HomeMy WebLinkAboutMIN 2010 1103 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California November 3 2010
A Regular Meeting of the City Council of the City of Moorpark was held on November 3,
2010, 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 7:18 p.m.
2. PLEDGE OF ALLEGIANCE:
David Klotzle, Interim City Engineer /Public Works 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; David Bobardt,
Community Development Director; Ron Ahlers, Finance
Director; David Klotzle, Assistant City Engineer; David Moe,
Redevelopment Manager; Jeremy Laurentowski,
Landscape /Parks Maintenance Superintendent; Jennifer
Mellon, 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:
A. Proclamation Declaring the Month of November as Native American
Indian Heritage Month.
Mayor Parvin presented a proclamation declaring the month of November
as Native American Indian Heritage Month to Nancy Kilbourn, California
State Chair of the American Indian Committee and Marilyn Look, First
Vice Regent of the Conejo Valley Chapter of the National Society of
Daughters of the American Revolution.
5. PUBLIC COMMENT:
Richard Myles, a victim of the 2008 Metrolink crash requested Council action to
adopt a resolution in support of Elton Gallegly's House of Representative Bill No.
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Moorpark, California Page 2 November 3, 2010
6150 (HR 6150) to amend current law retroactively to raise the allowable limit for
all claims from 200 million dollars to 500 million dollars only in cases of gross
negligence.
Mary Sachs, a victim of the 2008 Metrolink crash stated the current cap on
damages covers only one -third of cost to the victims of the crash; and requested
Council support action to request the U.S. Congress hold hearings to amend the
cap from 200 million to 500 million dollars.
Michael Moore, a Moorpark resident who lives with a Metrolink crash victim,
requested Councilmember Millhouse, who is Chairman of the Southern California
Regional Rail Authority (SCRRA), consult with the City Attorney and SCRRA's
attorney in regard to an conflict of interest in regard to support of HR 6150.
AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the
Moorpark Redevelopment Agency. The time was 7:29 p.m. The City Council meeting
reconvened at 7:30 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 requested a future agenda item to discuss the proposed
Waste Management Simi Valley Landfill Expansion Project.
Councilmember Mikos thanked Mayor Parvin for a great State of the City address
earlier in the day.
Councilmember Mikos and Councilmember Van Dam reported on the very
successful "Rocky Horror Picture Show" at the High Street Arts Center on Friday
with 200 in attendance.
Councilmember Van Dam reported on having attended Recreation Department's
very successful Trick or Treat Village.
Councilmember Van Dam reported on having attended Sheriff Bob Brook's
retirement event at The Reagan Library which raised funds for the Sheriff's
Foundation.
Councilmember Van Dam announced there are only two more weekends left to
see the High Street Arts Center's production of Evita, which is outstanding.
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Moorpark, California Page 3 November 3, 2010
Councilmember Pollock stated the quality of the High Street Arts Center's
productions has recaptured the magnificence of the old Moorpark Melodrama
and he has seen Evita two times.
Councilmember Pollock acknowledged the passing of former Mayor and
Councilmember, Eloise Brown and the lowering of flags to half mast throughout
the City.
Councilmember Mikos requested the meeting be adjourned in memory of Eloise
Brown.
Mayor Parvin stated Eloise Brown was a Councilmember who challenged and
questioned items and who helped build the foundation of the City we see today.
Mayor Parvin announced the Active Adult Center is "Celebration Our Veterans"
with a special lunch on Wednesday, November 10.
Mayor Parvin announced the Ventura County Animal Shelter, located at 600
Aviation Drive in Camarillo, is having a "Half Price Adoption Event" which
includes spay /neuter, rabies shot, microchip, free veterinary exam, County
license, and obedience classes.
Mayor Parvin announced the Moorpark Rotary Club is sponsoring its 10th annual
Civil War Reenactment on November 13 and 14 at Tierra Rejada Ranch.
Councilmember Van Dam announced at 10:00 a.m. on November 11 the
American Legion will be holding a ceremony at the Veteran's Memorial at the
corner of Spring Road and Flynn Avenue.
Councilmember Mikos announced the Changing of the Colors will take place at
8:00 a.m. on November 11th at the original Veteran's Memorial site on the corner
of Moorpark and Los Angeles Avenues.
8. PUBLIC HEARINGS:
None.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider an Ordinance Amending and Restating, in its Entirety, Chapter
8.36, Solid Waste, of Title 8, Health and Safety, of the Moorpark Municipal
Code. Staff Recommendation: Introduce Ordinance No. 394 for the first
reading, waive full reading, and schedule second reading and adoption for
November 17, 2010.
Ms. Mellon gave the staff report.
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There were no speakers.
MOTION: Councilmember Mikos moved and Councilmember Van Dam
seconded a motion to Introduce Ordinance No. 394 for the first reading.
Mr. Montes stated the language in Subsection 8.36.075 D. should be
changed from "If the seller or donor of Recyclable Material..." to "If the any
person responsible for day -to -day activities or operations sells or donates
Recyclable Material..."
Mr. Montes read the title of Ordinance No. 394.
AMENDED MOTION: Councilmember Mikos moved to amend the motion and
Councilmember Van Dam seconded the amendment to introduce Ordinance No.
394 for the first reading as amended in Subsection 8.36.075 D., waive full
reading, and schedule second reading and adoption for November 17, 2010.
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 City Council Meeting of October 13, 2010.
Staff Recommendation: Approve the minutes.
B. Consider Minutes of Special City Council Meeting of October 20, 2010.
Staff Recommendation: Approve the minutes.
C. Consider Minutes of Special Joint City Council /Redevelopment
Agency /Public Financing Authority Meeting of October 20, 2010. Staff
Recommendation: Approve the minutes.
D. Consider Warrant Register for Fiscal Year 2010 -2011 — October 20, 2010.
Staff Recommendation: Approve the warrant register.
E. Consider Second Amendment to Aareement with Penfield & Smith for
Additional Services for the Princeton Avenue Widenina Proiect (Project
8012. Staff Recommendation: Approve the Second Amendment with
Penfield & Smith to increase the Scope of Services for the Princeton
Avenue Widening Project in an amount not to exceed $130,000.00 and
authorize the City Manager to execute said amendment, subject to final
language approval by the City Manager and City Attorney.
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Moorpark, California Page 5 November 3 2010
F. Consider Authorization to Amend the Construction Contract and a
Resolution Amending the Fiscal Year 2010/11 Budget to Fund Increased
Construction Costs for the Mountain Trail Street and Spring Road
Pavement Rehabilitation. Staff Recommendation: 1) Authorize the City
Manager to amend the construction contract for project contingencies in
an amount not to exceed $30,000.00 if and when the need arises for extra
work and services; and 2) Adopt Resolution No. 2010 -2968. ROLL CALL
VOTE REQUIRED
G. Consider Landscape Concept for the Mountain Trail Median Islands and
Resolution Amending the Fiscal Year 2010/11 Budget. Staff
Recommendation: Approve the Landscape Concept for Mountain Trail
Median Islands; and 2) Adopt Resolution No. 2010 -2969, amending the
FY 2010/11 Budget to appropriate $25,335 from the Tree and Landscape
Fund (21560) to the Lighting and Landscaping Maintenance Assessment
District Division (7900).
H. Consider Eradicating Drywood and Subterranean Termites in the City Hall
Modular Buildings: Repairing Damage Caused by Termite Infestation;
Repairing the Overhead Shade Structures at City Hall Administration
Building: Replacing the Heating Ventilation Air Conditioning (HVAC) Units
at the City Hall Administration Building: and Resolution Amending the
Fiscal Year 2010/11 Budget. Staff Recommendation: 1) Approve
eradicating the drywood and subterranean termites in the City Hall
modular buildings; repairing the damage caused by the termite infestation;
repairing the wood posts that secure the overhead shade structures at the
City Hall Administration Building; repairing the overhead shade structure
at the entrance to City Hall Administration Building's Conference Room;
replacing the HVAC units at the City Hall Administration Building; and 2)
Adopt Resolution No. 2010 -2970, amending the FY 2010/11 Budget to
appropriate $49,514 from the General Fund Reserve (1000) to the
Facilities Division (7620). ROLL CALL VOTE REQUIRED
Consider Agreement with R. A. Atmore & Sons, Inc. for Weed Abatement
and General Cleanup of City Owned Property. Staff Recommendation: 1)
Approve the Agreement with R. A. Atmore & Sons, Inc., for ongoing weed
abatement and general cleanup services of City -owned properties, subject
to final language approval by the City Manager and City Attorney; and 2)
Authorize the City Manager to execute the Agreement on behalf of the
City.
J. Consider Rejection of Claim from: Eileen Anderson. Staff
Recommendation: Reject the claim and direct staff to send a standard
rejection letter to the claimant.
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Moorpark, California Page 6 November 3 2010
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
None.
12. CLOSED SESSION:
Mr. Kueny requested the City Council go into closed session for discussion of
three cases under Item 12.B., Items 12.C. and 12.D. on the agenda.
MOTION: Councilmember Mikos moved and Councilmember Van Dam seconded a
motion to adjourn to closed session for a discussion of three cases under Item 12.13.
and Items 12.C. and 12.D. on the agenda. The motion carried by unanimous voice
vote. The time was 7:45 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 REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 519 -0- 210 -055 & APN 519 -0 -210 -065
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: Heartland Recovery, California F #1, LLC
Under Negotiation: Price and terms of payment
Present in closed session were Councilmembers Mikos, Millhouse, Pollock, Van
Dam, and Mayor Parvin; Steven Kueny, City Manager; Joseph Montes, City
Attorney; Hugh Riley, Assistant City Manager; David Bobardt, Community
Development Director; and Deborah Traffenstedt, Administrative Services
Director /City Clerk.
The Council reconvened into open session at 8:55 p.m. Mr. Kueny stated three
cased under Item 12.6. and Items 12.C. and 12.D. were discussed and there
was no action to report.
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Moorpark California Page 7 November 3, 2010
13. ADJOURNMENT:
Mayor Parvin adjourned the meeting in memory of former Mayor and
Councilmember Eloise Brown at 8:55 p.m.
ATTEST:
Maureen Benson, Assistant City Clerk
J Mayor