Administrative Leave accruals per
pay period consistent with the accrual rates established in the
Management Benefits Resolution.
• City will reimburse Employee for the actual and reasonable cost, not to
exceed $20,000.00, of travel expenses, moving expenses, and
temporary housing, as conditionally described in the Employment
Agreement.
• If City terminates Employee's employment without cause, City shall
pay a lump sum severance benefit amount equal to three months of
Employee's then applicable base salary if terminated without cause
within one year of the Effective Date; and an amount equal to six
months of his then applicable base salary if terminated without cause
from and following the one year anniversary of the Effective Date.
and 2) Adopt Resolution No. 2018- , rescinding Resolution No. 1984-
129. ROLL CALL VOTE REQUIRED (Staff: Deborah Traffenstedt)
Moorpark City Council/Successor Agency
February 7, 2018 Regular Meeting Agenda
Page 4
9. PRESENTATION/ACTION/DISCUSSION: (continued)
D. Consider Providing Comments on Possible Unmet Transit Needs to the
Ventura County Transportation Commission and Receive Report on
Unmet Transit Needs Findings and Goals. Staff Recommendation:
Provide comments and direct staff to forward them to VCTC, prior to the
end of the public comment period. (Staff: Shaun Kroes)
E. Consider Selection of Primary Director and Alternate Directors to Serve on
the Los Angeles Community Choice Energy Authority (LACCE) Board and
Make Default Rate Tier Selection. Staff Recommendation: 1) Select one
Primary Director and two Alternate Directors to serve on LACCE Board;
and 2) Approve the Renewable Portfolio Standard (RPS) rate tier as the
default rate tier with the LACCE Authority. (Staff: Jessica Sandifer)
F. Consider Exclusive Negotiating Agreement Between the City of Moorpark
and the Area Housing Authority of the County of Ventura and Many
Mansions to Study the Feasibility of a Scattered Site Affordable Housing
Project. Staff Recommendation: Approve the Agreement for a nine
month term, subject to a three month extension with City Manager
approval, subject to final language approval of the City Manager; and
authorize the City Manager to execute the Agreement. (Staff: Jessica
Sandifer)
G. Consider Status Report on Mission Statement, Priorities, Goals and
Objectives for Fiscal Year 2017/2018 and Fiscal Year 2018/2019. Staff
Recommendation: Direct staff as deemed appropriate. (Staff: Steven
Kueny)
H. Consider Scheduling Joint City Council Meetings with the Arts
Commission, Parks and Recreation Commission, Library Board, and
Planning Commission. Staff Recommendation: Direct staff as deemed
appropriate. (Staff: Maureen Benson)
I. Consider Scheduling for the Summer Meeting Recess. Staff
Recommendation: Direct staff to post a notice of meeting cancellation for
the selected summer recess dates. (Staff: Maureen Benson)
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Regular City Council/Successor Agency Meeting of
January 17, 2018. Staff Recommendation: Approve the minutes.
B. Consider Warrant Register for Fiscal Year 2017/18 — February 7, 2018.
Staff Recommendation: Approve the warrant register.
Moorpark City Council/Successor Agency
February 7, 2018 Regular Meeting Agenda
Page 5
10. CONSENT CALENDAR: (continued)
C. Consider Resolutions to Initiate Proceedings Related to the Citywide
Landscape and Lighting Maintenance Assessment Districts and the Parks
and Recreation Maintenance Improvement District for Fiscal Year
2018/2019. Staff Recommendation: Adopt Resolution Nos. 2018-
and 2018- . ROLL CALL VOTE REQUIRED (Staff: Ron Ahlers)
D. Consider Request for Proposal for Independent Auditing Services for City
for Fiscal Years 2017-18, 2018-19, 2019-20, 2020-21, and 2021-22. Staff
Recommendation: Authorize staff to initiate the Request for Proposal
process for external auditing services. (Staff: Ron Ahlers)
E. Consider Resolution Amending the Fiscal Year 2017-18 Budget to
Purchase Additional Software and Services from Tyler Technologies for
Financial and Permitting Software. Staff Recommendation: 1) Authorize
the City Manager to execute Amendment No. 3 and Amendment No. 4,
subject to final language approval by the City Manager; and 2) Adopt
Resolution No. 2018- to appropriate $74,295 from the General Fund.
ROLL CALL VOTE REQUIRED (Staff: Ron Ahlers)
F. Consider Resolution Amending the Fiscal Year Budget for 2017/18 to
Appropriate $10,000 from the General Fund (1000) for Charles Abbott
Associates, Inc. to Provide Building Survey for Services Relating to
Earthquake Preparedness Initiative. Staff Recommendation: Adopt
Resolution No. 2018- . ROLL CALL VOTE REQUIRED (Staff:
Deborah Traffenstedt)
G. Consider Rejection of Claim from: Matt and Jennifer Ashman. Staff
Recommendation: Reject the claim and direct staff to send a standard
rejection letter to the claimant. (Staff: Teri Davis)
H. Consider Amendment No. 3 to Agreement Between the City of Moorpark
and Tetra Tech, Inc. for Professional Engineering Services for the Los
Angeles Avenue Raised Median Project (C0026). Staff Recommendation:
1) Approve Amendment No. 3 for an amount not to exceed $25,000; and
2) Authorize the City Manager to execute Amendment No. 3, subject to
final language approval by the City Manager. (Staff: Sean Corrigan)
I. Consider Resolution Rescinding Resolution No. 2017-3591 and
Establishing a New Bail Schedule for Violations of the Moorpark Municipal
Traffic Code, which Apply to Vehicle Parking Violations. Staff
Recommendation: Adopt Resolution No. 2018- , rescinding
Resolution No. 2017-3591. ROLL CALL VOTE REQUIRED (Staff:
Shaun Kroes)
Moorpark City Council/Successor Agency
February 7, 2018 Regular Meeting Agenda
Page 6
10. CONSENT CALENDAR: (continued)
J. Consider Recreation Programs Cost Recovery Summary — Fiscal Year
2016-2017. Staff Recommendation: Receive and file report. (Staff:
Jeremy Laurentowski)
K. Consider Authorizing Waiver of Conflict of Interest Provision for Benner
and Carpenter Agreements. Staff Recommendation: Authorize the City
Manager to waive conflict of interest provision in Benner and Carpenter,
Inc.'s Agreements, on a case-by-case basis, and authorize the City
Manager to sign Amendments to the Agreements modifying the language,
subject to final language approval of the City Manager. (Staff: Jessica
Sandifer)
L. Consider Resolution Directing the Planning Commission to Hold a Public
Hearing, and Provide a Recommendation to the City Council on
Amendments to Title 17 (Zoning) of the Moorpark Municipal Code
Addressing Standards for Accessory Dwelling Units; Standards for
Residential Roof Replacements Adjacent to Arterial Roads; Allowed Uses
on Land Developed with Overhead Electrical Utilities; Short Term Rentals;
Marijuana; and Permit Approval Expiration, Time Extensions and
Discontinuance of Use; and Determining that this Action Is Not a Project
Approval Subject to the California Environmental Quality Act. Staff
Recommendation: Adopt Resolution No. 2018- . (Staff: David
Bobardt)
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
A. Consider Ordinance No. 461 Authorizing the Implementation of a
Community Choice Aggregation Program and Approving the Joint Powers
Agreement for Los Angeles Community Choice Energy Authority. Staff
Recommendation: Waive full reading, declare Ordinance No. 461 read for
the second time, and adopted as read. ROLL CAL VOTE REQUIRED
12. CLOSED SESSION:
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)
Moorpark City Council/Successor Agency
February 7, 2018 Regular Meeting Agenda
Page 7
12. CLOSED SESSION: (continued)
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 al. (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: 139 High Street (APN 512-0-092-160)
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 512-0-092-160, 137 E. High Street
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Family Realty Trust, Inc.
Under Negotiation: Price and terms of payment
G. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 512-0-102-030, 448 Moorpark Avenue
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Phillip & Jeanne Albert
Under Negotiation: Price and terms of payment
H. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 512-0-102-040, 480 Moorpark Avenue
APN 512-0-102-060, 64 First Street
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Morris J. Chapman Trust, et
al.
Under Negotiation: Price and terms of payment
Moorpark City Council/Successor Agency
February 7, 2018 Regular Meeting Agenda
Page 8
12. CLOSED SESSION: (continued)
I. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 512-0-082-010, 360. High Street
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Charles & Myra Cho
Under Negotiation: Price and terms of payment
J. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 512-0-160-515, 13816 Princeton Avenue
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and A&M Barban, LLC et al.
Under Negotiation: Price and terms of payment
K. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 512-0-160-595, 750 Princeton Avenue
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Consolidated Rock Product
Company
Under Negotiation: Price and terms of payment
L. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 512-0-102-120, 136 First Street
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Rosalinda Cassese
Under Negotiation: Price and terms of payment
M. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Paragraph (1) of Subdivision (b) of Government Code
Section 54957)
Title: City Manager and City Attorney
13. ADJOURNMENT:
Posted: February 2, 2018
In compliance with the Americans with Disabilities Act,if you need special assistance to review an agenda or participate in
this meeting,including auxiliary aids or services,please contact the City Clerk's Division at(805)517-6223. Upon request,
the agenda can be made available in appropriate alternative formats to persons with a disability.Any request for disability-
related modification or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City
staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28 CFR 35.102-35.104;
ADA Title II).
Moorpark City Council/Successor Agency
February 7, 2018 Regular Meeting Agenda
Page 9
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
I, Maureen Benson, declare as follows:
That I am the City Clerk of the City of Moorpark and that an agenda of the Regular
Meeting of the Moorpark City Council and the Successor Agency of the Redevelopment
Agency of the City of Moorpark to be held on Wednesday, February 7, 2018, at 6:30
p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark
Avenue, Moorpark, California, was posted on February 2, 2018, at a conspicuous place
at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on February 2, 2018.
Maureen Benson, City Clerk