HomeMy WebLinkAboutMIN 2009 1216 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California December 16, 2009
A Regular Meeting of the City Council of the City of Moorpark was held on December
16, 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 7:17 p.m.
2. PLEDGE OF ALLEGIANCE:
Ron Ahlers, Finance Director, 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;
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; Captain Ron Nelson, Sheriff's Department;
Deborah Traffenstedt, Administrative Services Director /City
Clerk; and Maureen Benson, Assistant City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Nomination and Selection of Mayor Pro Tempore. (continued from
adjourned meeting of December 2, 2009)
MOTION: Mayor Pro Tempore Van Dam moved and Councilmember Millhouse
seconded a motion to nominate Councilmember Mikos to serve as Mayor Pro
Tempore. The motion carried by unanimous voice vote.
B. Proclamation Declaring January as School Board Recognition Month.
Mayor Parvin presented Councilmember Pollock, Senor Director of the
California School Boards Association with a proclamation declaring
January as School Board Recognition Month.
C. Consider Presentation of a Transportation in Excellence Award to the City
of Moorpark for the Highway 23 Widening Project by Ravi Ghate, Project
Manager, of the California Department of Transportation (Caltrans).
Minutes of the City Council
MoorQark, California Page 2 December 16, 2009
Mayor Parvin accepted a Transportation in Excellence Award to the City of
Moorpark for the Highway 23 Widening Project from Ravi Ghate, Project
Manager of the California Department of Transportation.
5. PUBLIC COMMENT:
Jaycee Sterling, a Moorpark business owner at 17 West High Street,
acknowledged the passing of a local business woman, Kathie Amador, owner of
the Moorpark Florist on High Street. He then stated he is having trouble with the
City's sign application process and agreed to meet with staff to discuss his
application.
AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the
Moorpark Redevelopment Agency. The time was 7:32 p.m. The City Council meeting
reconvened at 8:05 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 announced she and Councilmember Van Dam had
attended the highly successful Metrolink Holiday Train event on Sunday,
December 12th.
Councilmember Mikos announced two weeks ago she had attended the Ventura
County Collaborative Executive Committee meeting.
Councilmember Mikos announced she had attended the Channel Counties
Division of the League of California Cities December 11 meeting with Mayor
Parvin.
Councilmember Mikos announced she and Mayor Parvin had attended a FEMA
flood map meeting at the Villa del Arroyo Mobile Home Park where City staff
answered questions and explained, for those affected by the new flood maps, the
importance of purchasing flood insurance prior to the January 20th deadline for
rates to increase.
Councilmember Mikos announced this is the final weekend performance of the
"Best Christmas Pageant Ever" at the High Street Arts Center.
Councilmember Van Dam announced the Moorpark High School Band is still
selling fresh Christmas trees on Los Angeles Avenue.
Minutes of the City Council
Moorpark, California Page 3 December 16 2009
Councilmember Van Dam congratulated the Moorpark High School football team
on a great season.
Councilmember Van Dam thanked staff for their efforts in making the Holiday
Metrolink Train event such a success.
Councilmember Pollock remarked on the two recent losses to the Moorpark
community of Ruben Castro and Kathie Amador.
Mayor Parvin announced she had attended the December 11 League of
California Cities meeting.
Mayor Parvin announced the Community Emergency Response Team (CERT)
program is all -risk, all- hazard, emergency preparedness training. In CERT,
attendees learn a positive and realistic approach to emergency and disaster
situations where citizens may initially be on their own. For those interested in
CERT training, the next class will be Tuesday evenings January 26 — March 2,
2010, from 7:00 p.m. — 9:30 p.m., with a Disaster Simulation Drill Saturday,
March 6.
Mayor Parvin encouraged citizens to contact Yugal Lall, City Engineer /Public
Works Director or the Federal Emergency Management Administration if they
have any questions regarding the new Flood Maps as it is vitally important to
purchase flood insurance, if needed, before the January deadline for the increase
in rates.
Mayor Parvin announced Ventura County Animal Regulation has changed the
Camarillo Shelter hours to offer better access for the public. The Shelter is now
closed on Tuesdays, but is open on Sundays from 9:00 a.m. — 4:00 p.m. for
animal lovers who need to license their current pets or would like to adopt a pet.
The shelter is experiencing a large volume increase in the number of dogs and
cats and hopes you will consider adopting a pet this holiday season to bring joy
into your home.
Mayor Parvin announced during hard economic times, pets need to eat too.
Through the generous support of PETCO, local food stores, and many
individuals, the Camarillo Shelter has opened a Pet Pantry offering dry and
canned dog and cat food to members of the public who need assistance. The
Pantry is open Sunday mornings from 10:00 — noon or until food runs out.
Mayor Parvin announced the Moorpark City Library will keep youth and teens
entertained through winter break. Visit the Library to play video and board
games; turn your old jeans into a chic Jean Pocket purse; or learn Video Game
Development 101 basics.
Minutes of the City Council
Moorpark, California Page 4 December 16, 2009
Mayor Parvin announced Solid Waste service may be delayed a day during the
weeks of Christmas, and New Year. Moorpark residents whose trash service
day falls on the Friday holiday will have their containers picked up on Saturday.
Mayor Parvin announced "Treecycle" your Christmas Tree — just place the tree at
your curb on service day between December 25 and January 9 and your hauler
will recycle your tree. Treecycle bins are also available on Moorpark Avenue just
south of LA Avenue and on Marquette just north of Campus Park for residents
who wish to drop off their tree for recycling.
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 from adjourned
meeting of December 2, 2009) Staff Recommendation: 1) Open the public
hearing, accept public testimony, and close the public hearing; and 2)
Adopt Resolution No. 2009 -2880, revising the approval of the sale of
property between the Agency and Developer, subject to Disposition and
Development Agreement approval by the Agency, and rescinding
Resolution No. 2007 -2661 and Resolution No. 2008 -2692.
Mr. Moe gave the staff report.
Mayor Parvin opened the public hearing.
Ken Simons, a Moorpark resident spoke in favor of the project as a
community gathering place.
Mayor Parvin closed the public hearing.
MOTION: Councilmember Mikos moved and Councilmember Van Dam
seconded a motion to adopt Resolution No. 2009 -2880, revising the approval of
the sale of property between the Agency and Developer, subject to Disposition
and Development Agreement approval by the Agency, and rescinding Resolution
No. 2007 -2661 and Resolution No. 2008 -2692. The motion carried by
unanimous roll call vote.
B. Consider Modification No. 1 to Residential Planned Development (RPD)
No. 1998 -01, a Request to Relocate the Required Recreation Center from
Vesting Tentative Tract Mae No. 5425 to Tract Map No. 5133, Located on
the South Side of Los Angeles Avenue at Millard Street, on the Application
of Shea Homes, Inc. Staff Recommendation: 1) Open the public hearing,
accept public testimony, and close the public hearing; and 2) Adopt
Resolution No. 2009- , approving Modification No. 1 to RPD No.
1998 -01, subject to conditions of approval.
Minutes of the City Council
Moorpark, California Page 5 December 16, 2009
Mr. Bobardt deferred the staff report and recommended the public hearing
be opened and continued to January 20, 2010, as the applicant has
requested a continuance to January.
Mayor Parvin opened the public hearing.
There were no speakers.
MOTION: Councilmember Millhouse moved and Councilmember Pollock
seconded a motion to continue the open public hearing to the regular meeting of
January 20, 2010. The motion carried by unanimous voice vote.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Glenwood Park Restroom Options and Execute Agreements
with Martinez Architects, Inc., for Construction Document Production and
Construction Observation for a 380 Square Foot Restroom Building at
Glenwood Park, and PICON for Pre - Construction and Construction
Coordination Services. Staff Recommendation: 1) Approve Option 2, for
conventional design and construction of restrooms at Glenwood Park; 2)
Authorize the City Manager to execute an agreement with Martinez
Architects for the architectural design services at a cost not to exceed
$22,800, subject to final language approval by the City Manager and City
Attorney; and 3) Authorize the City Manager to execute an agreement with
PICON (Phil Vein) for pre - construction coordination, construction, and
close -out services at a cost not to exceed $14,400, subject to final
language approval by the City Manager and City Attorney.
Mr. Kruse gave the staff report.
There were no speakers.
MOTION: Councilmember Millhouse moved and Councilmember Mikos
seconded a motion to: 1) Approve Option 2, for conventional design and
construction of restrooms at Glenwood Park; 2) Authorize the City Manager to
execute an agreement with Martinez Architects for the architectural design
services at a cost not to exceed $22,800, subject to final language approval by
the City Manager and City Attorney; and 3) Authorize the City Manager to
execute an agreement with PICON (Phil Vein) for pre- construction coordination,
construction, and close -out services at a cost not to exceed $14,400, subject to
final language approval by the City Manager and City Attorney. The motion
carried by unanimous roll call vote.
B. Consider an Ordinance Adding Chapter 15.23 Water Efficient Landscape
Ordinance to Title 15 of the Municipal Code, Adopting by Reference the
Model Water Efficient Landscape Ordinance of the State of California as
Contained in the California Code of Regulations Title 23. Waters, Division
Minutes of the City Council
Moorpark, California Page 6 December 16, 2009
2. Department of Water Resources, Chapter 2.7. Model Water Efficient
Landscape Ordinance, Sections 490 through 494. Staff
Recommendation: 1) Introduce Ordinance No. 383 for first reading, waive
full reading, and direct staff to schedule a public hearing and second
reading for January 6, 2010; and 2) Direct staff to return with a resolution
updating the City's Landscape Design Standards and Guidelines.
Mr. Bobardt gave the staff report.
CONSENSUS: In response to Councilmember Mikos, Mr. Kueny stated rather
than a future agenda item or box item to Council, the development of an
educational process for homeowners' associations and other individuals on how
to conserve water would be better referred to the Community and Economic
Development Committee along with attendance by a Waterworks District
employee; and for staff to look at ways the City can play a role when reviewing
plans, and to consider amending landscaping conditions to promote water
conservation for existing homeowners' associations, free of charge.
There were no speakers.
Mr. Montes read the title of Ordinance No. 383.
MOTION: Councilmember Mikos moved and Councilmember Millhouse
seconded a motion to: 1) Waive further reading, declare Ordinance No. 383 read
for the first time, and scheduled a public hearing for second reading for January
6, 2010; and 2) Directed staff to return with a resolution updating the City's
Landscape Design Standards and Guidelines. The motion carried by unanimous
voice vote.
C. Consider Award of Consultant Agreement to AECOM Technical Services,
Inc. for Final Project Design Plans, Specifications and Cost Estimates
(PSE) for Widening of Los Angeles Avenue between Moorpark Avenue
and Approximately 426 Feet East of Spring Road and Consider
Amendment to Hamner, Jewell and Associates Consultant Agreement for
Property Acquisition and Relocation Assistance Services. Staff
Recommendation: 1) Authorize the City Manager to sign a Consultant
Agreement with AECOM, subject to final language approval by the City
Manager and City Attorney for an amount not to exceed $65,458; and 2)
Authorize the City Manager to amend Hamner, Jewell and Associates'
existing agreement for Real Property Services to include the Los Angeles
Avenue Widening Project as specified in the agenda report, subject to final
language approval by the City Manager and City Attorney for an amount
not to exceed $140,000.
Mr. Lail gave the staff report.
There were no speakers.
Minutes of the City Council
Moorpark, California Page 7 December 16, 2009
MOTION: Councilmember Millhouse moved and Councilmember Pollock
seconded a motion to: 1) Authorize the City Manager to sign a Consultant
Agreement with AECOM, subject to final language approval by the City Manager
and City Attorney for an amount not to exceed $65,458; and 2) Authorize the City
Manager to amend Hamner, Jewell and Associates' existing agreement for Real
Property Services to include the Los Angeles Avenue Widening Project as
specified in the agenda report, subject to final language approval by the City
Manager and City Attorney for an amount not to exceed $140,000. The motion
carried by unanimous voice vote.
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Mikos moved and Councilmember Van Dam seconded a
motion to approve the Consent Calendar. The motion carried by unanimous roll call
vote.
A. Consider Minutes of Special Joint Meeting with Parks & Recreation
Commission of April 29, 2009. (continued from adjourned meeting of
December 2, 2009) Staff Recommendation: Approve the minutes.
B. Consider Minutes of Regular Meeting of November 18, 2009. (continued
from adjourned meeting of December 2, 2009) Staff Recommendation:
Approve the minutes.
C. Consider Warrant Register for Fiscal Year 2009 -2010 — December 2,
2009. (continued from adjourned meeting of December 2, 2009) Staff
Recommendation: Approve the warrant register.
D. Consider Warrant Register for Fiscal Year 2009 -2010 — December 16,
2009. Staff Recommendation: Approve the warrant register.
E. Consider Status Report on Poindexter Park Security Camera System.
(continued from November 4, 2009). (continued from adjourned meeting
of December 2, 2009) Staff Recommendation: Receive and file report.
F. Consider the Report Titled "Accounting of Fund Information as Required
by Section 66006 of the California Government Code for Fiscal Year
2008/09 ". (continued from adjourned meeting of December 2, 2009) Staff
Recommendation: Receive and file report.
G. Consider Amendment to Cost Sharina Memorandum of Aareement (MOA
for the Calleauas Creek Total Maximum Dailv Load Monitorina and
Implementation Program. (continued from adjourned meeting of
December 2, 2009) Staff Recommendation: Authorize the Mayor to sign
the First Amended and Restated MOA.
Minutes of the City Council
Moorpark, California Page 8 December 16, 2009
H. Consider Approval of Additional Administrative Leave. (continued from
adjourned meeting of December 2, 2009) Staff Recommendation:
Approve additional administrative leave for those positions as specified in
the agenda report. (Staff: Steven Kueny)
Consider Resolution Supporting the Local Taxpayer, Public Safety and
Transportation Protection Act of 2010. Staff Recommendation: 1) Adopt
Resolution No. 2009 -2881 and 2) Direct staff to forward copies of this
resolution to the League of California cities and the campaign offices.
J. Consider Third Amendment to Implementation Agreement for Countywide
Stormwater Program. Staff Recommendation: 1) Authorize the Mayor to
sign the Amendment, subject to final language approval by the City
Manager and City Attorney.
K. Consider Release of Surety (Cash Deposit Performance Bond) for Toll
Brothers Inc. (Moorpark Country Club Golf Course - CUP 1994 -01). Staff
Recommendation: Authorize the City Clerk to release the cash deposit
performance bond as referenced in the agenda report for Toll Brothers,
Inc.
L. Consider Postponing Planned Workshop for Review of Proposed
Revisions to the Campus Master Plan for New Civic Center and City Hall
Scheduled for the Regular City Council Meeting of January 20, 2010.
Staff Recommendation: Remove the agenda item for the Civic Center
project from the January 20, 2010, regularly scheduled meeting and direct
staff to schedule other items for that meeting.
M. Consider Authorization to Record the Notice of Completion, Release of
Retention, Release of Performance Bond, and Release of Payment Bond
in Accordance with Agreement for Poindexter Park Expansion Project.
Staff Recommendation: 1) Authorize the City Clerk to file the Notice of
Completion for the project; 2) Authorize the release of the balance of
payment due to the Contractor in accordance with the contract and City
acceptance of completion of all contractual obligations and all required
close -out documents, on the part of the contractor, or 55 days after Notice
of Completion records, which ever occurs later; 3) Release the
Performance Bond one year after Recordation of Notice of Completion in
accordance with the contract, and completion of contractual obligations on
the part of Contractor; and 4) Release the Payment Bond six months after
Recordation of Notice of Completion in accordance with the contract, and
completion of contractual obligations on the part of Contractor.
N. Consider Resolution Amending Personnel Rules and Regulations for the
Positions in the Competitive Service and Rescinding Resolution No. 2005-
2353. Staff Recommendation: Adopt Resolution No. 2009 -2882,
rescinding Resolution No. 2005 -2353.
Minutes of the City Council
Moorpark, California Page 9 December 16, 2009
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
None.
12. CLOSED SESSION:
None was held.
13. ADJOURNMENT:
Mayor Parvin adjourned the meeting at 8:40 p.m. in memory of Ruben Castro.
ATTEST:
Maureen Benson, Assistant City Clerk
Jan a S. Parvin, Mayor