HomeMy WebLinkAboutMIN 2011 0202 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California February 2, 2011
A Regular Meeting of the City Council of the City of Moorpark was held on February 2,
2011 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 7:15 p.m.
2. PLEDGE OF ALLEGIANCE:
Boy Scout, Ian Cochran, led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Millhouse, Pollock, Van Dam, and Mayor
Parvin.
Absent: Councilmember Mikos
Staff Present: Steven Kueny, City Manager; Hugh Riley, Assistant City
Manager; Deborah Traffenstedt, Deputy City Manager; Ron
Ahlers, Finance Director; David Bobardt, Community
Development Director; David Klotzle, Interim City
Engineer /Public Works Director; David Moe, Redevelopment
Manager; Shaun Kroes, Senior Management Analyst;
Jeremy Laurentowski, Landscape /Parks Maintenance
Superintendent; Teri Davis, Senior Management Analyst;
Captain Ron Nelson, Sheriff's Department; and Maureen
Benson, City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Introduction of New Employee, Roy Forney, Laborer /Custodian IV in the
Parks and Recreation Department.
Mayor Parvin introduced new employee, Roy Forney, Laborer /Custodian
IV in the Parks and Recreation Department.
B. Proclamation Declaring Support for the Let's Move! Campaign.
Mayor Parvin presented Recreation Superintendent, Stephanie Shaw with
a proclamation declaring support for the Let's Move! campaign.
Minutes of the City Council
Moorpark, California Page 2 Februar y 2 2011
5. PUBLIC COMMENT:
None.
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:
CONSENSUS: It was the consensus of the Council to pull Item 10.H. from the Consent
Calendar to be heard after Closed Session.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS /CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
Councilmember Pollock announced, he along with Councilmember Mikos and
Mayor Parvin had attended the 14th Annual Meeting of the Economic
Collaborative of Ventura County and the Ventura County Economic Development
Association's annual meeting on January 20th.
Councilmember Pollock announced on January 21st he had attended the Simi
Valley Hospital Foundation Board meeting where he and Moorpark Chamber of
Commerce President and CEO, Patrick Ellis have agreed to sit on the board as
an outreach to Moorpark.
Councilmember Pollock announced on January 27th he and Mayor Parvin had
attended the ribbon cutting ceremony of a new 7 -11 store at the Collins and
Campus Park shopping center.
Councilmember Pollock announced, on January 28th, he and several other
members of the Council and staff attended the Moorpark Chamber of Commerce
Annual Awards Dinner at the Moorpark Country Club where the Mayor's husband
received many awards.
Councilmember Van Dam congratulated Captain Ron Nelson as the recipient of
the Moorpark Chamber of Commerce's "Hometown Hero" award.
Councilmember Van Dam thanked Mr. Klotzle for all his work on the flood maps.
Mayor Parvin announced she had attended meetings and events as described
earlier by Councilmember Pollock and had also attended a recent City Select
Committee meeting where they appointed a new Ventura Local Agency
Formation Commission member.
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Moorpark, California Page 3 February 2, 2011
Mayor Parvin congratulated her husband, Dale Parvin, for the honors he received
at the Moorpark Chamber of Commerce Annual Awards Dinner.
Mayor Parvin acknowledged Captain Ron Nelson as Moorpark's "Hometown
Hero" and cited instances of his dedication and service to the community.
8. PUBLIC HEARINGS:
A. Consider an Ordinance Amending Chapter 5.48 Massage Establishments
and Therapists, of Title 5 Business Taxes, Licenses and Regulations: and
Section 17.08.010 Definitions and Section 17.20.060 Uses by Zone, of
Title 17 Zoning of the Moorpark Municipal Code. Staff Recommendation:
1) Open the public hearing, accept public testimony, and close the public
hearing; and 2) Introduce Ordinance No. 398 for first reading, waive full
reading, and direct staff to schedule second reading and adoption for
February 16, 2011.
Mr. Fiss gave the staff report.
A discussion followed among the Councilmembers and staff concerning
the requirement in the last sentence of Item F. on stamped page 22 of the
agenda report, which requires the licensee to report to the Community
Development Department any discharge or termination of services of a
massage practitioner or massage therapist within five business days of
such event.
Mayor Parvin opened the public hearing.
There were no speakers.
Mayor Parvin closed the public hearing.
Mr. Bobardt provided the following language to amend the last sentence of
Item F. - Notification of Changes in Registered Massage Practitioners and
Therapists on stamped page 22 of the agenda report to read, "In addition,
any discharge or termination of the services of a massage practitioner or
massage therapist must be reported to the Community Development
Department as part of the annual license renewal."
Ms. Benson read the title of Ordinance No. 398.
MOTION: Councilmember Pollock moved and Councilmember Van Dam
seconded a motion to waive full reading of Ordinance No. 398, as amended, and
to direct staff to schedule second reading and adoption for February 16, 2011.
The motion carried by voice vote, 4 -0, Councilmember Mikos absent.
Minutes of the City Council
Moorpark, California Page 4 February 2 2011
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Providing Comments on Possible Unmet Transit Needs to the
Ventura County Transportation Commission (VCTC) and Receive Report
on Unmet Transit Needs Findings and Goals. Staff Recommendation:
Provide comments and direct staff to forward them to VCTC, prior to the
end of the public comment period.
Mr. Kroes gave the staff report.
There were no speakers.
MOTION: Councilmember Millhouse moved and Councilmember Pollock
seconded a motion to direct staff to forward unmet transit needs comments to the
Ventura County Transportation Commission prior to the end of the public
comment period on February 14, 2011. The motion carried by voice vote, 4 -0,
Councilmember Mikos absent.
B. Consider Resolution Adopting a Revised Fee Schedule for Services
Rendered Pursuant to the Moorpark Municipal Code Relating to Business
Registration Fees and Rescinding Resolution No. 2008 -2724. Staff
Recommendation: Adopt Resolution No. 2011 -2994, rescinding
Resolution No. 2008 -2724. ROLL CALL VOTE REQUIRED
Mr. Bobardt gave the staff report.
There were no speakers.
MOTION: Councilmember Pollock moved and Councilmember Van Dam
seconded a motion to adopt Resolution No. 2011 -2994, approving a revised fee
schedule for services rendered pursuant to the Moorpark Municipal Code relating
to business registration fees and rescinding Resolution No. 2008 -2724. The
motion carried by roll call vote 4 -0, Councilmember Mikos absent.
C. Consider Resolution of Intention to Grant an Oil Pipeline Franchise to
Crimson California Pipeline, L.P. for a Twenty -Year Period Pursuant to the
California Public Utilities Code. Staff Recommendation: Adopt Resolution
No. 2011 -2995 and set public hearing for March 2, 2011.
Mr. Riley gave the staff report.
Councilmember Millhouse requested the amount of insurance coverage
be presented on March 2, 2011.
There were no speakers.
Minutes of the City Council
Moorpark, California Page 5 February 2, 2011
MOTION: Mayor Parvin moved and Councilmember Millhouse seconded a
motion to adopt Resolution No. 2011 -2995 declaring the intention to grant an Oil
Pipeline Franchise to Crimson California Pipeline, L.P. and setting a public
hearing for March 2, 2011. The motion carried by voice vote, 4 -0,
Councilmember Mikos absent.
D. Consider Resolution Updating the City's Landscape Design Standards
and Guidelines to be Consistent with Municipal Code Chapter 15.23,
Water Efficient Landscape Ordinance, and the Model Efficient Landscape
Ordinance of the State of California as contained in the California Code of
Regulations Title 23. Waters, Division 2. Department of Water Resources,
Chapter 2.7. Model Water Efficient Landscape Ordinance, Sections 490
through 494; and Rescinding Resolution No. 2004 -2244. Staff
Recommendation: Adopt Resolution No. 2011 -2996, rescinding
Resolution No. 2004 -2244.
Mr. Laurentowski gave the staff report.
There were no speakers.
MOTION: Mayor Parvin moved and Councilmember Pollock seconded a motion
to adopt Resolution No. 2011 -2996, updating the City's Landscape Design
Standards and Guidelines to be consistent with Municipal Code Chapter 15.23,
Water Efficient Landscape Ordinance, and the Model Efficient Landscape
Ordinance of the State of California as contained in the California Code of
Regulations Title 23. Waters, Division 2. Department of Water Resources,
Chapter 2.7. Model Water Efficient Landscape Ordinance, Sections 490 through
494; and rescinding Resolution No. 2004 -2244. The motion carried by voice
vote, 4 -0, Councilmember Mikos absent.
E. Consider Status Report on Mission Statement, Priorities, Goals and
Objectives for Fiscal Year 2010/11 and Direction for Fiscal Year 2011/12.
Staff Recommendation: Direct staff as deemed appropriate.
Mr. Kueny gave the staff report.
A discussion followed among the Councilmembers and staff concerning
the reasons for the narrow scope of Top Ten Priority No. 5 for construction
of a truck scale facility to reduce; the development of the SDI property site
being problematic for Potential Objective No. 56. for a private BMX facility;
and the possibility of moving Potential Objective No. 61 to obtain grant
funding for universally accessible play equipment to the Departmental
Objectives list despite the current lack of staffing to address the goal.
There were no speakers.
CONSENSUS: The consensus of the Council was to receive and file the report.
Minutes of the City Council
Moorpark, California Page 6 February 2, 2011
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Millhouse moved and Councilmember Pollock
seconded a motion to approve the Consent Calendar with the exception of Item
10. H, which was pulled for individual consideration to be heard after Closed
Session. The motion carried by roll call vote, 4 -0, Councilmember Mikos absent.
A. Consider Minutes of Special Meeting of December 15, 2010. Staff
Recommendation: Approve the minutes.
B. Consider Warrant Register for Fiscal Year 2010 -2011 — February 2, 2011
Staff Recommendation: Approve the warrant register.
C. Consider Resolutions to Initiate Proceedings Related to the Citywide
Landscape and Lighting Maintenance Assessment District and the Parks
and Recreation Maintenance Improvement District for Fiscal Year 2011/12
and Consider Amendment to the Agreement with SCI Consulting Group
for Professional Consulting, Engineer of Work, and Levy Administration.
Staff Recommendation: 1) Adopt Resolution Nos. 2011 -2997 and 2011-
2998; and 2) Approve the amendment to SCI Consulting Group
agreement, subject to final language approval by the City Manager and
City Attorney; and authorize the City Manager to sign the agreement.
ROLL CALL VOTE REQUIRED
D. Consider Resolution Establishing a "Parking by Permit Only" Zone on
Minor Street and Fitch Avenue. Staff Recommendation: Adopt Resolution
No. 2011 -2999.
E. Consider Amendment No. 4 to Architectural Agreement with HMC
Architects for Reimbursable Expenses for the Ruben Castro Human
Services Center. Staff Recommendation: Approve Amendment No. 4 to
the Agreement to increase the amount by $38,000 from $1,322,793 to
$1,360,793 and authorize the City Manager to execute the Amendment,
subject to final language approval by the City Manager and City Attorney.
F. Consider Agreement with Jensen Design and Survey, Inc. for Surveying
Services for the Ruben Castro Human Services Center Capital
Improvement Project (5020). Staff Recommendation: Approve
Agreement, and authorize the City Manager to sign the Agreement,
subject to final language approval by the City Manager and City Attorney,
and authorize the City Manager to approve additional services not to
exceed 10% contingency amount as outlined in the agenda report.
G. Consider Option Agreement with the Moorpark Redevelopment Agency of
the City of Moorpark to Purchase Agency Land Held for Resale. Staff
Recommendation: 1) Approve Option Agreement with the Redevelopment
Minutes of the City Council
Moorpark, California Page 7 February 2 2011
Agency of the City of Moorpark for the right to purchase Agency's land
held for resale, subject to final language approval by the City Manager and
City Attorney; and 2) Authorize the Mayor to execute any documents
necessary to facilitate granting the option to the City.
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
A. Consider Ordinance No. 397 Amending Chapters 8.52. Stormwater
Quality Management, 9.08, Offenses Against Public Decency; 9.16,
Offenses Involving Minors; 10.04, Traffic Code; 10.08, Private Roads and
Parking Facilities; and 10.20, Skateboard, Motorized Skateboard, Scooter,
Motorized Scooter, Roller Skate and In -Line Skate Regulations; Adding
Article VII in Chapter 10.04, Bus Zone Location Exception; Deleting
10.04.270, Bus Zones, Deleting Section 10.04.340, Violation — Penalty;
Adding Section 10.04.360, Bus Zones: and Adding Section 10.04.270,
Procedures for Processing Parking Violation Citations. Staff
Recommendation: Waive full reading and declare Ordinance No. 397
read for the second time and adopted as read. ROLL CALL VOTE
REQUIRED
Ms. Benson read the title of Ordinance No. 397.
MOTION: Councilmember Van Dam moved and Councilmember Pollock
seconded a motion to waive full reading and declare Ordinance No. 397 read for
the second time and adopted as read. The motion carried by unanimous roll call
vote.
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, 12.E, 125, and 12.G. on the
agenda.
MOTION: Councilmember Millhouse moved and Councilmember Van Dam seconded a
motion to go into closed session for discussion of one case under Item 12.13. and Items
12.C, 12.D, 12.E, 12.F, and 12.G. on the agenda. The motion carried by voice vote 4 -0,
Councilmember Mikos absent.
AT THIS POINT in the meeting the Council recessed at 8:14 p.m. and reconvened at
8:25 p.m. for closed session discussion of one case under Item 12.13. and Items 12.C,
12.D, 12.E, 12.F, and 12.G. on the agenda.
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
Minutes of the City Council
Moorpark, California Page 8 February 2, 2011
(Pursuant to Subdivision (a) of Section 54956.9 of the Government Code)
U.S. Bank National Association as Trustee vs. Casino REA Corporation;
City of Moorpark; et al. (Case No. 56- 2010- 00372244- CU- OR -SIM)
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 161 Second Street (APN 512 -0- 102 -210)
City Negotiator: City of Moorpark - Steven Kueny, City Manager
Negotiating Parties: Miguel Magdaleno
Under Negotiation: Price and terms of sale
E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 49 First Street (APN 512 -0- 103 -020)
City Negotiator: City of Moorpark - Steven Kueny, City Manager
Negotiating Parties: Albert Ceja
Under Negotiation: Price and terms of sale
F. 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 sale
G. 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; Community Development Director; Deputy City Manager; Finance
Director; and Parks and Recreation Director
Present in closed session were Councilmembers Millhouse, Pollock, Van Dam,
and Mayor Parvin; Steven Kueny, City Manager; Joseph Montes, City Attorney;
(via teleconference call) Hugh Riley, Assistant City Manager; Deborah
Traffenstedt, Deputy City Manager; Ron Ahlers, Finance Director; David Bobardt,
Community Development Director; David Moe, Redevelopment Manager; and
Teri Davis, Senior Management Analyst.
Ms. Davis left the meeting at 8:55 p.m.
Mr. Montes ended his conference call at 9:30 p.m, following discussion of
one case under Item 12.13. and Items 12.C, 12.D, and 12.E.
AT THIS POINT in the meeting the Council recessed at 9:30 p.m. to reconvene the
meeting of the Moorpark Redevelopment Agency. The Council meeting reconvened
into open session at 9:40 p.m.
Minutes of the City Council
Moorpark, California Page 9 February 2, 2011
AT THIS POINT in the meeting, the Council heard Consent Item 10.1-1, which had been
pulled for individual consideration.
10. H. Consider Resolution Approving and Authorizing Reimbursement
Agreement Between the Redevelopment Agency of the City of Moorpark
and the City of Moorpark for the Construction of the High Street
Streetscape Project, a Neighborhood Park Located at 161 Second Street;
Purchase of 161 Second Street; and Accept Grant Deed. Staff
Recommendation: 1) Adopt Resolution No. 2011 -3000; and 2) Authorize
the Mayor to execute the Reimbursement Agreement, subject to final
language approval by the City Manager and the City Attorney. ROLL
CALL VOTE REQUIRED
Mr. Moe gave the staff report and requested a revision to the
Reimbursement Agreement to show a commitment of $350,000 for
demolition of improvements at 192 High Street.
MOTION: Councilmember Millhouse moved and Councilmember Van Dam
seconded a motion to: 1) Adopt Resolution No. 2011 -3000; and 2) Authorize the
Mayor to execute the Reimbursement Agreement as amended to show a
commitment of $350,000 for demolition of improvements at 192 High Street; and
subject to final language approval by the City Manager and the City Attorney.
The motion carried by roll cal vote 4 -0, Councilmember Mikos absent.
Mr. Riley, Mr. Ahlers, and Mr. Moe left the meeting at 9:41 p.m.
AT THIS POINT in the meeting the Council recessed into closed session for continued
discussion. The time was 9:41 p.m.
The Council reconvened into open session at 9:58 p.m. Mr. Kueny stated Item
12.F. was not discussed and there was no action to report.
13. ADJOURNMENT:
Mayor Parvin adjourned the meeting at 9:58 p.m.
ATTEST:
Maureen Benson, City Clerk