HomeMy WebLinkAboutAGENDA REPORT 2009 0617 CC REG ITEM 10ACITY OF MOORPARK, CALIFORNIA
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MINUTES OF THE CITY COUNCIL
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A Regular Meeting of the City Council of the City of Moorpark was held on May 20,
2009, 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 7:17 p.m.
2. PLEDGE OF ALLEGIANCE:
David Pollock, Moorpark Unified School District Board Member and
Councilmember- elect, led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Mikos, Millhouse, Van Dam, and Mayor
Parvin.
Staff Present: Steven Kueny, City Manager; Hugh Riley, Assistant City
Manager; Mary Lindley, Parks /Recreation and Community
Services Director; David Bobardt, Planning Director; Ron
Ahlers, Finance Director; David Klotzle, Assistant City
Engineer; David Moe, Redevelopment Manager; Teri Davis,
Senior Management Analyst; Shaun Kroes, Senior
Management Analyst; Richard Lemmo, Recreation Leader;
Captain Ron Nelson, Sheriff's Department; Deborah
Traffenstedt, Administrative Services Director /City Clerk; and
Maureen Benson, Assistant City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Presentation of City Plaque to Mrs. Dawn Lowenberg in Recognition of
Councilmember Gary Lowenberg's Service to the City of Moorpark.
Mayor Parvin presented Mrs. Lowenberg with the City's tile plaque in
recognition of Councilmember Gary Lowenberg's service to the City of
Moorpark.
B. Recognition of Outgoing Teen Council Members.
Mayor Parvin and Richard Lemmo, Recreation Leader, presented the
outgoing Teen Council Members Katie Aamoth, Nadia Barakat, Christina
Chambliss, Alyssa Dersahagian, Sarah Farello, Lace Granatelli, Katie
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O'Tousa, Tyler Peterson, Amanda Schaible, and Trevor Sherman with
certificates of recognition for their service during 2008/2009.
5. PUBLIC COMMENT:
Bruce Thomas, President of the Moorpark Rotary Club, presented the City with
two checks totally $500 in support of summer youth scholarships and $1,000 for
a senior Life Line. He also complimented to work of the Friends of the Library.
Mayor Parvin announced James Hoagland and Walter Gause of the 2008 -2009
Ventura County Grand Jury are present in the audience.
Patrick Ellis, President of the Moorpark Chamber of Commerce, 18 E. High
Street, announced the Chamber's annual Moorpark Community awards will be
held on the 21 st of May, at the Moorpark Country Club, to honor Larry Jones as
Educator of the Year; The Haircut Place, as Entrepreneur of the Year; Manny
Asadurian with the Legend Award; Gary Lowenberg as Man of the Year;
Moorpark Athletic Club & Cinema 3 as Member of Year; Women's' Fortnightly
Club as Non- Profit/Service Organization of the Year; Fire Captain Bill
Breuklander as Public Servant of the Year; Joe Lopez as Senior of the Year;
Bruce Thomas as Volunteer of the Year; Lisa Leal as Woman of the Year; and
Brandon Rokos, Patrick Stewart, Sena Sadeghi, Chris Ponciano, Juan Rosales,
all tied for Youth of the Year.
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 7:32 p.m. The City
Council meeting reconvened at 9:11 p.m.
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 ceremony at Fresh and
Easy, honoring Mountain Meadows School for raising the most money for their
school in the western region of the United States.
Councilmember Millhouse, as Chair of the Metrolink Board, reported that the
Board has awarded a contract for installation of inward - facing cameras in all
locomotive cabs.
Councilmember Millhouse stated departed Councilmember Gary Lowenberg
would be proud to see candidate - elect, David Pollock as the new Councilmember
for the City of Moorpark.
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Councilmember Van Dam announced the Moorpark High School Grand Finale
Concert will be held May 21 st and will honor their outgoing band director who is
moving to Colorado.
Councilmember Van Dam announced Kiwanis is selling "Wine and Moonlight"
tickets to benefit Moorpark Youth. The event will be held at Secret Garden on
High Street on Sunday, May 31 st.
Mayor Parvin stated she had attended the dedication ceremony of the Moorpark
Veteran's Memorial on Saturday, May 16th, and wanted to thank staff, the Arts
Commission, and Veterans for their efforts to create this beautifully designed site.
Mayor Parvin announces she had attended a Ventura Council of Governments
VCOG) meeting on May 14th where potential fiscal impacts were discussed if
Measure 1 A should fail on the ballot for May 19th, which it has. She stated the
California League of Cities projects Moorpark stands to lose approximately
$585,000 to the State of California.
Mayor Parvin announced VCOG is working with the Ventura County
Transportation Commission (VCTC) and Ventura County Civic Alliance on a
county project with SB375 implementation and they are looking for east county
representation. Councilmembers Millhouse and Mikos expressed interest. Mayor
Parvin asked staff to research this matter and provide information to Council.
Mayor Parvin stated she had attended a Local Agency Formation Commission
meeting where the focus was on water issues.
Mayor Parvin announced the Moorpark City Library Free Brown Bag Lunch
Seminar will be held Tuesday, June 2nd, where the information seminar "Why
Twitter ?" will answer questions about social networking, such as, "Should I be on
Facebook? Myspace? Should I Twitter ?" Bring your lunch and learn about these
services and why you should, or should not, use them for your career or personal
life or find out what your children are doing.
Councilmember Van Dam announced the Memorial Day event on Monday will
include a flag lowering ceremony at the original Veteran's Memorial site at the
corner of Los Angeles and Moorpark Avenues near the Grinder restaurant at and
a memorial service will be held at the new site across from the Moorpark Police
Station at the corner of Spring Road and Flinn Avenue.
8. PUBLIC HEARINGS:
None.
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9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Amendment No. 1 to Architectural Agreement with HMC
Architects for Additional Design Fees for the Ruben Castro Human
Services Center. Staff Recommendation: Approve Amendment No. 1 to
professional services agreement with HMC Architects to increase the
amount of their Agreement from $754,569.00 to $1,136,681.00, and
authorize the City Manager to execute said amendment, subject to final
language approval by the City Manager and City Attorney.
Mr. Riley gave the staff report.
There were no speakers.
The following issues that affect the staff recommendation or give direction
to staff were discussed by the Councilmembers and staff: 1) Return to
Council for reevaluation, if tenants are not forthcoming; 2) Consider
designing a cell tower within the structure for future revenue generation;
and 3) Perception that additional funding is being requested after the work
on the design has been already been completed.
MOTION: Councilmember Van Dam moved and Councilmember Mikos
seconded a motion to approve Amendment No. 1 to professional services
agreement with HMC Architects to increase the amount of their Agreement from
$754,569.00 to $1,136,681.00, and authorize the City Manager to execute said
amendment, subject to final language approval by the City Manager and City
Attorney. The motion carried by voice vote 3 -1, Councilmember Millhouse
dissenting.
B. Consider Glenwood Park Restroom Options and Execute Agreements
with DiCecco Architecture for Design Services and PICON for Pre -
Construction Coordination Services. Staff Recommendation: 1) Approve
Option B, for conventional design and construction of restrooms at
Glenwood Park for a total project cost of $276,500.00; 2) Authorize the
City Manager to execute an agreement with DiCecco Architecture Inc, for
the architectural design services at a cost not to exceed $21,920.00,
pending final language approval by the City Manager and City Attorney;
and 3) Authorize the City Manager to execute an agreement with PICON
(Phil Vein) for pre- construction project coordination services at a cost not
to exceed $4,400.00, pending final language approval by the City
Manager and City Attorney.
Ms. Lindley gave the staff report.
There were no speakers.
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The Council and staff discussed the potential for public perception of a
conflict of interest in awarding an agreement to a sitting Planning
Commissioner's company when a request for a quote was not circulated.
It was recommended the City Attorney draft rules to address this issue.
CONSENSUS: It was the consensus of the Council to remove this item form the
agenda calendar.
C. Consider Resolution _Approvinq the Preliminary Assessment Enaineer's
Report for the Parks and Recreation Maintenance and Improvement
Assessment District for Fiscal Year 2009/10 and Providina Notice of
Public Hearing on June 17, 2009. Staff Recommendation: Adopt
Resolution No. 2009 -2814.
Ms. Lindley gave the staff report.
There were no speakers.
MOTION: Councilmember Millhouse moved and Councilmember Van Dam
seconded a motion to adopt Resolution No. 2009 -2814, approving the
Preliminary Engineer's Report for the Parks and Recreation Maintenance and
Improvement Assessment District for Fiscal Year 2009/10 and providing notice of
public hearing on June 17, 2009. The motion carried by unanimous voice vote.
D. Consider Resolution Approving the Preliminary Engineer's Report for the
Landscaping and Lighting Maintenance Assessment Districts for Fiscal
Year 2009/10 and Providing Notice of Public Hearing on June 17, 2009.
Staff Recommendation: Adopt Resolution No. 2009 -2815.
Ms. Lindley gave the staff report.
There were no speakers.
MOTION: Councilmember Millhouse moved and Councilmember Van Dam
seconded a motion to adopt Resolution No. 2009 -2815, approving the
Preliminary Engineer's Report for the Landscaping and Lighting Maintenance
Assessment Districts for Fiscal Year 2009/10 and providing notice of public
hearing on June 17, 2009. The motion carried by unanimous vote.
E. Consider an Ordinance Amending Chapter 8.32, Prohibiting Smoking in
Public Places, of the Moorpark Municipal Code. Staff Recommendation:
Introduce Ordinance No. for first reading, waive full reading, and
schedule second reading and adoption for June 3, 2009.
Ms. Davis gave the staff report and indicated public comments have
generated a need to refine and clarify the ordinance further; therefore, a
continuance to June 3 is requested.
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There were no speakers.
The following issues that affect the staff recommendation or give direction
to staff were discussed by the Councilmembers and staff: 1) Adding a
definition of "dining area "; 2) Enumerating, in feet, what is a "reasonable
distance "; 3) Clarify areas where smoking may occur; 4) Adding the word
"in" to Section 8.32.020 after the word "smoke" in the first paragraph; 5)
Research whether any areas in parking lots should be designated as
smoking areas; and 6) Eliminate the reference to "F" on page stamped
123 for Section 8.32.020.
MOTION: Councilmember Millhouse moved and Councilmember Van seconded
a motion to continue this item to June 3, 2009, addressing Council's concerns as
noted in discussion. The motion carried by unanimous voice vote.
F. Consider Amendment No. 1 to Agreement for Bus Services with Durham
School Services, Adding Additional Days of Service to the Moorpark
Beach Bus and Increasing Driver Background Check Requirements; and
Consider Additional Changes to Moorpark Beach Bus and Summer Youth
Bus Pass Program. Staff Recommendation: 1) Authorize the City
Manager to approve Amendment No. 1 to Agreement; and 2) Approve
proposed changes, as contained in the agenda report, to Summer Beach
Bus program and Summer Youth Bus Pass program. ROLL CALL VOTE
REQUIRED
Mr. Kroes gave the staff report.
There were no speakers.
Councilmember Millhouse directed staff to add the words "at a minimum"
in front of the word "perform" for driver background checks in Section
12.12 on stamped page 137. He requested staff confirm whether or not
Durham School Services have cameras on their buses.
MOTION: Councilmember Mikos moved and Councilmember Van Dam
seconded a motion to: 1) Authorize the City Manager to approve Amendment
No. 1 to Agreement, as amended, to add "at a minimum" to Section 12.12 in
front of the word "perform" to stamped page 137; and 2) Approve proposed
changes, as contained in the agenda report, to Summer Beach Bus program
and Summer Youth Bus Pass program. The motion carried by unanimous roll
call vote.
G. Consider Mission Statement, Priorities Goals and Objectives for Fiscal
Year 2009/2010 Staff Recommendation: Approve Mission Statement,
Priorities, Goals and Objectives for Fiscal Year 2009/2010 and determine
which, if any, objectives are to be referred to a Standing Committee.
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Mr. Kueny gave the staff report.
There were no speakers.
Councilmember Mikos requested Potential Objectives 59, 60, and 61, be
moved to Department Goals and Objectives and to add all "green" building
objectives to an existing Standing Committee.
MOTION: Councilmember Van Dam moved to add Potential Objectives 59, 60,
and 61 to Department Goals and Objectives and to combine all "green" building
objectives to add as the responsibility of a Standing Committee.
Mayor Parvin requested Potential Objective No. 45 on stamped page 159
be changed from "Hearon Drive" to "Campus Canyon Drive" and to move
Potential Objective No. 42 to the Department Goals and Objectives
Councilmember Millhouse requested Potential Objective No. 55 be moved
to the Department Goals and Objectives.
AMENDED MOTION: Councilmember Van Dam amended his prior motion to
also include the correction to Campus Canyon Drive and to move Potential
Objectives 42 and 55 to Department Goals and Objectives and Councilmember
Millhouse seconded the motion. The amended motion carried by unanimous
voice vote.
Mr. Kueny stated this item will be placed on a future agenda as a Consent
Item for Council approval.
H. Consider Proposed Operating and Capital Improvement Budget for Fiscal
Year 2009/2010. Staff Recommendation: Receive the budget and set a
workshop for May 27 or June 10, 2009.
Mr. Kuney gave the staff report.
There were no speakers.
MOTION: Councilmember Millhouse moved and Councilmember Mikos
seconded a motion to receive the budget and set a budget workshop for 6:00
p.m. on June 10, 2009. The motion carried by unanimous voice vote.
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10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Millhouse moved and Councilmember Van Dam seconded a
motion to approve the Consent Calendar. The motion carried by unanimous roll call
vote.
A. Consider Warrant Register for Fiscal Year 2008 -2009 — May 20 2009.
Staff Recommendation: Approve the warrant register.
B. Consider Resolution Directing the Planning Commission to Study Hold a
Public Hearing, and Provide a Recommendation on an Amendment to
Section 17.32.025 High Street Area Parking Requirements of Title 17
Zoning, of the Moorpark Municipal Code. Staff Recommendation: Adopt
Resolution No. 2009 -2816.
C. Consider a Resolution Directing the Planning Commission to Study Hold
a Public Hearing, and Provide a Recommendation on Rescinding the
Development Agreement and Amending the General Plan Land Use and
Zoning Designations for the Toll /Mazur Project Site; and Amending the
General Plan Land Use Downtown Specific Plan Use and Zoning
Designations for Property Owned by the Moorpark Redevelopment
Agency on the South Side of Everett Street between Moorpark Avenue
and Walnut Street. Staff Recommendation: Adopt Resolution No. 2009-
2817.
D. Consider Report of Annual Development Agreement Review Established
in Connection with The Masters at Moorpark Country Club Estates
Located on 43.04 Acres North of Championship Drive and East of Grimes
Canyon Road (Tract 5463), on the Application of Toll Brothers Inc. Staff
Recommendation: 1) Accept the Planning Director's report and
recommendation that on the basis of substantial evidence, Toll Brothers
Inc. has complied in good faith with the terms and conditions of the
Agreement; and 2) Deem the annual review process complete.
E. Consider Report of Annual Development Agreement Review, Established
in Connection with Moorpark Country Club Estates Located
Approximately 2,700 Feet South of Broadway between Grimes Canyon
Road and Walnut Canyon Road (Tract 4928) on the Application of Toll
Brothers, Inc. Staff Recommendation: 1) Accept the Planning Director's
report and recommendation that on the basis of substantial evidence, Toll
Brothers Inc. has complied in good faith with the terms and conditions of
the Agreement; and 2) Deem the annual review process complete
F. Consider Report of Annual Development Agreement Review Established
in Connection with Canterbury Lane (Tract No. 5425) Located on the
South Side of Los Angeles Avenue East of Fremont Street on the
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Application of Shea Homes. Staff Recommendation: 1) Accept the
Planning Director's Report and recommendation, on the basis of
substantial evidence, that Shea Homes, Limited Partnership has complied
in good faith with the terms and conditions of the Agreement; and 2) Deem
the annual review process complete.
G. Consider Report of Annual Development Agreement Review, Established
in Connection with Vistas at Moorpark, Located on the West Side of
Walnut Canyon Road, Approximately 3,500 Feet North of Casey Road, on
the Application of Moorpark 150, LLC. Staff Recommendation: 1) Accept
the Planning Director's report and recommendation, on the basis of
substantial evidence, that Moorpark 150, LLC has complied in good faith
with the terms and conditions of the Agreement; and 2) Deem the annual
review process complete.
H. Consider Report of Annual Development Agreement Review, Established
in Connection with Warehouse Discount Center at White Sage Road and
State Route -23 Freeway (NLA 118, LLC). Staff Recommendation: 1)
Accept the Planning Director's Report and recommendation that on the
basis of substantial evidence, NLA 118, LLC has complied in good faith
with the terms and conditions of the Agreement; 2) Deem the annual
review process complete; and 3) Provide direction that future annual
reviews for NLA 118, LLC will occur after the sale figures for the
applicable period are available. Therefore, the annual review date will
coincide with this period and this practice will continue for the life of the
agreement.
I. Consider California Department of Transportation Disadvantaged
Business Enterprise Implementation Agreement. Staff Recommendation:
Approve and authorize the City Manager to sign the Agreement.
J. Consider Notice of Completion for the Lassen Avenue Bikeway/Walkway
(Project 8074). Staff Recommendation: Accept the work as complete and
direct the City Clerk to record the Notice of Completion.
K. Consider Award of Agreement to Direct AN, Inc. for Moorpark Metrolink
Station Security Camera Maintenance Services. Staff Recommendation:
Authorize the City Manager to sign the Agreement, subject to final
language approval by the City Manager and City Attorney.
L. Consider Resolution Amendinq the Fiscal Year 2008/09 Budget b
Appropriating General Funds (Title III -C Contract Grant Funds for the
Senior Nutrition Program) to Fund an Additional Grant of One - Time -Only
Funds for the Grant - Funded Senior Nutrition Program Staff
Recommendation: Adopt Resolution No. 2009 -2818.
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M. Consider Resolution Authorizing the Submittal of a Grant Renewal
Application to the Ventura County Area Agency on Aging (VCAAA) for
Older Americans Act Title III -C Contract Grant Funds for the Senior
Nutrition Program, and Authorizing the City Manager to Sign All Related
Agreements. Staff Recommendation: Adopt Resolution No. 2009 -2819.
N. Consider Authorization to Record the Notice of Completion Release of
Retention. Release of Performance Bond and Release of Payment Bond
in Accordance with Agreement for Veteran's Memorial Park Project. Staff
Recommendation: 1) Authorize the City Clerk to file the Notice of
Completion for the project; 2) Authorize the release of the balance of
payment, due to the Contractor in accordance with the contract and City
acceptance of completion of all contractual obligations on the part of the
contractor, or 55 days after Notice of Completion records, whichever
occurs later; 3) Release the Performance Bond one year after Recordation
of Notice of Completion in accordance with the contract, and completion of
contractual obligations on the part of Contractor; and 4) Release the
Payment Bond six months after Recordation of Notice of Completion in
accordance with the contract, and completion of contractual obligations on
the part of Contractor.
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
None.
12. CLOSED SESSION:
Mr. Kueny requested the City Council go into closed session for discussion of
Items 12.C, 12.D, 12.E, and 12 F. on the agenda.
MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a
motion to adjourn to closed session for a discussion of Items 12.C, 12.D, 12.E, and 12
F. on the agenda. The motion carried by unanimous voice vote. The time was 10:35
p.m.
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: A portion of APN 512 -0- 171 -235 at 612 Spring Road
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: City of Moorpark and Clinicas Del Camino Real
Under Negotiation: Price and terms of payment
D. 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
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E. 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 Director /City Clerk; Assistant City Clerk; Assistant
City Engineer; Assistant City Manager; Assistant Engineer; City
Engineer /Public Works Director; Community Development Director;
Deputy City Manager; Finance and Accounting Manager; Finance
Director; Human Resources Analyst; Information Systems Analyst;
Information Systems Manager; Landscape /Parks Maintenance
Superintendent; Management Analyst; Parks and Landscape Manager;
Parks, Recreation and Community Services Director; Planning Director;
Principal Planner; Public Works Superintendent; Recreation /Community
Services Manager; Recreation Supervisor; Redevelopment Manager; and
Senior Management Analyst
F. 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; Deputy City Manager; Finance Director; Parks, Recreation and
Community Services Director; and Planning Director
Present in closed session were Councilmembers Mikos, Millhouse, Van Dam,
and Mayor Parvin; Steven Kueny, City Manager; Hugh Riley, Assistant City
Manager; and Deborah Traffenstedt, Administrative Services Director /City Clerk.
The Council reconvened into open session at 11:20 p.m. Mr. Kueny stated Items
12.C, 12.D, 12.E, and 12 F. were discussed and there was no action to report.
13. ADJOURNMENT:
Mayor Parvin adjourned the meeting at 11:20 p.m.
ATTEST:
Maureen Benson, Assistant City Clerk
Janice S. Parvin, Mayor
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