HomeMy WebLinkAboutAGENDA REPORT 2012 0118 CC REG ITEM 10AITEM 10.A.
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MINUTES OF THE CITY COUNCIL
Moorpark, California January 4. 2012
A Regular Meeting of the City Council of the City of Moorpark was held on January 4,
2012, 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 7:20 p.m.
2. PLEDGE OF ALLEGIANCE:
Nick Sinopoli, a Moorpark resident, 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; David Moe,
Redevelopment Manager; Captain Ron Nelson, Sheriff's
Department; and Maureen Benson, City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
None.
5. PUBLIC COMMENT:
Diane Walters, a Moorpark resident, reported on issues with street sweeping
starting before the appointed time on her street. She stated for the future agenda
item regarding wild rabbits, she is in favor of the wild animals retaining their
habitat and hopes drastic measures will not be taken to eliminate them.
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 7:24 p.m. The City
Council meeting reconvened at 7:25 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, which
will be holding its annual meeting at Spanish Hills Country Club in Camarillo with
the Ventura County Economic Development Association on January 19th.
Mayor Parvin announced the Ventura County Transportation Commission
(VCTC) will hold an East County Unmet Transit Needs meeting at the Moorpark
City Hall Community Center on January 17th. The Moorpark City Council will
consider unmet transit needs at its February 1 st meeting. The deadline to submit
comments to VCTC is February 13th.
Mayor Parvin announced the City Council is looking for interested citizens to
submit an application for consideration to fill a vacancy on the Library Board for a
term ending June 30, 2013. Applications are available at City Hall, the Library,
and on the City's website. Applications must be submitted to the City Clerk at
City Hall no later than 5:00 p.m. on January 20th.
Mayor Parvin announced January 6th is the opening night of the High Street Arts
Center presentation of "Hair Spray ", the Broadway musical.
Mayor Parvin announced on January 15th, Art in Public Places will be presenting
artist, John Fischer carving a limestone stature in the plaza at the Ruben Castro
Human Services Center on Spring Road.
8. PUBLIC HEARINGS:
None.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider an Ordinance Deletina Section 2.040.050. Fillina of Vacancies
of Chapter 2.04, City Council of Title 2 of the Moorpark Municipal Code.
Staff Recommendation: Introduce Ordinance No. 410 for first reading,
waive full reading, and schedule second reading and adoption for January
18, 2012.
Ms. Traffenstedt gave the staff report and in response to Councilmember
Mikos stated the following verbiage would be added to the final recital,
"...and directed an ordinance be prepared for introduction on January 4,
2012 ".
Councilmember Mikos presented a compromise suggestion to keep the
existing ordinance allowing for any corrections needed to comply with the
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Moorpark, California Page 3 January 4, 2012
Government Code, but to also include a provision specifying how the
public could petition for a special election.
Chris Evans, former Councilmember, spoke in opposition to taking away
his right to vote in an election.
Janet Murphy, a Moorpark resident spoke in opposition to repealing the
ordinance stating citizens deserve the right to choose.
Linda Shishino -Cruz, a Moorpark resident, spoke in opposition to
repealing the ordinance; supported making the minor changes to bring the
section current; and stated consideration of the cost of an election should
not be a factor in this decision.
John Shishino -Cruz, a Moorpark resident, spoke in opposition to deleting
the ordinance as people want to vote regardless of the cost for a special
election.
A discussion followed among the Councilmembers, staff, and Mr. Montes
regarding the desire for informed deliberation when a vacancy occurs to
determine the pros and cons for calling an election versus making an
appointment; the possibility of an appointed member having an advantage
as an incumbent; and the public's rights in regard to petitioning and voting.
MOTION: Councilmember Mikos moved and Councilmember Pollock seconded
for discussion purposes the motion to introduce an ordinance allowing for the
public to petition for a special election.
A discussion followed among the Councilmembers, staff and Mr. Montes
regarding the number of days the Council would wait to allow the public
time to generate a petition for a special election and the percentage of
signatures required for submitting the petition.
AMENDED MOTION: Councilmember Mikos moved to amend the motion and
Councilmember Pollock seconded the amendment to the language of the
ordinance to apply a 30 -day waiting period for the Council in making a decision
for appointment and a requirement for the petition signatures to be 10% of the
registered voters of the City according to the last report of registration by the
county elections official and consider Ordinance No. 410 introduced for first
reading.
Mr. Montes read the revised content of Ordinance No. 410.
"If a vacancy occurs on the City Council, or in the office of
elected Mayor, the Council shall fill such vacancy as
provided for in Government Code sections 36512(b) and
34902(a); provided, however, that pursuant to section
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Moorpark, California Page 4 January 4 2012
36512(c)(2), the Council shall wait 30 days from the
occurrence of the vacancy prior to making any appointment
to fill the vacancy to allow for the submission of petition(s) in
the format set forth in Elections Code section 100 bearing
the verified signatures of 10% of the registered voters of the
City according to the last report of registration by the county
elections official to the Secretary of State pursuant to
Section 2187 of the Elections Code, in which case a special
election shall be called to held on the next regularly
established election date not less than 114 days from the
filing of the petition and no appointment shall be made. All
references to statutes in this section shall include sections
amendatory or supplementary thereto."
The motion carried by unanimous voice vote.
Mr. Montes stated the amended content of the ordinance would be
prepared and presented for second reading and adoption at the January
18, 2012, meeting.
Councilmember Mikos stated for the record the public should still attend
the January 18th meeting when the second vote on the ordinance is to
take place.
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Millhouse moved and Councilmember Pollock seconded a
motion to approve the Consent Calendar. The motion carried by unanimous roll call
vote.
A. Consider Minutes of Regular Meeting of December 7, 2011. Staff
Recommendation: Approve the minutes.
B. Consider Warrant Register for Fiscal Year 2011/12 — JanuarY 4, 2012.
Staff Recommendation: Approve the warrant register.
C. Consider Surety Bond Exoneration for Burns - Pacific Construction, Inc.,
Tract 5147. Staff Recommendation: Authorize the City Clerk to fully
exonerate the Public Improvements Performance and Payment Surety
Bond No. 104849883 in the amount of $416,500.00.
D. Consider Granting an Easement for Pacific Bell Comr)anv (dba AT &T
California) for Existing Communication Facilities within a Portion of Lot C
of APN 512 -0- 171 -235 (612 Spring Road, Ruben Castro Human Services
Center). Staff Recommendation: Authorize the City Manager to execute
the Grant of Easement for the Property and have staff return the same to
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Pacific Bell Telephone Company, dba AT &T California, for recordation
with the County of Ventura.
E. Consider Regular Meeting Schedule for City Council Standing Committees
for Calendar Year 2012. Staff Recommendation: Approve Regular
Meeting Schedule for 2012
F. Consider Removal and Replacement of Heating Ventilation and Air
Cooling (HVAC) Duct Work on the Community Center Roof and
Resolution Amending the Fiscal Year 2011/12 Budget. Staff
Recommendation: 1) Approve the replacement of 315 feet of existing
HVAC roof ducting that serves the Active Adult Center and Community
Center; and 2) Award contract to lowest bidder; and 3) Adopt Resolution
No. 2012 -3078 amending the FY 2011/12 operating budget to appropriate
$40,365 from the General Fund Reserve (1000) to the Facilities Division
(7620). ROLL CALL VOTE REQUIRED
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
None.
AT THIS POINT in the meeting, the City Council recessed to convene a special meeting
of the City Council. The time was 8:35 p.m. The regular Council meeting reconvened at
8:36 p.m.
12. CLOSED SESSION:
Mr. Kueny requested the City Council go into closed session for discussion of
Items 12.C, 12.D, and 12.E. on the agenda.
MOTION: Councilmember Millhouse moved and Councilmember Van Dam seconded a
motion to adjourn to closed session for a discussion of Items 12.C, 12.D, and 12.E. on
the agenda. The motion carried by unanimous voice vote. The time was 8:36 p.m.
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 530 Moorpark Avenue (APN 512 -0- 103 -180)
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: MPP Investments dba MP Professional Center
Under Negotiation: Price and terms of payment
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 20 Moorpark Avenue (APN 512 -0- 111 -310)
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: City of Moorpark and Premji, Alladin & Susan Trust
Under Negotiation: Price and terms of payment
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E. 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; Hugh Riley, Assistant City
Manager; Deborah Traffenstedt, Deputy City Manager; David Bobardt,
Community Development Director; and David Moe, Redevelopment Manager.
Mr. Riley, Mr. Bobardt, and Mr. Moe left the meeting at 8:47 p.m.
The Council reconvened into open session at 9:05 p.m. Mr. Kueny stated Items
12.C, 12.D, and 12.E. were discussed and there was no action to report.
13. ADJOURNMENT:
Mayor Parvin adjourned the meeting at 9:05 p.m.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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