HomeMy WebLinkAboutMIN 2009 1007 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California October 7, 2009
A Regular Meeting of the City Council of the City of Moorpark was held on October 7,
2009, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark,
California.
1. CALL TO ORDER:
Mayor Parvin called the meeting to order at 7:11 p.m.
2. PLEDGE OF ALLEGIANCE:
David Moe, Redevelopment Manager, led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and
Mayor Parvin.
Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney;
Yugal Lall, City Engineer /Public Works Director; David
Bobardt, Planning Director; Ron Ahlers, Finance 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:
A. Introduction of New City Employee, Hiromi Dever, Account Technician in
the Finance Department.
Mayor Parvin introduced new City employee, Hiromi Dever, Account
Technician in the Finance Department.
5. PUBLIC COMMENT:
Taylor Williams and Alicia Carter, representing Moorpark High School's "Pay It
Forward" Club requested consideration for an annual "Pay It Forward Day ".
Captain Cliff Williams, Commander of the California Highway Patrol stationed in
Moorpark, reported on the reduction of fatal accidents in eastern Ventura County
and CHP truck inspections resulting in placing 26% of trucks inspected out of
commission due to safety issues.
Minutes of the City Council
Moorpark, California Page 2 October 7, 2009
AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the
Moorpark Redevelopment Agency. The time was 7:22 p.m. The City Council meeting
reconvened at 7:23 p.m.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS /CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
Councilmember Mikos reported from September 16 through September 18 she
had attended the League of California Cities Annual Conference where she
learned of the need for the City to establish guidelines for new technology such
as "Twitter "; and for the City to study how to be establish a film friendly
environment.
Councilmember Mikos reported two weeks ago she had attended workshops at
the Compact for Sustainable Ventura County where strategies on preserving
open space as part of development projects were discussed.
Councilmember Van Dam thanked City staff for their work in making Country
Days a success.
Councilmember Millhouse requested a future agenda item to provide an update
on the status of the Pardee project.
Councilmember Millhouse announced on Monday he had participated in a news
conference with Los Angeles Mayor Villaraigosa in announcing the activation of
the inward facing cameras installed on all Metrolink locomotives.
Councilmember Pollock announced he also attended the League of California
Cities Annual Conference September 16 -18 where he kept tract of the Guiberson
Fire using the Ventura County Fire District and Ventura County Sheriffs twitter
sites. He commended Hugh Riley, Assistant City Manager and Captain Ron
Nelson, Moorpark Police Department, in regard to their roles in manning the fire
command post during the recent Guiberson Fire. While at the conference he
was impressed by a workshop on graffiti eradication and recommended the City
look at the model used by the City of Santa Clarita.
Councilmember Pollock announced he had just returned from the second School
Wellness Conference hosted by the California School Boards Association,
California Department of Education, and California Department of Health where
evidence showed a connection between academic performance and physical
activity. He recommended cities play an active role in providing opportunities for
physical activity.
Minutes of the City Council
Moorpark, California Page 3 October 7, 2009
Mayor Parvin requested staff contact the Moorpark High School "Pay it Forward"
Club to discuss a date for a proclamation.
Mayor Parvin announced she too had attended the League of California Cities
Annual Conference from September 16 -18 where she was most interested in the
discussions about financial conditions in the state.
Mayor Parvin announced she attended the Housing Conference in Camarillo on
behalf of Councilmember Mikos.
Mayor Parvin announced she had attended an open house for a new business,
"Test Equity" on Condor Drive.
Mayor Parvin announced today, she and other Ventura County agencies, met
with the 681 st Lord Mayor of London to discuss economic development
opportunities.
Mayor Parvin announced on October 12th she will be participating in a
community forum at the Active Adult Center.
Mayor Parvin thanked the entire community including the Moorpark Chamber of
Commerce, Moorpark Women's Fortnightly Club, Rotary Club of Moorpark, First
5, Kiwanis Club, Moorpark American Legion, Lions Club, High Street Arts Center,
Ventura County Sheriffs Department and City staff for their involvement in the
success of the Country Days Parade.
Mayor Parvin announced the "Blue and the Gray" Annual Civil War Reenactment
will be held November 7 and 8 at Tierra Rejada Ranch and for more information
go to www.moorparkrotary.com.
Mayor Parvin thanked the fire fighters, Caltrans, CHP, and all those who
participated in keeping Moorpark safe from the Guiberson fire.
Mayor Parvin announced the Moorpark Active Adult Center will be hosting the
Senior Games Closing Ceremony and Awards Luncheon on Friday, October 9th,
beginning at 11:30 a.m. The luncheon will be followed by distribution of gold,
silver, and bronze medals to tournament winners in 14 categories.
Mayor Parvin announced during October, the Moorpark City Library has fun and
spooky events planned. Join the Library on Tuesday mornings for Little Bilingual
Readers story time at 11:00 a.m. where stories, crafts, songs, and games are
presented by the Library and First 5 in both English and Spanish. Themed pre-
school story time with crafts takes place every Thursday at 10:30 a.m. Check out
the Library website at www.moorparklibrary.org for "Read Beyond Reality" teen
events that will occur during Teen Read Week, October 18 -24.
Minutes of the City Council
Moorpark, California Page 4 October 7, 2009
8. PUBLIC HEARINGS:
A. Consider Conditional Use Permit No. 2008 -05 and Industrial Planned
Development No. 2008 -01, a Request to Construct a New Commercial
Fueling Facility Consisting of One (1) Building and Two (2) Canopies on
the South Side of Princeton Avenue, East of the State Route -118 Freeway
Overpass on the Application of Todd Manner (Fiedler Group, for the
Moorpark Redevelopment Agency. Staff Recommendation: 1) Open the
public hearing, accept public testimony, and close the public hearing; and
2) Adopt Resolution No. 2009- , approving Conditional Use Permit
2008 -05 and Industrial Planned Development 2008 -01.
Mr. Bobardt gave the staff report and described the addition of two new
Special Conditions No. 26, requiring the posting of signs to shut down
engines while fueling and disallowing loud talking or music; and No. 27,
specifying an 8 -foot high, graffiti resistant finish, decorative masonry wall.
Councilmember Mikos stated she had met with the residents of Virginia
Colony to discuss their concerns regarding the project.
A discussion followed among the Councilmembers and staff concerning:
1) Length of time this area has been zoned for industrial use; 2) Timeline
for completion of Princeton Avenue Widening Project; 3) Possibility of
reversing the ingress and egress driveways; 4) Relocating the canopy
further from the homes; 4) Mitigation of impacts to the residential area;
and 5) Any possible alternate locations in the City.
Mayor Parvin opened the public hearing.
The following Moorpark citizens spoke in opposition to the project in this
location and expressed concerns regarding the impacts of noise, fumes,
increase in truck traffic, 24 -hour operation, proximity to students walking to
and from Moorpark Community High School with no sidewalks, hazardous
turning conditions, and recent example of a petroleum truck that exploded
near Los Angeles Avenue and Spring Road.
Lillian Rodriguez
Tina Arredondo
Pete Lopez
Pamela Castro
John Aguirre
Jon Cure
James Clark, President of J.E. Clark II Corporation, owner of the fueling
station on High Street and Todd Manner, architect for the project stated
they were available for questions.
Minutes of the City Council
Moorpark, California Page 5 October 7, 2009
Stuart Cooper spoke in support of moving the fueling station away from
High Street in order to develop the area into a community art center.
In response to Mayor Parvin, Ms. Traffenstedt summarized one written
statement card from Clifford and Christine May requesting that no
occupancy permit be issued for this project until Princeton Road is
widened.
Mayor Parvin closed the public hearing.
A discussion followed among the Councilmembers and staff concerning
deferring a decision to allow staff to re- examine alternate locations for the
fueling station.
CONSENSUS: It was the consensus of the Council to re -open the public hearing
to allow testimony on November 4, 2009.
MOTION: Councilmember Pollock moved and Councilmember Millhouse
seconded a motion to continue this item with the public hearing open, to
November 4, 2009. The motion carried by unanimous voice vote.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Authorization to Modify the Mountain Trail Street Pavement
Rehabilitation Project (Project 8083) to Include a Portion of Spring Road
from Peach Hill Road to a Point Approximately 2,000 Feet to the South
and a Resolution Approving Program Supplement No. N011 to
Administering Agency — State Agreement for Federal Aid Projects No. 07-
5436R for the Mountain Trail Street Pavement Rehabilitation Project.
Staff Recommendation: 1) Authorize staff to modify the subject project to
include Spring Road from Peach Hill Road to a point approximately 2,000
feet to the south; and 2) Adopt Resolution No. 2009 -2852.
There were no speakers.
MOTION: Councilmember Millhouse moved and Councilmember Pollock
seconded a motion to: 1) Authorize staff to modify the subject project to include
Spring Road from Peach Hill Road to a point approximately 2,000 feet to the
south; and 2) Adopt Resolution No. 2009 -2852, approving Program Supplement
No. N011 to Administering Agency — State Agreement for Federal Aid Projects
No. 07- 54326R for the Mountain Trail Street Pavement Rehabilitation Project.
The motion carried by unanimous voice vote.
B. Consider Award of Contract for the 2009 Pavement Rehabilitation —
Project 8002 and a Resolution Amending the Fiscal Year 2009/10 Budget
to Revise the Budget and Funding Sources for the Project. Staff
Recommendation: 1) Award a construction contract to Manhole Adjusting
Minutes of the City Council
Moorpark, California Page 6 October 7 2009
Contractors, Inc., and authorize the City Manager to execute the
construction contract in the amount of $833,351.00 for the subject project; 2)
Authorize the City Manager to amend the construction contract for additional
streets to be resurfaced and for project contingencies in an amount not to
exceed $200,000.00 if and when the need arises for extra work and
services; 3) Authorize the City Manager to award a consultant agreement for
construction inspection services in an amount not to exceed $50,000.00; 4)
Authorize the City Manager to sign the negotiated agreement with Ventura
County Waterworks District No. 1 for adjustment of surface facilities, subject
to final language approval by the City Manager and the City Attorney; and 5)
Adopt Resolution No. 2009 -2853 amending the FY 2009/10 Budget. ROLL
CALL VOTE REQUIRED
There were no speakers.
MOTION: Councilmember Millhouse moved and Councilmember Van Dam
seconded a motion to: 1) Award a construction contract to Manhole Adjusting
Contractors, Inc., and authorize the City Manager to execute the construction
contract in the amount of $833,351.00 for the subject project; 2) Authorize the City
Manager to amend the construction contract for additional streets to be resurfaced
and for project contingencies in an amount not to exceed $200,000.00 if and when
the need arises for extra work and services; 3) Authorize the City Manager to award
a consultant agreement for construction inspection services in an amount not to
exceed $50,000.00; 4) Authorize the City Manager to sign the negotiated
agreement with Ventura County Waterworks District No. 1 for adjustment of surface
facilities, subject to final language approval by the City Manager and the City
Attorney; and 5) Adopt Resolution No. 2009 -2853, amending the FY 2009/10
Budget. The motion carried by unanimous roll call vote.
C. Consider Reconsideration of Item 9.B. on September 2, 2009, Agenda
and Reconsideration of Vote on Item 9.13. for Resolution Approving an
Amendment to the Tierra Rejada Greenbelt Agreement by Removing
228.96 Acres from the Greenbelt, Including the Ronald Reagan
Presidential Library, on the Request of the City of Simi Valley. Staff
Recommendation: 1) Consider reconsideration of Agenda Item 9.13. on
the September 2, 2009, City Council meeting agenda; 2) Defer
reconsideration of the September 2, 2009, vote on Agenda Item 9.13. to
October 21, 2009; and 3) Direct staff to present options for strengthening
the Greenbelt Agreement on the October 21, 2009, agenda as a separate
Action /Discussion item.
Mayor Parvin explained her request to reconsider the Council's decision of
the annexation of property serviced by the City Simi Valley based upon
additional information and to move consideration for strengthening the
Greenbelt Agreement as a separate item.
Minutes of the City Council
Moorpark, California Page 7 October 7 2009
MOTION: Councilmember Van Dam moved and Councilmember Millhouse
seconded a motion to reconsider Agenda Item 9.6. on the September 2, 2009,
City Council meeting agenda. The motion carried by unanimous voice vote.
A discussion amount the Councilmembers and staff followed concerning
the intention of the City of Simi Valley to petition LAFCO to make an
exception for removing this parcel from the Greenbelt Agreement unless
the other two cities have acted upon an approval of an amendment;
Supervisor Foy's intention is to place this item on the Board of
Supervisor's agenda prior to the November LAFCO meeting; the
Thousand Oaks City Council may consider this item on October 13, which
may make more information available to Moorpark's Council for
consideration at the October 21 st meeting; and Council should move
forward to make a draft for strengthening the Greenbelt Agreement for
presentation to the other two cities.
MOTION: Councilmember Millhouse moved and Mayor Parvin seconded a
motion to: 1) Defer to October 21, 2009, reconsideration of the vote on Agenda
Item 9.13. from the September 2, 2009, Council agenda for a resolution approving
an amendment to the Tierra Rejada Greenbelt Agreement to remove 228.96
acres from the Greenbelt, including the Ronald Reagan Presidential Library, on
the request of the City of Simi Valley; and 2) Directed staff to present options for
strengthening the Greenbelt Agreement on October 21, 2009, as a separate
Action /Discussion item.
Sharon Noel, representing Save Open Space and Agricultural Resources
(S.O.A.R.), read a letter from Executive Director, Karen Schmidt, opposing
including the 68 -acre parcel as part of the proposed annexation by the
City of Simi Valley.
The motion carried by unanimous voice vote.
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
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.
G. Consider Resolution Approving the Engineer's Report for Assessment
District AD09 -01 (Warehouse District Center — CPD 2004 -03) for Fiscal
Year 2010/11 and Providing Notice of Public Hearing on November 4,
2009. Staff Recommendation: Adopt Resolution No. 2009 -2854.
In response to Councilmember Millhouse, Mr. Kueny and Mr. Lall clarified
the difference between the total authorized fiscal year assessment rate of
$4,514.53 and the proposed fiscal year assessment rate of $61.35 as
noted on page 5 of the Supplemental report.
Minutes of the City Council
Moorpark, California Page 8 October 7, 2009
MOTION: Councilmember Millhouse moved and Councilmember Van Dam
seconded a motion to adopt Resolution No. 2009 -2854, approving the Engineers'
Report for Assessment District AD09 -01 (Warehouse District Center — CPD 2004-
03) for Fiscal Year 2010/11 and providing notice of a public hearing on November
4, 2009. The motion carried by unanimous voice vote.
MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a
motion to approve the remainder of the Consent Calendar. The motion carried by
unanimous roll call vote.
A. Consider Minutes of Special Meeting of September 2, 2009. Staff
Recommendation: Approve the minutes.
B. Consider Minutes of Regular Meeting of September 2, 2009. Staff
Recommendation: Approve the minutes.
C. Consider Warrant Register for Fiscal Year 2009 -2010 — October 7, 2009.
Staff Recommendation: Approve the warrant register.
D. Consider Notice of Completion for the 2009 Basketball Court Lighting
Project for Mountain Meadows, Peach Hill, Miller, and College View Parks.
Staff Recommendation: Accept the work as complete and direct the City
Clerk to record the Notice of Completion.
E. Consider Resolution Adopting the Annual Investment Policy for Fiscal
Year 2009/10 for the City of Moorpark. Staff Recommendation: Adopt
Resolution No. 2009 -2855.
F. Consider Resolution Directina the Plannina Commission to Studv. Hold a
Public Hearing, and Provide a Recommendation on Amendments to
Chapter 17.40 Sign Regulations, of Title 17, Zoning, of the Moorpark
Municipal Code Related to Temgorary Event Directional Sians. Staff
Recommendation: Adopt Resolution No. 2009 -2856.
H. Consider Request for the Formation of Assessment District AD 10 -01
(Tuscany Partners. LLC — CPD 2005 -02) and Resolution Initiating the
Proceedings for Same. Staff Recommendation: 1) Accept and approve
the Petition/Waiver from the owner of the property, requesting the
formation of Assessment District AD 10 -01 for CPD 2005 -02; and 2) Adopt
Resolution No. 2009 -2857, initiating the proceedings required for he
formation of said District.
Consider Reauest for the Formation of Assessment District AD 10 -02
(HFR Investment I, LLC — CPD 2005 -03) and Resolution Initiatina The
Proceedings for Same. Staff Recommendation: 1) Accept and approve
the Petition/Waiver from the owner of the property, requesting the
formation of Assessment District AD 10 -02 for CPD 2005 -03; and 2) Adopt
Minutes of the City Council
Moorpark, California Page 9 October 7. 2009
Resolution No. 2009 -2858 initiating the proceedings required for the
formation of said District.
J. Consider Authorizing the City Manager to Sign the Fiscal Year 2009/10
Bicycle Transportation Account (BTA) Agreement, and Consider
Resolution Amending the Fiscal Year 2009/10 Budget. Staff
Recommendation: 1) Adopt Resolution No. 2009 -2859; and 2) Authorize
the City Manager to sign FY 2009/10 BTA Agreement. ROLL CALL VOTE
REQUIRED
K. Consider Resolution Amending the Conflict of Interest Code of the City of
Moorpark and Rescinding Resolution No. 2008 -2749. Staff
Recommendation: Adopt Resolution No. 2009 -2860, rescinding
Resolution No. 2008 -2749.
L. Consider Award of Contract to Commercial Roofing Systems, Inc., to
Replace Roofing at the Community Center and Arroyo Vista Recreation
Center. Staff Recommendation: 1) Award a construction contract to
Commercial Roofing Systems, Inc., in an amount not to exceed $103,296;
and 2) Authorize the City Manager to execute the agreement on behalf of
the City with Commercial Roofing Systems, Inc., subject to final language
approval by the City Manager and City Attorney.
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
None.
12. CLOSED SESSION:
Mr. Kueny requested the City Council go into closed session for discussion of
one case under Item 12.13. and Items 12.C, 12.D, and 12.E. on the agenda.
MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a
motion to adjourn to closed session for a discussion of one case under Item 12.13. and
Items, 12.C, 12.D, and 12.E. on the agenda. The motion carried by unanimous voice
vote. The time was 9:43 p.m.
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the
Government Code: (Number of cases to be discussed — 4)
C. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION
(Pursuant to Subdivision (a) of Section 54956.9 of the Government Code)
City of Moorpark; Moorpark Unified School District vs. Thomas H. Heyn
and Eldora E. Heyn (Case No. 56- 2009 - 00355222- CU- OR -SIM)
D. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Minutes of the City Council
Moorpark, California Page 10 October 7, 2009
(Pursuant to Subdivision (a) of Section 54956.9 of the Government Code)
City of Moorpark vs. John Reid Milligan, et al (Case No. 56-2008 -
00331392- CU -EI -SI M)
E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Subdivision (b) of Section 54957 of the Government Code)
Title: Administrative Services Director /City Clerk; Assistant City Manager;
City Manager; City Attorney; City Engineer /Public Works Director; Chief of
Police; Deputy City Manager; Finance Director; Parks and Recreation
Director; and Planning Director.
Present in closed session were Councilmembers Mikos, Millhouse, Pollock, Van
Dam, and Mayor Parvin; Steven Kueny, City Manager; Joseph Montes, City
Attorney; Ron Ahlers, Finance Director (left the meeting at 10:05 p.m.); Captain
Ron Nelson, Sheriff's Department (left the meeting at 10:05 p.m.); and Deborah
Traffenstedt, Administrative Services Director /City Clerk.
The Council reconvened into open session at 10:25 p.m. Mr. Kueny stated one
case under Item 12.B. and Items 12.C, 12.D, and 12.E. were discussed and
there was no action to report.
13. ADJOURNMENT:
Mayor Parvin adjourned the meeting at 10:25 p.m.
ATTEST:
Maureen Benson, Assistant City Clerk
lc'�
J ice S. Parvin, Mayor