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-- -_ -_- -MINUTES OF THE CITY COUNCIL
r September 1, 2010
A Regular Meeting of the City Council of the City of Moorpark was held on September 1,
2010, 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 7:25 p.m.
2. PLEDGE OF ALLEGIANCE:
David Klotzle, Interim City Engineer /Public Works Director, led the Pledge of
Allegiance.
3. ROLL CALL:
Present: Councilmembers Mikos, Milihouse, Pollock, Van Dam, and
Mayor Parvin.
Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney;
Hugh Riley, Assistant City Manager; David Bobardt,
Community Development Director; Ron Ahlers, Finance
Director; David Klotzle, Interim City Engineer /Public Works
Director; Allen Walter, Landscape /Parks Maintenance
Superintendent; John Brand, Senior Management Analyst;
Captain Ron Nelson, Sheriff's Department; Deborah
Traffenstedt, Administrative Services Director /City Clerk; and
Maureen Benson, Assistant City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Moorpark Friends of the Library Presentation to the City of Moorpark.
Mayor Parvin accepted a check in the amount of $6,000 for the Moorpark
Library from the Friends of the Library.
B. Proclamation Declaring October 3 -9, 2010, as Mental Illness Awareness
Week.
Sonna Gray, Board Member of the National Alliance on Mental Illness
(NAMI) was unable to attend to receive a proclamation declaring October
3 -9, 2010 as Mental Illness Awareness Week.
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5. PUBLIC COMMENT:
Victor Kamhi, Director of Transit for the Ventura County Transportation
Commission, announced on September 10, 2010 a public hearing will be held at
Camarillo City Hall regarding a proposed fare increase for Vista bus service,
which will go into effect in November 2010.
Rudy Gonzales, Southern California Edison Public Affairs Manager, introduced
ways for small businesses to lower electricity usage and stated a company called
CRI will be contacting small businesses by letter to schedule an energy audit and
make recommendations for more efficient energy usage.
AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the
Moorpark Redevelopment Agency. The time was 7:36 p.m. The City Council meeting
reconvened at 7:37 p.m.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
CONSENSUS: It was the consensus of the Council to pull Item 10.N. from the Consent
Calendar for individual consideration upon the request of Councilmember Millhouse.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS /CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
Councilmember Mikos reported, today, she had attended an Executive
Committee meeting of the Economic Development Collaborative of Ventura
County.
Councilmember Mikos reported she had attended a meeting of the Santa Monica
Mountains Conservancy on August 30, 2010.
Councilmember Van Dam stated he had attended a special preview of Evita at
the High Street Arts Center.
Councilmember Van Dam stated he was wearing green in honor of his son's
eighth week in boot camp for the United States Marine Corps.
Mayor Parvin announced the American
Fashioned Barn Dance at Pete Peters'
support both active and reserve military.
Legion Post 502 is hosting a Good Old
ranch in Moorpark on September 18 to
Mayor Parvin announced the Boys and Girls Club of Moorpark will host their
annual golf tournament on September 20 at the Moorpark Country Club.
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Mayor Parvin announced Country Days Parade on High Street will take place on
October 2.
Mayor Parvin announced the Moorpark Rotary Club Morning will sponsor a beer
tasting and local eateries event on October 1 on High Street.
Mayor Parvin announced the Moorpark Rotary Clubs have teamed up to create a
5K/1 OK and 1 -mile run for families on October 3.
Mayor Parvin thanked Barbara Liley and her team for their efforts in making the
American Cancer Society Relay for Life fundraiser a success on August 14 -15 at
Moorpark High School.
Mayor Parvin announced she had given an update on the State of the City at a
Rotary Club Morning meeting.
Mayor Parvin stated she had attended a Senior Forum at the Active Adult Center
on August 19.
Mayor Parvin stated she had attended an Economic Development meeting at the
Moorpark Chamber of Commerce.
Mayor Parvin toured the Senior Concerns facility in Thousand Oaks.
Mayor Parvin announced she had attended an outdoor movie at Poindexter
Skate Park and observed a skating competition.
Mayor Parvin stated there will be an Arroyo cleanup September 25 at Villa
Campesina Park.
Councilmember Mikos stated the Active Adult Center loans out a variety of health
related equipment such as a walker, which came in handy during her 91 -year old
mother's visit.
8. PUBLIC HEARINGS:
A. Consider a Resolution Declaring the Private Roads within Tract 5425,
Subiect to the Provisions of the California Vehicle Code (CVC). Staff
Recommendation: 1) Open the public hearing, accept public testimony,
and close the public hearing; and 2) Adopt Resolution No. 2010 -2948.
Mr. Klotzle gave the staff report.
Mayor Parvin opened the public hearing.
There were no speakers.
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Mayor Parvin closed the public hearing.
MOTION: Councilmember Mikos moved and Councilmember Van Dam
seconded a motion to adopt Resolution No. 2010 -2948 declaring the private
roads within Tract 5425 subject to the provisions of the California Vehicle Code.
The motion carried by unanimous voice vote.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Scheduling a Special City Council Meeting for October 13, 2010
to Review Proposed Revisions to the Campus Master Plan and Building
Site Design Concept for New Civic Center and City Hall. Staff
Recommendation: Schedule special meeting for City Council workshop
on Wednesday, October 13, 2010 at 6:30 p.m. in the Apricot Room.
Mr. Riley gave the staff report.
There were no speakers.
CONSENSUS: It was the consensus of the Council to schedule a special
meeting of the City Council for a workshop on Wednesday, October 13, 2010, at
6:30 p.m. in the Apricot Room to review proposed revisions to the Campus
Master Plan and Building Site Design Concept for the new Civic Center and City
Hall.
B. Consider Resolution Supporting Proposition 21: The State Parks and
Wildlife Conservation Trust Fund Act of 2010. Staff Recommendation:
Direct staff as deemed appropriate
Mr. Brand gave the staff report.
There were no speakers.
A discussion followed among the Councilmembers concerning the
following: 1) Lack of a nexus between the City and state parks; 2) Worthy
cause, but this is budgeting by use of the ballot box; 3) Residents do use
state parks and the State of California is threatening to close state parks;
and 4) There is no guarantee the State of California can be trusted to use
these funds for the parks.
The majority of the Council determined not to take any action on this item.
C. Consider Vacancy on Parks and Recreation Commission. Staff
Recommendation: Determine recruitment to fill the vacancy not be
pursued at this time due to the length of the remaining term of office.
Ms. Traffenstedt gave the staff report.
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There were no speakers.
MOTION: Councilmember Millhouse moved and Councilmember Van Dam
seconded a motion to not pursue recruitment to fill a vacancy on the Parks and
Recreation Commission due to the length of time remaining in the term of office.
The motion carried by unanimous voice vote.
D. Consider Cancellation of September 15, 2010 Regular Meeting. Staff
Recommendation: Direct staff to post a notice of meeting cancellation for
September 15, 2010.
Ms. Traffenstedt gave the staff report.
There were no speakers.
MOTION: Councilmember Millhouse moved and Mayor Parvin seconded a
motion to direct staff to post a notice of meeting cancellation for September 15,
2010. The motion carried by unanimous voice vote.
E. Consider Reiection of Lowest Bidder, MACCOR Construction, and
Approve Selection and Award of Contract to Second Lowest Bidder,
Bottenfield Construction, for Glenwood Park Restroom Construction. Staff
Recommendation: Reject the bid of MACCOR Construction as non-
responsive on the licensing and reference requirements, award the
contract to the next lowest qualified bidder, Bottenfield Construction, and
authorize the City Manager to execute an Agreement with Bottenfield
Construction for the Glenwood Park Restroom construction, subject to
final language approval by the City Manager and City Attorney.
Mr. Walter gave the staff report.
There were no speakers.
MOTION: Councilmember Pollock moved and Councilmember Van Dam
seconded a motion to Reject the bid of MACCOR Construction as non-
responsive on the licensing and reference requirements, award the contract to
the next lowest qualified bidder, Bottenfield Construction, and authorize the City
Manager to execute an Agreement with Bottenfield Construction for the
Glenwood Park Restroom construction, 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 Pollock moved and Councilmember Millhouse seconded a
motion to approve the Consent Calendar with the exception of Item 10. N, which was
pulled for individual consideration. The motion carried by unanimous roll call vote.
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A. Consider Minutes of Regular Meeting_ of July 7, 2010. Staff
Recommendation: Approve the minutes.
B. Consider Minutes of Regular Meeting of July 21, 2010. Staff
Recommendation: Approve the minutes.
C. Consider Warrant Register for Fiscal Year 2009 -2010 — September 1,
2010. Staff Recommendation: Approve the warrant register.
D. Consider Warrant Register for Fiscal Year 2010 -2011 — September 1,
2010. Staff Recommendation: Approve the warrant register.
E. Consider Resolution Amending Fiscal Year 2010/11 Budget to Increase
Appropriations for Fiscal Year 2009/10 Purchase Order Carry Over. Staff
Recommendation: Adopt Resolution No. 2010 -2949. ROLL CALL VOTE
REQUIRED
F. Consider Authorization of Recordation of the Notice of Completion for the
Communitv Center and Arrovo Vista Recreation Center Roofina Proiect.
Staff Recommendation: Authorize the City Clerk to file the Notice of
Completion for the project, and authorize the release of the Payment Bond
No. SU1103731 and Performance Bond No. SU1103731 outlined in the
agenda report
G. Consider ReDlacina the Acoustical Ceilina Tile in the Community Center's
Apricot Room and Resolution Amendina the Fiscal Year 2010/11 Budaet
to Fund the Protect. Staff Recommendation: 1) Approve the replacement
of the ceiling tiles; and 2) Adopt Resolution No. 2010 -2950, to appropriate
$8,374 from the General Fund (1000) to the Facilities Division (7620) for
the Community Facilities. ROLL CALL VOTE REQUIRED
H. Consider Exoneration of Suretv Bonds for HFR Investments I, LLC (CPD
2005-03). Staff Recommendation: Authorize the City Clerk to fully
exonerate the Grading and Improvements Bond No. 733050S and Public
Improvements Performance and Payment Bond No. 733049S for HFR
Investments LLC.
Consider Award of Aareement to CUSA. CC. LLC. to Provide Dial -A -Ride
Paratransit Services. Staff Recommendation: 1) Approve the selection of
CUSA, CC, LLC. for Dial -A -Ride Paratransit services for the City of
Moorpark; and 2) Authorize the City Manager to sign the Agreement,
subject to final language approval by the City Manager and City Attorney.
J. Consider Resolution Amending the Fiscal Year 2010/11 Budget to Fund
the Procurement and Installation of a Speed Advisory Sign on Northbound
Spring Road. Staff Recommendation: Adopt Resolution No. 2010 -2951.
ROLL CALL VOTE REQUIRED
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K. Consider the 2009 AB 939 Annual Report. Staff Recommendation:
Receive and file the report.
L. Consider a First Amendment to the Agreement with Mercury Disposal
Systems. Inc. for Collection of Household Batteries and Residential
Fluorescent Lights. Staff Recommendation: Approve Amendment No. 1
between the City of Moorpark and Mercury Disposal Systems, Inc. subject
to final approval by the City Manager and the City Attorney, and authorize
the City Manager to sign the Amendment.
M. Consider Agreement with BJ Palmer and Associates, Inc. for Analysis of
the Relocation and /or Rerouting of Electrical Utility Facilities for the Civic
Center and Resolution Amending the Fiscal Year 2010/11 Budget in the
amount of $11,720 to Fund the Project. Staff Recommendation: 1)
Approve Agreement with BJ Palmer and Associates, Inc; and 2) Adopt
Resolution No. 2010 -2952. ROLL CALL VOTE REQUIRED
O. Consider Request from Roam'N Relics Car Club to Hold Car Show on
October 24, 2010, from 8 a.m. to 3 p.m. on High Street and to Pay
Reduced City Fees for the Event. Staff Recommendation: 1) Charge
Club the contract billing rate for police services charged by the County of
Ventura, and charge Club the direct cost of other staff to plan the event; 2)
Require Club to pay an encroachment permit fee ($150) and a temporary
use permit fee ($390) and reimburse the City for staff costs at the
approved rates; 3) Direct staff to obtain the appropriate Caltrans permit;
and 4) Require Club to provide the City with an indemnification agreement
and name the City and Agency as additional insureds in the Club's
insurance policy.
P. Consider Resolution Directing the Planning Commission to Studv. Hold a
Public Hearing and Provide a Recommendation on Amendments to
Chapters 17.20 (Uses by Zone) of the Zoning Ordinance to Add
Emergency Shelters, Transitional and Supportive Housing to the Allowed
Uses. Staff Recommendation: Adopt Resolution No. 2010 -2954.
Q. Consider Report of Annual Development Agreement Review, Established
in Connection with Canyon Crest Ranch Partners - Moorpark, LLC
(Birdsall), Located on Approximately 42.4 Acres East of Walnut Canyon
Road at Championship Drive (Tentative Tract Map 5437), on the
Application of Canyon Crest Ranch Partners - Moorpark, LLC (Birdsall).
Staff Recommendation: 1) Accept the Community Development Director's
report and recommendation, on the basis of substantial evidence, that
Canyon Crest Ranch Partners - Moorpark, LLC (Birdsall), has complied in
good faith with the terms and conditions of the agreement; and 2) Deem
the annual review process complete.
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R. Consider Amendment to Agreement for Professional Services with
Parsons Transportation Group for Preliminary Engineering, Environmental
Analysis, Design, and Right -of -Way Activities for the Installation of
Soundwalls on State Route -23 and Resolution Amending the Fiscal Year
2010/2011 Budget to Fund Additional Professional Services. Staff
Recommendation: 1) Adopt Resolution No. 2010 -2955 approving a
budget amendment for up to $40,000.00; and 2) Authorize the City
Manager to amend the agreement with Parsons Transportation Group for
preliminary engineering, environmental analysis, design, and right -of -way
activities for the soundwalls on SR -23 for an additional one (1) year period
and for a new total amount not to exceed $294,416.56, subject to final
language approval by the City Manager and City Attorney. ROLL CALL
VOTE REQUIRED
S. Consider Resolution Amending Classification Plan and Rescindinq
Resolution No. 2009 -2879. Staff Recommendation: Adopt Resolution No.
2010 -2956, rescinding Resolution No. 2009 -2879.
T. Consider ReLection of Claim from: Nicholas Sarrocco. Staff
Recommendation: Reject the claim and direct staff to send a standard
rejection letter to the claimant.
U. Consider Waiving Fees for Use of Council Chambers and Cost for Reelife
Pictures to Broadcast the Board of Supervisors' Meeting Scheduled for
October 19, 2010. Staff Recommendation: Direct staff to waive any fees
and cost to broadcast the Board of Supervisors' meeting on October 19,
2010.
The following item was pulled for individual consideration.
N. Consider Resolution Supporting Proposition 22 —the Local Taxpayer,
Public Safetv. and Transportation Protection Act of 2010. Staff
Recommendation: Adopt Resolution No. 2010 -2953; and 2) Direct staff to
forward copies of this resolution to the League of California Cities and the
campaign offices.
Councilmember Millhouse stated he had this item pulled to delete the
direction from Section 4 on stamped page 267 of the agenda report to
send a copy of the resolution to campaign headquarters as he feels the
City should not use public resources to advance this proposition in the
community.
MOTION: Councilmember Millhouse moved and Mayor Parvin seconded a
motion to adopt Resolution No. 2010 -2953, as amended to delete Section 4. of
the resolution. The motion carried by unanimous voice vote.
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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
one case under Item 12.13. and Items 12.C, 12.D, 12.11, 121, 12.G, 12.1-1, and
12.1. on the agenda.
MOTION: Councilmember Mikos moved and Mayor Parvin seconded a motion to
adjourn to closed session for a discussion of one case under Item 12.13. and Items
12.C., 12.D., 12.E., 12.F., 12.G., 12.H., and 12.1. on the agenda. The motion carried by
unanimous voice vote. The time was 8:08 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 506 -0- 020 -120, 240 Los Angeles Avenue
City Negotiator: Steven Kueny, City Manager
Negotiation Parties: The City of Moorpark and T.G. Conner
Under Negotiation: Price and Terms of Sale
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 506 -0- 020 -060, 148 Los Angeles Avenue
City Negotiator: Steven Kueny, City Manager
Negotiation Parties: The City of Moorpark and Arturo Montes- Figueroa
Under Negotiation: Price and Terms of Sale
E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956 -8)
Property: APN 512 -0- 111 -310 and 512 -0- 111 -320, 20 Moorpark Avenue
and 50 Moorpark Avenue
City Negotiator: Steven Kueny, City Manager
Negotiation Parties: The City of Moorpark and Alladin Premji
Under Negotiation: Price and Terms of Sale
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F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956 -8)
Property: APN 512 -0- 220 -185, 800 Hedyland Court
City Negotiator: Steven Kueny, City Manager
Negotiation Parties: The City of Moorpark and Howell and Christine
Agnew
Under Negotiation: Price and Terms of Sale
G. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956 -8)
Property: APN 512 -0- 160 -170, 13853 Princeton Avenue
City Negotiator: Steven Kueny, City Manager
Negotiation Parties: The City of Moorpark and Clifford and Christine May
Under Negotiation: Price and Terms of Sale
H. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956 -8)
Property: APN 512 -0- 160 -300, 13931 Princeton Avenue
City Negotiator: Steven Kueny, City Manager
Negotiation Parties: The City of Moorpark and Chaidez Trust
Under Negotiation: Price and Terms of Sale
I. 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; Finance Director; and Parks
and Recreation Director
The Council reconvened into closed session at 8:21 p.m.
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; David Moe, Redevelopment Manager; and Deborah
Traffenstedt, Administrative Services Director /City Clerk.
Mr. Bobardt and Mr. Moe left the meeting at 8:43 p.m. Mr. Montes left the
meeting at 9:02 p.m.
The Council reconvened into open session at 9:25 p.m. Mr. Kueny stated one
case under Item 12.6. and Items 12.C, 12.D, 12.E, 12.F, 12.G, 12.1-1, and 12.1.
were discussed and there was no action to report.
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13. ADJOURNMENT:
Mayor Parvin adjourned the meeting at 9:25 p.m.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, Assistant City Clerk
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