HomeMy WebLinkAboutMIN 2009 1104 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California November 4, 2009
A Regular Meeting of the City Council of the City of Moorpark was held on November 4,
2009, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark,
California.
CALL TO ORDER:
Mayor Parvin called the meeting to order at 7:23 p.m.
2. PLEDGE OF ALLEGIANCE:
Bernardo Perez, former Councilmember, led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Mikos, Pollock, Van Dam, and Mayor
Parvin.
Absent: Councilmember Millhouse.
Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney;
Hugh Riley, Assistant City Manager; Yugal Lall, City
Engineer /Public Works Director; David Bobardt, Planning
Director; Ron Ahlers, Finance Director; Tom Kruse, Parks
and Recreation Director; David Moe, Redevelopment
Manager; Shaun Kroes, Senior Management Analyst;
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:
Jaycee and MariAnn Sterling, Moorpark business owners at 17 West High Street
requested assistance with the application process for signage for their business.
Mayor Parvin stated they could work with David Bobardt, Planning Director.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
CONSENSUS: It was the consensus of the Council to pull Item 10.A. from the Consent
Calendar for individual consideration upon the request of Councilmember Mikos.
Minutes of the City Council
Moorpark, California Page 2 November 4, 2009
7
ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS /CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
Councilmember Van Dam relayed a message to staff from a local resident who
complimented the accommodating service provided by bus driver, Luz Gomez,
on the City's transit system.
Mayor Parvin announced November is Early Literacy Month. Celebrate at the
Moorpark City Library every Thursday morning at 10:30 during Storytime.
Mayor Parvin announced Moorpark Tweens and Teens are invited to "Game" at
the Moorpark City Library. To celebrate National Gaming Day, the Library will
have gaming afternoon on November 14th. On Monday, November 16th, drop in
at the Library for "Board Game Afternoon" for grades three through twelve.
Mayor Parvin announced the Moorpark City Library is proud to present the first
Teen Drawing Contest. Visit the Library for official rules and contest information.
Deadline to submit an entry is November 20th.
Mayor Parvin announced the City of Moorpark has partnered with the "Do It
Center" store on Los Angeles Avenue as an authorized collection location for
used household batteries and compact fluorescent lights, not fluorescent tube
lights. The Do It Center is the only location that accepts CFLs which contain
hazardous material. Please call the City for more information on City recycling
and solid waste programs including proper disposal of various materials.
Mayor Parvin announced the Moorpark Rotary Club is holding its Grand Civil War
Event "The Blue and the Gray" at Tierra Rejada Ranch on November 7th -8th
where all proceeds are donated to local charities in need.
Mayor Parvin introduced Ventura County Grand Jurors in the audience, Robert
Peskay and Alec Pringle.
Mayor Parvin announced she had delivered the State of the City Address to the
Rotary Club on October 30th.
Mayor Parvin announced she
meeting held on November
representatives from the City,
Protection District.
8. PUBLIC HEARINGS:
and Councilmember Mikos attended the public
2nd, to review the FEMA flood maps with
FEMA, and the Ventura County Watershed
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
Minutes of the City Council
Moorpark, California Page 3 November 4, 2009
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. (continued open public hearing from
10/07/09) Staff Recommendation: 1) Continue to 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 special conditions to be
added to the project.
A discussion followed among the Councilmembers and staff focusing on:
1) Effectiveness of the sound wall; 2) Relocation of the canopy; 3)
Improvements to Princeton Avenue resulting in decreased number of
accidents; and 4) Description of the additional sites considered.
Mayor Parvin stated the public hearing remains open.
James Clark, President of J.E. Clark II Corporation, owner of the fueling
station on High Street, provided a summary of his personal and business
history.
Ned Clark, CEO of J.E. Clark II Corporation, discussed the future of the
company and described the positive attributes of the proposed Princeton
Avenue location along with the equipment to be installed.
In response to Rebecca Rodriguez, a Moorpark resident, Mr. Kueny stated
a by -pass is proposed to extend north from Los Angeles Avenue at the
west end of the City, extending under the railroad tracks then east north of
Casey Road to connect, initially, to Spring Road. He stated this will not be
a truck by -pass. Ms. Rodriquez spoke in opposition to the project location
due to increased truck traffic.
Pete Lopez, a Moorpark resident, spoke in opposition to locating a fueling
station adjacent to residential.
Lillian Rodriguez, a Moorpark resident, spoke in opposition to the location
of the fueling station citing environmental impacts of diesel fumes in the
air.
John Aguirre, a Moorpark resident, spoke in opposition to the potential for
increased traffic created by the location of the fueling station and provided
photos of past vehicular accidents along Princeton Avenue and the
impacts of increased traffic to the residential area.
Minutes of the City Council
Moorpark, California Page 4 November 4 2009
Tina Arredondo, a Moorpark resident, spoke in opposition to the project
citing decrease in property value, increase in truck traffic, fumes from
diesel fuel; and potential flooding of the project site.
Sharon Noel, a Moorpark resident, spoke in opposition to a fueling station
for the proposed site and suggested a different proposal such as a nursery
would better suit the area. She recommended the alternative of the
Caltrans site.
Mayor Parvin closed the public hearing.
CONSENSUS: It was the consensus of the Council to hear from a late speaker.
Jennifer Romero, a Moorpark resident spoke in opposition to the proposal
site and requested additional sites be considered.
A discussion followed among the Councilmembers and staff focusing on:
1) Viability of vacant site east of Pentair Pool Products and the Vulcan
Materials site; 2) Flood plain status of the proposed site; 3) Need for
improvements on Princeton Avenue; and 4) Balancing the private and
public process.
AT THIS POINT in the meeting the Council recessed at 9:13 p.m. and reconvened the
Council meeting at 9:23 p.m.
MOTION: Councilmember Van Dam moved and Mayor Parvin seconded a
motion to take this item off the calendar and to direct staff to continue to look for
alternate locations.
Councilmember Mikos suggested an amendment to the motion to deny
the request without prejudice to allow the applicant more flexibility to apply
again in the future.
AMENDMENT TO PRIOR MOTION: Councilmember Van Dam moved to amend
his prior motion and Mayor Parvin seconded the amended motion to deny the
item without prejudice; and to direct staff to look for a new location for the fueling
station. The amended motion carried by voice vote 4 -0, Councilmember
Millhouse absent.
B. Consider Final Engineer's Report for Assessment District AD09 -01
(Warehouse District Center — CPD 2004 -03) and Resolution Confirming
the Assessment Amounts for Fiscal Year 2010/11. Staff
Recommendation: 1) Open the public hearing, accept public testimony,
and close the public hearing; 2) Approve the Engineer's Report for AD09-
01 for FY 2010/11, with no changes from the report approved by City
Council Resolution No. 2009 -2854; and 3) Adopt Resolution No. 2009-
2867.
Minutes of the City Council
Moorpark, California Page 5 November 4, 2009
Mr. Lall gave the staff report.
There were no speakers.
MOTION: Councilmember Mikos moved and Councilmember Pollock seconded
a motion to: 1) Approve the Engineer's Report for AD09 -01 for Fiscal Year
2010/11, with no changes from the report approved by City Council Resolution
No. 2009 -2854; and 2) Adopt Resolution No. 2009 -2867. The motion carried by
voice vote 4 -0, Councilmember Millhouse absent.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Amendment Agreement with Direct AV, Inc. for Additional
Security Cameras at Poindexter Park; Consider Agreement with Coleman -
Pacific. Inc. for Installation of Two Security Camera Poles; and Consider
Resolution Amending the Fiscal Year 2009/10 Budget to Fund Additional
Security Cameras and Poles at Poindexter Park. Staff Recommendation:
1) Approve Phase 11, Scenario 3, as described in the agenda report; 2)
Adopt Resolution No. 2009- , amending the FY 2009/10 Budget; 3)
Authorize the City Manager to sign a change order with Direct A/V, Inc. for
security camera services, including the installation of four security
cameras, in an amount not to exceed $40,426; 4) Authorize the City
Manager to sign an agreement with Coleman- Pacific, Inc. for the
installation of two security camera poles and associated electrical work, in
an amount not to exceed $16,500, subject to final language approval by
the City Manager and City Attorney. ROLL CALL VOTE REQUIRED
Mr. Kroes gave the staff report.
There were no speakers.
A discussion followed among the Councilmembers and staff concerning:
1) Clarity of video for identification purposes; 2) Adequate lighting for
improved quality of video; and 3) Capacity for zoom feature.
CONSENSUS: It was the consensus of the Council to continue this item to
December 2, 2009, to allow staff time to research adequate security lighting for
optimum video quality; and to allow Councilmembers to view the quality of videos
taken by the security cameras at the Metrolink station.
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Van Dam moved and Councilmember Pollock seconded a
motion to approve the Consent Calendar, with the exception of Item 10.A, which was
pulled for individual consideration. The motion carried by roll call vote 4 -0,
Councilmember Millhouse absent.
Minutes of the City Council
Moorpark, California Page 6 November 4 2009
B. Consider Warrant Register for Fiscal Year 2009 -2010 — November 4
2009. Staff Recommendation: Approve the warrant register.
C. Consider Repayment from Library Fund to General Fund for the Library
Feasibility Study and Resolution Amending Fiscal Year 2009/10 Budget.
Staff Recommendation: Adopt Resolution No. 2009 -2868. ROLL CALL
VOTE REQUIRED
D. Consider Resolution Amendina the Fiscal Year 2009/10 Budaet and
Authorizing the Transfer of Gas Tax and General Funds to Cover Fiscal
Year 2008/09 Year -End Deficits in Certain Funds for the Citv's
Landscaping and Lighting Assessment Districts. Staff Recommendation:
Adopt Resolution No. 2009 -2869. ROLL CALL VOTE REQUIRED
E. Consider Resolution Amending the Fiscal Year 2009/10 Budget to
Allocate Additional Funds for Campus Park Parkway Planting. Staff
Recommendation: Adopt Resolution No. 2009 -2870, to appropriate
$2,500 to fund the project. ROLL CALL VOTE REQUIRED
F. Consider Resolution Authorizing the Destruction of Finance Department
Records. Staff Recommendation: Adopt Resolution No. 2009 -2871.
The following item was pulled for individual consideration.
A. Consider Minutes of Regular Meeting of October 21, 2009. Staff
Recommendation: Approve the minutes.
Councilmember Mikos requested with Councilmember Pollock's
concurrence that the minutes be amended for the motion on stamped
page 91 to specify Ventura County Supervisors from Districts 2 and 4.
MOTION: Councilmember Pollock moved and Councilmember Mikos seconded
a motion to approve the minutes of the regular meeting of October 21, 2009, as
amended for the motion for Item 9.13. to specify Ventura County Supervisors from
Districts 2 and 4 be invited to join the joint agency ad hoc committee for
strengthening the Tierra Rejada Greenbelt Agreement. The motion carried by
voice vote 4 -0, Councilmember Millhouse absent.
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
None.
12. CLOSED SESSION:
Mr. Kueny requested the City Council go into closed session for discussion of
one cases under Item 12.A, two cases under Item 12.6, and Item 12.E. on the
agenda.
Minutes of the City Council
Moorpark, California Page 7 November 4, 2009
CONSENSUS: It was the consensus of the Council to adjourn to closed session for a
discussion of one case under Item 12.A, two cases under Item 12.13, and Item 12.E. on
the agenda. The time was 9:57 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)
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; Finance Director; Parks and Recreation Director; and Planning
Director
Mr. Montes clarified that there were no cases under Item 12.A. and three cases
under item 12.13.
Present in closed session were Councilmembers Mikos, Pollock, Van Dam, and
Mayor Parvin; Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh
Riley, Assistant City Manager; and Deborah Traffenstedt, Administrative Services
Director /City Clerk.
The Council reconvened into open session at 10:46 p.m. Mr. Kueny stated the
one case under Item 12.A. was not discussed, three cases under Item 12.B. and
Item 12.E. were discussed and there was no action to report.
13. ADJOURNMENT:
Mayor Parvin adjourned the meeting at 10:46 p.m.
ATTEST:
Maureen Benson, Assistant City Clerk
jq�eSc. Parvin, Mayor