HomeMy WebLinkAboutMIN 2008 1105 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California November 5, 2008
A Regular Meeting of the City Council of the City of Moorpark was held on November 5,
2008, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark,
California.
CALL TO ORDER:
Mayor Pro Tempore Parvin called the meeting to order at 7:24 p.m.
2. PLEDGE OF ALLEGIANCE:
Captain Nelson, Sheriffs Department, led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Mikos, Millhouse, Van Dam, and Mayor
Pro Tempore Parvin.
Absent: Mayor Hunter.
Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney;
Hugh Riley, Assistant City Manager; Barry Hogan, Deputy
City Manager; Mary Lindley, Parks /Recreation and
Community Services Director; Yugal Lall, City
Engineer /Public Works Director; David Bobardt, Planning
Director; David Moe, Redevelopment Manager; Captain Ron
Nelson, Sheriff's Department; Deborah Traffenstedt,
Administrative Services Director /City Clerk; and Maureen
Benson, Assistant City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
None.
5. PUBLIC COMMENT:
Two speaker cards were identified for Consent Calendar Item 10.G. and thre was
consensus to consider pulling Item 10.G. from the Consent Calendar under
reordering.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
CONSENSUS: It was the consensus of the Council to pull Item 10.G. from the Consent
Calendar for individual consideration upon the request of Councilmember Millhouse.
Minutes of the City Council
Moorpark, California Page 2 November 5, 2008
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS /CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
Councilmember Mikos thanked the people of Moorpark for voting for her re-
election and stated she is honored and happy to serve them again.
Councilmember Mikos reported on having attended a Fox Canyon Ground Water
Management Agency meeting one to two weeks ago where there was discussion
of the potential for having basin specific ground water management in the Las
Posas Basin, which is the basin Moorpark is in.
Councilmember Van Dam announced the Moorpark High School Band will be
conducting a fund raiser selling fresh Christmas trees beginning November 29 in
front of Staples on Los Angeles Avenue.
Councilmember Millhouse thanked the voters for the honor and privilege of again
serving the citizens of Moorpark and the residents of Ventura County in the
various regional organizations in which he participates. He asked the public to
continue to keep the Council informed of issues of concern.
Mayor Pro Tempore Parvin thanked the voters for their support and stated she is
looking forward to opportunities for the City going forward.
Mayor Pro Tempore Parvin made the following announcements on behalf of the
Moorpark City Library: 1) It's library card sign -up month! Get a library card in
November and be entered into a raffle for great prizes, with a library card you can
check out books on cd for your commute, use the internet, get homework help,
take home a movie, do database research and more - all for free! Stop by the
Moorpark City Library at 699 Moorpark Avenue in November and get your card;
2) Experience the moon in the Moorpark City Library parking lot after dark on
November 6 where award winning amateur astronomer, Steven Overholt, will
position his 30 -inch telescope to give everyone a view of the moon in incredible
detail; and 3) The Moorpark City Library weekly pre - school story-time program is
every Thursday morning at 10:30 a.m. During November, the focus is on early
literacy with special guest, Jody Fickes Shapiro, published author, stopping by to
read on November 20.
Mayor Pro Tempore Parvin requested a future agenda item to discuss the issue
of a prison hospital moving to the Ventura County area.
Mayor Pro Tempore Parvin announced the Rotary Club of Moorpark invites you
to attend the 8th annual charity fund raiser Civil War Reenactment on November
8th and 9th at Underwood Family Farms.
Minutes of the City Council
Moorpark, California Page 3 November 5 2008
8. PUBLIC HEARINGS:
A. Consider Resolution Revising Approval of Sale of Property Owned by the
Redevelopment Agency of the City of Moorpark, Located at 192 High
Street, to Aszkenazy Development, Inc. (continued open public hearing
from September 17, 2008) Staff Recommendation: Continue the item
with public hearing open to November 19, 2008.
Mr. Moe requested the open public hearing be continued to November 19,
2008, to allow additional time to review the development agreement.
In response to Mayor Pro Tempore Parvin, Ms. Traffenstedt stated there
were no speakers.
MOTION: Councilmember Millhouse moved and Councilmember Van Dam
seconded a motion to continue the open public hearing to November 19, 2008.
The motion carried by voice vote 4 -0, Mayor Hunter absent.
B. Consider Resolution Approving Tentative Tract Map No. 5869, a Request
to Subdivide an Approved 78,939 Square Foot Medical Office Building into
Condominium Office Units, to Allow the Sale or Lease of Individual Office
Suites within the Building, Located at 635 Los Angeles Avenue, on the
Application of Karl Hinderer (Grand Moorpark, LLC). Staff
Recommendation: 1) Open the public hearing, accept public testimony,
and close the public hearing; and 2) Adopt Resolution No. 2008 -2761
approving Tentative Tract Map No. 5869.
Mr. Bobardt gave the staff report.
Mayor Pro Tempore Parvin opened the public hearing.
Karl Hinderer, representing DRC Valencia, 28212 Kelly Johnson Parkway,
Suite 115, Valencia, California, engineering company for Grand Moorpark,
LLC, stated he concurs with all of the conditions and he is confident that a
concern regarding the driveway can be worked out with staff.
Mayor Pro Tempore Parvin closed the public hearing.
MOTION: Councilmember Millhouse moved and Councilmember Van Dam
seconded a motion to adopt Resolution No. 2008 -2761 approving Tentative Tract
Map No. 5869. The motion carried by voice vote 4 -0, Mayor Hunter absent.
C. Consider Resolution Finding and Determining that the Public Interest,
Convenience, and Necessity Require the Acquisition of Certain Property
for Off -Site Public Access Road Purposes for Tract No. 5147, a 17 -Lot
Industrial Subdivision on 34.53 Acres, Located Approximately 1,300 Feet
Minutes of the City Council
Moorpark, California Page 4 November 5, 2008
West of Gabbert Road, North of the Union Pacific Railroad Right -of -Wax
Located in the City of Moorpark, County of Ventura, State of California.
Staff Recommendation: 1) Open the public hearing, accept public
testimony, and close the public hearing; and 2) After review of relevant
facts, adopt Resolution of Necessity No. 2008 -2762 to initiate eminent
domain proceedings to acquire the Paved Access Road Interests. ROLL
CALL VOTE — 2 /3rds AFFIRMATIVE REQUIRED
Mr. Hogan gave the staff report.
Mayor Pro Tempore Parvin opened the public hearing.
Linda Anabtawi, representing Southern California Edison, 2244 Walnut
Grove Avenue, Rosemead, California, spoke in opposition to acting on the
resolution to acquire this property citing inadequate California
Environmental Quality Act (CEQA) review, which is relying on a 10 -year
old Negative Declaration, which does not, for example, include recent
legislation such as AB32 agencies are now required to consider impacts
from green -house gases before approving projects.
Walter Matthews, Senior Attorney for Southern California Edison, 2244
Walnut Grove Avenue, Rosemead, California, spoke in opposition to
moving forward, stating the three conditions required before eminent
domain may be imposed have not been met; this is a private dispute with
a pending lawsuit between Southern California Edison and AB Properties
over easement rights so the access road property is not needed at this
time; and there are alternate routes to be considered with North Hills
Parkway the preferred route over this property.
In response to Mayor Pro Tempore Parvin, Mr. Montes responded to
Southern California Edison's comments and stated the recommendation
continues to be to initiate eminent domain proceedings.
In response to Mayor Pro Tempore Parvin, Ms. Anabtawi described the
injury to Southern California Edison would be to have a paved road within
their easement entirely parallel to the lines making it difficult for
maintenance and repairs.
Mayor Pro Tempore Parvin closed the public hearing.
MOTION: Councilmember Millhouse moved and Councilmember Mikos
seconded a motion to adopt Resolution of Necessity No. 2008 -2762 to initiate
eminent domain proceedings to acquire paved access road interests of certain
property for off -site public access road purposes for Tract No. 5147, a 17 -lot
Industrial Subdivision on 34.53- acres, located approximately 1,300 feet west of
Gabbert Road, north of the Union Pacific Railroad right -of -way, located in the
Minutes of the City Council
Moorpark, California Page 5 November 5, 2008
City of Moorpark, County of Ventura, State of California. The motion carried by
roll call vote 4 -0, Mayor Hunter absent.
CONSENSUS: It was the consensus of the Council to hear Item 10.G. prior to
Presentation /Action /Discussion upon the request of Councilmember Millhouse.
AT THIS POINT in the meeting, Consent Calendar Item 10.G. was heard.
10. G. Consider Status Update on the Amended Implementation Plan for
Improvements Associated with Tract Nos. 5187 -1 &2 and 5405, the
Meridian Hills Residential Development Project, on the Application of
Resmark Equity Partners, LLC, (ORA Ashford 94, LLC). Staff
Recommendation: Receive and file the report.
Councilmember Millhouse stated he pulled this item to allow the speakers
to be heard.
Philip Frank, a Meridian Hills resident, stated there is still concern
regarding who is responsible for determining what water is used for the
mitigated areas and the pool area since the water meter reflects a
commingling usage.
David Tuttle, a Meridian Hills resident, stated there is still a lack of trust
between the residents and the Resmark representatives due to continued
issues over dead and diseased plants; shared water meter issue for the
sprinkler system; no easement for the equestrian trails, and no
coordination for inspections by other agencies such as the U.S.
Department of Fish and Game.
Councilmember Millhouse expressed frustration over the continuing issues
and requested the Ad Hoc Committee meet with Resmark representatives
to walk the site.
CONSENSUS: It was the consensus of the Council for the Meridian Hills
Development Transfer of Ownership, Tracts 5187 & 5405 Ad Hoc Committee to
meet at the project site with Resmark Equity Partners.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Teen Council Appointments to Fill Two Vacancies. Staff
Recommendation: Make a maximum of two (2) appointments to the Teen
Council to complete the one -year term ending on June 30, 2009.
Ms. Traffenstedt gave the staff report.
In response to Mayor Pro Tempore Parvin, Ms. Traffenstedt stated there
were no speakers.
Minutes of the City Council
Moorpark, California Page 6 November 5, 2008
MOTION: Mayor Pro Tempore Parvin moved to nominate and Councilmember
Millhouse seconded the motion to nominate Christina Chamblis to serve on the
Teen Council to complete the one -year term ending June 30, 2009. The motion
carried by voice vote 4 -0, Mayor Hunter absent.
MOTION: Mayor Pro Tempore Parvin moved to nominate and Councilmember
Millhouse seconded the motion to nominate Katie Aamoth to serve on the Teen
Council to complete the one -year term ending June 30, 2009. The motion
carried by voice vote 4 -0, Mayor Hunter absent.
B. Consider Award of Contract to Malibu Pacific Tennis Courts for the
Veteran's Memorial, and Resolution Amending the Fiscal Year 2008/09
Budget. Staff Recommendation: 1) Approve the project's scope of work
to include the rejection of the two add alternates, the reduction in the
number of the walkway lights, and the purchase and installation of
benches by staff, as outlined in the agenda report; 2) Award a contract to
Malibu Pacific Tennis Courts at a cost not to exceed $398,424 and
authorize the City Manager to execute the agreement; 3) Amend the
agreement with Community Works Design Group, increasing
compensation by $10,500 and authorize the City Manager to execute the
amendment; 4) Approve a contract with Pacific Materials Laboratory
(PML) for soils testing, lab work, and inspections at a cost not to exceed
$24,679 and authorize the City Manger to execute the agreement; and 5)
Adopt Resolution No. 2008 -2763. ROLL CALL VOTE REQUIRED
Ms. Lindley gave the staff report.
In response to Mayor Pro Tempore Parvin, Ms. Traffenstedt stated there
were no speakers.
The following issue that affects the staff recommendation was discussed
by the Councilmembers and staff: 1) Roughing in electrical with stub -outs
for installation of additional lighting if found to be needed in the future; and
2) A construction contingency to cover such a possibility.
MOTION: Councilmember Mikos moved and Councilmember Van Dam
seconded a motion to: 1) Approve the project's scope of work to include the
rejection of the two add alternates, the reduction in the number of the walkway
lights, and the purchase and installation of benches by staff, as outlined in the
agenda report; 2) Award a contract to Malibu Pacific Tennis Courts at a cost not
to exceed $398,424 and authorize the City Manager to execute the agreement;
as amended to add a construction contingency for up to $42,000; 3) Amend the
agreement with Community Works Design Group, increasing compensation by
$10,500 and authorize the City Manager to execute the amendment; 4) Approve
a contract with Pacific Materials Laboratory (PML) for soils testing, lab work, and
inspections at a cost not to exceed $24,679 and authorize the City Manger to
Minutes of the City Council
Moorpark, California Page 7 November 5 2008
execute the agreement; and 5) Adopt Resolution No. 2008 -2763, amending the
Fiscal Year 2008/09 Budget. The motion carried by roll call vote 4 -0, Mayor
Hunter absent.
C. Consider Recruitment Process for Interim City Councilmember
Appointment Pursuant to Moorpark Municipal Code Section 2.04.050.
Staff Recommendation: 1) Direct staff to recruit for an interim City
Councilmember appointment to fill a vacancy until an election is held to fill
the remainder of the term, consistent with the recruitment process outlined
in the agenda report; and 2) Provide direction to staff on the date for the
interviews of the interim City Councilmember appointment candidates,
including direction on whether a special meeting will be scheduled for this
purpose.
Ms. Traffenstedt gave the staff report.
In response to Mayor Pro Tempore Parvin, Ms. Traffenstedt stated there
were no speakers.
The following issues that affect the staff recommendation or give direction
to staff were discussed by the Councilmembers and staff: 1) Devote a
special meeting on December 10 for interviews; 2) Move Commission
interviews to January; and 3) Hold a random drawing for order of
candidate interviews and set time limits for presentations at the regular
meeting on December 3 once the number of candidates is known.
CONSENSUS: It was the consensus of the Council to: 1) Direct staff to begin
recruitment on November 6, 2008, pursuant to Moorpark Municipal Code Section
2.04.050, for an interim City Councilmember appointment for approximately four -
six months until an election is held to fill the vacancy; 2) Direct staff to schedule
for the Regular City Council meeting of December 3, 2008, discussion of the
interview process including time limits for candidate presentations and Council
questions, and inclusion of a random drawing for the order of candidate
presentations; and 3) Direct staff to schedule a Special City Council meeting for
6:00 p.m. on December 10, 2008, to conduct the interviews of the Interim City
Councilmember appointment candidates.
D. Consider Potential Change in Scheduling of Interviews for Arts, Parks &
Recreation, and Planning Commission Candidates. Staff
Recommendation: Direct staff as deemed appropriate.
Ms. Traffenstedt gave the staff report.
In response to Mayor Pro Tempore Parvin, Ms. Traffenstedt stated there
were no speakers.
Minutes of the City Council
Moorpark, California Page 8 November 5, 2008
CONSENSUS: It was the consensus of the Council to direct staff to schedule the
interviews for Planning Commissioners for the Regular City Council meeting of
December 17, 2008, and Parks & Recreation Commissioners for the Regular City
Council meeting of January 7, 2009, and to begin an additional recruitment for
the Arts Commission to conclude November 24, 2008, so the interview date may
be considered at the December 3, 2008 meeting.
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Van Dam moved and Councilmember Mayor Pro Tempore
Parvin seconded a motion to approve the Consent Calendar with the exception of Item
10.G, which was pulled for individual consideration and hear prior to Item 9.A. The
motion carried by roll call vote 4 -0, Mayor Hunter absent.
A. Consider Minutes of Regular Meeting of October 1, 2008. Staff
Recommendation: Approve the minutes.
B. Consider Minutes of Regular Adjourned Meeting of October 8, 2008. Staff
Recommendation: Approve the minutes.
C. Consider Minutes of Regular Meeting of October 15, 2008. Staff
Recommendation: Approve the minutes.
D. Consider Warrant Register for Fiscal Year 2008 -2009 — November 5,
2008. Staff Recommendation: Approve the warrant register.
E. Consider Rejection of Claim from: Kristy Baker. Staff Recommendation:
Reject the claim and direct staff to send a standard rejection letter to the
claimant.
F. Consider Rejection of Claim from: Ian Mort. Staff Recommendation:
Reject the claim and direct staff to send a standard rejection letter to the
claimant.
H. Consider Purchase of Alternative Fuel Vehicle for the Moorpark
Volunteers in Policing Program. Staff Recommendation: 1) Award the
purchase of a 2009 Ford Escape Hybrid SUV to Simi Valley Ford, the
lowest responsible bidder; and 2) Authorize the City Finance Department
to process the necessary purchase order to obtain the vehicle with the
allocated funds.
Consider Award of Contract for the Construction of the Tierra Reiada
Road Median Landscaping — Phase 2 (Project 8042) and Resolution
Amendina Fiscal Year 2008/09 Budget to Fully Fund Said Proiect. Staff
Recommendation: 1) Award a construction contract to Rock Bottom, Inc.,
and authorize the City Manager to execute the construction contract in the
amount of $123,356.00 for the subject project; 2) Authorize the City
Minutes of the City Council
Moorpark, California Page 9 November 5 2008
Manager to amend the construction contract for project contingencies in
an amount not to exceed $15,000 if and when the need arises for extra
work and services; and 3) Adopt Resolution No. 2008 -2764. ROLL CALL
VOTE REQUIRED
J. Consider Reduction of Surety Bonds for Pardee Homes for Moorpark
Highlands (Tract No. 5045 -2, RPD No. 2002 -03). Staff Recommendation:
1) Authorize the City Clerk to exonerate the Monument Bond No.
81969773 and reduce the Performance /Labor and Materials Bond No.
81969774 to 10% for Pardee Homes; and 2) Authorize the City Clerk to
fully exonerate Bond No. 81969774 one year after this approval of the
reduction of the surety bond and upon written confirmation from the City
Engineer that no warranty work is required.
K. Consider Fee Parcel Right -of -Way and Storm Drain and Sidewalk
Easements for Sage Community Group (Tract No. 5130, RPD 1998 -02).
Staff Recommendation: Approve the acceptance of the fee parcels, and
storm drain and sidewalk easements, and authorize the City Clerk to sign
and record an acceptance certificate for the Grant Deeds and the
attachments thereto in the office of the Ventura County Recorder.
L. Consider Selection of a Consultant to Provide Services for Evaluation and
Recommendations for Moorpark City Transit, and Resolution Amending
the Fiscal Year 2008/09 Budget to Fully Fund the Project. Staff
Recommendation: 1) Approve the selection of Moore & Associates, Inc.,
to provide services for evaluation and recommendations for Moorpark City
Transit; 2) Authorize the City Manger to sign the Agreement; and 3) Adopt
Resolution No. 2008 -2765. ROLL CALL VOTE
M. Consider Amendment No. 3 to Agreement for Dial -A -Ride Paratransit
Services with MV Transportation, Inc., Extending Agreement for Three
Months. Staff Recommendation: Authorize the City Manager to approve
Amendment No. 3 to Agreement.
N. Consider Resolution Rescindina Resolution No. 2008 -2696 Pertainina to
Parking Restrictions on Honeybrook Court and Riverqrove Street and
Maintainina Parkina Restrictions on Honevbrook Court. West of
Alderbrook Street. Staff Recommendation: Adopt Resolution No. 2008
2766, rescinding Resolution No. 2008 -2696.
0. Consider Suretv Bond Reduction for Toll CA L.P.. Moorpark Country Club
Estates (Tract 4928 -3). Staff Recommendation: Authorize the City Clerk
to reduce Performance and Payment Bond No. 104058247 to 10% of the
original amount for Toll CA L.P., Moorpark Country Club Estates — Tract
4928 -3.
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
Minutes of the City Council
Moorpark, California Page 10 November 5, 2008
None.
12. CLOSED SESSION:
None was held.
13. ADJOURNMENT:
MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a
motion to adjourn in memory of Margaret Figueroa. The motion carried by voice vote 4-
0, Mayor Hunter absent. The time was 9:20 p.m.
ATTEST:
Maureen Benson, Assistant City Clerk
Ja ice S. Parvin, Mayor