HomeMy WebLinkAboutMIN 2009 0218 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California February 18, 2009
A Regular Meeting of the City Council of the City of Moorpark was held on February 18,
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 7:09 p.m.
2. PLEDGE OF ALLEGIANCE:
Harvey Plaks, Moorpark resident and Volunteer in Policing, led the Pledge of
Allegiance.
3. ROLL CALL:
Present: Councilmembers Lowenberg, Mikos, Millhouse, Van Dam,
and Mayor Parvin.
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 Lail, City
Engineer /Public Works Director; Ron Ahlers, Finance
Director; David Bobardt, Planning Director; Stephanie Shaw,
Recreation Supervisor; Captain Ron Nelson, Sheriff's
Department; Deborah Traffenstedt, Administrative Services
Director /City Clerk; and Maureen Benson, Assistant City
Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Proclamation Declaring March 11, 2009, as Arbor Day.
Mayor Parvin presented Mary Lindley, Parks /Recreation and Community
Services Director, with a proclamation declaring March 11, 2009, as Arbor
Day.
B. "President's Volunteer Service Awards" to Volunteers in Policing.
Captain Nelson presented Volunteers in Policing, John Roberts, Bob
Crockford, Dorothy Podry, Scott Osborn, Carole Woolsey, Harvey Plaks,
Deanne Cowgill, Ron Noble, Thomas Duck, Patricia Duck, Mia Busch,
Suzanne Themeli, Jeff Brown, Joseph Catrambone, Nancee Walker, Gary
Minutes of the City Council
Moorpark, California Page 2 February 18, 2009
Cafaro, and Joe Levy with Volunteer Service Awards signed by past
President George W. Bush.
5. PUBLIC COMMENT:
Gary Comer, representing the Active Adult Center Duplicate Bridge Club,
presented the City with a check for $800 raised from donations from the Bridge
players.
AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the
Moorpark Redevelopment Agency. The time was 7:21 p.m. The City Council meeting
reconvened at 7:22 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 Millhouse announced he traveled to Washington D.C. last week
to attend hearings of the transportation board on the Amtrak and Rail Transit
Investment Act where he testified on behalf of commuter rail agencies. He also
met with local elected officials from the Southern California area and senators
and /or staff from the State of California, in regard to monies for Positive Train
Control.
Councilmember Mikos announced she had attended the Robert Wagner book
signing event at the High Street Arts Center, which was organized through a
collaboration between the Center and the Moorpark City Library. She
encouraged residents to observe the marquee at the Center to make sure they
participate in the free events and low cost performances in the future. She
announced The Prisoner of 42nd Street is playing until March 8.
Mayor Parvin announced applications are now being accepted for the Moorpark
Community Emergency Response Team class. The CERT training teaches you
how to prepare for and respond to disasters and other emergencies. This next
CERT class will be Tuesday evenings beginning March 17th through April 21st.
The class is free.
Mayor Parvin announced the Moorpark City Library proudly presents Craig
Newton and his "American Hero's" program. Craig will entertain families with his
interactive music program honoring past presidents and Black History Month on
Saturday, February 28 in the Community Center Citrus Room.
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Moorpark, California Page 3 February 18, 2009
Mayor Parvin announced she and staff had a meeting with Ventura County Board
Member, Peter Foy to discuss a variety of topics related to the future Moorpark
post office.
Mayor Parvin announced she had a meeting with Ventura County District
Attorney, Greg Totten.
Mayor Parvin announced she and staff met with a representative from the
Ventura County Civic Alliance, which is doing a story on Moorpark.
8. PUBLIC HEARINGS:
None.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Appointment to Fill a Vacancy on the Area Agency on Aq ng
Advisory Council (AAAAC). Staff Recommendation: 1) Appoint one
representative to fill the vacancy on AAAAC to complete the term ending
June 30, 2010; or 2) Direct staff to conduct a third recruitment. (Staff:
Deborah Traffenstedt)
Ms. Traffenstedt gave the staff report.
There were no speakers.
MOTION: Mayor Parvin nominated and Councilmember Mikos seconded the
nomination of Joseph Catrambone to serve as representative on the Area
Agency on Aging Advisory Council for a term ending June 20, 1010. The motion
carried by unanimous voice vote.
B. Consider Resolution Adjusting Fees for Massage Permits. Staff
Recommendation: Adopt Resolution No. 2009 -2790, amending Section 6
of Resolution No. 2008 -2777 to allow for the collection of a pro -rata fee for
massage permits. ROLL CALL VOTE REQUIRED
Mr. Hogan gave the staff report.
There were no speakers.
MOTION: Councilmember Mikos moved and Councilmember Van Dam
seconded a motion to adopt Resolution No. 2009 -2790, amending Section 6 of
Resolution No. 2008 -2777 to allow for the collection of a pro -rata fee for
massage permits. The motion carried by roll call vote 4 -1, Councilmember
Millhouse dissenting.
Minutes of the City Council
Moorpark, California Page 4 February 18, 2009
C. Consider Adopting the Community Service Cancellation and Withdrawal
Polic . Staff Recommendation: Approve the proposed Cancellation and
Withdrawal Policy and authorize the policy be incorporated into the City
Council Policies Resolution on the next amendment.
Ms. Shaw gave the staff report.
There were no speakers.
A discussion followed among the Councilmembers and staff resulting in
the clarification that "JBL" listed on stamped page 20 of the agenda report,
stands for Junior Basketball League; and direction to staff for the
Cancellation and Withdrawal Policy to be posted on the City's website as
well as placed in City's quarterly Recreation Guide.
MOTION: Councilmember Mikos moved and Councilmember Lowenberg
seconded a motion to approve the proposed Cancellation and Withdrawal Policy
and authorize the policy be incorporated into the City Council Policies Resolution
on the next amendment. The motion carried by unanimous voice vote.
D. Consider Resolutions Revising the Rules and Regulations Governing the
Rental Use of City Facilities and Fees for the Use of City Facilities and
Rescinding Resolutions No. 2002 -2027 and Resolution No. 2002 -2028.
Staff Recommendation: 1) Adopt Resolution No. 2009 -2791 Rules and
Regulations Governing the Rental Use of City Facilities, rescinding
Resolution No. 2002 -2027; and 2) Adopt Resolution No. 2009 -2792 Fees
for the Use of City Facilities, rescinding Resolution No. 2002 -2028. ROLL
CALL VOTE REQUIRED
Ms. Lindley gave the staff report.
There were no speakers.
Councilmember Millhouse requested a copy of the revised Rules and
Regulations along with a rental application that includes and all updated
attachments be provided to Council as a box item communication.
MOTION: Councilmember Van Dam moved and Councilmember Lowenberg
seconded a motion to: 1) Adopt Resolution No. 2009 -2791 Rules and
Regulations Governing the Rental Use of City Facilities, rescinding Resolution
No. 2002 -2027; and 2) Adopt Resolution No. 2009 -2792 Fees for the Use of City
Facilities, rescinding Resolution No. 2002 -2028. The motion carried by
unanimous roll call vote.
Minutes of the City Council
Moorpark, California Page 5 February 18, 2009
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
CONSENSUS: It was the consensus of the Council to pull Item 10.A. from the Consent
Calendar for individual consideration upon the request of Mayor Parvin.
CONSENSUS: It was the consensus of the Council to pull Item 10.C. from the Consent
Calendar for individual consideration upon the request of Councilmember Van Dam.
MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a
motion to approve the Consent Calendar with the exception of Items 10.A. and 10.C,
which were pulled for individual consideration. The motion carried by unanimous roll
call vote.
B. Consider Warrant Register for Fiscal Year 2008 -2009 — February 18,
2009. Staff Recommendation: Approve the warrant register.
D. Consider Resolution Amendina the Fiscal Year 2008/09 Budaet for
Remedial Landscaae Maintenance in Assessment Zone 12. Staff
Recommendation: Adopt Resolution No. 2009 -2793, and authorize the
City Manager to execute an amendment to the City's Agreement with
Venco Western, Inc. ROLL CALL VOTE REQUIRED
E. Consider Re- Submittal of Application for Proposition 1 B State Funds.
Staff Recommendation: Authorize staff to submit an application for
Proposition 1 B funding for the Arroyo Drive Pavement Rehabilitation
Project.
F. Consider Award of Contract for the Construction of the Lassen Avenue
Bikeway/Walkway (Project 80741. Staff Recommendation: 1) Award a
construction contract to Granite Construction, and authorize the City
Manager to execute the construction contract in the amount of $90,302.00
for the subject project; and 2) Authorize the City Manager to amend the
construction contract for project contingencies in an amount not to exceed
$10,000 if and when the need arises for extra work and services.
G. Consider Authorization to Proceed with Design for Mountain Trail Street
Pavement Rehabilitation Project (Project 8083 ) and Resolution Amending
the Fiscal Year 2008/09 Budget to Appropriate Funds for the Project.
Staff Recommendation: 1) Authorize the City Manager to sign a
consultant agreement for design of the subject project with median,
without a landscaping design at a cost not to exceed $20,000; and 2)
Adopt Resolution No. 2009 -2794. ROLL CALL VOTE REQUIRED
Minutes of the City Council
Moorpark, California Page 6 February 18, 2009
The following items were pulled for individual consideration.
A. Consider Minutes of Regular Meeting of February 4, 2009. Staff
Recommendation: Approve the minutes.
CONSENSUS: It was the consensus of the Council to approve the minutes with
an editorial correction as requested by Mayor Parvin.
C. Consider Resolution Amending the Fiscal Year 2008/09 Budget for
Purchase of Two Segway Personal Transportation Devices for Use by
Police Personnel Assigned to the Moorpark High School Campus and
During Special Event Patrols. Staff Recommendation: 1) Adopt
Resolution No. 2009 -2795, authorizing an amendment to the FY 2008/09
Budget to allocate $11,909 from the TSM Fund (2001) for the purchase of
two new Segway personal transportation devices; 2) Award the purchase
to Segway of Long Beach, the lowest responsible bidder; and 3) Authorize
the City Finance Department to process the necessary purchase order to
obtain the devices with the allotted funds. ROLL CALL VOTE REQUIRED
In response to Councilmember Van Dam, Captain Nelson stated the
Segway devices would be stored at the police station. In response to
Councilmember Van Dam, Mr. Kueny stated the devices could be
available for use at special events by select City staff, but more than likely
this would be precluded by police personnel attending the same event
needing to use the devices.
MOTION: Councilmember Van Dam moved and Councilmember Millhouse
seconded a motion to 1) Adopt Resolution No. 2009 -2795, authorizing an
amendment to the FY 2008/09 Budget to allocate $11,909 from the TSM Fund
(2001) for the purchase of two new Segway personal transportation devices; 2)
Award the purchase to Segway of Long Beach, the lowest responsible bidder;
and 3) Authorize the City Finance Department to process the necessary
purchase order to obtain the devices with the allotted funds. The motion carried
by unanimous roll call vote.
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 Item12.A, one case under Item 12.13, and Item 12.C.
Mr. Montes stated for the one case under Item 12.A. the facts and circumstances
creating significant exposure to litigation consist of written communication
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Moorpark, California Page 7 February 18, 2009
received from Pardee Homes threatening litigation with respect to the school site
issue.
MOTION: Councilmember Mikos moved and Councilmember Millhouse
seconded a motion to adjourn to closed session for a discussion of one case
under Item 12.A, one case under Item 12.13, and Item 12.C. on the agenda. The
motion carried by unanimous voice vote. The time was 7:58 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)
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)
People of the State of California and City of Moorpark vs. Jose Tomas
Garcia, Ana Maria Garcia (Case No. 56- 2008 - 0030366- CU- MC -SIM)
Present in closed session were Councilmembers Lowenberg, Mikos, Millhouse,
Van Dam, and Mayor Parvin; Steven Kueny, City Manager; Joseph Montes, City
Attorney; Hugh Riley, Assistant City Manager; Barry Hogan, Deputy City
Manager; David Bobardt, Planning Director; and Deborah Traffenstedt,
Administrative Services Director /City Clerk.
The Council reconvened into open session at 9:22 p.m. Mr. Kueny stated one
case under Item 12.A, one case under Item 12.13, and Item 12.C. were discussed
and there was no action to report.
13. ADJOURNMENT:
Mayor Parvin adjourned the meeting at 9:22 p.m.
ATTEST:
Maureen Benson, Assistant City Clerk
J ice S. Parvin, Mayor