HomeMy WebLinkAboutMIN 2007 1003 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California October 3, 2007
A Regular Meeting of the City Council of the City of Moorpark was held on October 3,
2007, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark,
California.
1. CALL TO ORDER:
Mayor Hunter called the meeting to order at 7:12 p.m.
2. PLEDGE OF ALLEGIANCE:
Johnny Ea, Finance Director, led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Mikos, Millhouse, Parvin, Van Dam, and
Mayor Hunter.
Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney;
Hugh Riley, Assistant City Manager; Barry Hogan, Deputy
City Manager; Johnny Ea, Finance Director; Yugal Lall, City
Engineer /Public Works Director; David Bobardt, Planning
Director; David Klotzle, Assistant City Engineer; Captain Jeff
Matson, Sheriff's Department; Deborah Traffenstedt,
Administrative Services Director /City Clerk; and Maureen
Benson, Assistant City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Introduction of New City Employee Adam Burks, Assistant Engineer, in the
City Engineer /Public Works Department.
Mayor Hunter introduced new City employee Adam Burks, Assistant
Engineer, in the City Engineer /Public Works Department.
B. Introduction of New City Employee David Lasher, Senior Management
Analyst, in the Community Development Department.
Mayor Hunter introduced new City employee David Lasher, Senior
Management Analyst, in the Community Development Department.
C. Proclamation Declaring October 5, 2007, as California Arts Day.
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Moorpark, California Page 2 October 3, 2007
Mayor Hunter presented L.J. Stevens, General Manager of the High
Streets Art Center, with a proclamation declaring October 5, 2007, as
California Arts Day.
5. PUBLIC COMMENT:
Oscar Barrera, a Moorpark resident, requested assistance with traffic and safety
hazards at the corner of Sierra and Lassen Avenues at the exit of Mission Bell
Plaza parking lot.
Councilmember Millhouse requested Captain Matson place additional patrol cars
in this area and stated this situation will be agendized for a future meeting of the
Transportation and Public Works Committee. Mayor Hunter requested Mr.
Barrera supply Mr. Lall with his phone number so he may be notified of this
meeting.
Maria Hagman complimented Mayor Hunter on his recent article in the Moorpark
Acorn regarding ethics; and in regard to an opinion piece in the same edition,
questioned the motives of those in the community who promote fear by
circulating rumors about eminent domain, while doing nothing to help to improve
the community.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Van Dam reported on the City /Moorpark Unified School District
Ad Hoc Committee meeting he and Councilmember Millhouse attended on
October 2, 2007.
Councilmember Mikos requested a future agenda item to consider placing a
measure on the nearest future ballot to allow Moorpark voters to vote on a
question, "Shall the Moorpark Redevelopment Agency prohibit the use of
eminent domain to acquire any properties in the Agency's Project Area for the life
of the Agency, that as of January 2007, were zoned residential ?"
Mayor Hunter announced the City of Moorpark invites residents to participate in
the design process of the Moorpark Veteran's Memorial. Please join City staff at
the future site of the Veteran's Memorial at the southeast corner of Spring Road
and Flinn Avenue (across from the Police Services Center) on Tuesday, October
16, 2007 at 5:30 p.m. Subsequently, the public is invited to share their
comments with the Arts Commission at their meeting at 6:00 p.m. held here in
the Council Chamber.
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Moorpark, California Page 3 October 3, 2007
Mayor Hunter announced the Metrolink north parking lot will be closed Saturday,
October 6, 2007. Please remove your car before 6 a.m. Saturday, October 6.
Vehicles remaining in the parking lot will be towed at the owner's expense. The
parking lot will reopen on Sunday, October 7. Please use the Moorpark station
south parking lot.
Mayor Hunter invited everyone to please join the Moorpark City Council for the
dedication of Magnolia Park on Saturday, October 6, at approximately 11:30 a.m.
(immediately after the Country Days Parade). Magnolia Park is at the
intersection of Magnolia and Charles Streets.
Mayor Hunter announced the Moorpark City Library is proud to offer live
homework assistance tutoring to students with a Moorpark City library card
through "Brainfuse Helpnow ". Access this free afternoon tutoring service by
visiting the library website: www.moorparklibrary.org, entering your barcode
number, and logging onto Helpnow. Spanish speaking tutors are also available.
Mayor Hunter asked everyone to please not throw away your household batteries
as they contain hazardous material. Instead, drop them off for free at Moorpark
City Hall, the Active Adult Center, Moorpark City Library, Arroyo Vista Recreation
Center, or Radio Shack. For more information call 517 -6247.
8. PUBLIC HEARINGS:
A. Consider Zoning Ordinance Amendment 2007 -02, Amending Section
17.20.060 to Add Medical Marijuana Dispensaries as a Prohibited Use in
All Commercial, Industrial and Institutional Zones, and to Revise Use
Restrictions on Body Piercing and /or Tattoo Shops, Tobacco Stores,
Including but not Limited to Cigarette, Cigar and Smoking Paraphernalia
Shops, Pawnshops, Thrift Stores, Consignment Stores, Secondhand
Shops, Clubhouses, Social Clubs, and Service Clubs in the Commercial,
Industrial, and Institutional Zones. Staff Recommendation: 1) Open the
public hearing, accept public testimony, and close the public hearing; and
2) Introduce Ordinance No. 360 for first reading, waive full reading, and
schedule second reading and adoption for October 17, 2007.
Mr. Hogan gave the staff report.
Mayor Hunter opened the public hearing.
In response to Mayor Hunter, Ms. Traffenstedt stated there were no
speakers.
Mayor Hunter closed the public hearing.
Mr. Montes read the title of Ordinance No. 360.
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Moorpark, California Page 4 October 3, 2007
MOTION: Councilmember Parvin moved and Councilmember Van Dam
seconded a motion to waive full reading, declare Ordinance No. 360 read for the
first time, and schedule second reading and adoption for October 17, 2007. The
motion carried by unanimous roll call vote.
Councilmember Millhouse stated it is unfortunate there are people who
abuse medical marijuana dispensaries, since there are those who
legitimately use this substance to ease their pain.
B. Consider the: 1) Repeal of Ordinance No. 166; 2) Approval of Zoning
Ordinance Amendment No. 2007 -03, to Amend Chapter 17.20 Table
17.20.060(A)(1), Amend Section 17.24.040 by Adding Section
17.24.040(N) Adult Business Minimum Location Requirements, and
Amend Chapter 17.28 by Adding Section 17.28.050 Adult Business
Permit; and 3) Amendment to Title 5 Business Taxes, Licenses and
Regulations, to Add Chapter 5.18 Adult Business Performer Permit. Staff
Recommendation: 1) Open the public hearing, accept public testimony,
and close the public hearing; and 2) Introduce Ordinance No. 361 for first
reading, waive full reading, and schedule second reading and adoption for
October 17, 2007.
Mr. Hogan gave the staff report.
A discussion followed among the Councilmembers, staff, and Mr. Montes
regarding whether Mayor Hunter and Councilmember Van Dam's
concerns regarding restrictions on limitations where these businesses may
be located should be broadened to include the Moorpark Unified School
District offices and other facilities that provide services to children; and
whether this would provoke malicious lawsuits challenging the increased
restrictions.
Mayor Hunter opened the public hearing.
In response to Mayor Hunter, Ms. Traffenstedt stated there were no
speakers.
Mayor Hunter closed the public hearing.
Mr. Montes read the title of Ordinance No. 361.
MOTION: Councilmember Millhouse moved and Councilmember Parvin
seconded a motion to waive full reading, declare Ordinance No. 361 read for the
first time, and schedule second reading and adoption for October 17, 2007. The
motion carried by roll call vote, 4 -1, with Councilmember Van Dam dissenting.
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Moorpark, California Page 5 October 3, 2007
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider an Amendment to Title 1 — General Provisions of the Moorpark
Municipal Code, Chapter 1.16 — Administrative Citations, of Chapter
1. 16.040 A. — Notice of Violation, to Delete an Incorrect Reference. Staff
Recommendation: Introduce Ordinance No. 362 for first reading, waive
full reading, and schedule second reading and adoption for October 17,
2007.
Mr. Hogan gave the staff report.
In response to Mayor Hunter, Ms. Traffenstedt stated there were no
speakers.
Mr. Montes read the title of Ordinance No. 362.
MOTION: Councilmember Mikos moved and Councilmember Millhouse
seconded a motion to waive full reading, declare Ordinance No. 362 read for the
first time, and schedule second reading and adoption for October 17, 2007. The
motion carried by unanimous roll call vote.
B. Consider Award of Contract for the Construction for the Tierra Rejada
Road and Second Street Asphalt Overlay Project and a Resolution
Amending the Fiscal Year 2007/08 Budget to Revise the Funding Sources
for the Project. Staff Recommendation: 1) Award a construction contract
to Excel Paving Company and authorize the City Manager to execute the
construction contract in the amount of $3,198,364.49 for the subject
project; 2) Authorize the City Manager to amend the construction contract
for project contingencies in an amount not to exceed $320,000, if and
when the need arises for extra work and services; 3) Authorize the City
Manager to award a consultant agreement for materials testing services in
an amount not to exceed $60,000; and 4) Adopt Resolution No. 2007-
2639, revising the funding for the project. ROLL CALL VOTE REQUIRED
Mr. Klotzle gave the staff report and concurred with Mayor Hunter's
direction to provide aggressive public outreach due to the inconvenience
created by this project.
In response to Mayor Hunter, Ms. Traffenstedt stated there were no
speakers.
Councilmember Millhouse stated this expenditure could have been funded
by approximately $75.00 per citizen if the countywide sales tax Measure B
had been approved by the voters in 2004.
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Moorpark, California Page 6 October 3, 2007
MOTION: Councilmember Millhouse moved and Councilmember Mikos
seconded a motion to 1) Award a construction contract to Excel Paving Company
and authorize the City Manager to execute the construction contract in the
amount of $3,198,364.49 for the subject project; 2) Authorize the City Manager to
amend the construction contract for project contingencies in an amount not to
exceed $320,000, if and when the need arises for extra work and services; 3)
Authorize the City Manager to award a consultant agreement for materials testing
services in an amount not to exceed $60,000; and 4) Adopt Resolution No. 2007-
2639, revising the funding for the project. The motion carried by unanimous roll
call vote.
C. Consider Cancellation of November 21 City Council Meeting. Staff
Recommendation: Direct staff to post a notice of meeting cancellation for
November 21, 2007.
Ms. Traffenstedt gave the staff report.
In response to Mayor Hunter, Ms. Traffenstedt stated there were no
speakers.
MOTION: Councilmember Mikos moved and Councilmember Millhouse
seconded a motion to direct staff to post a notice of meeting cancellation for
November 21, 2007. The motion carried by unanimous voice vote.
D. Consider Resolution Declaring Intention to Reimburse Expenditures from
the Proceeds of Tax - Exempt Obligations and Directing Certain Actions.
Staff Recommendation: Adopt Resolution No. 2007 -2640.
Mr. Riley gave the staff report.
In response to Mayor Hunter, Ms. Traffenstedt stated there were no
speakers.
MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a
motion to adopt Resolution No. 2007 -2640, declaring intention to reimburse
expenditures from the proceeds of tax - exempt obligations and directing certain
actions. The motion carried by unanimous voice vote.
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a
motion to approve the Consent Calendar. The motion carried by unanimous roll call
vote.
A. Consider Approval of the Special Meeting Minutes of September 12, 2007.
Staff Recommendation: Approve the minutes.
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Moorpark, California Page 7 October 3, 2007
B. Consider Approval of the Regular Meeting Minutes of September 19,
2007. Staff Recommendation: Approve the minutes.
C. Consider Approval of Warrant Register for Fiscal Year 2007 -2008 —
October 3, 2007. Staff Recommendation: Approve the warrant register.
D. Consider Resolution Amendina Fiscal Year 2007/08 Budaet to Aoorooriate
Funds for Traffic Signal Modifications at Campus Park Drive and Collins
Drive. Staff Recommendation: 1) Adopt Resolution No. 2007 -2641; and
2) Authorize the City Manager to reimburse M & M Development in an
amount not to exceed $75,000 for construction of traffic signal
modifications. ROLL CALL VOTE REQUIRED
E. Consider Sponsorship of the Metrolink Holiday Toy Express. Staff
Recommendation: Authorize $1,000 sponsorship for the Metrolink Holiday
Toy Express.
F. Consider Suretv Bond Reduction for Toll CA L.P. Mooroark Country Club
Estates (Tract 4928). Staff Recommendation: 1) Authorize the City Clerk
to reduce Surety Bonds Nos. 929213834 and 929213835 to 10 %; and 2)
Authorize the City Clerk to fully exonerate these bonds one year after this
approval of reduction upon written confirmation from the City Engineer that
no warranty work is required.
G. Consider Resolution Approving the Administering Agency — State Master
Agreement No. 07 -5436R Pertaining to Federal Aid Projects and the
Program Supplement Agreement No. N010 Pertaining to Surface
Transportation Program Funding for the Tierra Rejada Road and Second
Street Pavement Rehabilitation Project. Staff Recommendation: Adopt
Resolution No. 2007 -2642.
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
A. Consider Ordinance No. 359 Amendina Sections 12.16010 and 12.16.140
of Chapter 12.16, Parks, of Title 12, Streets, Sidewalks and Public Places.
Staff Recommendation: Waive full reading and declare Ordinance No.
359 read for the second time and adopted as read. ROLL CALL VOTE
REQUIRED
Mr. Montes read the title of Ordinance 359.
MOTION: Councilmember Parvin moved and Councilmember Van Dam a
motion to waive full reading and declare Ordinance No. 359 read for the second
time and adopted as read. The motion carried by voice vote 4 -1, Councilmember
Mikos dissenting.
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Moorpark, California Page 8 October 3, 2007
12. CLOSED SESSION:
Mr. Montes requested the City Council go into closed session for discussion of
one case under Item 12.A. as the facts and circumstances creating significant
exposure to litigation consist of an ongoing investigation by the United States
concerning the Voters' Rights Act.
MOTION: Mayor Hunter moved and Councilmember Millhouse seconded a motion to
adjourn to closed session for a discussion of one case under Item 4.A. The motion
carried by unanimous voice vote. The time was 8:41 p.m.
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision (b) of Section
54956.9 of the Government Code: (Number of cases to be discussed - 4)
Present in closed session were Councilmembers Mikos, Millhouse, Parvin, Van
Dam, and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City
Attorney; and Deborah Traffenstedt, Administrative Services Director /City Clerk.
The Council reconvened into open session at 9:20 p.m. Mr. Kueny stated one
case under Item 12.A. was discu re was no action to report.
13. ADJOURNMENT:
Mayor Hunter adjourn9d the meeting at 9:20 p.m
trick Hunter, Mayor
ATTEST:
Maureen Benson, Assistant City Clerk