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MINUTES OF THE CITY COUNCIL
Moorpark, i ornia J December 1, 2010
A Regular Meeting of the City Council of the City of Moorpark was held on December 1,
2010, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark,
California.
CALL TO ORDER:
Mayor Parvin called the meeting to order at 7:15 p.m.
2. PLEDGE OF ALLEGIANCE:
Peter Foy, County of Ventura 4th District Supervisor, led the Pledge of
Allegiance.
3. ROLL CALL:
Present: Councilmembers Mikos, Millhouse, Van Dam, and Mayor
Parvin.
Absent: Councilmember Pollock.
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; Ron Ahlers, Finance Director; David
Klotzle, Interim City Engineer /Public Works Director; Jennifer
Mellon, Administrative Services Manager; Teri Davis, Senior
Management Analyst, Joseph Vacca, Principal Planner:
Captain Ron Nelson, Sheriff's Department: and Maureen
Benson, City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Consider Citv Council Resolution Reciting the Fact of the General
Municipal Election Held on November 2, 2010, and Declaring the Election
Results and Such Other Matters as Required by Law. Staff
Recommendation: Adopt Resolution No. 2010 -2975 (as revised to
incorporate the certified election results).
Ms. Benson gave the staff report and provided the results as received on
December 1, 2010. from the County Elections Division.
There were no speakers.
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MOTION: Mayor Parvin moved and Councilmember Van Dam seconded a
motion to adopt Resolution No. 2010 -2975, as revised to incorporate the certified
election results. The motion carried by voice vote, 4 -0, Councilmember Pollock
absent.
B. City Clerk Administers Oath of Office to Councilmember David Pollock.
CONSENSUS: It was the consensus of the Council to continue this item to
December 15, 2010, due to the absence of Councilmember Pollock.
C. City Clerk Administers Oath of Office to Councilmember Mark Van Dam.
Ms. Benson administered the oath of office to Councilmember Mark Van
Dam.
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 Van Dam thanked the voters and stated he looks forward
to serving Moorpark for another four years.
Mayor Parvin thanked the community and family for their support and
stated she looks forward to serving the next two years.
F. Nomination and Selection of Mayor Pro Tempore.
CONSENSUS: It was the consensus of the Council to continue this item to
December 15, 2010 to allow Councilmember Pollock to participate.
AT THIS POINT in the meeting, the Council recessed for a reception. The time was
7:22 p.m. The City Council meeting reconvened at 7:39 p.m. with Councilmembers
Mikos, Millhouse, Van Dam, and Mayor Parvin present.
5. PUBLIC COMMENT:
Richard Myles, a victim of the 2008 Metrolink crash spoke in regard to Item 10.H.
on the agenda. He requested Council adopt a resolution in support of House of
Representative Bill No. 6150 rather than send a letter of support to Congressman
Elton Gallegly.
Lisa Leal, a Moorpark resident, identified a pot hole at the corner of Moorpark
and Los Angeles Avenues and the need for improved night lighting along
Moorpark Avenue between Second and Third Streets at the pedestrian crossing.
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Peter Foy, Ventura County Supervisor, representing the 4th District,
congratulated Mayor Parvin and Councilmember Van Dam on their re- election
and thanked the Council for its dedicated service to the City of Moorpark.
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 Mikos announced she had attended a meeting today, of the
Executive Committee of the Economic Collaborative of Ventura County where
brochures promoting local Ventura County business were introduced.
Councilmember Mikos announced she also attended the Moorpark Chamber of
Commerce's Government Relations /Economic Development Committee meeting
today, where she shared the Economic Collaborative of Ventura County's
brochure.
Councilmember Van Dam announced the Moorpark High School Band, is
conducting their annual fundraiser to support the music program, by selling
Christmas trees in the Staples parking lot.
8. PUBLIC HEARINGS:
None.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Resolutions Adjusting Solid Waste Collection Fees and Consider
Resolutions Amending the City of Moorpark Franchise Agreements with
G.I. Industries and Moorpark Rubbish, and Authorize the City Manager to
Execute the Amendments to the Agreements. Staff Recommendation: 1)
Adopt Resolution No. 2010 -2976, updating the Solid Waste Collection
Service Fee Schedule and rescinding Resolution No. 2009 -2873; 2) Adopt
Resolution No. 2010 -2977, amending the Residential Franchise
Agreement with G.I. Industries: 3) Adopt Resolution No. 2010 -2978,
amending the Residential Franchise Agreement with Moorpark Rubbish
Disposal; 4) Adopt Resolution No. 2010 -2979, amending the Commercial
Franchise Agreement with G.I. Industries; 5) Adopt Resolution No. 2010-
2980, amending the Commercial Franchise Agreement with Moorpark
Rubbish Disposal; and 6) Authorize the City Manager to execute the
amendments to the Agreements, subject to final language approval of the
City Manager and City Attorney. ROLL CALL VOTE REQUIRED
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Ms. Mellon gave the staff report.
There were no speakers.
MOTION: Councilmember Mikos moved and Councilmember Van Dam
seconded a motion to: 1) Adopt Resolution No. 2010 -2976, updating the Solid
Waste Collection Service Fee Schedule and rescinding Resolution No. 2009-
2873; 2) Adopt Resolution No. 2010 -2977, amending the Residential Franchise
Agreement with G.I. Industries; 3) Adopt Resolution No. 2010 -2978, amending
the Residential Franchise Agreement with Moorpark Rubbish Disposal; 4) Adopt
Resolution No. 2010 -2979 amending the Commercial Franchise Agreement with
G.I. Industries; 5) Adopt Resolution No. 2010 -2980, amending the Commercial
Franchise Agreement with Moorpark Rubbish Disposal; and 6) Authorize the City
Manager to execute the amendments to the Agreements, subject to final
language approval of the City Manager and City Attorney. The motion carried by
roll call vote, 4 -0.
B. Consider Proposed Water Rate Increase Being Considered by the
Ventura County Waterworks District Board of Directors. Staff
Recommendation: Direct staff as deemed appropriate.
Ms. Davis gave the staff report and introduced Reddy Pakala, Director of
the Water and Sanitation Department for the County of Ventura, 1000 S.
Hill Road, Suite 100, Ventura, California, who gave a presentation
documenting water usage and the proposed water rate increase being
considered by the Board of Directors of the Ventura County Waterworks
District.
David Schwabauer, a Moorpark resident, farmer, and a member of the
Advisory Committee of Water Works District 1, described the challenges
of obtaining water for this desert called California and the reality of water
infrastructures that have reached their maximum life span.
John Weymouth, a Moorpark resident, spoke in opposition to raising the
water rates for residents who have no choice in the matter.
In response to Mr. Kueny's request, Mr. Foy responded to Mr. Pakala's
presentation. Mr. Foy stated the situation for the Board is very hard: the
lack of water is a devastating issue to California where 80% of the
population resides in the south while 80% of the water is in the north.
A discussion followed among the Councilmembers, Mr. Pakala, and staff
regarding: 1) The exhaustion of the Water District's Reserve Fund; 2)
Other sources for water including brine line and reclaimed water; and 3)
the Water District's future billing system that will allow targeting
opportunities for conservation from targeted rate payers.
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CONSENSUS: It was the consensus of the Council to submit a water rate
increase protest letter to the Ventura County Waterworks District Board of
Directors.
C. Consider an Uadate on the Simi Vallev Landfill and Recvclina Center
Expansion Project, Located on the Waste Management Property in the
County of Ventura, Adiacent to the City of Simi Valley's Western City
Boundary. Staff Recommendation: Direct staff as deemed appropriate.
Mr. Vacca gave the staff report and introduced Michael Smith, General
Manager and Scott Tignac, District Manager of the Simi Valley Waste
Management facility, 2801 Madera Road, Simi Valley, California as
available for questions.
In response to Council questions concerning this preliminary
Environmental Impact Report (EIR), Mikos, Mr. Scott explained the
discrepancy in the agenda report concerning reducing and increasing
recycling at the same time: described a proposed material recovery facility
for the landfill expansion: described other new proposed technologies to
create liquid natural gas and electricity from waste: described the process
of tracking waste coming into the landfill from various locations in the
state: and the need to include consideration of open space in the final EIR
being prepared by the County.
Charles Blaugrund, architect, Moorpark resident, and member of the Simi
Valley Landfill Expansion Task Force, an independent community group
not affiliated with the City of Simi Valley, stated the mission of the task
force is to keep the community informed about the landfill and recycling
center expansion. He presented facts the task force has discovered and
offered alternatives to the expansion.
Alice Sterling, a Simi Valley resident, member of the Simi Valley Landfill
Expansion Task Force, and Urban Planner focusing on sustainability,
stated waste is still being processed with out -of -date technology when it
should be reused or recycled into energy without going into the land, using
21 st Century technology.
Louis Pandolfi, a member of the Simi Valley Landfill Expansion Task
Force, stated the impacts of the expansion are tremendous and requested
the Council set up committee to work with the community, Waste
Management, and the Task Force in regard to reviewing the 3.000 page
Environmental Impact Report, tracking the application, and requesting use
of new technology.
Mike Smith stated new technology is being purchased by Waste
Management, but it is not allowed to operate in California due to
environmental restrictions; the County of Ventura is preparing the EIR not
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Waste Management and they did not include traffic impacts to Moorpark;
and they are working with the Task Force and available to discuss all
concerns.
Councilmember Mikos stated her concern regarding the lack of
paleontological mitigation measures in the document.
CONSENSUS: It was the consensus of the Council to remove this item from the
agenda calendar to be rescheduled when the Final Draft Environmental Impact
Report from the County of Ventura is available for comment.
D. Consider Resolution Rescinding Resolution No. 2010 -2923 and
Establishing a New Bail Schedule for Violations of the Moorpark Municipal
Traffic Code. Which Apply to Vehicle Parkino Violations. Staff
Recommendation: Adopt Resolution No. 2010 -2981, rescinding
Resolution No. 2010 -2923. ROLL CALL VOTE REQUIRED
Mr. Ahlers gave the staff report.
There were no speakers.
MOTION: Councilmember Millhouse moved and Councilmember Mikos
seconded a motion to adopt Resolution No. 2010 -2981, rescinding Resolution
No. 2010 -2923 and establishing a new bail schedule for violations of the
Moorpark Municipal Traffic Code, which apply to vehicle parking violations. The
motion carried by roll call vote, 4 -0.
E. Consider Purchase and Sale Agreement for APN 519 - 210 -055 and
Resolution Amending the Fiscal Year 2010/11 Budget to Appropriate
$60,000 from the Endowment Fund (2800). Staff Recommendation: 1)
Approve the Purchase and Sale Agreement and authorize the Mayor to
sign the agreement, subject to final language approval by the City
Manager and City Attorney; and 2) Adopt Resolution No. 2010 -2982,
amending the FY 2010/11 Budget to appropriate $60,000 from the
Endowment Fund to fund the escrow deposit, environmental investigation,
and legal costs. ROLL CALL VOTE REQUIRED
Mr. Kueny gave the staff report.
There were no speakers
MOTION: Councilmember Van Dam moved and Councilmember Millhouse
seconded a motion to: 1) Approve the Purchase and Sale Agreement and
authorize the Mayor to sign the agreement, subject to final language approval by
the City Manager and City Attorney; and 2) Adopt Resolution No. 2010 -2982.
amending the FY 2010/11 Budget to appropriate $60,000 from the Endowment
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Fund to fund the escrow deposit, environmental investigation, and legal costs.
The motion carried by roll call vote, 4 -0.
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Van Dam moved and Councilmember Mikos seconded a
motion to approve the Consent Calendar with Councilmember Millhouse abstaining from
the vote on Item 10.H. The motion carried by roll call vote. 4 -0.
A. Consider Minutes of Regular Meeting of October 20, 2010. Staff
Recommendation: Approve the minutes.
B. Consider Minutes of Regular Meeting of November 3, 2010. Staff
Recommendation: Approve the minutes.
C. Consider Minutes of Special Meeting of November 17, 2010. Staff
Recommendation: Approve the minutes.
D. Consider Warrant Register for Fiscal Year 2010 -2011 — December 1,
2010. Staff Recommendation: Approve the warrant register.
E. Consider Authorization of Recordation of the Notice of Completion for New
Playground Equipment at Arroyo Vista Community Park, College View
Park, Peach Hill Park, and Magnolia Park: and Authorize the Release of
Proiect Bonds. Staff Recommendation: Authorize the City Clerk to file the
Notice of Completion for the project and authorize the release of project
bonds as outlined in the agenda report.
F. Consider Report of 2010 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 -7) and
KB Home (PA 809). 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 2010 annual
review process complete.
G. Consider Resolution Authorizing the City's Fiscal Year 2010/11
Transportation Development Act Claim. Staff Recommendation: Adopt
Resolution No. 2010 -2983.
H. Consider Request from Richard Myles Regarding Support for House of
Representative Bill 6150 Amend incLLimitations on Liabilitv for Certain Rail
Accidents. Staff Recommendation: Authorize the Mayor to send a letter
to Congressman Elton Gallegly supporting a change to the liability limits
contained in Title 49 United States Code Section 28103 so long as they
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apply to Southern California Regional Rail Authority only after enactment
of such change.
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
None.
12. CLOSED SESSION:
None was held.
13. ADJOURNMENT:
Mayor Parvin adjourned the meeting at 9:43 p.m.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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