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HomeMy WebLinkAboutAGENDA REPORT 2012 1219 CCSA REG ITEM 10E - .q- o ITEM 10.E. MINUTES-0E-THE MEETINGS OF THE MOORPARK CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK ("SUCCESSOR AGENCY") Moorpark California December 5, 2012 A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency was held on December 5, 2012, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. All items listed are heard and acted upon by the City Council unless otherwise noted. 1. CALL TO ORDER: Mayor Parvin called the meeting to order at 7:17 p.m. 2. PLEDGE OF ALLEGIANCE: Marie Lakin from Senator Fran Pavley's office led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin. Staff Present: Steven Kueny, City Manager; Kevin Ennis, City Attorney; Gena Stinnett, Assistant 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: A. Consider City Council Resolution Reciting the Fact of the General Municipal Election Held on November 6 2012 and Declaring the Election Results and Such Other Matters as Required by Law. Staff Recommendation: Adopt Resolution No. 2012-3143 (as revised to incorporate the certified election results). Ms. Benson provided a supplemental staff report and documenting the results of the election, as received on December 4, 2012, from the County Elections Division. There were no speakers. 271 Minutes of the City Council/Successor Agency Moorpark, California Page 2 December 5, 2012 MOTION: Councilmember Pollock moved and Councilmember Van Dam seconded a motion to adopt Resolution No. 2012-3143, as revised to incorporate the certified election results. The motion carried by unanimous voice vote. B. City Clerk Administers Oath of Office to Councilmember Keith F. Millhouse. Ms. Benson administered the oath of office to Councilmember Keith F. Millhouse. C. City Clerk Administers Oath of Office to Councilmember Roseann Mikos. Ms. Benson administered the oath of office to Councilmember Roseann Mikos. D. City Clerk Administers Oath of Office to Mayor Janice S. Parvin. Ms. Benson administered the oath of office to Mayor Janice S. Parvin. E. Comments from Newly Seated Councilmembers and Mayor. Councilmember Mikos congratulated Mayor Parvin and Councilmember Millhouse on being re-elected. She thanked all the voters and even those who did not vote for whatever role they play in caring about the community. Councilmember Mikos thanked Guy Gullo the architect of her campaign signs and all others who helped with her campaign. She promised to work very hard for all the people of Moorpark. Councilmember Millhouse congratulated Mayor Parvin and Councilmember Mikos on being re-elected. He stated it is an honor and a privilege to serve with this honorable Council, in this very special City; and thanked everyone for the opportunity to also represent Moorpark regionally. Mayor Parvin stated she is honored and grateful to serve with a great City Council; and is grateful to the residents of the City of Moorpark for electing her again. She thanked the voters, friends, business owners, neighbors, and police officers for encouraging her to run again. She gave a personal thank you to her family and outlined her priorities for the coming term. F. Nomination and Selection of Mayor Pro Tempore. MOTION: Mayor Pro Tempore Pollock moved and Councilmember Millhouse seconded a motion to nominate Councilmember Van Dam to serve as Mayor Pro Tempore. The motion carried by unanimous voice vote. 272 Minutes of the City Council/Successor Agency Moorpark, California Page 3 December 5, 2012 AT THIS POINT in the meeting, the Council recessed for a reception. The time was 7:32 p.m. The City Council meeting reconvened at 7:54 p.m. with all Councilmembers present. G. Introduction of New City Attorney, Kevin G. Ennis and New Assistant City Attorney, Gena M. Stinnett from the law firm of Richards, Watson & Gershon. Mayor Parvin introduced new City Attorney, Kevin G. Ennis and new Assistant City Attorney, Gene M. Stinnett from the law firm of Richards Watson & Gershon. 5. PUBLIC COMMENT: None. 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 Pollock stated he and Councilmember Millhouse served on the City Attorney Services Ad Hoc committee to review the many attorney firm proposals and the Council ended up interviewing eight potential firms. He welcomed Kevin Ennis and Gena Stinnett. Councilmember Mikos stated she had attended a meeting of the Executive Committee of the Economic Development Collaborative of Ventura County (EDCVC) on December 5. She reminded the Council the EDCVC will be holding their annual meeting at Spanish Hills Country Club in Camarillo on January 17. Councilmember Mikos stated the EDCVC has brochures and other helpful information available to business owners on their website at www.edcventura.toolsforbusiness.info. Councilmember Mikos stated she attended a meeting of the Santa Monica Mountains Conservancy on December 3 where the Rim of the Valley Special Resources Study was presented. She requested a future agenda item for the December 19 meeting to discuss the National Park Service Rim of the Valley Corridor Special Resources Study Preliminary Findings and Alternative Concepts to provide comments by the January 7, 2013 deadline. 273 Minutes of the City Council/Successor Agency Moorpark, California Page 4 December 5, 2012 Councilmember Van Dam announced the Moorpark High School Band is selling Christmas trees in front of Staples Parking lot where all proceeds go to support the music programs at the high school. Mayor Parvin announced "Christmas Magic" at the High Street Arts Center for six performances only. Contact 529-8700 or www.HighStreetArtsCenter.com. Mayor Parvin announced as the rainy season approaches, residents may fill sandbags available free of charge. The bags are located along the access road behind the Moorpark City Library and a the end of College View Avenue, south of Campus Park Drive, next to the Moorpark Dog Park. Mayor Parvin announced the City of Moorpark Recreation Division is now accepting registration for Winter Camp Moorpark. This program is for boys and girls ages 5 to 12 and is held at Arroyo Vista Recreation Center during the Moorpark Unified School District's winter break from December 26-28 and January 2-4. Mayor Parvin announced winter registration for Youth Basketball takes place December 14-15 at the Arroyo Vista Recreation Center office. Mayor Parvin announced Christmas tree recycling begins December 26 and ends January 2. No flocked trees or trees treated with fire-retardant will be accepted. Remove all tinsel, garlands, tree stands, etc. and place the tree beside your recycling cart. Christmas trees may also be taken to 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 26 and January 8. Moorpark residents may also place extra garbage bags alongside their solid waste carts on the first trash collection day after Christmas. Mayor Parvin announced the City of Moorpark, Moorpark Chamber of Commerce, Visit California, and participating Moorpark restaurants are presenting the first annual "Moorpark Restaurant Week" from January 21-27. Participating restaurants will be offering a fixed cost menu or reduced pricing to encourage patrons to try their entrees. CONSENSUS: It was the consensus of the Council to pull Item 10.G. from the consent calendar upon the request of Councilmember Mikos. 8. PUBLIC HEARINGS: A. Consider a Resolution Approving Conditional Use Permit No. 2012-03 to Allow an Outdoor Recreational Vehicle and Storage Facility at 4875 Spring Road on the Application of Banny Anderson (for Moorpark RV and Storage . (continued from October 17, 2012) Staff Recommendation: 1) 274 Minutes of the City Council/Successor Agency Moorpark, California Page 5 December 5, 2012 Accept public testimony and 2) Continue this item with the public hearing open to January 16, 2013, with no further advertising. Mr. Bobardt stated the applicant has requested a continuance to January 16, 2013. There were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Van Dam moved to continue this item with the public hearing open to January 16, 2013, with no further advertising. The motion carried by unanimous voice vote. B. Consider Ordinance Amending a Development Agreement with A-B Properties for Approximately 34.53 Acres North of the Union Pacific Railroad Right-of-Way West of Gabbert Road. (continued from November 7, 2012) Staff Recommendation: 1) Accept public testimony; and 2) Continue this item with the public hearing open to December 19, 2012, with no further advertising. Mr. Bobardt stated the applicant has requested a continuance to December 19, 2012. There were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Pollock seconded a motion to continue this item with the public hearing open to December 19, 2012, with no further advertising. The motion carried by unanimous voice vote. 9. PRESENTATION/ACTION/DISCUSSION: A. Consider Resolution Amending the Fiscal Year 2012/13 Budget to Fund Mobilehome Rehabilitation Loan. Staff Recommendation: Adopt Resolution No. 2012-3144, appropriating $20,000 from the CalHome Program Reuse Fund (2202) for one mobilehome rehabilitation loan. ROLL CALL VOTE REQUIRED Mr. Moe gave the staff report. There were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2012-3144, appropriating $20,000 from the CalHome Program Reuse Fund (2202) for one mobilehome rehabilitation loan. The motion carried by unanimous roll call vote. 275 Minutes of the City Council/Successor Agency Moorpark, California Page 6 December 5, 2012 B. Consider Playground Equipment Replacement at Poindexter Park, Country Trail Park and Peach Hill Park; and Resolution Amending the Fiscal Year 2012/13 Budget. Staff Recommendation: 1) Defer the replacement of the playground equipment at Poindexter Park in the amount of $115,000 to FY 2013/14, with final approval of the playground equipment design by the Parks and Recreation Commission; 2) Defer the replacement of the playground equipment and American with Disabilities access walkway at Country Trail Park in the amount of $330,000 until the Parks and Facilities Capital Improvement Program has been developed, including an inventory and replacement schedule of all park equipment; 3) Approve the replacement of the playground equipment at Peach Hill Park in FY 2012/13; and 4) Adopt Resolution No. 2012-3145 amending the FY 2012/13 budget to appropriate $48,000 from the General Fund (1000) to the Parks Division (7800) for the replacement of the Peach Hill Park play equipment as described in the agenda report. ROLL CALL VOTE REQUIRED Mr. Laurentowski gave the staff report. There were no speakers. A discussion followed among the Councilmembers and staff concerning the need to incorporate a sand box play area for tots in all parks where possible. MOTION: Councilmember Van Dam moved and Councilmember Pollock seconded a motion to: 1) Defer the replacement of the playground equipment at Poindexter Park in the amount of $115,000 to FY 2013/14, with final approval of the playground equipment design by the Parks and Recreation Commission; 2) Defer the replacement of the playground equipment and American with Disabilities access walkway at Country Trail Park in the amount of $330,000 until the Parks and Facilities Capital Improvement Program has been developed, including an inventory and replacement schedule of all park equipment; 3) Approve the replacement of the playground equipment at Peach Hill Park in FY 2012/13; 4) Adopt Resolution No. 2012-3145 amending the FY 2012/13 budget to appropriate $48,000 from the General Fund (1000) to the Parks Division (7800) for the replacement of the Peach Hill Park play equipment as described in the agenda report; and 5) Directed staff to incorporate sand box play areas for tots in as many parks as feasible. The motion carried by unanimous roll call vote. C. Consider City Council Standing Committee Appointments and Assignments for Calendar Year 2013. Staff Recommendation: Determine City Council committee appointments and assignments. 276 Minutes of the City Council/Successor Agency Moorpark, California Page 7 December 5, 2012 Ms. Benson requested this item be continued to the December 19 meeting to allow staff to consult with the City Attorney to verify compliance with the Fair Political Practices Regulation 18705.5 in regard to Form 806, which is the Agency Report of Public Official Appointments. There were no speakers. MOTION: Mayor Parvin moved and Councilmember Van Dam seconded a motion to continue this item to December 19, 2012. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Councilmember Millhouse moved and Councilmember Van Dam 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 Special City Council Meeting of September 19, 2012. Staff Recommendation: Approve the minutes. B. Consider Minutes of Special City Council Meeting of October 3, 2012. Staff Recommendation: Approve the minutes. C. Consider Minutes of Regular City Council and Successor Agency Meeting of October 3, 2012. Staff Recommendation: Approve the minutes. D. Consider Minutes of Special 6:00 p.m. City Council Meeting of October 10, 2012. Staff Recommendation: Approve the minutes. E. Consider Warrant Register for Fiscal Year 2012/13 — December 5, 2012. Staff Recommendation: Approve the warrant register. F. Consider Cost Recovery Summary Fiscal Year 2011-2012. Staff Recommendation: Receive and file report. H. Consider Update of Annual Investment Policy and Resolution Establishing the City of Moorpark's Investment Policy for Fiscal Year 2012/13 and Rescinding Resolution No. 2011-3046. Staff Recommendation: Adopt Resolution No. 2012-3146. I. Consider Report Titled "Accounting of Fund Information as Required by Section 66006 of the California Government Code for Fiscal Year 2011/2012. Staff Recommendation: Receive and file report. J. Consider Resolution Amending the City of Moorpark Franchise Agreements with G I Industries and Moorpark Rubbish Disposal, for both 277 Minutes of the City Council/Successor Agency Moorpark, California Page 8 December 5, 2012 Residential and Commercial Solid Waste Services, and Authorize the City Manager to Execute the Amendments to the Agreements to Extend Term to June 30, 2013. Staff Recommendation: 1) Adopt Resolution No. 2012- 3147; and 2) Authorize the City Manager to execute the Amendments, subject to final language approval of the City Manager and City Attorney. K. Consider Amendment No 2 to Agreement for Engineering Design Services for North Hills Parkway Phase 2, Project 8061 . Staff Recommendation: Authorize the City Manager to sign Amendment No. 2. L. Consider Additional Funding for Landscape and Irrigation Changes and Amendment No 3 to the Agreement with FYR Landscapina, Inc., dba Pierre Sprinkler and Landscape for the Ruben Castro Human Services Center. Staff Recommendation: Approve additional funding in the amount of $2,916.45 for landscape and irrigation changes requested by the City of Moorpark and authorize the City Manager to execute Amendment No. 3 in the amount of $3,468.00 to FYR Landscaping, Inc., subject to final language approval of the City Manager and City Attorney. ROLL CALL VOTE REQUIRED M. Consider Additional Funding for Structural Steel and Miscellaneous Metals Additions and Revisions and Amendment No. 4 to the Agreement with Steelcon Inc. for the Ruben Castro Human Services Center. Staff Recommendation: Approve additional funding in the amount of $2,490.78 for structural steel and miscellaneous metals and authorize the City Manager to execute Amendment No. 4 in the amount of $2,490.78 to Steelcon, Inc., subject to final language approval of the City Manager and City Attorney. N. Consider Rejection of Claim from: Kristen Anderson. Staff Recommendation: Reject the claim and direct staff to send a standard rejection letter to the claimant. O. Consider Rejection of Claim from: James Christopher Coleman. Staff Recommendation: Reject the claim and direct staff to send a standard rejection letter to the claimant. The following items were pulled for individual consideration. G. Consider Resolution Adopting Revised Rules of Procedure for Council Meetings and Related Functions and Activities and Rescinding Resolution No. 2011-3071. Staff Recommendation: Adopt Resolution No. 2012- 3148. In response to Councilmember Mikos, Ms. Traffenstedt clarified that on stamped page 117 of the agenda report, the intent of paragraph 2 is to 278 Minutes of the City Council/Successor Agency Moorpark, California Page 9 December 5, 2012 provide the Council with the option to hear public comments on a Consent Calendar item that is pulled from the calendar either during Public Comments or when the item is discussed under the Consent Calendar. MOTION: Councilmember Mikos moved and Councilmember Van Dam seconded a motion to adopt Resolution No. 2012, adopting the revised Rules of Procedure for Council meetings and related functions and activities, and rescinding Resolution No. 2011-3017. The motion carried by unanimous voice vote. 11 . ORDINANCES: (ROLL CALL VOTE REQUIRED) None. 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for discussion of four cases under Item 12.13. and Items 12.C, 12.D, and 12.E. on the agenda. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to adjourn to closed session for a discussion of four cases under Item 12.13. and Items 12.C, 12.D, and 12.E. on the agenda. The motion carried by unanimous voice vote. The time was 8:34 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 LABOR NEGOTIATOR (Pursuant to Section 54957.6 of the Government Code) Agency Designated Representative: Steven Kueny Employee Organization: Service Employees International Union, AFL-CIO, CLC, Local 721 D. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Section 54957.6 of the Government Code) Agency Designated Representative: Steven Kueny Unrepresented employees: Accountant I; Active Adult Center Supervisor; Administrative Services Manager; Assistant City Manager; Assistant Engineer; Budget and Finance Manager; City Clerk; City Manager; City Engineer/Public Works Director; Community Development Director; Deputy City Manager; Finance Director; Human Resources Analyst; Landscape/Parks Maintenance Superintendent; Management Analyst; Parks and Landscape Manager; Principal Planner; Public Works Superintendent/Inspector; Recreation Superintendent; Recreation 279 Minutes of the City Council/Successor Agency Moorpark, California Page 10 December 5, 2012 Supervisor; Redevelopment Manager; Senior Information Systems Analyst; and Senior Management Analyst 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; Kevin Ennis, City Attorney; Hugh Riley, Assistant City Manager; Deborah Traffenstedt, Deputy City Manager; and David Bobardt, Community Development Director. Mr. Bobardt left the meeting at 8:47 p.m. The Council reconvened into open session at 8:50 p.m. Mr. Kueny stated only two cases under Item 12.13. and Items 12.C. and 12.D. were discussed and there was no action to report. 13. ADJOURNMENT: Mayor Parvin adjourned the meeting at 8:50 p.m. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk 280