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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 September
17, 2008, in the Council Chambers of said City located at 799 Moorpark Avenue,
Moorpark, California.
1 . CALL TO ORDER:
Mayor Pro Tempore Parvin called the meeting to order at 7:41 p.m.
Mayor Pro Tempore Parvin and Captain Nelson gave opening comments
regarding the September 12, 2008, train accident and the response by staff,
Moorpark Police Department, and volunteers.
Mayor Pro Tempore Parvin announced the meeting would be adjourned in
memory of the Moorpark residents who were killed in the train crash.
2. PLEDGE OF ALLEGIANCE:
Stephanie Shaw, Recreation Supervisor, led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Mikos, Van Dam, and Mayor Pro Tempore
Parvin.
Absent: Councilmember Millhouse and Mayor Hunter.
Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney;
Hugh Riley, Assistant City Manager; Barry Hogan, Deputy
City Manager; Mary Lindley, Parks/Recreation and
Community Services Director; Yugal Lall, City
Engineer/Public Works Director; David Bobardt, Planning
Director; David Moe, Redevelopment Manager; Jennifer
Mellon, 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. Introduction of New City Employee, Martha Duenas, Recreation
Coordinator III, in the Parks, Recreation and Community Services
Department.
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Minutes of the City Council
Moorpark, California Page 2 September 17 2008
Mayor Pro Tempore Parvin introduced new City employee, Martha
Duenas, Recreation Coordinator III, on the Parks, Recreation and
Community Services Department.
B. Proclamation Declaring September 21-27, as Fall Prevention Awareness
Week.
Mayor Pro Tempore Parvin presented Parks, Recreation and Community
Services Director, Mary Lindley with a proclamation declaring September
21-27, as Fall Prevention Awareness Week.
5. PUBLIC COMMENT:
None.
AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the
Moorpark Redevelopment Agency. The time was 7:56 p.m. The City Council meeting
reconvened at 7:57 p.m.
Councilmember Millhouse arrived at 7:57 p.m.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
CONSENSUS: It was the consensus of the Council to hear Item 9.C. prior to Public
Hearings upon the request of Councilmember Mikos.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
Councilmember Mikos announced she had attended The Reagan Foundation
September 11 Remembrance Walk, Presentation, and Dinner. She
recommended the public consider attending this somber, but wonderful annual
event next year.
Councilmember Mikos announced she had attended with Councilmember Van
Dam, Ventura County Board Supervisor Foy's sponsored memorial event on
Sunday, September 13th, honoring those killed and injured in the Metrolink
tragedy of September 12th. She offered her condolences to all those affected by
the tragedy.
Councilmember Mikos requested a future agenda item for December or January
after the new Council is seated to examine effective and efficient ways to use
solar energy along with incentives from both perspectives of new construction
and for rehabilitation or retrofits.
Minutes of the City Council
Moorpark, California Pape 3 September 17, 2008
Councilmember Millhouse apologized for being late as he had been attending, as
Vice Chair of the Metrolink Board, an emergency Metrolink Board meeting where
the focus was on the families and victims of the recent tragedy and the creation
of a fund to assist in costs associated with funerals and expenses for the affected
families, and not the misstatements made to the press, which will be addressed
once the investigation is completed. Councilmember Millhouse commented on
legislation being led by Senator Diane Feinstein to motivate the Federal Railroad
Administration to implement certain safety changes and measures; and pledged,
as a Councilmember and Metrolink Board Member, to work to improve any and
every aspect of train safety and performance no matter the challenges or cost.
Mayor Pro Tempore Parvin announced the Teen Photo Exhibit - "Ordinary Can
be Extraordinary" - is on display now through Saturday, September 27 at the
Moorpark City Library during business hours.
Mayor Pro Tempore Parvin announced Coastal Cleanup Day to help keep
Moorpark's environment beautiful by cleaning up the Arroyo Simi, will be on
Saturday, September 20 at Villa Campesina Park.
Mayor Pro Tempore Parvin announced old electronics may be disposed of at the
City of Moorpark Free Electronic Waste Collection Event on Saturday,
September 20 at the Moorpark Public Services Facility. Moorpark residents and
small businesses may dispose of electronic waste only, including electronic
devices, televisions, computer equipment, monitors, and printers.
Mayor Pro Tempore Parvin announced a limited number of Earth Machine home
compost units will be offered for sale for $20.00. They will be available during
the Electronic Waste Event Saturday, September 20, at the Moorpark Public
Services Facility. Proof of residency is required and only one compost unit per
residence.
Mayor Pro Tempore Parvin announced a Free Landfill Day for Moorpark
residents is Sunday, September 21 , at the Simi Valley Landfill and Recycling
Center located at 2801 Madera Road, north of the 118 freeway. Household
waste may be dumped or recycled without charge. No hazardous waste or
business waste will be accepted.
Mayor Pro Tempore Parvin announced the Moorpark Chamber of Commerce has
established a bank account to benefit the victims of the Metrolink Train No. 111
accident. Donations may be made at any Wells Fargo Bank to the Train Victims
Benefit Fund Account No. 973-8485896 or at the Moorpark Chamber of
Commerce. The Chamber is also sponsoring a blood drive at 18 High Street,
administered by United Blood Services, on Tuesday, September 23.
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Minutes of the City Council
Moorpark, California Page 4 September 17 2008
AT THIS POINT in the meeting Item 9.C. was heard.
9. PRESENTATION/ACTION/DISCUSSION:
C. Consider Approval of the Plans and Specifications for the Veteran's
Memorial. Staff Recommendation: Approve the plans and construction
specifications for the Veteran's Memorial and authorize staff to amend the
City's project management contract with Picon.
Ms. Lindley gave the staff report.
The following issues that affect the staff recommendation or give direction
to staff were discussed by the Councilmembers and staff: 1) Include all
options in bid proposal with separate costs; and 2) Include discretion to
adjust the plant palette to include more native species.
Councilmember Millhouse left the dais. The time was 8:21 p.m.
Pete Duncan, representing the American Legion, concurred with the staff
report and spoke in favor of moving forward with the project.
MOTION: Councilmember Mikos moved and Mayor Pro Tempore Parvin
seconded a motion to approve the plans and construction specifications for the
Veteran's Memorial, as amended, to include separate pricing for all options and
discretion to adjust the plant palette to include more native species; and to
amend the City's project management contract with Picon at a cost not to exceed
$21 ,000. The motion carried by voice vote 3-0, Councilmember Millhouse and
Mayor Hunter absent.
8. PUBLIC HEARINGS:
A. Consider Resolution Revising Approval of Sale of Property Owned by the
Redevelopment Agency of the City of Moorpark, Located at 192 High
Street, to Aszkenazy Development, Inc. Staff Recommendation: 1) Open
the public hearing, accept public testimony, and close the public hearing;
and 2) Adopt Resolution No. 2008- approving the sale of Property
between the Agency and Developer, subject to Disposition and
Development Agreement approval by the Agency.
Mr. Moe requested the Council open the public hearing and continue this
item to November 5, 2008.
Mayor Pro Tempore Parvin opened the public hearing.
In response to Mayor Pro Tempore Parvin, Ms. Traffenstedt stated there
were no speakers.
Minutes of the City Council
Moorpark, California Page 5 September 17 2008
MOTION: Councilmember Mikos moved and Councilmember Van Dam
seconded a motion to continue the open public hearing to November 5, 2008.
The motion carried by voice vote 3-0, Councilmember Millhouse and Mayor
Hunter absent.
B. Consider Resolution Approving General Plan Amendment No. 2008-01
and Ordinance Approving Zone Change No. 2008-01: To Replace the
Existing General Plan Land Use Map and Zoning Map with Electronic
Digital Versions Using the City's Geographic Information Systems (GIS)
Database. Staff Recommendation: 1) Open the public hearing, accept
public testimony, and close the public hearing; 2) Adopt Resolution No.
2008-2747 approving General Plan Amendment No. 2008-01 ; and 3)
Introduce Ordinance No. 371 approving Zone Change No. 2008-01 for first
reading, and schedule second reading and adoption for October 1 , 2008.
Mr. Bobardt gave the staff report and corrected the General Plan Map to
more clearly identify the north west corner of the City, which depicted
Open Space as Residential.
Councilmember Millhouse returned to the dais. The time was 8:31 p.m.
Mayor Pro Tempore Parvin opened the public hearing.
In response to Mayor Pro Tempore Parvin, Ms. Traffenstedt stated there
were no speakers.
Mayor Pro Tempore Parvin closed the public hearing.
Mr. Montes read the title of Ordinance No. 371.
MOTION: Councilmember Mikos moved and Councilmember Millhouse
seconded a motion to: 1) Waive full reading, declare Ordinance No. 371
approving Zone Change No. 2008-01 read for the first time, and schedule second
reading and adoption for October 1, 2008; and 2) Adopt Resolution No. 2008-
2747, approving General Plan Amendment No. 2008-01. The motion carried by
voice vote 4-0, Mayor Hunter absent.
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Resolution Approving the Use of Standard Conditions of
Approval for Entitlement Protects. Staff Recommendation: Adopt
Resolution No. 2008-
Mr. Hogan requested this item be continued to October 1, 2008.
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Minutes of the City Council
Moorpark, California Page 6 September 17 2008
MOTION: Councilmember Millhouse moved and Councilmember Van Dam
seconded a motion to continue this item to October 1 , 2008. The motion carried
by voice vote, 4-0, Mayor Hunter absent.
B. Consider Commencing a Neighborhood Enhancement Pilot Program.
Staff Recommendation: Approve implementation of a Neighborhood
Enhancement Pilot Program as outlined in the agenda report.
Ms. Mellon gave the staff report and provided a complete Attachment 1
and Attachment 2.
Councilmember Mikos suggested: 1) Adding cactus and succulents as
prohibited plants to Attachment 1 , Question No. 4; 2) Clarifying the answer
to Question No. 5 on Attachment 1 for requirements for disposal of large
items; and 3) Modifying Attachment No. 2 to allow discretion for type of
applicant, not limit it to just organizations. She requested a Council box
item communication providing information on how extra funds spent on
Solid Waste AB939 have helped to increase recycling for multi-family
residential and businesses.
In response to Mayor Pro Tempore Parvin, Ms. Traffenstedt stated there
were no speakers.
MOTION: Mayor Pro Tempore Parvin moved and Councilmember Mikos
seconded a motion to approve implementation for a Neighborhood Enhancement
Pilot Program in March, April, May and June 2009 for a total of four Saturdays
with enhancements and clarifications to Attachments 1 and 2, as outlined by
Councilmember Mikos. The motion carried by voice vote 4-0, Mayor Hunter
absent.
D. Consider Options for Filling a Vacancy on the City Council. Staff
Recommendation: Direct staff as deemed appropriate
Mr. Montes gave the staff report and in response to Councilmember
Mikos, amended the last line of Section (2) of Option C. to read, "In that
event, the special election must be held at least 114 days from the date of
the filing either with the requisite petitions or at the discretion of the City
Council."
In response to Mayor Pro Tempore Parvin, Ms. Traffenstedt stated there
were no speakers.
MOTION: Councilmember Mikos moved to retain the current Ordinance No. 77
requiring a special election to fill a vacancy on the Council. The motion died due
to lack of a second.
Minutes of the City Council
Moorpark, California Page 7 September 17 2008
MOTION: Councilmember Millhouse moved and Councilmember Van Dam
seconded a motion to prepare an ordinance to repeal Section 2.04.050 of the
Moorpark Municipal Code, entitled, "Filling of Vacancies", and proceed as
otherwise permitted by State law to either appoint someone to complete the term
of the vacated Council seat, or call a special election to fill the vacancy.
Mr. Montes clarified the first reading of an ordinance may occur at a
special meeting; however, the second reading must be at a regular
meeting or a regular adjourned meeting. A discussion followed among the
Councilmembers and staff regarding the dates available for meetings.
AMENDMENT TO PRIOR MOTION: Councilmember Millhouse moved to amend
the motion and Councilmember Van Dam seconded the amendment to the
motion to: 1) Schedule first reading for the regular meeting of October 1, 2008,
of an ordinance to repeal Section 2.04.050 of the Moorpark Municipal Code,
entitled "Filling of Vacancies", and proceed as otherwise permitted by State law
to either appoint someone to complete the term of the vacated Council seat, or
call a special election to fill the vacancy; and 2) Adjourn second reading of that
ordinance to an adjourned regular meeting to be held at least five (5) days later
for second reading and adoption. The amended motion carried by voice vote: 3-
1 , Councilmember Mikos dissenting and Mayor Hunter absent.
Councilmember Mikos stated for the record, that she is opposed to
repealing Section 2.040.050 of the Moorpark Municipal Code, as it would
allow this Council or any future Council the opportunity to disenfranchise
the voters by potentially appointing a Councilmember for approximately, in
this instance, two years without having that person be elected by the
people.
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Van Dam moved and Councilmember Millhouse seconded a
motion to approve the Consent Calendar. The motion carried by roll call vote 4-0,
Mayor Hunter absent.
A. Consider Special Joint City Council/Parks and Recreation Commission
Meeting Minutes of April 23, 2008. Staff Recommendation: Approve the
minutes.
B. Consider Special Meeting Minutes of June 11, 2008. Staff
Recommendation: Approve the minutes.
C. Consider Regular Meeting Minutes of September 3, 2008. Staff
Recommendation: Approve the minutes.
D. Consider Warrant Register for Fiscal Year 2008-2009 — September 17,
2008. Staff Recommendation: Approve the warrant register.
Minutes of the City Council
Moorpark, California Page 8 September 17 2008
E. Consider Rejection of Claim from: Helping Hands Outreach, Damone
Daniel, and Danita Daniel, Staff Recommendation: Reject the claim and
direct staff to send a standard rejection letter to the claimant.
F. Consider Resolution Authorizing Submittal of a Household Hazardous
Waste Grant Application to the California Integrated Waste Management
Board. Staff Recommendation: Adopt Resolution No. 2008-2748.
G. Consider Resolution Amending the Conflict of Interest Code of the City of
Moorpark and Rescinding Resolution No. 2007-2621. Staff
Recommendation: Adopt Resolution No. 2008-2748, rescinding
Resolution No. 2007-2621.
H. Consider Preliminary Design of Lassen Walkway — Project 8074. Staff
Recommendation: Approve preliminary design as presented in agenda
report.
I. Consider Authorization to Record the Notice of Completion for Arroyo
Vista Recreation Center Building Expansion 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 fifty-five (55) days after Notice of Completion records,
whichever occurs later; 3) Release the Performance Bond one (1) 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 (6) months after Recordation of Notice of
Completion in accordance with the contract, and completion of contractual
obligations on the part of Contractor.
J. Consider Financial Update to Matrix Consulting Group Contract
Associated with Wastewater Study. Staff Recommendation: Receive and
file report.
K. Consider Resolution Authorizing Submittal of an Emergency Management
Performance Grant Application, and Amending the Fiscal Year 2008/09
Budget to Reflect $9,280.88 in Grant Revenue, Staff Recommendation:
Approve the grant funding request and adopt Resolution No. 2008-2750.
ROLL CALL VOTE REQUIRED
L. Consider Addendum to the Charles Abbott and Associates Contract for
Engineering Services of the City. Staff Recommendation: Authorize the
Mayor to sign the contract amendment, subject to final language approval
by the City Manager and the City Attorney.
Minutes of the City Council
Moorpark, California Page 9 September 17 2008
M. Consider Resolution Opposing the Establishment of a Prison Hospital in
Ventura County. Staff Recommendation: Adopt Resolution No. 2008-
2751.
N. Consider Revised Tennis Court Rules. Staff Recommendation: Approve
revisions to Tennis Court Rules.
O. Consider Resolution Amending the Fiscal Year 2008/09 Budget to
Increase Appropriations for Fiscal Year 2007/08 Purchase Order Roll-
overs. Staff Recommendation: Adopt Resolution No. 2008-2752. ROLL
CALL VOTE REQUIRED
11 . ORDINANCES: (ROLL CALL VOTE REQUIRED)
None.
12. CLOSED SESSION:
None was held.
13. ADJOURNMENT:
MOTION: Councilmember Van Dam moved and Councilmember Mikos seconded a
motion to adjourn the meeting in memory of Paul Long, Aida Magdaleno, Beverly
Mosley, Howard Pompel, and Maria Villalobos who lost their lives in the train collision
on September 12, 2008. The motion carried by unanimous voice vote 4-0, Mayor
Hunter absent. The time was 9:17 p.m.
Patrick Hunter, Mayor
ATTEST:
Maureen Benson, Assistant City Clerk