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HomeMy WebLinkAboutAGENDA REPORT 2005 0406 CC REG ITEM 10ACITY OF MOORPARK, CALIFORNIA ITEM EM ' O • N • City Council Meeting ofl ACTION: INUTES OF THE CITY COUNCIL September 15, 2004 A Regular Meeting of the City Council of the City of Moorpark was held on September 15, 2004, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7:23 p.m. 2. PLEDGE OF ALLEGIANCE: City Manager, Steven Kueny led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Kenneth Gilbert, Public Works Director; Barry Hogan, Community Development Director; Cynthia Borchard, Administrative Services Director; Brad Miller, City Engineer; Sergeant Craig Smith, Sheriff's Department; David Bobardt, Planning Manager; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Certificates of Recognition for Country Days Logo and Theme Contest Winners, Jessica Dungca and Scott Tipping. Mayor Hunter presented Jessica Dungca with a certificate of recognition for winning the Country Days logo contest. Scott Tipping was unable to attend. Mayor Hunter announced the 25th Annual Country Days Parade and Street Fair will be held Saturday, October 2nd. 000303 Minutes of the City Council Moorpark, California Page 2 September 15, 2004 B. Proclamation Approving October 1, 2004, as "California Arts Day" and Recognizing the Month of October as "Arts and Humanities Month ". Mayor Hunter presented Parks and Recreation Commission Vice - Chair, Julie Weisberger with a proclamation approving October 1, 2004, as "California Arts Day" and Recognizing the Month of October as "Arts and Humanities Month ". Ms. Weisberger invited the community to attend the city of Moorpark's Art Festival to be held on Sunday, October 10, 2004, at the Moorpark Civic Center and on High Street. C. City Manager's Monthly Report. Mr. Kueny introduced Brad Miller, City Engineer who gave the monthly report. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:37 p.m. The City Council meeting reconvened at 7:38 p.m. 5. PUBLIC COMMENT: Ralph Mauriello, a Moorpark resident representing the High Street Theater Foundation, spoke about forming an alliance with the City for a Committee of the Arts. Jean Sandlin, a Moorpark resident representing the High Street Theater Foundation, spoke about their interest in maintaining the historic district in the community. Wendy Harper, a Moorpark resident representing the High Street Theater Foundation and designer of the Gardens of the World in Thousand Oaks, spoke about the need to revitalize the downtown area; and ways to raise money for the theater. Janet Murphy, a Moorpark resident invited the community to a documentary film at the Theater on High Street entitled "Home Growing ", which concerns affordable housing and the preservation of open space; and stated Measures A and B on the upcoming election ballot will be discussed. 000304 Minutes of the City Council Moorpark, California Page 3 September 15, 2004 Keith Millhouse, a Moorpark resident, spoke in regard to Measure B, the transportation initiative for Ventura County; and encouraged voters to become educated on the measure. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Mikos requested Items 10.C. and 10.D. be pulled from the Consent Calendar for individual consideration. Mayor Hunter requested Item 9.F. be continued to October 6, 2004, to allow Council additional time to review the agreement. CONSENSUS: It was the consensus of the Council to pull Items 10.C. and 10.D. from the Consent Calendar for individual consideration and to continue Item 9.F. to October 6, 2004. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos announced a four -mile hike through Happy Camp Canyon Regional Park on Sunday, September 26, 2004. Mayor Hunter announced a volunteer cleanup of the Arroyo Simi will take place on Saturday, September 18, 2004. Mayor Hunter announced a free landfill day scheduled for Moorpark residents on Sunday, September 19, 2004. Mayor Hunter announced the north parking lot at the Metrolink station will be closed Saturday, October 2nd from 6:00 a.m. to 6:00 p.m. due to the Country Days Parade. Mayor Hunter announced the Active Adult Center, in conjunction with the Visiting Nurse Association, will hold a flu shot clinic on Wednesday, October 6, 2004. 8. PUBLIC HEARING: A. Consider General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01, and Zone Change No. 2001 -02 for 1,650 Housing Units on 3,586.3 Acres Located Generally North of Moorpark College and State Route 118 on Land Immediately Outside City of Moorpark Municipal 0003cs Minutes of the City Council Moorpark, California Paqe 4 September 15, 2004 Boundaries, on the Application of North Park Village LP. (continued from July 21, 2004, with public hearing open) Staff Recommendation: Continue to take testimony in the open public hearing, and continue the agenda item with the public hearing open, to October 20, 2004. Mr. Bobardt gave the staff report. Mayor Hunter suggested hearing from the public speakers prior to follow -up questions directed to staff. CONSENSUS: It was the consensus of the Council to take public testimony prior to directing questions to staff. Mayor Hunter stated the public hearing remains open. David Panaro, a Moorpark resident, hydrologist for Ventura County Water Resources Division, and geologist for the Fox Canyon Groundwater Management Agency, gave a presentation on water supply and water quality. Joe Edmiston, Executive Director of the Santa Monica Mountains Conservancy (SMMC), 5750 Ramirez Canon Road, Malibu, California, and Executive Officer of the Mountains Recreation Conservation Authority (MRCA), 25345 Mureau Road, Ventura, California, spoke about issues of concern to SMMC. Walt Young, Chief Ranger of Mountains Recreation Conservation Authority (MRCA), 25345 Mureau Road, Ventura, California, gave a presentation on the local government agency and stated the MRCA manages several properties within Ventura County including Rocky Peak Park, Ahmanson Ranch, and Happy Camp Canyon Regional Park, which is adjacent to the proposed open space of North Park. Reddy Ventura Ventura Canyon sources for the Plan. ?akala, Director County Public County Waterworks Road, Moorpark, for the district proposed project of Water and Sanitation for Works Agency, representing District No. 1, 7150 Walnut described the water supply and stated the water demands were included in their Master 0003CG Minutes of the City Council Moorpark, California Page 5 September 15, 2004 Jim Lovins, Environmental Coordinator with Vintage Petroleum, 3055 West Pacific Coast Highway, Ventura, California, stated he has been in contact with the developer in regard to what wells, gathering lines and facilities may be impacted by the project. Ann Johnston, environmental consultant for the City from BonTerra Consulting, 151 Kalmus Suite E -200, Costa Mesa, California, gave a presentation on the biological resources as addressed in the Environmental Impact Report. Ken Kilkenny, representing North Park, 680 Walnut Street, Moorpark, spoke in regard to groundwater and water supply; school mitigation; the fire station site; SMMC recommendations for protection of watershed, additional wildlife crossing, and vernal pools; and Valley Fever statistics. Frank DePasquale, Superintendent of Moorpark Unified School District, 5297 Maureen Lane, Moorpark, spoke about the District's concern about the location of the school site, and financial arrangements in negotiation with the developer. Jim Crawford, a Moorpark resident, spoke in opposition to the project expressing concerns about traffic. Ben Randazza, a Moorpark resident, spoke in opposition to the project and expressed concerns about traffic and Valley Fever. Susan Nardi, a Moorpark resident, expressed concerns about traffic and Valley Fever. Suzanne Wilson, a Moorpark resident, expressed concern as to the accuracy and consistency of the developer's promises, and the proposed freeway interchange. Lina Santelli, a Moorpark resident, spoke in support of the project. David Bagwell, a Moorpark resident and businessperson, spoke in support of the project and asked the Council to please put it on the ballot for the voters. 000307 Minutes of the City Council Moorpark, California Page 6 September 15, 2004 Flo Carvalho, a Moorpark resident, stated she is willing to put up with traffic problems to get the project. Scott Mosher, representing the Moorpark Chamber of Commerce, 225 West Los Angeles Avenue, Moorpark, stated the Chamber supports the project and urged the Council's support to bring it to the voters. Jeff Sanders, a Moorpark resident, stated 40- percent of the homes will be single -level homes, which are hard to find in a community; and urged the Council to put the project on the ballot for a vote. Lynn Shackelford, a Moorpark resident and Simi Valley business person, spoke in favor of the proposed planned community with 75- percent open space. Randall Smith, a Moorpark resident, spoke in support of the project and urged the Council to put the project on the ballot. Lisa Leal, a Moorpark resident, spoke in support of the project's 75- percent open space, a reclaimed water pipeline to the college, a lake, buffer zone, and freeway interchange. Dick Wardlow, a Moorpark resident, stated the project is an opportunity for citizens of Moorpark to have a well planned community; and asked the Council to get the project to the voters. Cheri Risley Bohnert, a Moorpark resident, spoke in support of the project which provides needed infrastructure, services, a new school site, water resource protections, and permanent wildlife protection. Vicki Koch, a Westlake Village resident, spoke about the amenities available when raising a family near a lake. Linda Shishino -Cruz, expressed concerns about water fees, the creation of a lake in a semi -arid 000308 Minutes of the City Council Moorpark, California Page 7 September 15, 2004 environment, changes to the wildlife corridor; and soil contamination from oil field operations. John Shishino -Cruz, a Moorpark resident, spoke in opposition to the project and expressed concerns regarding Valley Fever and traffic impacts. Janet Murphy, a Moorpark resident and representative for the non - profit group Save Open Space /Santa Susana Mountains spoke about Measure A on the November ballot; expressed concerns regarding the impacts of North Park to the raptor habitat and oak woodlands; and recommended no project be developed. Tim Saivar, a Moorpark resident, spoke in opposition to the project citing traffic concerns. Randy Griffith, a Moorpark resident, recommended changes to the Mitigation Monitoring Plan including the submission by the developer of a work plan for the Phase 2 soils assessment. Tim Rosevear, a Moorpark resident, offered support for the project only if the infrastructure and freeway interchange are built first and expressed concerns regarding traffic. In response to Mayor Hunter, Ms. Traffenstedt stated there were 23 Written Statement cards submitted with 22 in favor and 1 in opposition to the project. She stated copies would be provided to Council. A discussion followed focusing on continuing the same subject matters to the October 20th meeting to allow Council to query staff and to move the intended North Park subject matters for October 20th to a subsequent date. CONSENSUS: It was the consensus of the Council to continue the subject matters of this meeting to the meeting of October 20, 2004, and move the intended subject matters for October 20th to a later date. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to continue the item to October 000 -309 Minutes of the City Council Moorpark, California Paae 8 September 15, 2004 20, 2004, with public hearing open. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the Council recessed. The time was 11:19 p.m. The meeting reconvened at 11:35 p.m. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Aareements for Professional Services Relatin to the Formation, Financing and Annual Administration of Moorpark Highlands (Morrison /Pardee) and Moorpark Vista (SunCal) Community Facilities Assessment Districts. Staff Recommendation: Approve agreements subject to final language approval by the City Manager and the City Attorney. Mr. Riley stated due to the late hour, he would defer giving the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve agreements for professional services relating to the formation, financing and annual administration of Moorpark Highlands (Morrison /Pardee) and Moorpark Vista (SunCal) Community Facilities Assessment Districts, subject to final language approval by the City Manager and the City Attorney. The motion carried by unanimous voice vote. B. Consider Resolutions for Proceedings to Initiate the Formation of the City of Moorpark Community Facilities District No. 2004 -1 (Moorpark Highlands) and Moorpark Community Facilities District No. 2004 -2 (Moorpark Vista). Staff Recommendation: Adopt Resolutions Nos. 2004 -2239, 2004 -2240, 2004 -2241, and 2004 -2242. Mr. Riley deferred the staff report due to the late hour. Mr. Kueny stated corrections to the agenda report should include the addition of "Site Acquisition" to School Fees on stamped page 90 and on stamped page 118 the reference to Flood Control District should be changed to Watershed Protection District. U003�0 Minutes of the City Council Moorpark, California Paae 9 September 15, 2004 In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to initiate formation of the City of Moorpark Community Facilities District No. 2004 -1 (Moorpark Highlands) and Moorpark Community Facilities District No. 2004 -2 (Moorpark Vista by: 1) Adopting Resolution No. 2004 -2239, as amended for Exhibit A to include the school site acquisition for Moorpark Highlands; 2) Adopting Resolution No. 2004 -2240; 3) Adopting Resolution No. 2004 -2241, as amended for Exhibit A to correct "Flood Control" to be "Watershed Protection District" for Moorpark Vista; and 4) Adopting Resolution No. 2004 -2242. The motion carried by unanimous voice vote. In response to Councilmember Millhouse, Mr. Montes stated that Section 2.15 of Council's resolution for rules stated upon reaching midnight the Council will not address any new items. The time was 11:55 p.m. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to waive rules and proceed with the remainder of the agenda. The motion carried by unanimous voice vote. AT THIS POINT in the meeting Mayor Hunter continued the agenda in the order it was written. C. Consider Resolution to Chance the Name of Los Anaeles Avenue Between Collins Drive and the Easterly City Limit. Staff Recommendation: Adopt Resolution No. 2004 -2243, changing the street name for the segment of Los Angeles Avenue east of Collins Drive to Arroyo Drive. Mr. Gilbert gave the staff report. Gary Mussell, a Moorpark resident, spoke about the Homeowners Association's concern regarding the short timeframe in which to change their addresses to Arroyo Drive and recommended the change not take effect until July 1, 2005. MOTION: Councilmember Harper moved and Mayor Hunter seconded a motion to adopt Resolution No. 2004 -2243, 000311 Minutes of the City Council Moorpark, California Page 10 September 15, 2004 changing the street name for the segment of Los Angeles Avenue east of Collins Drive to Arroyo Drive, as amended for an effective date of July 1, 2005. The motion carried by unanimous voice vote. D. Consider Permit Adjustment No. 2004 -10 for Commercial Planned Development No. 2001 -01: 1) Approval of a Site Plan and Building Elevations for a 4,850 Square -Foot Panera Bread Restaurant Building on Pad 1 of the Moorpark Marketplace; and 2) Approval of a New Sidewalk Section on the West Side of the Food Court, Located South of New Los Angeles Avenue, East of Miller Parkway and West of the SR -23 Freeway on the Application of Zelman Moorpark, LLC. Staff Recommendation: Direct staff to prepare a letter approving Permit Adjustment No. 2004 -10 to Commercial Planned Development No. 2001 -01. Mr. Hogan deferred the staff report due to the late hour. In response to Councilmember Parvin's concern that the westerly ingress /egress for the property conflicts with the major intersection, Mr. Hogan agreed it should be eliminated. MOTION: Councilmember Parvin moved Harper seconded a motion to direct s letter approving Permit Adjustment Commercial Planned Development No. 2001 eliminate the westerly ingress /egress. by unanimous voice vote. and Councilmember taff to prepare a No. 2004 -10 to -01, as amended to The motion carried E. Consider Recommendation of the Council Ad Hoc Committee on the Selleck Property Located on the North Side of New Los Angeles Avenue /White Sage Road Immediatelv East of the State Route 23 Freeway. Staff Recommendation: Approve the Ad Hoc Committee's recommendations with the waiver of the General Plan Pre - Screening filing. Mayor Hunter stated, "The property involved in this item is the subject of a lawsuit between the current and prior owners of the site. On prior occasions this year, when items involving this property have appeared on our agenda, I have recused myself from Minutes of the City Council Moorpark, California Paqe 11 September 15, 2004 participating because of the potential that I may be called as a witness in the lawsuit. While this does not represent a legal conflict of interest, I have recused myself to avoid any appearance of impropriety. Consistent with that practice, I will step off the dais at this point in the proceedings." AT THIS POINT in the meeting, Mayor Hunter left the meeting. The time was 12:05 a.m., September 16, 2004. Mr. Hogan gave the staff report. In response to Mayor Pro Tempore Parvin, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to approve the Ad Hoc Committee's recommendations with the waiver of the General Plan Pre - Screening filing. The motion carried by voice vote 3 -1 with Councilmember Mikos dissenting and Mayor Hunter absent. AT THIS POINT in the meeting, Mayor Hunter returned to the meeting. The time was 12:16 a.m., September 16, 2004. F. Consider an Agreement with Adelphia Communications Corporation dba Century -TCI California, L.P. for Cable Television Franchise Renewal. Staff Recommendation: Approve Franchise Renewal Agreement with Adelphia Communications Corporation, subject to final language approval by the City Manager and City Attorney. Council consensus, earlier in the meeting, was to continue this item to October 6, 2004. G. Consider an Ordinance Amending Section 2.04.055, Compensation, of Chapter 2.04, City Council, of Title 2 of the Municipal Code. Staff Recommendation: Waive full reading and introduce Ordinance No. 307 for first reading. Ms. Traffenstedt gave the staff report. Councilmember Harper stated in the last paragraph on stamped page 249 of the agenda report, the reference to compensation should be deleted. 0003lk 3 Minutes of the City Council Moorpark, California Page 12 September 15, 2004 In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mr. Montes read the title of Ordinance No. 307. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive full reading and introduce Ordinance No. 307 for first reading, as amended to delete the reference to compensation in the first sentence of Section 2.04.055. The motion carried by voice vote 3 -1 with Mayor Hunter dissenting and Councilmember Mikos abstaining. H. Consider Approval of Final Improvement Plans for Walnut Canyon Road in Conjunction with the Approval of Tract No. 5187 (William Lyon Homes). Staff Recommendation: 1) Approve the final improvement plans for Walnut Canyon Road pertaining to Tract 5187; and 2) Direct staff to process a Permit Adjustment to allow for the use of a multi -use trail in lieu of sidewalk north of "A" Street. Mr. Hogan gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mr. Kueny stated Item 2 of staff's recommendation should be clarified to indicate the sidewalk to be on Walnut Canyon Road. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to: 1) Approve the final improvement plans for Walnut Canyon Road pertaining to Tract 5187; and 2) Direct staff to process a Permit Adjustment to allow for the use of a multi -use trail in lieu of sidewalk on Walnut Canyon Road north of "A" Street, as amended to identify the sidewalk to be on Walnut Canyon Road north of "A" Street. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to approve the Consent Calendar with the exception of Items 10.C. and 10.D., which were pulled for 0003`14 Minutes of the City Council Moorpark, California Page 13 September 15, 2004 individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of June 16, 2004. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Reaister for Fiscal Year 2004 -2005 - September 15, 2004. Manual Warrants 117185 - 117190 & $ 49,082.43 Voided Warrant $ 0.00 Payroll Liability 117289 - 117293 $ 1,839.73 Warrants Regular Warrants 117191 - 117275 & $ 36,246.07 117276 - 117288 $ 659,124.56 Staff Recommendation: Approve the warrant register. E. Consider Approval of Professional Services Agreement between the City of Moorpark and Professional Design Incorporated for Landscape Plan Review and Inspection Services. Staff Recommendation: 1) Approve the Agreement, subject to final language approval by the City Manager and City Attorney, and authorize the City Manager to sign the Agreement; and 2) Authorize staff to develop a list of alternate landscape architects for plan check and inspection on a per job basis to be approved by Purchase Order for a not to exceed total amount at an hourly rate up to $80.00 per hour. F. Consider Resolution Amending the Fiscal Year 2004/2005 Solid Waste AB 939 Budget. Staff Recommendation: Adopt Resolution No. 2004 -2245. ROLL CALL VOTE REQUIRED G. Consider Resolution Authorizing the City's Fiscal Year 2004/2005 Transportation Development Act Claim. Staff Recommendation: Adopt Resolution No. 2004 -2246, authorizing the City Manager to sign the FY 2004/05 TDA Claim on behalf of the City for submittal to Ventura County Transportation Commission. 0003215 Minutes of the City Council Moorpark, California Page 14 September 15, 2004 H. Consider Resolution Amending the Conflict of Interest Code of the City of Moorpark and Rescinding Resolution No. 2002 -2020. Staff Recommendation: Adopt Resolution No. 2004 -2247. I. Consider Discussion of the Requirement for the Vacation of that Portion of Lassen Avenue East of Park Lane. Staff Recommendation: Receive and file report. J. Consider Grant Deed of Easement to the City of Moorpark in Relation to Park Lane Improvements. Staff Recommendation: Approve the acceptance of the easement and authorize the City Clerk to prepare, sign and record an acceptance certificate for the Grant Deed of Easement and to record the Grant Deed of Easement and the attachments thereto in the office of the Ventura County Recorder. The following items were pulled for individual consideration. C. Consider City of Moorpark General Plan Annual Report Including the Housing Element Progress Report - September 2003 to August 2004. Staff Recommendation: 1) Receive and file the report; and 2) Direct staff to forward a copy of this report to: Governor's Office of Planning and Research, State Department of Housing and Community Development, and County of Ventura Planning Division. Councilmember Mikos stated the agenda report should be amended to specify Council's previous authorization to file a General Plan Amendment for Comstock Homes to limit development to High Density. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to: 1) Receive and file the report, as amended to specify Council's previous authorization to file a General Plan Amendment for Comstock Homes to limit development to High Density; and 2) Direct staff to forward a copy of the amended report to: Governor's Office of Planning and Research, State Department of Housing and Community Development, and County of Ventura Planning Division. The motion carried by unanimous voice vote. 000316 Minutes of the City Council Moorpark, California Paqe 15 September 15, 2004 D. Consider Resolution Establishing Landscape Design Guidelines and Standards. Staff Recommendation: Adopt Resolution No. 2004 -2244. Councilmember Mikos stat paragraph of Attachment IV agenda report should be "Invasive" in the title, first sentence, and change not" in the first sentence. ed the title and first on stamped page 351 of the amended to keep the word keep "undesirable" in the "are generally not" to "are MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2004 -2244, as amended to correct the title of Attachment IV to read "Invasive Prohibited Plant List" and to amend the first paragraph to read "the following undesirable plant species are not be used in landscape plans within the City." The motion carried by unanimous voice vote. 11. ORDINANCES: A. Consider Ordinance No. 304, An Ordinance of the Cit of Moorpark, California, Amending Chapter 17.12 (Establishment of Zones, Boundaries, and Maps), Chapter 17.20 (Uses by Zone), and Chapter 17.44 (Entitlement - Process and Procedures) of the Moorpark Municipal Code Related to Entitlement Review Requirements for Certain Uses. Staff Recommendation: Declare Ordinance No. 304 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 304. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive further reading, declare Ordinance No. 304 read for the second time, and adopted as read. The motion carried by unanimous voice vote. 12. CLOSED SESSION: None was held. 000317 Minutes of the City Council Moorpark, California Page 16 September 15, 2004 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 12:29 a.m., September 16, 2004. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 00038 MINUTES OF THE CITY COUNCIL Moorpark, California October 20, 2004 A Regular Meeting of the City Council of the City of Moorpark was held on October 20, 2004, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7:16 p.m. 2. PLEDGE OF ALLEGIANCE: Joseph Montes, City Attorney, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Kenneth Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Cynthia Borchard, Administrative Services Director; Brad Miller, City Engineer; Captain Richard Diaz, Sheriff's Department; David Bobardt, Planning Manager; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation Recognizing October 17 -23, 2004, as Mediation Week. Mayor Hunter presented James Lingl, President of the Board of Directors of Ventura Center for Dispute with a Proclamation recognizing October 17 -23, 2004, as Mediation Week. B. Proclamation Recognizing October 23 -31, 2004, as Red Ribbon Week. 00 3A Minutes of the City Council Moorpark, California Pacae 2 October 20, 2004 Mayor Hunter presented Captain Richard Diaz with a Proclamation recognizing October 23 -31, 2004, as Red Ribbon Week. C. Proclamation Recognizing October 2004 as Breast Cancer Awareness and End Domestic Violence Month. Mayor Hunter presented Bonnie Warrington, Camino Real Regional Legislative Advocate for Soroptimist International Group with a Proclamation recognizing October 2004 as Breast Cancer Awareness and End Domestic Violence Month. D. City Manager's Monthly Report. Captain Diaz gave the monthly report. 5. PUBLIC COMMENT: Cindy Hollister, a Moorpark resident, spoke about her disappointment at the lack of approval for the Candidate's Forum; and that the video of that meeting is still unavailable on the City's webpage. Bruce Thomas, a Moorpark resident and candidate for Councilmember, spoke about his reasons for running for Council and addressed areas of concern to voters. Janet Murphy, Co- Project Manager of Save Open Space /Santa Susana Mountains (SOS) spoke of her concerns regarding the critical habitat for the Coastal California Gnatcatcher and preservation of breeding habitat for mountain lions. Cori Martinez, Board Member of SOS, emphasized the importance of preserving the wildlife habit on the North Park project; and stated Ventura County has the potential for preserving this area by creating an open space district. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 8:05 p.m. The City Council meeting reconvened at 8:06 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Hunter requested Item 10.I. be pulled from the Consent Calendar for individual consideration. 00030 Minutes of the City Council Moorpark, California Paae 3 October 20, 2004 Councilmember Harper requested Item 10.C. be pulled from the Consent Calendar for individual consideration. CONSENSUS: It was the consensus of the Council to pull Items 10.C. and 10.I. from the Consent Calendar for individual consideration. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Millhouse announced the Moorpark High School Girls Soccer program is looking for equipment donations and sponsors and anyone interested in supporting this youth sport should contact Karen Lindsey at Troop Realty. Councilmember Millhouse announced the Moorpark High School Academic Decathlon team has reformed under Coach Larry Jones' direction and they are looking for sponsors. 8. PUBLIC HEARING: A. Consider General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01, and Zone Change No. 2001 -02 for 1,650 Housing Units on 3,586.3 Acres Located Generally North of Moorpark College and State Route 118 on Land Immediately Outside City of Moorpark Municipal Boundaries, on the Application of North Park Village LP. (continued from September 15, 2004, with public hearing open) Staff Recommendation: Continue to take testimony in the open public hearing, and continue the agenda item with the public hearing open to November 17, 2004. Mr. Bobardt gave the staff report. Mayor Hunter proposed the Council take preliminary questions of staff, hear from the public so they do not have to wait, and then engage in dialogue regarding last month's issues and this evening's staff report. The majority of the Council preferred to hear the public speakers prior to taking questions from Council with Councilmember Mikos in opposition. Mayor Hunter stated the public hearing remains open. 0003 IL Minutes of the City Council Moorpark, California Pacae 4 October 20, 2004 Kim Kilkenny, representing North Park, 680 Walnut Street, Moorpark, spoke about technical inconsistencies between the Lake Management Plan, the Lake Master Plan; and the Ground Water Quality reports which will be revised to eliminate any confusion; and referenced conversations with the new owner of the Unocal property in regard to acquiring the access road between the interchange and the project area. Dorothy Ventimiglia, a Moorpark resident, spoke in regard to negative impacts from grading; soil contamination from oil fields; Valley Fever; diesel fumes from heavy equipment; migration of pollution from nearby Simi landfill; the Environmental Impact Report (EIR) notation of two toxic plumes with source unknown; and whether the lake is on toxic soil. Tony Banducci, a Moorpark resident, spoke in opposition to the project expressing concerns about the EIR, transportation infrastructure, the lake and ballot measures. John Shishino -Cruz, a Moorpark resident, spoke in opposition to the project citing health concerns related to Valley Fever. Linda Shishino -Cruz, a Moorpark resident, spoke about health and safety issues associated with the lake; the need for a new EIR; and improvements to infrastructure. James Roller, representing Save Open Space, spoke in regard to the voter information packet; toxic soils testing for Phase II; West Nile Virus; other health issues associated with the project; and cost of the project to the City. Suzanne Wilson, a Moorpark resident, questioned school impacts; inconsistencies needing clarification; access road acquisition; and asked why the General Plan should be changed. Steve Nardi, a Moorpark resident, spoke in opposition to the project citing traffic impacts, noise pollution, and questionable acquisition of freeway land. (j 0 0 10 ate. Minutes of the City Council Moorpark, California Paae 5 October 20, 2004 Janet Murphy, a Moorpark resident, stated questions on the EIR have not been answered and the testimony at the Council meeting of September 15, 2004, by Joe Edmiston, Executive Director of the Santa Monica Mountains Conservancy is questionable. Jim Swing, a Moorpark resident, read a letter from Thomas Duck addressed to the Council, raising questions on oil wells, schools, and traffic; and requesting an independent committee evaluate the North Park proposal. Tim Rosevear, a Moorpark resident, spoke in opposition to the project citing traffic congestion and changes to the current zoning. Martin Keats, a Moorpark business owner, expressed concerns over the need for another high school and more information on the status of the off -ramp. In response to Mayor Hunter, Ms. Traffenstedt stated there were 23 Written Statement cards, 18 in favor of the project and 5 in opposition. She stated copies would be provided to the Council. AT THIS POINT in the meeting the City Council recessed. The time was 9:16 p.m. The City Council meeting reconvened at 9:45 p.m. Mr. Kilkenny spoke in regard to completing a Development Agreement prior to going to a vote; and meeting with the County of Ventura to discuss an adjustment to the property tax share for Moorpark on the annexed land. Mr. Kilkenny responded to the concerns expressed by the public in regard to Valley Fever, West Nile Virus, EIR mitigations for presentation next month; and traffic improvements. MOTION: Councilmember Harper and Councilmember Parvin seconded a motion to continue the item with public hearing open, to November 17, 2004. The motion carried by unanimous voice vote. B. Consider Resolutions Continuing Public Hearings Concerning the Formation of Community Facilities District No. 2004 -1 (Moorpark Hiqhlands) and Communitv 0 0033 Minutes of the City Council Moorpark, California Paae 6 October 20, 2004 Facilities District No. 2004 -2 (Moorpark Vistas) to December 15, 2004. Staff Recommendation: Open public hearing, accept public testimony, and adopt Resolutions Nos. 2004 -2253 and 2004 -2254, continuing the agenda item with public hearing open to December 15, 2004. Mr. Riley gave the staff report. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adopt Resolutions No. 2004 -2253 and 2004 -2254, continuing this item with public hearing open to December 15, 2004. The motion carried by unanimous voice vote. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Authorizing Use of City Marquee Signs and Portable Lights for Rotary Club Civil War Reenactment Event Scheduled for November 6 and 7, 2004, at Tierra Rejada Ranch. Staff Recommendation: Approve use of City marquee signs to include the name, date, time, and location of the event, and approve use of City portable lights, subject to insurance and waiver of liability requirements. Ms. Traffenstedt gave the staff report. Dale Parvin, representing the Moorpark Rotary Club, stated the lighting is for the safety of the community during a new nighttime performance. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve use of City marquee signs to include the name, date, time, and location of the event, and approve use of City portable lights, subject to insurance and waiver of liability requirements. The motion carried by unanimous voice vote. B. Consider Appointment of City Council Representative to the Ventura County Transportation Commission (VCTC). 0 0034 Minutes of the City Council Moorpark, California Paae 7 October 20, 2004 Staff Recommendation: Designate a City Councilmember as the City representative to the VCTC. Councilmember Millhouse gave the staff report and stated he would like to serve again as the City's representative. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to designate Councilmember Millhouse to serve as the City's representative to the VCTC. The motion carried my unanimous voice vote. C. Consider Award of Purchase Contract Totaling $220,683.10 for Furniture for the Police Services Center. Staff Recommendation: Award Purchase Contract to Purchase Planners Group in the amount of $220,683.10, consistent with the agenda report. Mr. Riley gave the staff report. Chuck Larson, Russco, 4522 Market Street, Ventura, spoke in regard to his unsuccessful bid. Rosemary Hooke, Esq., counsel for Purchase Planners Group, stated Mr. Larson's information is out dated, Larry Tanaguchi, representing WWCOT, 3130 Wilshire Boulevard, Los Angeles, California stated he is available for questions. AT THIS POINT in the meeting the Mayor Hunter requested that the City Council go into closed session for one case under Item 12.A. Mr. Montes announced that the facts and circumstances creating significant exposure to litigation consist of verbal testimony received for this agenda item threatening litigation regarding whether a contractor's license is needed to perform certain work at the Police Services Center. CONSENSUS: It was the consensus of the Council to adjourn to closed session for a discussion of one case under Item 12.A. The time was 11:17 p.m. 0 Q03�5 Minutes of the City Council Moorpark, California Paqe 8 October 20, 2004 12. CLOSED SESSION: A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) Present in closed session were Councilmembers Harper, Mikos, Millhouse, and Mayor Hunter. Councilmember Parvin arrived at 11:23 p.m. The Council reconvened into open session at 11:24 p.m. Mr. Kueny stated that one case under Item 12.A. was discussed and there was no action to report. AT THIS POINT in the meeting, the Council returned to Presentation /Action /Discussion Item 9.C. on the agenda. 9. C. (continued) MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to award a Purchase Contract to Purchase Planners Group in the amount of $220,683.10, consistent with the agenda report. The motion carried my unanimous voice vote. D. Consider Ordinance Amending Chapter 2.36, Planning Commission, of Title 2 Administration and Personnel of the Moorpark Municipal Code. Staff Recommendation: Introduce Ordinance No. 309 for first reading and schedule second reading and adoption for November 3, 2004. Mr. Hogan gave the staff report. Mayor Hunter requested the verbiage in section 2.36.20 reflect "all appointments" shall occur at the reorganization meeting. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mr. Montes read the title of Ordinance No. 309. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive full reading and introduce Ordinance No. 309 for first reading, as amended 0 00306 Minutes of the City Council Moorpark, California Page 9 October 20, 2004 for Section 2.36.020 to reflect "all appointments" shall occur at the reorganization meeting of the City Council. The motion carried by unanimous voice vote. E. Consider the Draft 2004 Congestion Management Plan. Staff Recommendation: Direct staff as deemed appropriate. Mr. Millhouse requested this item be continued to November 3, to allow more time for review. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to continue this item to November 3, 2004. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of Item 10.C. and 10.I., which were pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of April 7, 2004. Consider Approval of Minutes of Special Meeting of October 6, 2004. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2004 -2005 - October 20, 2004. Manual Warrants Voided Warrant Payroll Liability Warrants Regular Warrants 117450 - 117454 117455 - 117459 117460 - 117551 117552 - 117568 $ 49,204.22 $ (0.00) $ 1,878.33 $ 42,694.09 $ 839,704.56 UQ03'''7 Minutes of the City Council Moorpark, California Page 10 October 20, 2004 Staff Recommendation: Approve the warrant register. D. Consider Notice of Completion for the Spring Road Parkway Tree Replacement Project (Project 8054). Staff Recommendation: Accept the work as complete. E. Consider Notice of Completion for the Bus Shelter Project 2003 BS -l. Staff Recommendation: Authorize the City Clerk to file the Notice of Completion, release the balance of payment thirty -five (35) days after the Notice of Completion records, and release bonds consistent with the contractual procedures. F. Consider Procurement and Installation of Transit Bus Shelters. Staff Recommendation: Authorize the purchase of twelve bus shelters for installation at locations identified in the agenda report. G. Consider Resolution Adopting the Annual Investment Policy for Fiscal Year 2004 -05 for the City of Moorpark. Staff Recommendation: Adopt Resolution No. 2004 -2255. H. Consider Resolution Amending the Fiscal Year 2004 -05 Budget for the Receipt of Funds Received from Pardee Homes in Accordance with the Subdivision Improvement Agreement Dated May 14, 2004. Staff Recommendation: Adopt Resolution No. 2004 -2256. ROLL CALL VOTE REQUIRED J. Consider Resolution Authorizing the City Manager, the Assistant City Manager, or the Director of Administrative Services to Act on Behalf of the City of Moorpark for the Purpose of Obtaining Federal Financial Assistance Provided by the U.S. Department of Homeland Security, and Acceptance of the Homeland Security Grant. Staff Recommendation: 1) Adopt Resolution No. 2004 -2257 and; 2) Authorize the City Manager to sign the confirmation of requested purchases /expenditures and the grant assurances. 0 0038 Minutes of the City Council Moorpark, California Page 11 October 20, 2004 The following items were pulled for individual consideration: C. Consider Co- sponsorship of First -Time Home Buyer Workshops. Staff Recommendation: Approve waiver of room rental fees except any City out -of- pocket costs for the First -Time Home Buyer Workshop to be held October 30, 2004. Councilmember Harper stated he had pulled this item to request Council waive all fees and have the City fully fund all costs. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to approve staff recommendation, as amended, for the City to waive all fees and fully fund all costs for the First -Time Home Buyer Workshop to be held October 30, 2004. The motion carried by unanimous voice vote. I. Consider Report of Annual Development Agreement Review Established in Connection with Industrial Planned Development No. 1995 -02 and Tract No. 5004 (Special Devices, Incorporated [SDI] and Daniel F. Selleck). Staff Recommendation: 1) Accept the Community Development Director's Report and recommendation, and find, on the basis of substantial evidence, that SDI and Selleck have complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. Mayor Hunter stated he had pulled this item as he intends to abstain from the vote. MOTION: Councilmember Millhouse Harper seconded a motion to: Development Director's Report and on the basis of substantial evide have complied in good faith with of the agreement; and 2) Deem t complete. The motion carried by Hunter abstaining. 11. ORDINANCES: moved and Councilmember 1) Accept the Community recommendation, and find, ice, that SDI and Selleck the terms and conditions ie annual review process Dice vote 4 -0, with Mayor A. Consider Ordinance No. 308, An Ordinance of the City Council of the City of Moorpark, California, Addin 0003 0021 9 Minutes of the City Council Moorpark, California Paae 12 October 20, 2004 Chapter 10.22 to the Moorpark Municipal Code Relating to the Cost Recovery of Police Emergency Response Services. Staff Recommendation: Declare Ordinance No. 308 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 308. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive further reading, declare Ordinance No. 308 read for the second time, and adopted as read. The motion carried by unanimous voice vote. 12. CLOSED SESSION: None was held at this time. 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 11:36 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 600300 MINUTES OF THE CITY COUNCIL Moorpark, California February 2, 2005 A Regular Meeting of the City Council of the City of Moorpark was held on February 2, 2005, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1 2. M CALL TO ORDER: Mayor Pro Tempore Harper called the meeting to order at 7:17 p.m. PLEDGE OF ALLEGIANCE: John Roberts, former Parks and Recreation Commissioner, led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Mayor Tempore P.M.) Mikos, Millhouse, Parvin, Harper and Mayor Hunter (7:25 Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Kenneth Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Brad Miller, City Engineer; Captain Richard Diaz, Sheriff's Department; Johnny Ea, Budget & Finance Manager; John Brand, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. PROCLAMATIONS AND COMMENDATIONS: A. Certificate of Recognition of John Roberts as Moorpark Police Department's 2004 Volunteer of the Year. Mayor Pro Tempore Harper presented John Roberts with a certificate of recognition as Moorpark Police Department's 2004 Volunteer of the Year; and Captain Richard Diaz presented him with a plaque honoring him for his dedication to the volunteer program. (600331_ Minutes of the City Council Moorpark, California Page 2 February 2, 2005 B. Proclamation Recognizing February 2005 as Interface Children Family Services and United Way of Ventura County 2 -1 -1 Month. Mayor Pro Tempore Harper presented Eve Liebman, Campaign Division Director from United Way with a proclamation recognizing February 2005 as Interface Children Family Services and United Way of Ventura County 2 -1 -1 Month. Ms. Liebman gave a presentation on the services provided by the new 2 -1 -1 service and then presented a plaque to the City of Moorpark honoring the employee contributions of over $5,100 to United Way for 2004- 2005 campaign. AT THIS POINT in the meeting Mayor Hunter arrived. The time was 7:25 p.m. 5. PUBLIC COMMENT: Nancy Bowden, a Moorpark resident, asked the Council to look into the situation of traffic congestion created by the traffic signal at Casey Road affecting access to Walnut Canyon School. Raymond Hebel, a Moorpark resident, spoke on behalf of his fellow neighbors affected by adjacent truck traffic on State Route 118 and the need for a sound barrier /protection wall. Gerald Goldstein, a Moorpark resident, spoke in regard to enforced cleanup of his property. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Parvin requested a status on Caltrans' pothole repair on Los Angeles Avenue stating it is very dangerous with traffic swerving to miss the holes. Mayor Hunter asked Mr. Gilbert to contact Caltrans on behalf of the City Council to request the repairs be made correctly. 0 () ®3 03 2 Minutes of the City Council Moorpark, California Paae 3 February 2, 2005 Councilmember Millhouse stated Caltrans funding from the State has been reduced and that is why Measure B was placed on the 2004 November ballot; and stated he will also talk to Caltrans. Councilmember Harper requested a Metrolink spokesperson be scheduled for a future agenda to discuss the recent train derailment tragedy in Glendale; how to prevent future such incidents; and what can be done to make train travel safer. Councilmember Millhouse went on to commend the heroic efforts of the Metrolink engineer who took the few seconds he had to warn travelers of the impending impact, resulting in many lives saved. Mayor Hunter asked staff to provide the Council with a mail box item report on this subject and when this can be agendized to allow extra time for a presentation from Metrolink. 8. PUBLIC HEARING: None. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Alternative Recommendation for the Ventura County Library District Structure and Financial Policies. Staff Recommendation: Make no changes to the City Council's October 6, 2004, action. Ms. Lindley gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Councilmember Harper suggested a possible compromise endorsement of Option 4 with the understanding that Moorpark's base would be increased to 54 -hours of operation. Councilmember Millhouse stated possibly working with the Moorpark Unified School District and Moorpark College would better serve our community. 000333 Minutes of the City Council Moorpark, California Page Mayor Hunter concurred suggestion and offered releasing only 500 of the back into the system to libraries. 4 aith an uni see February 2, 2005 Councilmember Harper's intermediate step of ncorporated property tax if it stimulates other Mr. Kueny stated Councilmember's Harper's 54 -hour proposal would change the Memorandum of Understanding. Councilmember Mikos stated the consultant indicates the MOU was not a good idea and she recommends exploring the use of a Joint Powers Authority. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion for Library Commission funding with service levels of Option 4 along with an amendment to relinquish no more than 50- percent of property tax revenue from the County unincorporated areas; to discuss overriding the current Memorandum of Understanding governance in favor of a Joint Powers Authority; and to explore alternative forms of library service including discussions with Moorpark College and the Moorpark Unified School District. Councilmember Parvin stated she did not see the necessity of having to include discussions with the college and school district in the motion. AMENDMENT TO PRIOR MOTION: Mayor Hunter amended his prior motion and Councilmember Harper seconded the amendment to the prior motion to withdraw the reference to discussions with Moorpark College and the Moorpark Unified School District. The amended motion carried by voice vote 4 -1, with Councilmember Millhouse dissenting. MOTION: Councilmember Harper moved and Mayor Hunter seconded a motion proposing a future agenda item to form an ad hoc committee to explore alternative forms of library service including discussion with Moorpark College and the Moorpark Unified School District. The motion carried by unanimous voice vote. AT THIS POINT in the meeting the Council declared a recess. The time was 8:43 p.m. The Council reconvened at 8:54 p.m. B. Consider Resolution Authorizing the City Manager to Enter into an Agreement with the Ventura County Area Agency on Aging for the Operation of the Moorpark 000334 Minutes of the City Council Moorpark, California Page 5 February 2, 2005 Senior Nutrition Program. Staff Recommendation: Adopt Resolution No. 2005 -2287. Ms. Lindley gave the staff report and amended the title of the Resolution. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2005 -2287, as amended to correct the title. The motion carried by unanimous voice vote. C. Consider Providing Comments on Possible Unmet Transit Needs to the Ventura County Transportation Commission and Receive Report on Unmet Transit Needs Findings and Goals. Staff Recommendation: Provide comments and direct staff to forward them to VCTC prior to the end of the public comment period. Mr. Brand gave the staff report. Steve Ducharme, a to the new Ventura his electric wheel too short. Gerald Goldstein, a to handicap access and the lack of Ventura County. Moorpark resident, spoke in regard County buses' inability to support chair as the handicapped lift is Moorpark resident, spoke in regard to buses for those using walkers any continuous bus route through MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to send a comment letter to VCTC to include the unmet need for wheel chair accessibility on new transit services. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California Page 6 February 2, 2005 A. Consider Approval of Warrant Register for Fiscal Year 2004 -2005 - February 2, 2005. Manual Warrants Voided Warrant Payroll Liability Warrants 118294 $ 32,444.43 $ (0.00) 118289 - 118293 $ 1,824.00 Regular Warrants 118295 - 118368 & $ 39,196.41 118369 - 118389 $ 1,057,650.02 Staff Recommendation: Approve the warrant register. B. Consider Awarding a Contract for a Project to Construct the Spring Road Median Landscaping North of Second Street and to Replace the Parkway Trees on the East Side of Tierra Rejada Road South of Courtney Lane. Staff Recommendation: Approve the award of a construction contract to Martinez Landscape Company for the construction of the subject project. ROLL CALL VOTE REQUIRED C. Consider Continuation of Local Emergency. Staff Recommendation: Continue the proclamation of a local emergency. D. Consider Approval of a Memorial Donation for Poindexter Park and Resolution Amending Fiscal Year 2004/05 Budget. Staff Recommendation: Approve the memorial bench donation and adopt Resolution No. 2005- 2288, amending the FY 2004/05 budget. ROLL CALL VOTE REQUIRED E. Consider Shadyridge Buffer Zone Vehicle Gates Moorpark Administrative Procedure. Staff Recommendation: Receive and file. F. Consider Resolution Authorizing Revisions to the City's Police Service Rates and False Alarm Bill Rates and Rescinding Resolution No. 98 -1491. Staff Recommendation: Adopt Resolution No. 2005 -2289. G. Consider Approval of Plans and Specifications and Authorization to Advertise for a Project to Construct a Sub -Drain on Little Hollow Place. Staff Recommendation: Approve the plans and specifications 0 () U6 Minutes of the City Council Moorpark, California Page 7 February 2, 2005 for the subject project and authorize staff to advertise for receipt of bids for construction of the project. H. Consider Rejection of Claims: Deborah Freeborn; Voss Enterprises dba McDonald's Restaurant; Debbie Voss, Interested Party - President; Fifth Avenue Cleaners dba Linda Jean Fisher; Chol Ho K e dba Towne Cleaners; Steven Minor dba Sabre Mortgage; 3H Network, Inc. dba Subway; Michelle Kay, interested part - Director of Administration; Dave DiTomaso, Interested Party - President; Transition Board Shop, Inc.; Mike Dillehay, Interested Party - President; Brody Tre'os, Interested Party - Vice President and Treasurer; Robert Lerma, Michael Lopez and Alfredo Guiterrez dba 805 Automotive & Customs; Mike Grewal and James Wu dba Postnet; J. Bellanca Interiors, Inc. dba Traditions; Joanne Sheftel, Interested Party; Barbara Simmons dba Moorpark Family Billiards; Jackie Jankowski, Interested Party; Robert Cedano dba Roberto's Fresh Mexican Grill; Young Chozl Kwon dba Take Sushi; En en Enterprises, Inc. dba Taco Bell; David A. En en, Interested Party; Randall Smith and Frank Can elosi dba Moorpark Cleaners; Moldavon, Inc. dba Pet Life; Gary Moldavon, Interested Party; Tony Habroun and Joann Habroun, Individually and dba Moorpark Liquor and Jr. Market; Digital Plus One Hour Photo, Inc.; Antoine Nazarian, Interested Party - President; Jun Kyo Park dba BJ's Cafe; Taure Banks; Susan Banks; Sandra Hansen; and Iron Horse Saddlery, LLC; Todd Guillette dba Todd's Japanese Connection; Waseli Corp. dba Two Guys from Italy; Waltrant Auer, Interested Party; Dave Pardo, Individually; Tracy Pardo, Individually; Dave Pardo and Tracy Pardo dba Anderson's Jewelers; G & S Auto Services, Corp., dba Moorpark Auto Spa & Lube Express; Mohammad Sheshebor, Interested Party - Vice President; Eddie Gharba hi, Interested Party - President; Golden Choice, Inc. dba Grinder Restaurant; Ray Yassini, Interested Party - President; Mark Fiore, Interested Party - Manager; and Escadrille Holdings, LLC dba Jiffy Lube #2888; Andrew D. Hall, Interested Party; ATCO Enterprises, Inc. dba Tobacco Zone; Sam Zayyad, Interested Party; and Gavle Adler. Staff Recommendation: Reject the claims and direct staff to send a standard rejection letter to the claimants. 0 00337 Minutes of the City Council Moorpark, California Paqe 8 February 2, 2005 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Kueny requested discussion of one under Item 12.B. on the City Council case under Item the agenda. go into closed session 12.A. and three cases Mr. Montes announced that the facts and circumstances creating significant exposure to litigation consist of multiple claims received that relate to the Calleguas Municipal Water District pipeline project along Los Angeles Avenue and a written communication from the attorney representing claimants requesting a possible tolling agreement with the City. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to adjourn to closed session for discussion of one case under Items 12.A. and three cases under Item 12.B. on the agenda. The motion carried by unanimous voice vote. The time was 9:15 p.m. A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) 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) Present in closed session were Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; Kenneth Gilbert, Public Works Director; Barry Hogan, Community Development Director; Brad Miller, City Engineer; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 9:57 p.m. Mr. Kueny stated one case under Item 12.A., and three cases under Item 12.B. were discussed and there was no action to report. 0 0VVv8 Minutes of the City Council Moorpark, California Paae 9 February 2, 2005 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 9:57 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 000339 MINUTES OF THE CITY COUNCIL Moorpark, California February 16, 2005 A Regular Meeting of the City Council of the City of Moorpark was held on February 16, 2005, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7:17 p.m. 2. PLEDGE OF ALLEGIANCE: Mary Lindley, Community Services Director, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Kenneth Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Brad Miller, City Engineer; Captain Richard Diaz, Sheriff's Department; Laura Stringer, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. City Manager's Monthly Report. Barry Hogan, Community Development Director gave the monthly report. 5. PUBLIC COMMENT: None. The City Council meeting was recessed at 7:36 p.m. to convene the Redevelopment Agency meeting and reconvened at 8:10 p.m. 000340 Minutes of the City Council Moorpark, California Page 2 February 16, 2005 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Mikos requested Consent Calendar Item 10.A. be scheduled for a future meeting and Item 10.C. be pulled from the Consent Calendar for individual discussion. CONSENSUS: It was the consensus of the Council to schedule Item 10.A. for a future meeting and pull Item 10.C. from the Consent Calendar for individual consideration. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Millhouse announced a golf tournament to be held March 14th at the Moorpark County Club to raise funds for cancer related medical treatment for Breanna Pflaumer. Councilmember Millhouse congratulated the Moorpark High School Academic Decathlon Team for winning at the county level; and stated the team needs donations to allow them to move on to the state competition. Councilmember Harper stated the Theater on High Street Melodrama is back in action with a final performance added for the coming weekend. Councilmember Mikos reported the Moorpark High School Jazz Ensemble gave a fantastic performance at the Thousand Oaks Civic Arts Plaza where their band teacher was honored with an award. Mayor Hunter requested the Art in Public Places Committee convene to prepare written suggestions on types of art and placement locations for the new Police Services Center, the remnant piece of property across the street from it, and for the potential new Civic Center. Mayor Hunter requested the Transportation and Streets Committee re- examine the traffic signal at Tierra Rejada Road and Miller Parkway, as it does not appear to be functioning properly, causing delays for east /westbound traffic. Mayor Hunter announced City staff is continuing repairs of potholes on City streets; and requested staff implement more street sweeping around public improvement projects. 000341 Minutes of the City Council Moorpark, California Page 3 February 16, 2005 8. PUBLIC HEARINGS: A. Consider Resolutions Continuing Public Hearings Concerning the Formation of Community Facilities District No. 2004 -1 (Moorpark Highlands) and Community Facilities District No. 2004 -2 (Moorpark Vistas) to March 16, 2005. (continued from January 19, 2005, with public hearing open) Staff Recommendation: 1) Continue to take testimony in the open public hearing; and 2) Adopt Resolutions Nos. 2005 -2290 and 2005 -2291 continuing the open public hearings to March 16, 2005. Mr. Riley gave the staff report. Mayor Hunter stated the public hearing remains open. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to adopt Resolutions Nos. 2005 -2290 and 2005 -2291 continuing the open public hearings to March 16, 2005. The motion carried by unanimous voice vote. B. Consider Proposals for Community Development Block Grant (CDBG) Funds ($186,292) for Fiscal Year (FY) 2005/2006. Staff Recommendation: 1) Open the public hearing and receive public testimony for consideration in the appropriation of FY 2005/2006 CDBG funds estimated to total approximately $186,292; and close the public hearing; 2) Refer this matter to the Budget and Finance Committee for review prior to the next regularly scheduled City Council meeting, directing the Committee to prepare a recommendation for final appropriations for City Council consideration at the regular meeting scheduled for March 16, 2005; and 3) Continue this item with the public hearing closed to the meeting of March 16, 2005. Ms. Stringer gave the staff report. Mayor Hunter opened the public hearing. Sylvia Munoz Schnopp, Regional Manager of Women's Economic Ventures, 360 Mobil Avenue, Suite 311 -A, Camarillo, described the attributes of the program and requested funding. 000 ti Minutes of the City Council Moorpark, California Page 4 February 16, 2005 Martha Zeiher, Director of Fund Raising for Loving Heart Hospice Foundation, 5400 Atlantis Court, Moorpark, requested funding and described how the money would be used. Jim Stueck, Board President of Ventura County Long Term Care Ombudsman, 2021 Sperry Avenue, No. 35, Ventura, thanked the City for past support and asked for continued support and solicited volunteers. Jim Mangus, Director at Food Share in Ventura County, thanked the City for previous support and requested funding for this year. In response to Mayor Hunter, Ms. Traffenstedt stated there is one Written Statement Card from Douglas Martin, representing Consumer Credit Counseling Services of Ventura County describing the attributes of the program and requested funding. Mayor Hunter closed the public hearing. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to: 1) Refer this matter to the Budget and Finance Committee for review prior to the next regularly scheduled City Council meeting, directing the Committee to prepare a recommendation for final appropriations for City Council consideration at the regular meeting scheduled for March 16, 2005; 2) Continue this item with the public hearing closed to the meeting of March 16, 2005; and 3) Direct staff to send a letter to federal and state representative expressing opposition to the national movement to eliminate CDBG funds. The motion carried by unanimous voice vote. C. Consider an Amendment to Specific Plan No. 95 -02 Relating to the Development Standards of Specific Plan No. 2; Zoning Ordinance Amendment No. 2004 -05, a Request to Amend Chapter 17.74 of the Moorpark Municipal Code Relating to the Development Standards of Specific Plan No. 2; and Residential Planned Development Nos. 2004 -02 and -03, for Construction of a Total of 132 Single - Family, Detached Residential Units within Specific Plan No. 2, Located Approximately One -Half Mile North of the Northerly Terminus of Spring Road and Three - Fourths of One Mile East of Walnut Canyon Road, on the Application of Pardee Homes. Staff Recommendation: 1) Do not hold a 000343 Minutes of the City Council Moorpark, California Paae 5 February 16, 2005 public hearing or take public testimony; and 2) Remove the item from the City Council Agenda calendar and direct staff to re- advertise and re- notice. Mr. Hogan stated due to a problem with noticing this item will need to be rescheduled to a future date. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to remove the item from the City Council Agenda calendar and direct staff to re- advertise and re- notice. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the City Council recessed. The time was 8:49 p.m. The meeting reconvened at 9:03 p.m. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Report on January 2005 Winter Storm. Staff Recommendation: Direct staff as deemed appropriate. Mr. Miller gave the staff report. Jarrod Degonia, representing County Supervisor Judy Mikels, responded to Council questions and concerns about the lack of coordinated action by different County agencies and departments. He provided information on County communications during the January 2005 Winter Storm and announced a meeting next Wednesday between General Services, Watershed Protection District and the Department of Fish and Game at Happy Camp Canyon Regional Park. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. CONSENSUS: It was the consensus of the Council to receive and file the staff report. B. Consider Draft Seven Year Capital Improvement Proaram (CIP) for Streets and Roads. Staff Recommendation: 1) Consider possible changes to the draft document as deemed necessary and appropriate; 2) Direct staff to forward the draft document, as amended, to the Planning Commission for review and comment, as required by Section 65401 of the Government Code; and 3) Direct staff to bring the draft document back to the City Council for final approval. 000344 Minutes of the City Council Moorpark, California Paae 6 Mr. Gilbert gave the staff report. February 16, 2005 In response to Mayor Hunter Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to: 1) Direct staff to forward the draft document to the Planning Commission for review and comment, as required by Section 65401 of the Government Code; and 2) Direct staff to bring the draft document back to the City Council for final approval. The motion carried by unanimous voice vote. C. Consider Resolution Amending the Fiscal Year 2004/05 Budget to Fund the Procurement of Certain Equipment Deemed Necessary to Facilitate the City's Emergency Response Efforts. Staff Recommendation: Adopt Resolution No. 2005 -2292. ROLL CALL VOTE REQUIRED Mr. Gilbert gave the staff report. In response to Mayor Hunter Ms. Traffenstedt stated there were no speakers. Mayor Hunter suggested the Gas Tax Fund should provide half of the funding. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to adopt Resolution No. 2005 -2292, as amended to provide for equal funding from the Gas Tax Fund and the General Fund. The motion carried by unanimous roll call vote. D. Consider Awarding a Contract for the Construction of the Los Angeles Avenue /Beltramo Ranch Road Widenin Project and Adoption of a Resolution Amending the Fiscal Year 2004/05 Budget to Revise the Project Appropriations. Staff Recommendation: 1) Approve the award of a construction contract to Berry General Engineering, Inc. for the construction of the subject project; and 2) Adopt Resolution No. 2005 -2293. ROLL CALL VOTE REQUIRED Mr. Gilbert gave the staff report. In response to Mayor Hunter Ms. Traffenstedt stated there were no speakers. 000345 Minutes of the City Council Moorpark, California Paqe 7 February 16, 2005 MOTION: Councilmember Harper seconded a motion construction contract to for the construction of Resolution No. 2005 -2293. roll call vote. Parvin moved and Councilmember to: 1) Approve the award of a Berry General Engineering, Inc. the subject project; and 2) Adopt The motion carried by unanimous E. Consider Status Report on Mission Statement, Priorities, Goals and Objectives for Fiscal Year 2004/2005 and Direction for Fiscal Year 2005/2006. Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny stated a request has been received to allow more time for Council review; and recommended a continuance to March 2, 2005. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. CONSENSUS: It was the consensus of the Council to continue this item to March 2, 2005. 10. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to approve the Consent Calendar with the exception of Items 10.A. and 10.C., which were pulled for individual consideration. The motion carried by unanimous roll call vote. B. Consider Approval of Warrant Register for Fiscal Year 2004 -2005 - February 16, 2005. Manual Warrants Voided Warrant 118395 - 118398 118492 & 118493 $ 48,180.84 $ (0.00) Payroll Liability 118390 - 118394 & $ 1,708.75 Warrants 118504 - 118508 $ 1,708.75 Regular Warrants 118399 - 118488 & $ 38,213.15 118489 - 118503 $ 633,897.98 Staff Recommendation: Approve the warrant register. 01003-16 Minutes of the City Council Moorpark, California Page 8 February 16, 2005 D. Consider Release of Letter of Credit for Moorpark Club Partners, LLC. Staff Recommendation: Authorize the City Clerk to release Letter of Credit #0491. E. Consider Final Map Approval for Tract Map No. 5394. Staff Recommendation: Authorize the Mayor and City Clerk to sign and the City Clerk to cause Parcel Map 5394 to be recorded in the office of the Ventura County Recorder. F. Consider Continuation of Local Emergency. Staff Recommendation: Continue the proclamation of a local emergency. G. Consider Design and Specifications for New Plavaround Equipment at Virginia Colony Park and Waiver of the City's Purchasing Procedures. Staff Recommendation: Approve the design and specifications for the replacement of playground equipment for Virginia Colony Park, waive the City's purchasing procedures, and authorize purchase of Miracle play equipment from the California Multiple Award Schedule list. H. Consider Approval of Regular Meeting Schedule for City Council Public Safety Standing Committee for Calendar Year 2005. Staff Recommendation: Approve Regular Meeting Schedule of second Wednesday of each month at 5:00 P.M. The following items were pulled from the Consent Calendar for individual consideration. A. Consider Approval of Minutes of Regular Meeting of September 15, 2004. Staff Recommendation: Approve the minutes. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to remove this item from the Council calendar to allow more time for review. The motion carried by unanimous voice vote. C. Consider Installation of Bike Lanes on the Collins Drive Bridge. Staff Recommendation: Staff and the Transportation and Streets Committee recommend no action be taken on this proposal. 000 -347 Minutes of the City Council Moorpark, California Page 9 February 16, 2005 In response to Councilmember Mikos, Councilmember Harper stated the driveway for the M &M project should be completed before the bike lanes are considered. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to recommend no action be taken on this proposal. The motion carried by unanimous voice vote. 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Kueny requested the Council go into closed session for discussion of one case under Item 12.A. Mr. Montes announced that the facts and circumstances creating significant exposure to litigation consist of a written communication threatening litigation received from the Law Office of Kate M. Neiswender. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adjourn to closed session for a discussion of one case under Item 12.A. The motion carried by unanimous voice vote. The time was 10:48 p.m. A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) The Council reconvened into closed session at 10:52 p.m. Present in closed session were Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 11:10 p.m. Mr. Kueny stated one case under Item 12.A. was discussed and there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 11:10 p.m. 000348 Minutes of the City Council Moorpark, California Paae 10 ATTEST: Deborah S. Traffenstedt City Clerk February 16, 2005 Patrick Hunter, Mayor 00103 -�9 MINUTES OF THE CITY COUNCIL Moorpark, California March 2, 2005 A Regular Meeting of the City Council of the City of Moorpark was held on March 2, 2005, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7:16 p.m. 2. PLEDGE OF ALLEGIANCE: John Brand, Senior Management Analyst, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Kenneth Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Brad Miller, City Engineer; Captain Richard Diaz, Sheriff's Department; John Brand, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: None. 5. PUBLIC COMMENT: Ronald Schnoebelen, a Moorpark resident, spoke about the need for a noise /pollution barrier wall to protect the residents of the Regal condominium complex on Los Angeles Avenue. 000350 Minutes of the City Council Moorpark, California Paae 2 March 2, 2005 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Hunter requested Item 9.A. be heard prior to Item 8.A. to accommodate the guest speaker from Metrolink. CONSENSUS: It was the consensus of the Council to hear Presentations /Action /Discussion Item 9.A. prior to Public Hearing Item 8.A. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos requested staff check on the timing of the traffic signal at Moorpark and Poindexter Avenues as only one car per green light is allowed to proceed. Councilmember Mikos, a member on the Santa Monica Mountains Conservancy (SMMC) Advisory Board, reported on several SMMC projects. Councilmember Millhouse complimented Planning staff on the attractive shopping center at the corner of Los Angeles Avenue and Spring Road. Councilmember Parvin complimented staff on the informative articles in the spring edition of the Moorpark City Newsletter and Recreation Guide. Councilmember Parvin announced the Moorpark Boys and Girls Club is sponsoring a "Viva Las Vegas" fundraiser on April 16th. Councilmember Parvin requested a report or future agenda item on the challenges faced due to new State legislation that conflicts or constrains the ownership of affordable housing. AT THIS POINT in the meeting Item 9.A. was heard. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Metrolink Presentation. Staff Recommendation: Hear presentation by David Solow. Mr. Brand introduced David Solow, Chief Executive Officer of Metrolink, the Southern California Regional Rail Authority, who gave a presentation on the recent train accident of January 26 and discussed measures 0003J1L Minutes of the City Council Moorpark, California Page 3 March 2, 2005 under consideration for improving the safety of rail travel. Councilmember Harper gave a presentation showing simulations performed at Moorpark College in his physics lab, replicating the Metrolink accident and with the locomotive engine rather than a cab car in the front position. AT THIS POINT in the meeting the agenda continued with Item 8.A. 8. PUBLIC HEARINGS: A. Consider General Plan Amendment No. 2003 -02, Zone Change No. 2003 -02, Vesting Tentative Tract No. 5425, and Residential Planned Development (RPD) No. 2003 -02, a Request to Subdivide Approximately 15 Acres for Condominium Purposes to Develop 102 Duplex -Style and Detached Condominium Dwellings and a Recreation Facility, Located at the Terminus of Fremont Street, South of Los Angeles Avenue (Hwy 118) and East of Majestic Court, on the Application of Shea Homes, Inc. Staff Recommendation: Open the public hearing, take public testimony, and continue the item, with the public hearing open, to the meeting of April 6, 2005, to coincide with the consideration of the Development Agreement. Mr. Hogan gave the staff report. Jeff Palmer, representing Shea Homes, 30699 Russell Ranch Road, Westlake Village, California, spoke about meetings with Fremont residents; and Shea Homes' general concurrence with the project conditions. Romayne Hawkinson, a Moorpark resident spoke in regard to the wall between Fremont Street residents and the new development; setback requirements on his property; and access issues from Los Angeles Avenue to Fremont Street. CONSENSUS: It was the consensus of Council to defer the determination for pedestrian access to Fremont Street from Los Angeles Avenue until after further negotiations between the developer and residents. V00Jv#12! Minutes of the City Council Moorpark, California Pace 4 March 2, 2005 MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to continue the item, with the public hearing open, to April 6, 2005, to coincide with the consideration of the Development Agreement. The motion carried by unanimous voice vote. The City Council meeting was recessed at 8:58 p.m. and reconvened at 9:13 p.m. with agenda Item 9.B. 9. PRESENTATION /ACTION /DISCUSSION: B. Consider Status Report on Mission Statement, Priorities, Goals and Objectives for Fiscal Year 2004/2005 and Direction for Fiscal Year 2005/2006. (continued from February 16, 2005) Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny gave the staff report. Councilmember Mikos had the following suggestions /questions: • Revisit the truck scale objective to limit truck traffic on Los Angeles Avenue based upon health issues, using documentation of the number of visits to the Flory School nurse due to asthma attacks or other respiratory complaints, which did not result in absenteeism. • On stamped pages 142 and 143 of the agenda report, elevate Potential Objective Nos. 14, 23, 30, 33, 34, 36, 37, 38, 39 including Port Hueneme, and 40 to the main list. • On stamped page 141 of the agenda report, remove No. 8. from the Potential Objective List since technology has changed. • On stamped page 139 of the agenda report, is Item D.4. the same CIP item that was before Council on February 16. Mr. Kueny concurred and stated it will be a completed item in the final report. • On stamped page 139 of the agenda report, elevate Item G.17. to the Top 10 Priority list since construction of the Police Service Center will be coming off that list; and possibly add "and 0 00053 Minutes of the City Council Moorpark, California Page 5 March 2, 2005 prioritize, plan improvements ". Also any other things t Drainage Plan which during the last rain the County. and construct needed expand this item to include hat relate to the Master may have been discovered storms such as working with • On stamped page 135 of the agenda report, Item B.1. concerning day laborers should go with Top 10 Priority No. 7. for the Human Services Complex; and add an asterisk. • On stamped page 123 of the agenda report, Item D.7. relates to Top 10 Priorities 8. and 9. for business potential and also for restoration in the Arroyo. • On stamped page 119 of the agenda report Objective G.20. relates to earlier comments she made regarding seeking assistance from SMMC and USC. • On stamped page 113 Objective C.4. (and any other locations in the document), the reference to Los Angeles Avenue East of Condor Drive should be corrected to read Princeton Avenue. Councilmember Millhouse stated in regard to the Underground Utility District mentioned on stamped page 139 of the agenda report and elsewhere in the document, he would like efforts concentrated on undergrounding the utility lines along Tierra Rejada Road since it is a gateway to the City. Mayor Hunter recommended making Councilmember Millhouse's suggestion a part of the median improvements for Tierra Rejada Road from Spring Road to the easterly City limits; and to come up with an improvement plan that does not require ongoing support. Mayor Hunter requested staff evaluate the feasibility of constructing a 100 -foot raised median at or near the controlled rail crossings in the City to improve safety along the rail and prevent cars from traversing onto the tracks. 000354 Minutes of the City Council Moorpark, California Page 6 March 2, 2005 Councilmember Parvin requested the following: • On stamped page 115 of the agenda report, add to Item. E.l., the Boys and Girls Club's need for an expanded site. • On stamped page 124 of the agenda report, add to Item D., the use of the new marketing materials developed for the City to attract new business. • On stamped page 137 of the agenda report, add a graffiti abatement program to Item E. • On stamped page 141 of the agenda report, correct Item 10. to read Arroyo Drive. Councilmember Harper requested Item 29. on stamped page 143 of the agenda report, be moved to the main list and the wall at Spring Road and Los Angeles Avenue be added for masonry treatment and new plantings. Mr. Kueny stated he will prepare this document in legislative format to be presented at the same time as budget submittal. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. CONSENSUS: It was the consensus of the Council to incorporate their recommendations and edits for submittal in legislative format at a future meeting to be scheduled along with consideration of the 2005/2006 budget. C. Consider Proposed Development Agreement Between Shea Homes Limited Partnership and City of Moorpark Pertaining to Vesting Tentative Tract No. 5425. Staff Recommendation: The City Council Ad Hoc Committee and staff recommend referral of proposed Development Agreement to the Planning Commission and the setting of Council public hearing for April 6, 2005. Mr. Kueny gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. 000355 Minutes of the City Council Moorpark, California Page 7 March 2, 2005 MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion recommending referral of the proposed Development Agreement to the Planning Commission and the setting of Council public hearing for April 6, 2005. The motion carried by unanimous voice vote. D. Consider Proposed Bylaws and Leaislative Aaenda for Ventura County Council of Governments. Staff Recommendation: Discuss Draft Bylaws and Draft Legislative Agenda and provide comments to staff for transmittal to VCOG. Mr. Riley gave the staff report. Mayor Hunter, as Chair of VCOG, provided background information on the goal to keep these documents as broad as possible for use by the ten city members and the County of Ventura. Councilmember Mikos made the following suggestions for the Legislative Agenda: • On stamped page 210 of the agenda report, eliminate Section IX. regarding labor relations to avoid controversy and /or arguments. • On stamped page 211 of the agenda report, eliminate Item D. of Section IX. regarding contracting for services to avoid the perception of elimination of jobs. • On stamped page 209 of the agenda report, add to Item F.l. "enhancement" of natural resources. • On stamped page 209 of the agenda report, broaden Item F.2. to add "protection of regional ground water resources and water sheds ". • On stamped page 208 of the agenda report, add to Section V. Item F. "without compromising health and safety ". • On stamped page 208 of the agenda Section VI. Item A. "without environmental quality standards ". report, add to compromising 0003GG Minutes of the City Council Moorpark, California Page 8 March 2, 2005 • On stamped page 208 of the agenda report, reword Section VI. Item C.5. to make it more understandable. • On stamped page 206 of the agenda report, eliminate or reword Section II. Item C. to make sure legislation "is not at the expense of mass transit ". • Throughout the document, cities, municipalities, and counties should be listed consistently. Councilmember Harper made the following suggestions for the Legislative Agenda: • On stamped page 207 of the agenda report, correct Section III Item E. to read "Navy Base Ventura County" to take into consideration the Point Mugu facility. Councilmember Parvin made the following suggestions for the Legislative Agenda: • On stamped page 201 of the agenda report, rewrite Article V Item C. • On stamped page 202 of the agenda report, eliminate Article VII Item A.l. • On stamped page 207 of the agenda report, enhance Section V. Item A. or add another Item between Items A. and B. to indicate opposition to legislation that hinders a city's ability to keep affordable homes in the hands of needy families. • On stamped page 210 of the agenda report, Section IX. Item B. should remain in the document. Mayor Hunter stated Section IX. concerning Labor Relations, on stamped page 210 of the agenda report, should remain in the document to gauge the support or opposition from other cities. Councilmember Mikos recommended Article VII Item B.4. on stamped page 203 of the agenda report, should 000 iT Minutes of the City Council Moorpark, California Page 9 March 2, 2005 include "Special meetings may also called by a majority of the administrative committee members ". In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. CONSENSUS: It was the consensus of the Council to direct staff to provide VCOG with Council suggestions for streamlining and clarifying the documents and to bring back the final documents after VCOG'S meeting on March 10, 2005. E. Consider Changes to the Street Sweeping Schedule, the Related Parking Restrictions and Parking Permit Issuance Policies and Procedures. Staff Recommendation: Staff and the Transportation and Streets Committee recommend Council direct staff to implement the program changes described in the agenda report. Mr. Gilbert gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to direct staff to implement the program changes described in the agenda report. The motion carried by unanimous voice vote. F. Consider Contract vs. In -House Street Sweeping Services. Staff Recommendation: Continue with contract street sweeping services. Mr. Gilbert gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to continue with contract street sweeping services. The motion carried by unanimous voice vote. G. Consider Establishment of a Library Services Ad Hoc Committee. Approve the establishment of a Library Ms. Lindley gave the staff report. 000 sZ8 Minutes of the City Council Moorpark, California Page 10 March 2, 2005 In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to appoint Councilmembers Harper and Mikos to serve on the Library Services Ad Hoc Committee The motion carried by unanimous voice vote. H. Consider Scheduling of Joint City Council /Parks and Recreation Commission and Joint City Council /Planning Commission Meetings. Staff Recommendation: Direct staff as deemed appropriate. Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. CONSENSUS: It was the consensus of the Council to schedule the Joint City Council /Parks and Recreation Commission and Joint City Council/ Planning Commission meetings for April 27, 2005, for 7:00 p.m. and 8:00 p.m. respectively. I. Consider Ordinance Adding Section 10.04.205 to the Municipal Code Pertaining to the Parking of Oversized Vehicles. Staff Recommendation: Waive full reading and introduce Ordinance No. 311 for first reading; and schedule second reading for March 16, 2005. Captain Diaz gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mr. Montes read title of Ordinance No. 311. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive full reading, and declare Ordinance No. 311 read for the first time. The motion carried by unanimous voice vote. J. Consider Action Minutes for City Council Meetings and Records Retention for Electronic Meeting Recordings, Including Web -Site Archives. Staff Recommendation: 1) Direct staff to bring back a resolution revising the Council Rules of Procedure for Council Meetings to include direction on preparation of action minutes; 0 000 9 Minutes of the City Council Moorpark, California Page 11 March 2, 2005 and 2) Direct staff to return with a revised Records Retention policy for electronic meeting recordings. Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to: 1) Direct staff to bring back a resolution revising the Council Rules of Procedure for Council Meetings to include direction on preparation of action minutes; and 2) Direct staff to return with a revised Records Retention policy for electronic meeting recordings. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of October 6, 2004. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2004 -2005 - March 2, 2005. Manual Warrants Voided Warrant Payroll Liability Warrants 118509- 118513 118449 & 118489 118606 - 118610 $ 27,851.43 $ (7,072.12) $ 1,780.75 Regular Warrants 118514 - 118605 & $ 59,117.77 118611 - 118634 $ 201,602.79 Staff Recommendation: Approve the warrant register. C. Consider Approval of Consultant Traffic Signal Design /Operations Management Services and Resolution Amending the Fiscal Year 2004/05 Budget to Fund Same (Gas Tax Fund 2605). Staff Recommendation: 1) Authorize staff to retain an engineering consultant to 0003GQ Minutes of the City Council Moorpark, California Page 12 March 2, 2005 provide traffic signal operations monitoring services to the City; and 2) Adopt Resolution No. 2005 -2294. ROLL CALL VOTE REQUIRED D. Consider Authorization of Recordation of the Notice of Completion for the Metrolink Landscape Improvement Project. Staff Recommendation: Authorize the City Clerk to file the Notice of Completion, release of the balance of payment thirty -five days after Notice of Completion records, and release of bonds consistent with the contract. E. Consider 2003 Annual AB 939 Solid Waste Diversion Report to the Integrated Waste Management Board. Staff Recommendation: Receive and file the report. F. Consider Agreement for Direct Cable Installation for the Police Services Center. Staff Recommendation: Award contract to Digital Telecommunications Corporation for their low bid of $59,308 and authorize the City Manager to execute contract for the work. G. Consider Continuation of Local Emergency. Staff Recommendation: Continue the proclamation of a local emergency. H. Consider Rejection of Amended Governmental Tort Claim: Harvey and Linda Plaks, Individually, and as Trustees of the Harvey and Linda Plaks' Trust. Staff Recommendation: Reject the Amended Claim and direct staff to send a standard rejections letter to the claimants. I. Consider Authorizing Amendment of a Contract with BonTerra Consulting for the Preparation of an Environmental Impact Report (EIR) and Related Documents for the North Park Village and Nature Preserve Specific Plan Project. Staff Recommendation: Authorize the City Manager to negotiate and enter into an amendment to the professional services agreement with BonTerra Consulting for the environmental services included in the January 27, 2005 proposal, at a cost not to exceed $183,212.53, upon receipt of payment from the project applicant, including the City administrative fee. (� ('110 � Minutes of the City Council Moorpark, California Paae 13 March 2, 2005 J. Consider Report of Annual Development Agreement Review: A) 34.5 Acres of Land Located West of Gabbert Road North of the Union Pacific Railroad Right-of-Way (A -B Properties); and B) 9.0 Acres of Land Located West of Gabbert Road North of the Union Pacific Railroad Right -of -Way (Southern California Edison Company). Staff Recommendation: 1) Accept the Community Development Director's Report and recommendation, and find, on the basis of substantial evidence, that A -B Properties and Southern California Edison Company have complied in good faith with the terms and conditions of their respective agreements with the City; 2) Deem the annual review process complete for A -B Properties' Development Agreement; and 3) Deem the annual review process complete for Southern California Edison Company's Development Agreement. K. Consider Resolution Rescinding Resolution No 2005- 2282 Pertaining to Establishment of a New Stormwater Quality Property- Related Fee. Staff Recommendation: Adopt Resolution No. 2005 -2295. ROLL CALL VOTE REQUIRED 11. ORDINANCES: None. 12. CLOSED SESSION: None was held. 13. ADJOURNMENT: MOTION: seconded a voice vote ATTEST: Councilmember Harper motion to adjourn. The time was 10:30 Deborah S. Traffenstedt City Clerk moved and Councilmember Parvin The motion carried by unanimous p.m. Patrick Hunter, Mayor U003G2 MINUTES OF THE CITY COUNCIL Moorpark, California March 16, 2005 A Special Meeting of the City Council of the City of Moorpark was held on March 16, 2005, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:50 p.m. 2. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Kenneth Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. 3. PUBLIC COMMENT: None. 4. CLOSED SESSION: Mr. Kueny requested the Council adjourn to closed session for discussion of one case under Item 4.B. and Item 4.D. on the agenda. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to adjourn to closed session for discussion of one case under Item 4.B. and Item 4.D. on the agenda. The motion carried by unanimous voice vote. 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) D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) 0003G3 Minutes of the City Council Moorpark, California Page 2 March 16, 2005 Property: APN 512 -0- 180 -080, 501 New Los Angeles Avenue, Moorpark, CA 93021City Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and McDonald's Corporation Under Negotiation: Price and terms of payment Present in closed session were Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Kenneth Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The City Council reconvened into open session at 6:58 p.m. Mr. Kueny stated that one case under Item 4.B. and Item 4.D. were discussed and there was no action to report. 5. ADJOURNMENT: Mayor Hunter adjourned the meeting at 6:58 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 0 4064