HomeMy WebLinkAboutMIN 2018 0606 CC SA REG MINUTES OF THE CITY COUNCIL AND
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK
Moorpark, California June 6, 2018
A Regular Meeting of the City Council of the City of Moorpark and the Successor
Agency was held on June 6, 2018, 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 6:38 p.m.
2. PLEDGE OF ALLEGIANCE:
Assistant to the City Manager, Brian Chong led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Mikos, Pollock, Simons, and Mayor Parvin.
Absent: Councilmember Van Dam.
Staff Present: Troy Brown, 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, Assistant to the City Manager;
Jessica Sandifer, Community Services Manager; Captain
John Reilly, Sheriffs Department; and Maureen Benson, City
Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Recognition of Outgoing Teen Council Members.
Mayor Parvin presented certificates of recognition to the outgoing
2017/2018 Teen Council Members.
5. PUBLIC COMMENT:
Chris Ogg, a Moorpark resident, spoke in regard to impacts of truck traffic within
the City and made recommendations for a weigh station.
Minutes of the City Council/Successor Agency
Moorpark, California
Page 2 June 6, 2018
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
CONSENSUS: It was the consensus of the Councilmembers present to pull Item 10.H.
from the Consent Calendar upon the request of Councilmember Pollock.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
Councilmember Mikos reported she had attended a meeting of the Santa Monica
Mountains Conservancy.
Councilmember Mikos reported she had attended the opening night of "Dirty
Rotten Scoundrels" at the High Street Arts Center.
Councilmember Mikos reported she attended all three Memorial Day ceremonies
in Moorpark.
Councilmember Pollock announced Daniel Groff, seated in the audience, was the
founder of the Field of Valor which is celebrated on Memorial Day in Moorpark.
Councilmember Pollock congratulated Bob Huber who won the primary for the
Ventura County Board of Supervisors and commended the other candidates,
Bernardo Perez and Gary Waters for their campaigns for this same office.
Councilmember Simons reported he had attended a meeting of the Ventura
County Transportation Commission.
Mayor Parvin announced the Parks and Recreation Division plans the following:
• "Movies in the Park" with the first film of the summer on June 16. Other
movies will be "Coco on July 21, and "The Karate Kid" on August 18.
• "Summer Camp-Out" overnight event on August 3.
• "Camp Moorpark" and "Adventure Camp".
Mayor Parvin announced the Moorpark City Library encourages joining the
"Summer Reading Club along with attending a Petting Zoo on June 9.
Mayor Parvin reported she attended the City's successful Multicultural Festival
on High Street.
Mayor Parvin reported she attended the Budget Workshop on May 23.
Mayor Parvin reported she also attended the Veterans Memorial ceremony.
Mayor Parvin reported she attended the Friends of the Library event.
Minutes of the City Council/Successor Agency
Moorpark, California
Page 3 June 6, 2018
Mayor Parvin reported she had volunteered at the Rotary Golf Tournament.
Mayor Parvin reported she had attended a Government Relations meeting.
Mayor Parvin requested a future agenda item to discuss developing a local
preference policy for services as local businesses helps retain local dollars in the
community and strengthens local employment.
8. PUBLIC HEARINGS:
A. Consider Final Review of the Assessment Engineer's Report for the
Landscaping and Lighting Maintenance Assessment Districts and
Resolution Confirming the Levy Amounts and Ordering the Continuation of
Assessment for Fiscal Year 2018/2019. Staff Recommendation: 1) Open
the public hearing, accept public testimony, and close the public hearing;
and 2)Adopt Resolution No. 2018-3702. ROLL CALL VOTE REQUIRED
Mr. Ahlers gave the staff report.
Mayor Parvin opened the public hearing.
Robert Young stated he was representing Moorpark Highlands District 22
residents, and that there were errors in the Engineer's Report.
A discussion followed among the Councilmembers and staff regarding Mr.
Young's comments. Mr. Ahlers stated the Engineer's Report numbers are
correct. He also stated that any necessary changes if needed would be
made when this item comes back to the Council with mid-year adjustments
in January or February of 2019. Mr. Brown recommended the Council
approve the staff recommendation.
Mayor Parvin closed the public hearing.
MOTION: Councilmember Simons moved and Councilmember Pollock
seconded a motion to adopt Resolution No. 2018-3702 confirming the levy
amounts and ordering the continuation of the Landscaping and Lighting
Maintenance Assessment for Fiscal Year 2018/2019. The motion carried by roll
call vote 4-0, Councilmember Van Dam absent.
B. Consider Final Review of the Assessment Engineer's Report for the Parks
and Recreation Maintenance and Improvement Assessment District and
Resolution Confirming the Levy Amount and Ordering the Continuation of
Assessment for Fiscal Year 2018/2019. Staff Recommendation: 1) Open
the public hearing, accept public testimony, and close the public hearing;
and 2)Adopt Resolution No. 2018-3703. ROLL CALL VOTE REQUIRED
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Moorpark, California
Page 4 June 6, 2018
Mr. Ahlers gave the staff report.
Mayor Parvin opened the public hearing.
There were no speakers.
Mayor Parvin closed the public hearing.
Councilmember Mikos stated the levy only covers 28% of the parks costs;
and Councilmember Simons stated the actual costs have gone up more
than can be assessed and he would like to have a future agenda item to
discuss this issue.
MOTION: Councilmember Mikos moved and Mayor Parvin seconded a motion to
adopt Resolution No. 2018-3703 confirming the levy amount and ordering the
continuation of the Parks and Recreation Maintenance and Improvement
Assessment for Fiscal Year 2018/2019. The motion carried by roll call vote 4-0,
Councilmember Van Dam absent.
AT THIS POINT in the meeting Items 8.C. and 9.B. were heard concurrently.
8. C. To be heard concurrently with Item 9.B. Public Hearing to Consider a
Resolution Establishing New Maximum Solid Waste Rates to Be Effective
July 1, 2018, and Rescinding Resolution No. 2009-2873. Staff
Recommendation: 1) Consider this agenda item concurrently with Item
9.B. on this agenda, which considers a new Solid Waste Franchise
Agreement with USA Waste of California, Inc.; 2) Open the public hearing,
accept public testimony, and close the public hearing; and 3) Adopt
Resolution No. 2018-3704, adopting new maximum solid waste rates (no
phasing) to be effective July 1, 2018. ROLL CALL VOTE REQUIRED
9. PRESENTATION/ACTION/DISCUSSION:
B. To be heard concurrently with Item 8.C. Consider a New 12-year Solid
Waste Franchise Agreement with USA Waste of California, Inc., a
Subsidiary of Waste Management Holdings, Inc., and Consider a
Resolution Rescinding, in Part, Resolution No. 95-1169 and Updating the
City's AB 939 Fees. Staff Recommendation: 1) Consider this item
concurrently with Public Hearing Item 8.C. on the agenda, which considers
a resolution establishing the maximum rates to be charged to customers
for collection of solid waste, as contained in the Solid Waste Franchise
Agreement. 2) Approve, and authorize the Mayor to execute, a new 12-
year Solid Waste Franchise Agreement with USA Waste of California, Inc.,
subject to City Manager and City Attorney approval of final language; 3)
Opt to not phase in rates with one half of the rates going into effect on July
1, 2018, and half of the rates going into effect on January 1, 2019; and 4)
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Moorpark, California
Page 5 June 6, 2018
Adopt Resolution No. 2018-3705 rescinding, in part, Resolution No. 95-
1169 and updating the City's AB 939 Fees. ROLL CALL VOTE
REQUIRED
Mr. Chong gave the staff reports.
Mayor Parvin opened the public hearing.
Mike Smith, Director of Operations for Waste Management, 195 West Los
Angeles Avenue, Simi Valley, CA 93065, stated he was available to
answer Council questions.
Mayor Parvin closed the public hearing.
MOTION: Councilmember Pollock moved and Councilmember Mikos seconded
a motion to adopt Resolution No. 2018-3704, adopting new maximum solid waste
rates (no phasing) to be effective July 1, 2018. The motion carried by roll call
vote 4-0, Councilmember Van Dam absent.
MOTION: Councilmember Pollock moved and Councilmember Mikos seconded
a motion to: 1) Approve, and authorize the Mayor to execute, a new 12-year
Solid Waste Franchise Agreement with USA Waste of California, Inc., subject to
City Manager and City Attorney approval of final language; 2) Opt to not phase in
rates with one half of the rates going into effect on July 1, 2018, and half of the
rates going into effect on January 1, 2019; and 3) Adopt Resolution No. 2018-
3705 rescinding, in part, Resolution No. 95-1169 and updating the City's AB 939
Fees. The motion carried by roll call vote 4-0, Councilmember Van Dam absent.
9. PRESENTATION/ACTION/DISCUSSION: (continued)
A. Consider Appointments to the 2018/19 Teen Council. Staff
Recommendation: Make 15 appointments to the Teen Council for a one-
year term beginning July 1, 2018 and ending June 30, 2019.
Ms. Benson gave the staff report.
There were no speakers.
Mayor Parvin solicited nominations from the Councilmembers. There
were none.
MOTION: Mayor Parvin nominated and Councilmember Mikos seconded the
nomination of Ethan Grosman to serve on the 2018/2019 Teen Council for a term
beginning July 1 2018, and ending June 30, 2019. The motion carried by voice
vote 4-0, Councilmember Van Dam absent.
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Moorpark, California
Page 6 June 6, 2018
MOTION: Mayor Parvin nominated and Councilmember Pollock seconded the
nomination of Ava Seaborn to serve on the 2018/2019 Teen Council for a term
beginning July 1 2018, and ending June 30, 2019. The motion carried by voice
vote 4-0, Councilmember Van Dam absent.
MOTION: Mayor Parvin nominated and Councilmember Mikos seconded the
nomination of Alana Soga to serve on the 2018/2019 Teen Council for a term
beginning July 1 2018, and ending June 30, 2019. The motion carried by voice
vote 4-0, Councilmember Van Dam absent.
MOTION: Mayor Parvin nominated and Councilmember Pollock seconded the
nomination of Jesse Gallego to serve on the 2018/2019 Teen Council for a term
beginning July 1 2018, and ending June 30, 2019. The motion carried by voice
vote 4-0, Councilmember Van Dam absent.
MOTION: Mayor Parvin nominated and Councilmember Pollock seconded the
nomination of Raelene Sichmeller to serve on the 2018/2019 Teen Council for a
term beginning July 1 2018, and ending June 30, 2019. The motion carried by
voice vote 4-0, Councilmember Van Dam absent.
MOTION: Mayor Parvin nominated and Councilmember Pollock seconded the
nomination of Ella Chapman to serve on the 2018/2019 Teen Council for a term
beginning July 1 2018, and ending June 30, 2019. The motion carried by voice
vote 4-0, Councilmember Van Dam absent.
MOTION: Mayor Parvin nominated and Councilmember Mikos seconded the
nomination of Raquel Frank to serve on the 2018/2019 Teen Council for a term
beginning July 1 2018, and ending June 30, 2019. The motion carried by voice
vote 4-0, Councilmember Van Dam absent.
MOTION: Mayor Parvin nominated and Councilmember Pollock seconded the
nomination of Lois Halvorson to serve on the 2018/2019 Teen Council for a term
beginning July 1 2018, and ending June 30, 2019. The motion carried by voice
vote 4-0, Councilmember Van Dam absent.
MOTION: Mayor Parvin nominated and Councilmember Simons seconded the
nomination of Olivia Hernandez on the 2018/2019 Teen Council for a term
beginning July 1 2018, and ending June 30, 2019. The motion carried by voice
vote 4-0, Councilmember Van Dam absent.
MOTION: Mayor Parvin nominated and Councilmember Pollock seconded the
nomination of Rachel Lamb to serve on the 2018/2019 Teen Council for a term
beginning July 1 2018, and ending June 30, 2019. The motion carried by voice
vote 4-0, Councilmember Van Dam absent.
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Moorpark, California
Page 7 June 6, 2018
MOTION: Mayor Parvin nominated and Councilmember Simons seconded the
nomination of Justin Cooper to serve on the 2018/2019 Teen Council for a term
beginning July 1 2018, and ending June 30, 2019. The motion carried by voice
vote 4-0, Councilmember Van Dam absent.
MOTION: Mayor Parvin nominated and Councilmember Simons seconded the
nomination of Brandon Jimenez to serve on the 2018/2019 Teen Council for a
term beginning July 1 2018, and ending June 30, 2019. The motion carried by
voice vote 4-0, Councilmember Van Dam absent.
MOTION: Mayor Parvin nominated and Councilmember Simons seconded the
nomination of Nicolettte Sichmeller to serve on the 2018/2019 Teen Council for a
term beginning July 1 2018, and ending June 30, 2019. The motion carried by
voice vote 4-0, Councilmember Van Dam absent.
MOTION: Mayor Parvin nominated and Councilmember Mikos seconded the
nomination of Nicole Vinolus to serve on the 2018/2019 Teen Council for a term
beginning July 1 2018, and ending June 30, 2019. The motion carried by voice
vote 4-0, Councilmember Van Dam absent.
MOTION: Mayor Parvin nominated and Councilmember Pollock seconded the
nomination of Laura Zwirn to serve on the 2018/2019 Teen Council for a term
beginning July 1 2018, and ending June 30, 2019. The motion carried by voice
vote 4-0, Councilmember Van Dam absent.
C. Consider a Resolution Approving a Purchase and Sale Agreement for 125
Acres of Open Space from Waste Management, Inc. at a Cost of
$1,500,000 in the Vicinity of Moorpark College; Consider a Surface Waiver
Agreement with the California Resources Production Corporation, Inc. to
Pre-identify Two Oil Drilling Islands on the Site; and Finding that these
Actions Are Exempt from the Provisions of the California Environmental
Quality Act. Staff Recommendation: Adopt Resolution No. 2018-3706 to:
1) Find that approval of the Purchase and Sale Agreement with Waste
Management and approval of the Surface Waiver Agreement with the
California Resources Production Corporation are categorically exempt
from CEQA, pursuant to Sections 15317 and 15325 of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3; 2)
Authorize the City Manager to execute 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 part of
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; and 3) Authorize the City Manager to execute a Surface
Waiver Agreement with the California Resources Corporation, and related
documents, subject to final language approval by the City Manager and
City Attorney, to pre-identify two oil drilling islands on the site.
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Moorpark, California
Page 8 June 6, 2018
Mr. Chong gave the staff report.
There were no speakers.
A discussion followed among the Councilmembers and staff regarding the
environmental liability concerning the oil wells; and a request from
Councilmember Pollock to have the City try to get the oil company to
prohibit the use of fracking.
MOTION: Mayor Parvin moved and Councilmember Mikos seconded a motion to
adopt Resolution No. 2018-3706 to: 1) Find that approval of the Purchase and
Sale Agreement with Waste Management and approval of the Surface Waiver
Agreement with the California Resources Production Corporation are
categorically exempt from CEQA, pursuant to Sections 15317 and 15325 of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; 2)
Authorize the City Manager to execute 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 part of 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; and 3) Authorize the City
Manager to execute a Surface Waiver Agreement with the California Resources
Corporation, and related documents, subject to final language approval by the
City Manager and City Attorney, to pre-identify two oil drilling islands on the site.
The motion carried by voice vote 4-0, Councilmember Van Dam absent.
D. Consider Exclusive Negotiating Agreement with Daly Group, Inc. for Hiqh
Street Property (APN 512-0-090-115). Staff Recommendation: Approve
Exclusive Negotiating Agreement with Daly Group, Inc., subject to final
language approval of the City Manager, and authorize City Manager to
execute the agreement.
Ms. Sandifer gave the staff report and amended page 3 of 3 of Attachment
No. 2 of the Exclusive Negotiating Agreement for item 5 to read:
"During ninety (90) day DDA negotiation phase, City agrees to call meeting
of the Ad Hoc Committee, as needed to review the proposed DDA terms."
Vincent Daly of The Daly Group, Inc. 31244 Cedar Valley Drive, Westlake
Village, CA 91362, stated they are working on what the Council and
community want for this project while trying to keep it economically feasible.
In response to Councilmember Pollock, he stated they would be adhering to
the milestones as described in the Agreement. In response to
Councilmember Mikos, Mr. Daly stated it is their intent to hold a community
meeting within the next 21 days.
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Moorpark, California
Page 9 June 6, 2018
Mark DiCecco, architect for the project, DiCecco Architecture, 887 Patriot
Drive #C, Moorpark, CA 93021, described the project as a business
incubator which is flexible to startup businesses. He confirmed there are
issues with the current zoning code which would need to be addressed.
Mr. Bobardt confirmed that zoning code amendments can be done along
with the processing of the entitlement approvals.
MOTION: Mayor Parvin moved and Councilmember Pollock seconded a motion
to approve Exclusive Negotiating Agreement with Daly Group, Inc., as amended for
item 5 on page 3 of 3 of Attachment No. 2, and subject to final language approval of
the City Manager, and authorize City Manager to execute the agreement. The
motion carried by voice vote 4-0, Councilmember Van Dam absent.
E. Consider Approval of Scenario C Allocating Park Improvement Fees
Received from Development Projects Outside the Prevailing Zones and
Authorizing the Necessary Accounting Entries to Correct the Distribution
of Fees Among the Park Improvement Zone Funds. Staff
Recommendation: 1) Approve the changes to the distribution of Park
Improvement Funds as described in Scenario C of this report; and 2)
Direct the Finance department to process the necessary entries to correct
the revenue distribution among the Park Improvement Funds. ROLL
CALL VOTE REQUIRED
Mr. Laurentowski gave the staff report.
There were no speakers.
MOTION: Councilmember Mikos moved and Councilmember Pollock seconded
a motion to: 1) Approve the changes to the distribution of Park Improvement
Funds as described in Scenario C of this report; and 2) Direct the Finance
department to process the necessary entries to correct the revenue distribution
among the Park Improvement Funds. The motion carried by roll call vote 4-0,
Councilmember Van Dam absent.
F. Adopt a Resolution Calling and Giving Notice of the Holding of the
General Municipal Election to be Held on Tuesday, November 6, 2018, for
the Election of Certain Officers of the City and Requesting the Board of
Supervisors of the County of Ventura to Consolidate said Municipal
Election with the Statewide General Election on said Date, and Adopt a
Resolution Requesting the Board of Supervisors of the County of Ventura
to Permit the County Clerk to Render Services to the City of Moorpark for
the General Municipal Election and to Canvass the Returns of the General
Municipal Election. Staff Recommendation: Adopt Resolution No. 2018-
3707 and Resolution No. 2018-3708.
Minutes of the City Council/Successor Agency
Moorpark, California
Page 10 June 6, 2018
Ms. Benson gave the staff report.
There were no speakers.
MOTION: Mayor Parvin moved and Councilmember Pollock seconded a motion
to: 1) Adopt Resolution No. 2018-3707 calling and giving notice of the holding of
the General Municipal Election to be held on Tuesday, November 6, 2018, for the
election of certain officers of the City and requesting the Board of Supervisors of
the County of Ventura to consolidate said Municipal Election with the Statewide
General Election on said date, and 2) Adopt Resolution No. 2018-3708
requesting the Board of Supervisors of the County of Ventura to permit the
County Clerk to render services to the City of Moorpark for the General Municipal
Election and to canvass the returns of the General Municipal Election. The
motion carried by voice vote 4-0, Councilmember Van Dam absent.
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Pollock moved and Councilmember Mikos seconded a
motion to approve the Consent Calendar with the exception of Item 10.H, which was
pulled for individual consideration. The motion carried by roll call vote 4-0,
Councilmember Van Dam absent.
A. Consider Warrant Register for Fiscal Year 2017/18 — June 6, 2018. Staff
Recommendation: Approve the warrant register.
B. Consider Minutes of Regular City Council/Successor Agency Meeting of
May 2, 2018. Staff Recommendation: Approve the minutes.
C. Consider Minutes of Special City Council Meeting of May 16, 2018. Staff
Recommendation: Approve the minutes.
D. Consider Second Amended and Restated Cost Sharing Memorandum of
Agreement for the Calleguas Creek Total Maximum Daily Load Monitoring
and Implementation Program. Staff Recommendation: Authorize the
Mayor to sign the Second Amended and Restated MOA.
E. Consider Amendment No. 4 to Memorandum of Agreement (MOA) Between
the Cities of Moorpark and Simi Valley Continuing the Authorization of
Moorpark to Fuel Up to Three Compressed Natural Gas (CNG) Buses at the
Simi Valley Transit Maintenance Facility. Staff Recommendation: Authorize
the Mayor to sign Amendment No. 4 to the Agreement, subject to final
language approval by the City Manager.
F. Consider a Resolution Authorizing Amendment No. 16 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
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Moorpark, California
Page 11 June 6, 2018
Recycling Center, to Extend the Term to June 30, 2030. Staff
Recommendation: Adopt Resolution No. 2018-3709 authorizing
Amendment No. 16 to the Local Street Access Agreement; and 2)
Authorize the City Manager to sign the amendment, subject to final
language approval by the City Manager.
G. Consider Agreements with American Building Comfort Services, Pipe
Dreams Plumbing Company, Inc., Draper Construction, and Fence
Factory dba Perimeter Security Systems for General Maintenance
Services. Staff Recommendation: 1) Approve Agreement with American
Building Comfort Services, for annual Heating, Ventilation, and Air
Conditioning maintenance and miscellaneous services and repair for a
three year term with two optional one year extensions for a total contract
value of $250,000 over the potential five year term; authorize the City
Manager to sign the Agreement and subsequent Agreement extensions,
subject to final language approval of the City Manager; and 2) Approve
Agreement with Pipe Dreams Plumbing for General Plumbing Services for
a two-year term for a total contract value of $25,000, authorize City
Manager to sign the Agreement, subject to final language approval of the
City Manager; and 3) Approve Agreement with Draper Construction for as-
needed concrete and masonry services for a three year term with two
optional one year extensions for a total contract value of $400,000 over
the potential five year term; authorize the City Manager to sign the
Agreement and subsequent Agreement extensions, subject to final
language approval of the City Manager; and 4) Approve Agreement with
Fence Factory dba Perimeter Security Systems for annual door/gate
maintenance and repair services for a three year term with two optional
one year extensions for a total contract value of $175,000 over the
potential five year term; authorize the City Manager sign the Agreement
and subsequent Agreement extensions, subject to final language approval
of the City Manager.
I. Consider Resolution Authorizing Acceptance of Landscape Maintenance
Improvements in Landscape Maintenance District 21 (Canterbury Lane &
Ivy Lane). Staff Recommendation: Adopt Resolution No. 2018-3710,
accepting landscape improvements in Tract 5133 and Tract 5425 as
complete and authorize the City to assume maintenance responsibilities
effective July 1, 2018.
J. Consider Agreement with The Adjul Corporation dba Lee Construction
Company for Detention Basin Sediment Removal in Landscape
Maintenance District 22 (Moorpark Highlands) and Resolution Amending
the Fiscal Year 2017/18 Budget to Fund the Project. Staff
Recommendation: 1) Award Bid for Detention Basin Sediment Removal
project to The Adjul Corporation dba Lee Construction Company for a total
contract amount of $176,404, and authorize the City Manager to sign the
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Moorpark, California
Page 12 June 6, 2018
Agreement, subject to final language approval of the City Manager; and 2)
Adopt Resolution No. 2018-3711 amending the Fiscal Year 2017/18
Budget to fully fund the project. ROLL CALL VOTE REQUIRED
K. Consider Rejection of Claim: American Automobile Association for Diana
Ellis. Staff Recommendation: Reject the claim and direct staff to send a
standard rejection letter to the claimant.
The following item was pulled for individual consideration.
H. Consider Close-Out Actions for the Project to Repair the Slope of Lot "Q"
Meridian Hills Tract 5187: Amendment No. 1 to The Adjul Corporation DBA
Lee Construction Co. Agreement; Adopt Resolution to Amend 2017-18
Budget; and Approve Notice of Completion. Staff Recommendation: 1)
Authorize the City Manager to execute Amendment No. 1; 2) Adopt
Resolution No. 2018-3712; and 3) Authorize the City Clerk to file the
Notice of Completion. ROLL CALL VOTE REQUIRED
Councilmember Pollock stated he would abstain from voting on this item
as a resident of Meridian Hills.
MOTION: Mayor Parvin moved and Councilmember Mikos seconded a motion
to: 1) Authorize the City Manager to execute Amendment No. 1 to the
Agreement; 2) Adopt Resolution No. 2018-3712; and 3) Authorize the City Clerk
to file the Notice of Completion. The motion carried by roll call vote 3-0,
Councilmember Pollock abstaining and Councilmember Van Dam absent.
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
None.
12. CLOSED SESSION:
Mr. Brown requested the City Council go into closed session for discussion of
Items 12.A, 12.B., and 12.C. on the agenda.
MOTION: Councilmember Mikos moved and Councilmember Simons seconded a
motion to adjourn to closed session for a discussion of Items 12.A, 12.B, and 12.C. on
the agenda. The motion carried by voice vote, 4-0, Councilmember Van Dam absent.
The time was 9:16 p.m.
A. 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 —
1)
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Moorpark, California
Page 13 June 6, 2018
B. 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)
C. 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)
The City Council reconvened into closed session at 9:25 p.m. Present in closed
session were Councilmembers Mikos, Pollock, and Simons, and Mayor Parvin;
Troy Brown, City Manager; Kevin Ennis, City Attorney; Deborah Traffenstedt,
Assistant City Manager; and David Bobardt, Community Development Director.
Peter Pierce, City Attorney's Office, joined the closed session via conference call
at 9:38 p.m.
The Council reconvened into open session at 9:48 p.m. Mr. Brown stated Items
12.A, 12.B. and 12.C. were discussed and there was no action to report.
13. ADJOURNMENT:
Mayor Parvin adjourned the meeting at 9:48 p.m.
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