HomeMy WebLinkAboutMIN 2011 0601 CC REGMINUTES OF THE CITY COUNCIL
Moorpark California June 1, 2011
A Regular Meeting of the City Council of the City of Moorpark was held on June 1, 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 7:14 p.m.
2. PLEDGE OF ALLEGIANCE:
Shaun Kroes, Senior Management Analyst 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; Deborah Traffenstedt,
Deputy City Manager; David Bobardt, Community
Development Director; David Klotzle, City Engineer /Public
Works Director; Irmina Lumbad, Budget & Finance Manager
Allen Walter Landscape /Parks Maintenance Superintendent;
Jeremy Laurentowski, Landscape /Parks Maintenance
Superintendent; Shaun Kroes, Senior Management Analyst;
Captain Ron Nelson, Sheriff's Department; and Maureen
Benson, City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
None.
5. PUBLIC COMMENT:
Cathy Brudnicki, representing the Ventura County Homeless and Housing
Coalition, reported on the homeless count in Moorpark and the Homeless Sub -
Population Survey for Ventura County.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
CONSENSUS: It was the consensus of the Council to hear Item 9.D. prior to Item 9.A.
on the agenda.
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Moorpark, California Page 2 June 1, 2011
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS /CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
Councilmember Pollock reported he and other Councilmembers attended the
Memorial Day event at the park in honor of members of the military who have
passed away.
Councilmember Mikos reported she had attended the 8:00 a.m. flag raising
ceremony at the Veteran's Triangle.
Councilmember Mikos reported on May 19th she had attended a meeting of the
Economic Collaborative of Ventura County.
Councilmember Mikos reported on May 23rd she had attended a meeting of the
Santa Monica Mountains Conservancy.
Councilmember Mikos reported she had attended the opening night of the
musical Jekyll & Hyde at the High Street Arts Center. She also reported on
having attended the High Street Arts Center Broadcast on Sunday night.
Mayor Parvin reported she, along with the entire community, attended the Amgen
Bike Tour as it passed through Moorpark.
Mayor Parvin reported she had attended the Moorpark Chamber of Commerce
Community Awards Ceremony where City Manager, Steven Kueny was
recognized as the Public Servant of the Year.
Mayor Parvin reported she and Community Development Director, David Bobardt
had attended the 40th California Cup International Field Hockey Tournament
held at Moorpark College on Sunday.
Mayor Parvin reported she had attended the Moorpark Chamber of Commerce
Government Affairs Community meeting this afternoon.
Mayor Parvin announced the Moorpark Rotary Club is holding their annual Golf
Tournament at the Moorpark Country Club on June 9th to raise funds for worthy
causes in Moorpark.
Mayor Parvin announced there is something for everyone this summer at the
Moorpark City Library including: Summer Reading Club; Children's programs
on Tuesday afternoons, Teen events on Wednesday afternoons, Storytime
events throughout the summer along with gaming days, crafts, and movies;
and for the first time ever, the Library will present a summer reading club for
adults called "Novel Destinations ".
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Moorpark, California Page 3 June 1, 2011
8. PUBLIC HEARINGS:
A. Consider Final Review of the Assessment Engineer's Report for the
Landscaping and Lighting Maintenance Assessment Districts for Fiscal
Year 2011/2012 and Resolution Confirming the Levy Amounts. Staff
Recommendation: 1) Open the public hearing, accept public testimony,
and close the public hearing; and 2) Adopt Resolution No. 2011 -3029.
ROLL CALL VOTE REQUIRED
Mr. Kueny gave the staff report.
Mayor Parvin opened the public hearing.
There were no speakers.
Mayor Parvin closed the public hearing.
MOTION: Councilmember Mikos moved and Councilmember Pollock seconded
a motion to adopt Resolution No. 2011 -3029, confirming the levy amounts from
the Assessment Engineer's Report for the Landscaping and Lighting
Maintenance Assessment Districts for Fiscal Year 2011/12. The motion carried
by unanimous roll call vote.
B. Consider Final Review of the Assessment Engineer's Report for the Parks
and Recreation Maintenance and Improvement Assessment District for
Fiscal Year 2011/2012 and Resolution Confirming the Levy Amount. Staff
Recommendation: 1) Open the public hearing, accept public testimony,
and close the public hearing; and 2) Adopt Resolution No. 2011 -3030.
ROLL CALL VOTE REQUIRED
Mr. Kueny gave the staff report.
Mayor Parvin opened the public hearing.
There were no speakers.
Mayor Parvin closed the public hearing.
MOTION: Councilmember Millhouse moved and Councilmember Mikos
seconded a motion to adopt Resolution No. 2011 -3030, confirming the levy
amounts from the Assessment Engineer's Report for the Parks and Recreation
Maintenance and Improvement Assessment District for Fiscal Year 2011/12.
Councilmember Mikos stated for the public's benefit that this assessment
will only pay for approximately 32.87 percent of the actual costs with the
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Moorpark, California Page 4 June 1 2011
remainder being paid from the General Fund. Voter approval would be
needed to assess more and at some point this will need to be addressed.
The motion carried by unanimous roll call vote.
AT THIS POINT in the meeting Item 9.D. was heard.
9. PRESENTATION /ACTION /DISCUSSION:
D. Consider Rejection of Lowest Bidder, Allison's New Leaf, Inc. DBA Tri
Valley Landscape, and Approve Selection and Award of Agreement to
Second Lowest Bidder, Marina Landscape, Inc. for Park Landscape
Maintenance Services; and Consider Award of Agreement to Lowest
Bidder, Azteca Landscape for Facilities and Landscape Maintenance
Districts (LMDs) for Landscape Maintenance Services. Staff
Recommendation: 1) Reject Landscape Maintenance bid from Allison's
New Leaf, Inc., DBA Tri Valley Landscape as a non - responsive bid as
described in the agenda report; 2) Award the Agreement for Parks
Landscape Maintenance Services to the second lowest bidder, Marina
Landscape Services, in the amount of $302,816.28 for Fiscal Year
2011/12; and authorize the City Manager to execute the Agreement,
subject to final language approval by the City Manager and City Attorney;
and 3) Award the Agreement for Facilities and LMDs to the first lowest
bidder, Azteca Landscape, in the amount of $461,182.56 for Fiscal Year
2011/12; and authorize the City Manager to execute the Agreement,
subject to final language approval of the City Manager and City Attorney.
ROLL CALL VOTE REQUIRED
Mr. Walter gave the staff report.
A discussion followed between the Councilmembers and staff which
focused on: 1) Current vendor, Venco Western Landscape missed the
mandatory pre -bid meeting, and therefore could not participate in the
bidding; 2) Whether the requirement for specific references is the City's
standard; 3) Whether questions are allowed and clarifications provided at
the pre -bid meeting; and 4) The due diligence performed in determining
the lowest responsive bidder after the bids are opened.
Jennifer Allison, majority owner of Allison's New Leaf, Inc. dba Tri Valley
Landscape, spoke in opposition to staff's determination that their bid is
non - responsive due to lack of experience and limited scope of services;
and described the benefits to Moorpark from this local business.
Bill Allison, minority owner of Allison's New Leaf, Inc. dba Tri Valley
Landscape, provided a communication from Valley Crest Tree Company
attesting to Tri Valley's management of pesticide applications at their
facilities in Los Angeles and Ventura counties. Mr. Allison spoke in
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Moorpark, California Page 5 June 1, 2011
opposition to staff's determination that Tri Valley's bid is non - responsive
due to lack of experience and limited scope of services and asked for
reconsideration for the bid.
A discussion followed between the Councilmembers and staff which
focused on: 1) Consideration to award bids to local businesses balanced
with the needs to consider the cost to the Moorpark taxpayer; 2)
Procedures for notifying non - responsive bidders; 3) Bidders must have a
certainty that the bid process rules will be honored and are applied fairly
and consistently; 4) Possibility of revising future bid documents for more
clarity and specificity; 5) Re- bidding would diminish cost savings to the
City; and 6) Consideration for going out for bid again in one year for these
maintenance agreements.
MOTION: Councilmember Pollock moved and Councilmember Mikos seconded
a motion to: 1) Reject Landscape Maintenance bid from Allison's New Leaf, Inc.,
DBA Tri Valley Landscape as a non - responsive bid as described in the agenda
report; 2) Award the Agreement for Parks Landscape Maintenance Services to
the second lowest bidder, Marina Landscape Services, in the amount of
$302,816.28 for Fiscal Year 2011/12; and authorize the City Manager to execute
the Agreement, subject to final language approval by the City Manager and City
Attorney; and 3) Award the Agreement for Facilities and LMDs to the first lowest
bidder, Azteca Landscape, in the amount of $461,182.56 for Fiscal Year
2011/12; and authorize the City Manager to execute the Agreement, subject to
final language approval of the City Manager and City Attorney. The motion
carried by roll call vote 3 -2, Councilmember Millhouse and Mayor Parvin
dissenting.
CONSENSUS: It was the consensus of the Council to direct staff to bid the Park
Landscape Maintenance Services Agreement again in one -year.
AT THIS POINT in the meeting the Council returned to the agenda, as written, with Item
9.A.
A. Consider Presentation by Susan Mulligan, General Manager, Calleguas
Municipal Water District.
Ms. Mulligan gave a PowerPoint presentation on Calleguas Municipal
Water District's relationship with the Metropolitan Water District; and
Calleguas' plans for infrastructure improvements and future desalination of
ground water.
B. Consider Permit Adiustment No. 3 to Planned Development No. 966 to
Allow Architectural Enhancements to an Existing Building (Previously
Wendy's Restaurant) Located at 520 Los Angeles Avenue on the
Application of Dan Lorenzon (Popeve's Louisiana Kitchen). Staff
Recommendation: Direct the Community Development Director to issue a
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Moorpark, California Page 6 June 1 2011
letter approving Permit Adjustment No. 3 to Planned Development No.
966, subject to conditions of approval.
Mr. Fiss gave the staff report and stated the applicant has agreed to all
new conditions for the site.
Dan Lorenzon, applicant representing Popeye's Louisiana Kitchen, stated
he was available for questions.
MOTION: Councilmember Pollock moved and Councilmember Millhouse
seconded a motion to direct the Community Development Director to issue a
letter approving Permit Adjustment No. 3 to Planned Development No. 966,
subject to conditions of approval. The motion carried by unanimous voice vote.
C. Consider Amendment to Agreement with CUSA CC, LLC for Transit
Operating Services and Consider Amendment to Agreement with CUSA
CC, LLC for Bus Capital Maintenance Services. Staff Recommendation:
1) Authorize the City Manager to sign Amendment No. 2 to the Agreement
with CUSA CC, LLC for transit operating services, subject to final
language approval by the City Manager and City Attorney; and 2)
Authorize the City Manager to sign Amendment No. 2 to the Agreement
with CUSA CC, LLC for bus capital maintenance services, subject to final
language approval by the City Manager and City Attorney.
Mr. Kroes gave the staff report.
There were no speakers.
MOTION: Mayor Parvin moved and Councilmember Pollock seconded a motion
to: 1) Authorize the City Manager to sign Amendment No. 2 to the Agreement for
Transit Operating Services, subject to final language approval by the City
Manager and City Attorney; and 2) Authorize the City Manager to sign
Amendment No. 2 to the Agreement for Bus Capital Maintenance Services,
subject to final language approval by the City Manager and City Attorney. The
motion carried by unanimous voice vote.
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.G, which was
pulled for individual consideration. The motion carried by unanimous roll call vote.
A. Consider Minutes of Regular Meeting of May 18, 2011. Staff
Recommendation: Approve the minutes.
B. Consider Warrant Register for Fiscal Year 2010/11 — June 1, 2011. Staff
Recommendation: Approve the warrant register.
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Moorpark, California Paae 7 June 1, 2011
C. Consider Consultant Agreement with Hartzog & Crabill, Inc. for Traffic
Signal Design and Maintenance Services for Fiscal Year 2011/12. Staff
Recommendation: Authorize the City Manager to sign the Agreement,
subject to final language approval of the City Manager and City Attorney.
D. Consider Removing and Replacing Asbestos - Containing_ Vinyl
Composition Floor Tile Mastic in the Active Adult Center, Citrus Room and
Community Center's Custodian Closet, Video Control Room, Storage
Closet and Small Conference Room: and Resolution Amending the Fiscal
Year 2010/11 Budget. Staff Recommendation: 1) Approve the removal
and replacement of asbestos - containing vinyl as identified in the agenda
report; and 2) Adopt Resolution No. 2011 -3031. ROLL CALL VOTE
REQUIRED
E. Consider Resolution Amending the Fiscal Year 2010 -11 Budget by
Appropriating General Funds for the Senior Nutrition Program to Fund an
Additional Grant from the Ventura County Area Agency on Aging (VCAAA)
for Older Americans Act Title III -C Contract Grant Funds Staff
Recommendation: Adopt Resolution No. 2011 -3032. ROLL CALL VOTE
REQUIRED
F. Consider Resolution Authorizing the Destruction of City Records (1986-
2002 - Community Development Block Grant Records). Staff
Recommendation: Adopt Resolution No. 2011 -3033.
The following item was pulled for individual consideration.
G. Consider Aareement with Communitv Action of Ventura Countv to Provide
Home Enerav Assistance Proaram ADpointments at the Moorpark Active
Adult Center. Staff Recommendation: Approve a one -year agreement
and authorize the City Manager to execute agreement, subject to final
language approval by the City Manager.
Councilmember Mikos stated although there is no conflict of interest, as a
member of the Board of the Community Action of Ventura County, she
will, in an abundance of caution, abstain from voting on this item.
MOTION: Councilmember Millhouse moved and Mayor Parvin seconded a
motion to approve a one -year agreement and authorize the City Manager to
execute the agreement with the Community Action of Ventura County to provide
Home Energy Assistance Program appointments at the Moorpark Active Adult
Center, subject to final language approval by the City Manager. The motion
carried by voice vote 4 -0, Councilmember Mikos abstaining.
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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 12.13. and Items 12.C. and 12.F. on the agenda.
MOTION: Councilmember Millhouse moved and Mayor Parvin seconded a
motion to adjourn to closed session for discussion of three cases under Item
12.6. and Items 12.C. and 12.F. on the agenda. The motion carried by
unanimous voice vote. The time was 9:14 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 REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 519 -0- 210 -015 & 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
F. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Subdivision (b) of Section 54957 of the Government Code)
Title: City Manager and City Attorney
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, Deputy City Manager. Mr.
Bobardt left the meeting at 10:07 p.m. after Items 12.6. and 12. C.
The Council reconvened into open session at 11:04 p.m. Mr. Kueny stated three
cases under Item 12.13. and Items 12.C. and 12.F. were discussed and there was
no action to report.
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13. ADJOURNMENT:
Mayor Parvin adjourned the meeting at 11:04 p.m.
ATTEST:
I
Maureen Benson, City Clerk
4Jice S. Parvin, Mayor