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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 Minutes of the City Council/Successor Agency 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) Minutes of the City Council/Successor Agency 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. Minutes of the City Council/Successor Agency 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. Minutes of the City Council/Successor Agency 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. Minutes of the City Council/Successor Agency 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. Minutes of the City Council/Successor Agency 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 Minutes of the City Council/Successor Agency 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 Minutes of the City Council/Successor Agency 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) Minutes of the City Council/Successor Agency 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. • (Wa4.4/70^J �ce S. Parvin, Mayor ATTEST: o, ,e/lR moAmillair t 46111 ;0040 Maureen Benson, City Clerk ��