HomeMy WebLinkAboutAGENDA 2012 0104 CC REG ITEM 10A Council Weeting
0.1 ITEM 10.A.
_ _______-------- MINUTES OF THE CITY COUNCIL
r December 7 2011
A Regular Meeting of the City Council of the City of Moorpark was held on December 7,
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 7:11 p.m.
2. PLEDGE OF ALLEGIANCE:
Joseph Vacca, Principal Planner, 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; Ron Ahlers, Finance Director; David
Bobardt, Community Development Director; David Klotzle,
City Engineer/Public Works Director; Stephanie Shaw,
Recreation Superintendent; Teri Davis, Senior Management
Analyst; Captain Ron Nelson, Sheriff's Department; and
Maureen Benson, City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
None.
5. PUBLIC COMMENT:
Patrick Withers, a Moorpark resident, recommended the City study the possibility
of taking over street lighting by eminent domain in order to retro-fit with induction
lighting and save money by reducing Landscaping and Lighting Assessment
District costs to the City.
AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the
Redevelopment Agency of the City of Moorpark. The time was 7:16 p.m. The City
Council meeting reconvened at 7:18 p.m.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
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7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
Councilmember Mikos stated today she attended the Executive Committee
meeting of the Economic Development Collaborative of Ventura County (EDC
VC), which will be holding its annual meeting at Spanish Hills Country Club in
Camarillo with Ventura County Economic Development Association (VCEDA)
and the EDC VC on January 19, 2012.
Councilmember Mikos stated on December 5th she represented the City of
Moorpark on the Santa Monica Mountains Conservancy Advisory Committee.
She reported on progress of construction of the Visitor Center using everything
made in America, which will be a joint use between the California State Parks,
Santa Monica Mountains Conservancy and the National Park Service for the
Santa Monica Mountains National Recreation Area.
Councilmember Van Dam stated the Moorpark High School Band is sponsoring a
Christmas tree lot in Staples parking lot on Los Angeles Avenue to raise funds to
support the arts in Moorpark.
Mayor Parvin announced Principal Planner, Joe Vacca, recently passed a
rigorous exam to become a member of the American Institute of Certified
Planners. AICP is the American Planning Association's professional institute,
providing recognized leadership nationwide in the certification of professional
planners in ethics, professional development, planning education, and the
standards of planning practice.
Mayor Parvin invited the public to come to the High Street Arts Center and catch
the spirit of the season in a performance filled with holiday stories, carols, and
kids. "Christmas Magic" features the voices of the Chaparral Middle School
Choir on Friday, Saturday, and Sunday, December 9th through the 11th.
Councilmember Mikos stated she had attended the prior week's performances by
the choir from Mountain Meadows School.
Mayor Parvin announced the Metrolink Holiday Express will arrive in Moorpark
on Saturday, December 17th at 7:00 p.m. with Santa and Mr. Claus on board; the
Moorpark Chamber of Commerce will hold a Holiday Boutique in the Metrolink
South Parking Lot; the Merry Minstrels will provide holiday music; the City will be
providing free hot chocolate; Starbucks will be donating free coffee, and the
Firefighters' Spark of Love Toy Drive will be on site.
Mayor Parvin announced Thursday, December 29th the Moorpark Library will
present "Wacky Winter Adventure Puppet Show"at the High Street Arts Center.
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Mayor Parvin announced Christmas tree recycling begins December 26th and
ends January 6th. Remove all tinsel, stands, garlands, etc., and simply place the
tree beside your recycling cart at the curb. No flocked or fire-retardant trees will
be accepted. Christmas trees can also be taken to one of the two TreeCycle
bins located on Marquette Street and Pine Ridge Court, or to the Simi Valley
Landfill located at 2801 Madera Road between December 26th and January
10th. Moorpark residents may also place extra garbage in bags alongside their
solid waste carts on the first trash collection day after Christmas.
Mayor Parvin stated on November 27th she had attended the Eagle Scout Court
of Honor for Darren Hansen and Michael Hanshaw whose projects in City parks
saved the City in excess of $25,000.
Mayor Parvin congratulated the Moorpark Rotary on their second annual "5K/1 OK
Family Run So Others Can Walk" fundraiser to fight polio world-wide.
Mayor Parvin thanked Troop Real Estate for providing turkey dinners to
Moorpark families in need.
8. PUBLIC HEARINGS:
None.
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Appointment to Fill a Vacancy on the Area Agency on Aging
Advisory Council. Staff Recommendation: Appoint one (1) representative
to fill a vacancy on the Area Agency on Aging Advisory Council for a term
ending June 30, 2012.
Ms. Benson gave the staff report.
There were no speakers.
MOTION: Mayor Parvin moved to nominate and Councilmember Mikos
seconded the motion to nominate of Benjamina Montoya to fill a vacancy on the
Area Agency on Aging Advisory Council for a term ending June 30, 2012. The
motion carried by unanimous voice vote.
B. Consider an Amendment to Section 2.04.050, Filling of Vacancies, of
Chapter 2.04 City Council of Title 2, Administration and Personnel of the
Moorpark Municipal Code. (continued from 11/2/11) Staff
Recommendation: Direct staff to draft an ordinance amending Section
2.04.050 of the Municipal Code to be consistent with State law and give
direction if any permitted option for the filling of a vacancy is to be
included.
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Ms. Traffenstedt gave the staff report and Mr. Montes outlined the three
issues of the MMC which are inconsistent with State law.
A discussion followed among the Councilmembers and Mr. Montes. Staff
clarified the different options available for filling vacancies on the Council;
the expense associated with various scenarios for calling an election; the
timing of, and the possible unique circumstances of each vacancy; the
potential for appointees having an advantage for being elected; and the
right of the citizenry to vote for their representatives.
In response to Mayor Parvin, Mr. Montes confirmed among the various
options the most flexible option available to the Council would be to delete
Section 2.04.050 from the Moorpark Municipal Code and to default to the
California Government Code if a vacancy were to occur.
John Shishino-Cruz, a Moorpark resident, spoke in favor of retaining the
requirement to call an election to fill a vacancy on the Council thereby
allowing the people the freedom to be heard.
Linda Shishino-Cruz, a Moorpark resident, spoke in favor of bringing the
Moorpark Municipal Code section into compliance with State law, deleting
any erroneous reference, and retaining the requirement to call an election
to fill a vacancy on the Council.
In response to Councilmember Mikos, Mr. Montes stated without an
ordinance identifying petitions as a means of requiring a special election
rather than an appointment to fill a vacancy, the public would have to do a
recall.
MOTION: Councilmember Millhouse moved and Mayor Parvin seconded a
motion to direct staff to prepare an ordinance to remove Section 2.04.050 from
the Moorpark Municipal Code and to follow State law for options for filling a
vacancy on the Council.
Councilmember Mikos stated for the record that it is not absolutely certain
that any election would cost $100,000. She called for a roll call vote.
The motion carried by roll call vote 4-1, Councilmember Mikos dissenting.
C. Consider Adopting the Sports Field Rental Policy. Staff Recommendation:
Approve the Sports Field Rental Policy and direct that it be incorporated
into the next update of the City Council Policies Resolution.
Ms. Shaw gave the staff report.
There were no speakers.
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MOTION: Mayor Parvin moved and Councilmember Van Dam seconded a
motion to approve the Sports Field Rental Policy and direct that it be
incorporated into the next update of the City Council Policies Resolution. The
motion carried by unanimous voice vote.
D. Consider Adopting a High Street Arts Center Ticket Donation and
Discounting Policy. Staff Recommendation: Adopt High Street Arts
Center Ticket Donation and Discounting Policy and direct that it be
incorporated into the next update of the City Council Policies Resolution.
Mr. Riley gave the staff report.
There were no speakers.
A discussion followed among the Councilmembers and staff regarding the
following edits to the policy for Sections 4. And 5:
4. Approved Public Purposes for Complimentary . of Discounted
Tickets.
A. A maximum of up to four (4) Tickets per calendar year may
be donated to each public school located in the City of Moorpark
and to any non-profit, non-political organization that benefits City of
Moorpark residents with pr+erity given specifically to non-profit
organizations that benefit Moorpark youth (examples: local service
clubs, organized youth groups, the Boys and Girls Club of
Moorpark, and parent-teacher organizations)...
J. Tickets may be discounted in price up to a maximum of
twenty percent (20%) for purchase of no less than twenty (20)
group Tickets at one time,b orgaRizat+ -
except as excluded by Section 5. of this policy. Such discounted
price may be offered no more than once annually
grejeEtto any individual, business or organization. The group
Tickets purchased at the discounted price for an annual fundraiser
can be sold for the regular box office price of less, with any profit
going to the charity.
5. Prohibited complimentary and Discounted Tickets.
Complimentary and discounted Tickets are not permitted to be
distributed to the following:
A---P-r-ivate-individeale-er-bt-s��eept--as--permtted--by
Sec4ioP-4.J. of this pe!iW.
AS. For-profit or not-for-profit organizations with political
objectives such as political action committees.
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BC. Candidates for public office of their campaign committees.
CO. Elected officials.
DE. City Officials as defined in Section 2, except for the purposes
of employee recognition, as permitted by Section 4.13 of this policy.
MOTION: Councilmember Mikos moved and Councilmember Pollock seconded
a motion to adopt High Street Arts Center Ticket Donation and Discounting
Policy, as amended for Sections 4. and 5; and directed that it be incorporated
into the next update of the City Council Policies Resolution. The motion carried
by unanimous voice vote.
E. Consider Possible Alternative Methods for Controlling Destructive Wild
Rabbits that Cause Damage to Vegetation on Private and Public Propert y.
Staff Recommendation: Direct staff as deemed appropriate.
Captain Nelson stated staff is requesting this item be continued to the
meeting of January 4, 2012, to allow staff to gather additional information
on this subject.
There were no speakers.
Councilmember Mikos stated for the record she had seen Assistant City
Manager, Hugh Riley on the Channel 7 News at 6:00 p.m. tonight
reporting on this item. She referenced stamped page 22 of the agenda
report and reminded staff that the City has a policy to never use anti-
coagulant poison for anything.
A discussion followed among the Councilmembers and staff regarding
additional options such as a food source that causes sterility in the rabbits;
and Councilmember Van Dam suggested rather than setting a definite
date in January to take this item off calendar to allow staff more time.
Pamela Castro, a Moorpark resident, spoke in regard to the wild rabbits
that have overrun her property and thanked the Council for taking up this
subject matter.
MOTION: Councilmember Millhouse moved and Mayor Parvin seconded a
motion to take this item off calendar to allow staff more time to study the options.
The motion carried by unanimous voice vote.
F. Consider Cancellation of December 21, 2011 Regular Meeting. Staff
Recommendation: Direct staff to post a notice of meeting cancellation for
December 21, 2011.
Ms. Benson gave the staff report.
There were no speakers.
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CONSENSUS: It was the consensus of the Council to direct staff to post a notice
of meeting cancellation for December 21 , 2011 .
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Van Dam moved and Mayor Parvin seconded a motion to
approve the Consent Calendar with the exception of Items 10.F. and 10.G, which were
pulled for individual consideration. The motion carried by unanimous roll call vote.
A. Consider Minutes of Regular Meeting of November 16, 2011 . Staff
Recommendation: Approve the minutes.
B. Consider Warrant Register for Fiscal Year 2011/12 — December 7, 2011.
Staff Recommendation: Approve the warrant register.
C. Consider Revising Financial Contribution to the Ventura County Housing
Trust Fund (VCHTF). Staff Recommendation: Approve disbursement of
the City's $50,000.00 contribution to the VCHTF in two annual payments
and allow up to 10% of the contribution to be utilized solely for direct staff
time to implement VCHTF activities.
D. Consider Resolution Directing the Planning Commission to Study, Hold a
Public Hearing, and Provide a Recommendation on Amendments to
Chapter 17.20 (Uses by Zone) of the Zoning Ordinance to Address the
Religious Land Use and Institutionalized Persons Act in the Allowed Uses.
Staff Recommendation: Adopt Resolution No. 2011-3075.
E. Consider Report of 2011 Annual Development Agreement Review,
Established in Connection with Moorpark Highlands Specific Plan No. 2, a
Master Planned Community, Located East of Walnut Canyon Road and
North of Charles Street, on the Application of Pardee Homes (PA 1-6) and
KB Home (PA 8-9). Staff Recommendation: 1) Accept the Community
Development Director's report and recommendation that, on the basis of
substantial evidence, Pardee Homes has complied in good faith with the
terms and conditions of the agreement; and 2) Deem the 2011 annual
review process complete.
The following items were pulled for individual consideration.
G. Consider Resolution Amending the City of Moorpark Franchise
Agreements with G.I. Industries and Moorpark Rubbish Disposal, for both
Residential and Commercial Solid Waste Services, and Authorize the City
Manager to Execute the Amendments to the Agreements. Staff
Recommendation: 1) Adopt Resolution No. 2011-3076; and 2) Authorize
the City Manager to execute the amendments to the Franchise
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Agreements, subject to final language approval of the City Manager and
City Attorney.
Ms. Davis gave the staff report and stated a new Section 3. had been
added to the Resolution on stamped page 97 of the agenda report.
"SECTION 3. This extension shall become effective upon
execution of the amendment by both parties.
SECTION 34. The City Clerk shall certify to the adoption of the
resolution and shall cause a certified resolution to be filed it he book of
original resolutions."
MOTION: Mayor Parvin moved and Councilmember Mikos a motion to 1) Adopt
Resolution No. 2011-3076, as amended to add a new Section 3; and 2)
Authorize the City Manager to execute the amendments to the Franchise
Agreements, subject to final language approval of the City Manager and City
Attorney. The motion carried by unanimous voice vote.
Ms. Traffenstedt stated that staff had correctly labeled the agenda reports
in the packet for Items 10.F. and 10.G, but had inadvertently flipped the
titles on the agenda itself. The website and public copies of the agenda
have been corrected.
F. Consider the Selection of MR Consulting for Professional Services
Relating to Floodplain Management and Consider Resolution Amending
the Fiscal Year 2011/12 Budget. Staff Recommendation: 1) Authorize the
City Manager to execute the agreement with MR Consulting, subject to
final language approval of the City Manager and City Attorney; and 2)
Adopt Resolution No. 2011-3077. ROLL CALL VOTE REQUIRED
MOTION: Councilmember Parvin moved and Mikos seconded a motion to
accept the amended agenda for Items. 10. F. and 10.G. The motion carried by
unanimous voice vote.
MOTION: Councilmember Mikos moved and Mayor Parvin seconded a motion to
1) Authorize the City Manager to execute the agreement with MR Consulting,
subject to final language approval of the City Manager and City Attorney; and 2)
Adopt Resolution No. 2011-3077. The motion carried by unanimous roll call
vote.
11 . ORDINANCES: (ROLL CALL VOTE REQUIRED)
None.
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12. CLOSED SESSION:
Mr. Kueny requested the City Council go into closed session for discussion of
Item 12.C. on the agenda.
MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a
motion to adjourn to closed session for a discussion of Item 12.C. on the agenda. The
motion carried by unanimous voice vote. The time was 8:28 p.m.
C. 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; and Deborah
Traffenstedt, Deputy City Manager.
The Council reconvened into open session at 8:58 p.m. Mr. Kueny stated Item
12.C. was discussed and there was no action to report.
13. ADJOURNMENT:
Mayor Parvin adjourned the meeting at 8:58 p.m.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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