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HomeMy WebLinkAboutAGENDA REPORT 2005 0504 CC REG ITEM 10ACITY OF MOORPARK, CALIFORNIA ITEM 10. A • City Council Meeting of '.5'�-aDOJ ACTION: LZcd MINUTES OF THE CITY COUNCIL K. -Moorpark, California November 3, 2004 A Regular Meeting of the City Council of the City of Moorpark was held on November 3, 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 7:17 p.m. 2. PLEDGE OF ALLEGIANCE: Taylor Fernandez, Teen Council Chair, 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; John Brand, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Blanca Garza, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: None. 5. PUBLIC COMMENT: Bruce Thomas, candidate for City Council, congratulated Councilmembers Mikos and Millhouse on their successful re- election. Taylor Fernandez, Teen Council Chair, spoke about teen service to the community; and introduced Allyson Rueckert, Vice - Chair. Ms. Rueckert introduced the remaining members () 11'4? 0 �33 Minutes of the City Council Moorpark, California Paqe 2 November 3, 2004 of the Teen Council, Aryan Aziz, Brianna Corzine, Paul Jafar, Kellen Moore, Roxana Moradi, Hilary Pemberton, and Greg Smith; and stated Kelsey Butzer and Jon Lamberson were unable to attend. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:22 p.m. The City Council meeting reconvened at 7:23 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Parvin announced the Moorpark Rotary Club's presentation of Grant vs. Lee. on Saturday, November 6, and Sunday, November 7, 2004. Mayor Hunter announced City Hall and Arroyo Vista Recreational Center will be closed Thursday, November 11th, in honor of Veteran's Day. He also announced the Moorpark Active Adult Center Annual Holiday Arts and Crafts Boutique on Friday, November 5th. 8. PUBLIC HEARING: None. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider the Draft 2004 Conqestion Management Plan (CMP) . (continued from October 20, 2004) Staff Recommendation: Accept staff comments on the Draft 2004 CMP Plan for submittal to the Ventura County Transportation Commission. Ms. Lindley gave the staff report. Councilmember Millhouse gave a presentation providing an overview of the Draft 2004 Congestion Management Plan including the technology to be installed to mitigate congestion. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. nR���l Minutes of the City Council Moorpark, California Page 3 November 3, 2004 A discussion followed among the Councilmembers and they concurred to request the following changes: • On stamped page 15 of the agenda report, seventh bullet down, reword the section pertaining to proposed new interchanges on State Route 118 at Alamos Canyon and Moorpark College to indicate these would only be needed if potential new developments are approved; • Eliminate the words "bypass" on stamped page 16 of the agenda report, third bullet down for the Princeton Avenue exit; • Place a caveat on support for widening State Route 118 in both directions only if there is some mitigation to the truck traffic through the city of Moorpark; • Add a sound wall as one of the mitigations for truck traffic through Moorpark; • Make service standardizations between counties a priority; CONSENSUS: It was the consensus of the Council to accept staff comments on the Draft 2004 CMP Plan for submittal to the Ventura County Transportation Commission, as amended to include the additional changes as requested by Council. B. Consider an Update on Expansion Activities at the Port of Hueneme. (continued from October 6, 2004) Staff Recommendation: Direct staff as deemed appropriate. (Staff: Barry Hogan) Mr. Hogan indicated there was no staff report; and staff would like direction from Council. Jarrod Degonia, representing Supervisor Judy Mikels and the Regional Defense Partnership 21st Century (RPT -21) provided a brief history on the expansion activities at the Port of Hueneme and the lack of communication by the Port Authority to cities and the Navy. Councilmember Harper recommended a letter be sent to the Navy indicating if the negotiations begin between the Port Authority and the Navy regarding the expansion, the city of Moorpark wants to go on record as having grave reservations to expansion due to the resulting increase in truck traffic and the lack of inclusion in any discussions. Minutes of the City Council Moorpark, California Page 4 November 3, 2004 Councilmember Harper requested a future agenda item on the governance of the Port, its relationship to the Oxnard Harbor District, and what the City's options are for getting involved in governance. CONSENSUS: It was the consensus of Council to direct staff to send a letter to the Navy conveying the City's reservations on port expansion and request an agenda item on port governance for the December 1, 2004, City Council meeting. C. Consider Procurement of Two Transit Buses. Staff Recommendation: Authorize staff to initiate procurement of two new buses not to exceed $400,000, using the State Department of General Services contract with Creative Bus Sales, and including a supplemental inspection services agreement with an independent contractor, subject to final language approval by the City Manager. Mr. Brand gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to authorize staff to initiate procurement of two new buses not to exceed $400,000, using the State Department of General Services contract with Creative Bus Sales, and including a supplemental inspection services agreement with an independent contractor, subject to final language approval by the City Manager. The motion carried by unanimous voice vote. D. Consider Award of Contract Totaling $762,276 for Design of the City Hall /Civic Center to GKK Corporation. Staff Recommendation: Award a contract to GKK Corporation in the amount of $762,276 for the Design of the City Hall /Civic Center, and authorize the City Manager to execute said contract, subject to final language approval by the City Manager and the City Attorney. Mr. Riley gave the staff report. 000`)3^0 Minutes of the City Council Moorpark, California Page 5 November 3, 2004 Kevin Henrion, architect for GKK /DLR Corporation, 156 South Fair Oaks, Pasadena, stated they are in concurrence with the Agreement. Councilmember Parvin requested a correction on stamped page 49 of the agenda report in Item 13. to change "terns" to "terms ". Councilmember Harper requested on stamped page 56 of the agenda report under Phase 1 - Space Needs Study Update, that the Council also be consulted on the space needs. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to award a contract to GKK Corporation in the amount of $762,276 for the design of the City Hall /Civic Center, and authorize the City Manager to execute said contract, subject to final language approval by the City Manager and the City Attorney. The motion carried by unanimous roll call vote. 10. CONSENT CALENDAR: MOTION: Councilmember Harper 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 the Regular Meeting of Julv 21, 2004. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2004 -2005 - November 3, 2004. Manual Warrants Voided Warrant Payroll Liability Warrants 117569 - 117570 117571 - 117575 $ 21,712.32 1 11 $ 1,856.03 Regular Warrants 117576 - 117681 $ 53,769.17 117682 - 117700 $ 269,446.42 Staff Recommendation: Approve the warrant register. 000993 Minutes of the City Council Moorpark, California Page 6 November 3, 2004 C. Consider a Cooperative Agreement with the State Department of Health Services and Agencies Applying Pesticides for Public Health Purposes. Staff Recommendation: Approve the cooperative agreement and authorize Mayor to execute the Agreement on behalf of the City. D. Consider Amendment to Purchase and Sale Agreement with Moondance- Moorpark L.P. Staff Recommendation: Approve Amendment to Purchase and Sale Agreement, subject to approval by City Manager and City Attorney. E. Consider Resolution Supporting Legislation Requiring Notice Prior to Filing Legal Action for Violations of the Americans with Disabilities Act. Staff Recommendation: Adopt Resolution No. 2004 -2258. F. Consider Resolution Fixing the Employer's Contribution Under the Public Employees' Medical and Hospital Act for Eligible Competitive Service and Non-Competitive Service /Management Employees and Annuitants and Amending Resolution No. 97 -1326, and Resolution Fixing the Employer's Contribution Under the Act for Active (Sitting) City Councilmembers. Staff Recommendation: Adopt Resolution No. 2004 -2259 and Resolution No. 2004 -2260, subject to final language approval by the City Manager. G. Consider Permit Adjustment No. 2004 -15 for Minor Changes to Lot Configuration within Tract No. 5187 (William Lyon Homes). Staff Recommendation: Direct staff to prepare a letter approving Permit Adjustment No. 2004 -15 as requested for Vesting Tentative Tract No. 5187. H. Consider Permit Adjustment No. 2004 -16 for Minor Changes to Lot Configuration and Pad Elevation Deviation within Vesting Tentative Tract No. 5130 (SunCal Properties). Staff Recommendation: Direct staff to prepare a letter approving Permit Adjustment No. 2004 -16 as requested for Vesting Tentative Tract No. 5130. 0C),09�11 Minutes of the City Council Moorpark, California Page 7 November 3. 2004 11. ORDINANCES: A. Consider Ordinance No. 309, An Ordinance of the Cit Council of the City of Moorpark Amending Chapter 2.36, Planning Commission, of Title 2, Administration and Personnel of the Moorpark Municipal Code. Staff Recommendation: Declare Ordinance No. 309 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 309. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive further reading, declare Ordinance No. 309 read for the second time, and adopted as read. The motion carried by unanimous voice vote. 12. CLOSED SESSION: Mr. Kueny requested that the City Council go into closed session for discussion of one case under Item 12.B. and Items 12.C, 12.E, and 12.F. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adjourn to closed session for a discussion of one case under Item 12.B. and Items 12.C, 12.E, and 12.F on the agenda. The motion carried by unanimous voice vote. The time was 8:50 p.m. B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Subdivision (a) of Section 54956.9 of the Government Code) The Committee to Preserve Historic High Street, an unincorporated association, and Cynthia Hollister vs. City of Moorpark and Moorpark City Council (Case No. SC037584) E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 500 -0- 391 -115, County of Ventura City Negotiator: Steven Kueny, City Manager 0001095 Minutes of the City Council Moorpark, California Page 8 November 3, 2004 Negotiating Parties: The City of Moorpark and Conejo Valley Unified School District Under Negotiation: Price and terms of payment F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 512 -0 -091 -080 and APN 512 -0- 091 -100 City Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Janss IV Recreation, Inc. (Theater on High /Larry Janss) 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; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 9:38 p.m. Mr. Kueny stated one case under Item 12.B. and Items 12.C, 12.E. and 12.F. were discussed and there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 9:38 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk ®�()0 �i MINUTES OF THE CITY COUNCIL Moorpark, California November 17, 2004 A Regular Meeting of the City Council of the City of Moorpark was held on November 17, 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 7:21 p.m. 2. PLEDGE OF ALLEGIANCE: Captain Richard Diaz, Sheriff's Department, 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; John Brand, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Blanca Garza, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Recognition of Duplicate Bridge Group Donation to the Active Adult Center. Mayor Hunter introduced Gary Comer, member of the Duplicate Bridge Group who presented the Active Adult Center with a donation of $2,000. B. Certificates of Completion for Community Emergency Response Team Training. ��� Minutes of the City Council Moorpark, California Paqe 2 November 17, 2004 Mayor Hunter introduced Battalion Chief Dave Chovanec and Captain Gary Smith of the Ventura County Fire Protection District who spoke about Community Emergency Response Team Training (CERT). Mayor Hunter presented certificates of completion to the first graduates of CERT, Eric Beck, James Carpenter, Kim Chudoba, Marilyn Gourdeau, Neill Humphrey, Scott Pond, Darlene Sweet, and Spencer Ross. Ted Lansing was unable to attend. C. City Manager's Monthly Report. Mayor Hunter announced the City Manager's monthly report would be deferred. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Staff requested Item 10.F. be removed from the Consent Calendar. CONSENSUS: It was the consensus of the Council to remove Item 10.F. from the Consent Calendar. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos requested the date of the next CERT training be announced once it is scheduled. Councilmember Mikos requested a future agenda item for December 1, 2004, to discuss how to expedite the completion of the Calleguas Municipal Water District pipeline project on Los Angeles Avenue. Mayor Hunter requested staff invite Mr. Kendall from Calleguas to attend the December 1 meeting to update the Council on the status of the project. Councilmember Millhouse requested a representative from Valverde Construct, Inc. also be invited. Councilmember Parvin complemented the Moorpark Rotary Club on the success of their Civil War Reenactment of Grant vs. Lee. 0 ' or-; � Minutes of the City Council Moorpark, California Page 3 November 17, 2004 Mayor Hunter requested a future agenda item for December 1, 2004, regarding the City's street sweeping policy and the coordination of the process to provide a more efficient service. Mayor Hunter announced the Winter Camp Moorpark program will operate from December 20 to December 30. Mayor Hunter announced the second annual Hometown Holiday event and arrival of the Holiday Toy Express for Sunday, December 5. 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 October 20, 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 January 19, 2005. Mr. Bobardt gave the staff Privitt of Bontara consultants to the City California Environmental documentation. report and introduced Dana Consulting, environmental for preparation of the Quality Act (CEQA) Ms. Privitt discussed the CEQA requirements. Mayor Hunter stated the public hearing remains open. Kim Kilkenny, representing North Park Village, 680 Walnut Street, Moorpark, addressed questions raised at previous meetings. Chris Childers spoke in favor of the project citing the efforts of the developer to satisfy the needs and concerns of the community. Susan Nardi spoke in opposition to the project citing traffic concerns. Minutes of the City Council Moorpark, California Paae 4 Harvey Plaks spoke in favor of generation of additional quality community due to development. November 17, 2004 the project citing services to the Chad Sourbeer spoke in favor of the project citing increased emergency response for the community in regard to the potential new fire station. Cheri Bohnert spoke in favor of the project citing the opportunity for wonderful amenities for Moorpark. Tim Saivar spoke in regard to unresolved issues including grading impacts to hillsides, traffic, oil field and lake concerns, and tax implications. Anthony Banducci spoke in opposition to the project citing traffic concerns and emphasized Moorpark citizens' rights to curb urban sprawl as they did previously when this project was Hidden Creek. Thomas Duck spoke in opposition to the project citing the need for affordable housing not million dollar homes, dangers of uncharted oil wells, amenities that only benefit North Park, and traffic concerns. Lisa Leal spoke in favor of the project citing the developer's accommodations to the community; the amenities of the project such as the lake, fire station and the school; and the preservation of open space. Debra Ryono spoke in favor of the project due to public access to the lake and the additional services the project will generate for the community. In response to Mayor Hunter, Ms. Traffenstedt stated there are 11 Written Statement Cards, 7 indicating they are in favor of the project 3 in opposition and 1 late one in opposition. She stated copies would be provided to the Council. In response to Mayor Hunter, Ms. Privitt summarized the significant effects that are listed in the Draft Mitigation Monitoring Program and why they are determined to be significant. Minutes of the City Council Moorpark, California Page 5 November 17, 2004 Mr. Kilkenny commented on those areas of significant impact in the EIR that are not able to be mitigated and require overriding findings. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to continue the agenda item with the public hearing open, to January 19, 2005. The motion carried by unanimous voice vote. AT THIS POINT in the meeting the City Council recessed. The time was 9:00 p.m. The City Council meeting reconvened at 9:17 p.m. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Approval of Plans and Specifications and Authorization to Advertise for a Project to Construct: 1) Spring Road Median Landscaping North of Second Street; and 2) Parkway Tree Replacement on the East Side of Tierra Rejada Road, South of Courtney Lane. Staff Recommendation: Approve the plans and specifications for the subject project and authorize staff to advertise for receipt of bids for construction of the project. Mr. Gilbert gave the staff report. In response to Councilmember Millhc suggested rather than continue the adjacent property owners not being hearing, send out notices now, implementation of the replacement time. )use, Mayor Hunter item due to the notified of this and delay the for a period of In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to delay approval of the plans and specifications and authorization to advertise for a project to construct: 1) Spring Road median landscaping, north of Second Street; 2) Parkway tree replacement on the east side of Tierra Rejada Road, south of Courtney Lane; and 3) Authorize staff to advertise for receipt of bids for construction of the project, until adjacent residents are notified. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Paae 6 November 17, 2004 B. Consider Resolution Updating Solid Waste Collection Fees. Staff Recommendation: Adopt Resolution No. 2004 -2261, rescinding Resolution No. 2003 -2146 and approving new year 2005 Solid Waste Collection Fees effective January 1, 2005. Mr. Brand gave the staff report. In response to Mayor Hunter, Mike Smith with Waste Management /G.I. Industries and Chuck Anderson of Anderson /Moorpark Rubbish concurred the number of citizen complaints have declined since the inception of the automated system, which standardized the level of service. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mr. Brand corrected an error on stamped page 10 of the agenda report line three to indicate $22.47 rather than to $22.49 for the City's regular monthly residential solid waste rate. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to adopt Resolution No. 2004 -2261, rescinding Resolution No. 2003 -2146 and approving new year 2005 Solid Waste Collection Fees effective January 1, 2005. The motion carried by unanimous voice vote. C. Consider Resolution Establishing "No Stopping Anytime" Zones on Park Lane South of Los Angeles Avenue. Staff Recommendation: Adopt Resolution No. 2004- Mr. Gilbert gave the staff report. In response to Councilmember Parvin, Mr. Gilbert stated the Lutheran Church was notified on Monday regarding this item on the agenda and had indicated they intended to come to the meeting to discuss this issue of allowing Sunday parking. Mayor Hunter suggested delaying a decision for two weeks to allow the Church to respond. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. 000-144. 0 A: 1P Minutes of the City Council Moorpark, California Page 7 November 17, 2004 MOTION: Councilmember Harper moved to adopt a resolution establishing "No Stopping Anytime" zones on Park Lane south of Los Angeles Avenue. The motion died due to lack of a second. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to continue this item to December 1, 2004. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to approve the Consent Calendar with the exception of Item 10.F. which was removed from the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of September 1, 2004. Consider Approval of Minutes of Special Meeting of October 20, 2004. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2004 -2005 - November 17, 2004. Manual Warrants 117701 - 117705 & $ 47,256.79 117711 - 117714 $ 9,760.27 Voided Warrant 117626 & 117712 $ (127.50) Payroll Liability 117706 - 117710 $ 1,838.78 Warrants Regular Warrants 117715 - 117783 $ 36,841.92 117784 - 117794 $ 610,180.08 Staff Recommendation: Approve the warrant register. C. Consider Award of Contract for Demolition of Structures at 282 Los Angeles Avenue. Staff Recommendation: Award bid for Demolition Work at 282 Los Angeles Avenue to California Land Clearing, Inc., for $8,745. 0 Minutes of the City Council Moorpark, California Page 8 November 17, 2004 D. Consider Resolution Amending the Fiscal Year 2004/05 Budget for Landscape and Lighting Maintenance Assessment District Zone 10. Staff Recommendation: Adopt Resolution No. 2004 -2262, amending the FY 2004/05 budget by appropriating $94,680 for landscape maintenance in Zone 10 Landscape and Lighting Maintenance Assessment District from the Zone 10 Fund Balance. ROLL CALL VOTE REQUIRED E. Consider a Report on the Work Plan for the Community Development Block Grant (CDBG) 2005 Consolidated Plan. Staff Recommendation: Receive and file report. G. Consider Authorization of Recordation of the Notice of Completion for the Arroyo Vista Communitv Park Phase II Project. Staff Recommendation: Authorize the City Clerk to file the Notice of Completion, release of the balance of payment thirty -five (35) days after Notice of Completion records, and release of bonds consistent with the contract. The following item was removed from the Consent Calendar: F. Consider Resolution Amending the Fiscal Year 2004/05 Budget to Fund Fiscal Year 2003/04 Year -End Deficits in Certain Funds for the City's Landscaping and Lighting Assessment Districts. Staff Recommendation: Adopt Resolution No. 2004- ROLL CALL VOTE REQUIRED CONSENSUS: It was the consensus of Council to remove this item from the Consent Calendar. 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Kueny requested that the City Council go into closed session for one case under Item 12.A, one case under Item 12.B, and for Items 12.C, 12.D, and 12.E. on the agenda. Mr. Montes announced the facts and circumstances creating significant exposure to litigation for the one case under �' �, A 'v -L. VP Minutes of the City Council Moorpark, California Paae 9 November 17, 2004 Item 12.A. consists of a claim received from Gail Martin, Jr.; Betinna Martin; and Alyson Martin related to the Calleguas Municipal Water District project on Los Angeles Avenue. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adjourn to closed session for a discussion of one case under Item 12.B, and for Items 12.C, 12.D, and 12.E. on the agenda. The motion carried by unanimous voice vote. The time was 9:44 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) C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 500 -0 -391 -115, County of Ventura City Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Conejo Valley Unified School District Under Negotiation: Price and terms of payment D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 512 -0- 091 -080 and APN 512 -0- 091 -100 City Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Janss IV Recreation, Inc. (Theater on High /Larry Janss) Under Negotiation: Price and terms of payment E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Subdivision (b) of Section 54957 of the Government Code) Title: Assistant City Manager, Assistant to City Manager /City Clerk, City Manager, City Attorney, City Engineer, Chief of Police, Administrative Services Director, Community Development Director, Community Services Director, and Public Works Director Minutes of the City Council Moorpark, California -Page 10 November 17, 2004 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; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 10:20 p.m. Mr. Kueny stated that 12.A (one case), 12.B, 12.C, 12.D, and 12.E. were discussed and there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 10:20 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk MINUTES OF THE CITY COUNCIL Moorpark, California April 20, 2005 A Regular Meeting of the City Council of the City of Moorpark was held on April 20, 2005, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1 2. 3 W CALL TO ORDER: Mayor Pro Tempore Harper called the meeting to order at 7:17 p.m. PLEDGE OF ALLEGIANCE: Steven Kueny, City Manager, led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Mikos, Millhouse, Parvin, and Mayor Pro Tempore Harper. Absent: Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Mary Lindley, Parks /Recreation and Community Services Director; Barry Hogan, Community Development Director; Brad Miller, City Engineer; Johnny Ea, Finance Director; Captain Richard Diaz, Sheriff's Department; David Bobardt, Planning Manager; Deborah Traffenstedt, Administrative Services Director /City Clerk; and Maureen Benson, Deputy City Clerk. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation Recognizing the 100th Anniversary of Moorpark Women's Fortnightly Club. Mayor Pro Tempore Harper presented Suzy Lesiak, Club President, with a proclamation recognizing the 100th Anniversary of the Moorpark Women's Fortnightly Club. B. Recognition of Anthony Bellasalma by the California Parks and Recreation Society and the City of Moorpark for Outstanding Community Service. Minutes of the City Council Moorpark, California Paae 2 April 20, 2005 Mayor Pro Tempore Harper and Peggy Rothschild, Active Adult Center Coordinator, presented Anthony Bellasalma with an award for Outstanding Community Service from the California Parks and Recreation Society and the City of Moorpark. C. Introduction of New City Employee, Robert Stallings, Recreation Manager. Mayor Pro Tempore Harper introduced new City employee, Robert Stallings, Recreation Manager. D. Introduction of New City Employee, David Moe, Redevelopment Manager. Mayor Pro Tempore Harper introduced new City employee, David Moe, Redevelopment Manager. E. City Manager's Monthly Report. Hugh Riley, Assistant City Manager, gave the monthly report. S. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Millhouse requested Items 9.A, 9.C, and the Consent Calendar be heard after Announcements. Councilmember Mikos requested Item 10.E. be pulled from the Consent Calendar for individual consideration. CONSENSUS: It was the consensus of the Council to hear Items 9.A, 9.C, and the Consent Calendar after Announcements and prior to Public Hearings. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Parvin announced the Miss Moorpark and Miss Teen Moorpark Competition will be held at Moorpark High School Performing Arts Center on April 23. 0 A.1� Minutes of the City Council Moorpark, California Paae 3 to April 20, 2005 Councilmember Mikos announced a hike on April 23 at Happy Camp Canyon Regional Park. Councilmember Mikos announced the Santa Monica Mountains Conservancy Acquisition Work Program now includes several areas in Moorpark. Councilmember Millhouse announced the American Cancer Society's "Relay for Life" will be held on April 30 and May 1 at Moorpark College. Councilmember Millhouse announced the American Diabetes Association's "Tour to Cure" annual bike ride will be held on June 4. Councilmember Millhouse urged citizens to contact the Moorpark Police Department with any information concerning the stabbing death of a young teenager in Moorpark. Mayor Pro Tempore Harper announced April 25 through May 1 is West Nile Virus and Mosquito and Vector Control Awareness Week. Mayor Pro Tempore Harper announced a free compost and wood chip give -away Saturday, May 7 at Arroyo Vista Community Park. Mayor Pro Tempore Harper announced a free landfill day for Moorpark residents Sunday, May 15, at the Simi Valley Landfill and Recycling Center. Mayor Pro Tempore Harper announced Moorpark City Transit Summer Youth Bus Passes will go on sale May 2 at City Hall and Arroyo Vista Recreation Center. PRESENTATION /ACTION /DISCUSSION: A. Consider Claiming Ownership of the Mammoth Fossils Found on the William Lyon West ointe Project Tracts 5187 and 5405) . Staff Recommendation: Direct staff to prepare and send a letter to the Los Angeles Museum of Natural History exercising the City's rights to ownership of the fossils found in Tract 5187. Mr. Hogan gave the staff report and introduced Des Bunting from William Lyon Homes on whose property the fossils were discovered and Mark Roeder from Paleo Environmental Services, Inc. Minutes of the City Council Moorpark, California Page 4 April 20, 2005 Hugh Riley gave a report on the entities interested in acquiring the find. Mr. Roeder gave a presentation explaining the importance of this very rare find and identified the fossil remains on display at the meeting. Mr. Hogan corrected the total curation cost on stamped page 136 of the agenda report stating the correct amount should be $5,000 to $10,000 not $70,000 to $80, 000. In response to Mayor Pro Tempore Harper, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Millhouse moved ar Parvin seconded a motion to direct staff send a letter to the Los Angeles Museum of exercising the City's rights to ownership found in Tract 5187. The motion carried by Mayor Hunter absent. id Councilmember to prepare and Natural History of the fossils voice vote 4 -0, 9. C. Consider Authorizing Use of City Portable Lights for American Cancer Society' s "Relay for Life 2005" Scheduled for April 30 and May 1, at Moorpark College Stadium. Staff Recommendation: Approve use of City portable lights, subject to insurance and waiver of liability requirements. Ms. Traffenstedt gave the staff report. In response to Mayor Pro Tempore Harper, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to approve use of City portable lights, subject to insurance and waiver of liability requirements. The motion carried by voice vote 4 -0, Mayor Hunter absent. Mr. Kueny recommended hearing Item 9.B. at this time. CONSENSUS: It was the consensus of the Council to hear Item y.n. 9. B. Consider Approval of an Implementation Plan for Required Improvements of Tentative Tract No. 5045 on the Application of Pardee Homes. Staff Recommendation: Approve the implementation plan for improvements to Tentative Tract No. 5045, subject to Minutes of the City Council Moorpark, California Page 5 April 20, 2005 final language revisions by the City Manager and the City Attorney. Mr. Hogan gave the staff report. In response to Mayor Pro Tempore Harper, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to approve the implementation plan for improvements to Tentative Tract No. 5045, subject to final language revisions by the City Manager and the City Attorney. The motion carried by voice vote 4 -0, Mayor Hunter absent. 10. CONSENT CALENDAR: MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of Item 10.E, which was pulled for individual consideration. The motion carried by roll call vote 4 -0, Mayor Hunter absent. A. Consider Approval of Minutes of Regular Meeting of March 16, 2005. Consider Approval of Minutes of Regular Meeting of April 6, 2005. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2004 -2005 - April 20, 2005. Manual Warrants 118917 - 118924 & $ 51,854.42 Voided Warrant $ (0.00) Payroll Liability 118925 - 118929 $ 1,763.50 Warrants Regular Warrants 118930 - 119049 & $ 57,387.07 119050 - 119069 $ 979,802.96 Staff Recommendation: Approve the warrant register. C. Consider Proposed Legislative Agenda for Ventura County Council of Governments. Staff Recommendation: t� q� A w Minutes of the City Council Moorpark, California Paae 6 April 20, 2005 Approve Legislative Agenda for Ventura County Council of Governments. D. Consider Resolution Authorizing Submittal of a Three Year (2005 -2008) Used Oil Recycling Block Grant Application to the California Integrated Waste Management Board. Staff Recommendation: Adopt Resolution No. 2005 -2315. F. Consider Resolution Amending the Conflict of Interest Code of the City of Moorpark and Rescinding Resolution No. 2004 -2247. Staff Recommendation: Adopt Resolution No. 2005 -2316. G. Consider Resolution Amending the Salary Plan for Competitive Service, Non - Competitive Service, and Hourly Employees and Rescinding Resolution No. 2005- 2298. Staff Recommendation: Adopt Resolution No. 2005 -2317. The following item was pulled for individual consideration. E. Consider 2005 Legislative Pro ram. Staff Recommendation: Adopt 2005 Legislative Program. Mr. Riley addressed three changes in the language as proposed by Mayor Hunter and Councilmember Mikos including: • On stamped page 191 of the agenda report, reword Item 6.A. to read, "Support legislation that ensures cities receive a proportionate share of property taxes upon withdrawal from a county library services district, or any other county service or district for which property taxes are received." • On stamped page 191 of the agenda report add language to Item 6.F. so it reads, "Oppose legislation that restricts or weakens a city's ability to regulate smoking areas, alcoholic beverage licenses, or adult - oriented business establishments." • On stamped page 193 of the agenda report add new language to Item 8.F. so it reads, "Oppose county development projects for undeveloped areas in the city's area of interest that do not conform to city standards." 0 () � -mow Minutes of the City Council Moorpark, California Page 7 April 20, 2005 In response to Mayor Pro Tempore Harper, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to adopt the 2005 Legislative Program, as amended for language in Sections 6.A, 6.F, and 8.F. The motion carried by voice vote 4 -0, Mayor Hunter absent. AT THIS POINT in the meeting the Council heard Public Hearings. 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 May 18, 2005. (continued from March 16, 2005, with public hearing open) Staff Recommendation: 1) Continue open public hearing; and 2) Adopt Resolutions Nos. 2005 -2318 and 2005 -2319 continuing the open public hearings to May 18, 2005. Mr. Riley gave the staff report. Mayor Pro Tempore Harper stated the public hearing remains open. In response to Mayor Pro Tempore Harper, Ms. Traffenstedt stated there were no speaker cards. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to: 1) Continue open public hearing; and 2) Adopt Resolutions Nos. 2005 -2318 and 2005- 2319 continuing the open public hearings to May 18, 2005. The motion carried by voice vote 4 -0, Mayor Hunter absent. AT THIS POINT in the meeting the Council recessed. The time was 8:06 p.m. The meeting reconvened at 8:17 p.m. B. 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, Applicant: North Park Village, LP. (continued from March 16, 2005, with public hearing open) Staff Recommendation: 1) Continue to take 00C�y3 Minutes of the City Council Moorpark, California -Page 8 April 20, 2005 testimony and close the public hearing; and 2) Continue the agenda item public hearing closed to May 4, 2005, to coincide with the consideration of a Development Agreement. Mr. Bobardt gave the staff report. Mayor Pro Tempore Harper stated the public hearing remains open. Kim Kilkenny, representing North Park Village, 680 Walnut Street, Moorpark, delivered a letter to Council requesting a Special Election for September. He spoke in support of the staff report and staff's recommendation, and reported on the progress made during the Development Agreement Ad Hoc Committee meeting. Daniel Groff spoke in support of the project citing the amenities it offers to the community. Eden Barrera spoke in opposition stating the projections for completion of the off -ramp are unrealistic and the developer is under capitalized. Anthony Banducci spoke in opposition citing increased traffic congestion and crime, lack of internal infrastructure, and tax impacts. Chris Childers spoke in support of the project citing the benefits of a public lake and another fire station. James Roller spoke in opposition to the project citing the amount of grading, and lack of a Phase II soils study. He requested the hearing remain open. Gary Cabriales spoke in support of the project stating even though impacts will be hard in the beginning, many issues have been mitigated, and development brings good things to the community. John Dyke spoke in support citing past successful development and the amenities proposed by North Park. Tim Saivar spoke in opposition citing outstanding environmental problems, traffic issues, grading, need 0041," Minutes of the City Council Moorpark, California Page 9 April 20, 2005 for mitigation of oil contamination, and creation of a lake in an arid environment. Steve Nardi spoke in opposition citing construction traffic near his home, the need for enforcement monitoring, grading, loss of trees, and overcrowding of schools. Susan Nardi spoke in opposition citing traffic issues. AT THIS POINT in the meeting the Council recessed. The time was 9:36 p.m. The meeting reconvened at 9:52 p.m. Terri Arias spoke in support of the project citing views, lake, hiking, and another retail center for Moorpark. Armando Aguirre spoke in support concurring with Ms. Arias about the long term benefits of the project. Ken Rayzor, Little League President, provided a history of that organization and stated North Park could provide much needed ball fields. Scott Green spoke in support of the project. Rod Menzel spoke in support of the project. David Bagwell spoke in support of the lake and project. Dorothy Ventimiglia spoke in opposition citing potential slow sales rate of homes, and development on contaminated land adjacent to a landfill and in a fire hazard zone. She stated a Special Election has a lower turn out and North Park should go on the November General Election ballot. Virginia Hayward spoke in support of the project on behalf of the Moorpark Chamber of Commerce citing additional housing, recreational amenities, increased City revenues, and new residents' support of local businesses. She stated if North Park is not approved the site is zoned by the County for a dump site or a youth correctional facility. vl A A- T"' .A--A -J Minutes of the City Council Moorpark, California Paae 10 April 20, 2005 James Carpenter spoke in support of the project citing the opportunity for all residents to enjoy the large recreational area. Jim Stueck spoke in support of North Park Village citing good planning by staff, the Planning Commission and City Council. Suzanne Wilson expressed concerns that North Park may not really be providing a baseball complex and spoke in opposition citing traffic and financial impacts to the City. Peter Greer spoke in support of the project as a positive influence on the community. Linda Shishino -Cruz spoke in opposition citing traffic, Valley Fever, excavation on contaminated soil, and as a losing proposition to the City. John Shishino -Cruz spoke in opposition citing health and safety concerns. Tim Rosevear spoke in opposition citing construction traffic; and objected to a Special Election, which would have a poor turnout. Randy Griffith spoke in opposition requesting mitigation measures be changed in response to recent Mammoth find, to provide several archeologists on site to monitor during grading; reduction of the project footprint as recommended by Santa Monica Mountains Conservancy (SMMC); and stated this land could be left as open space. Janet Murphy spoke in opposition and commented on changes needed to the Wildlife Study; clarification needed regarding mitigation measures in regard to Valley Fever; an emphasis on relocation rather than removal of impacted trees; and SMMC's request for a reduced footprint should be listed in the alternatives. She requested the Council be open to additional comments from the public even if the hearing is closed. Minutes of the City Council Moorpark, California Page 11 April 20, 2005 Patrick Carden spoke in opposition citing construction traffic; and stated the completion of the off -ramp should come before beginning development. In response to Mayor Pro Tempore Harper, Ms. Traffenstedt summarized the comments on 15 Written Statement Cards in favor and six in opposition to the project. Mr. Kilkenny clarified certain issues brought out in the public testimony and answered Council questions. A discussion followed amonc staff regarding issues to recycled water impact on th of impacted trees; archeological /paleontological grading on site. the Councilmembers and be researched including Arroyo -Simi; relocation and providing for monitoring during Mayor Pro Tempore Harper closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to continue the agenda item with public hearing closed to May 4, 2005, to coincide with the consideration of a North Park Village Development Agreement. The motion carried by voice vote 4 -0, Mayor Hunter absent. 11. ORDINANCES: A. Consider Ordinance No. 312, an Ordinance of the Cit of Moorpark, Approving Zone Change No. 2003 -02, for a Change of Zone from Commercial Planned Development (CPD) and Single- Family Residential (R -1) to Residential Planned Development - Twelve Units Per Acre (RPD -12u) and Open Space (OS) on 15.13 Acres, 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: Waive full reading and declare Ordinance No. 312 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 312. 010�iy if Minutes of the City Council Moorpark, California Page 12 April 20, 2005 MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to waive full reading of Ordinance No. 312, declare Ordinance No. 312 read for the second time and adopted as read. The motion carried by voice vote 4 -0, Mayor Hunter absent. B. Consider Ordinance No. 313, an Ordinance of the Cit of Moorpark, Adopting a Development Agreement Between the City of Moorpark and Shea Homes, Limited Partnership. Staff Recommendation: Waive full reading and declare Ordinance No. 313 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 313. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to waive full reading of Ordinance No. 313, declare Ordinance No. 313 read for the second time and adopted as read. The motion carried by voice vote 4 -0, Mayor Hunter absent. C. Consider Ordinance No. 314, an Ordinance of the Cit of Moorpark, Amending Certain Portions of Chapter 17.74 of the Moorpark Municipal Code, Pertaining to Development Standards within the Moorpark Highlands Specific Plan Area - Specific Plan No. 1995 -02. Staff Recommendation: Waive full reading and declare Ordinance No. 314 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 314. MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to waive full reading of Ordinance No. 314, declare Ordinance No. 314 read for the second time and adopted as read. The motion carried by voice vote 4 -0, Mayor Hunter absent. 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for one case under Item 12.B. on the agenda. OL Ali. �.V Minutes of the City Council Moorpark, California Page 13 April 20, 2005 MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to adjourn to closed session for a discussion of one case under Item 12.B. on the agenda. The motion carried by voice vote 4 -0, Mayor Hunter absent. The time was 11:24 p.m. B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) Present in closed session were Councilmembers Mikos, Millhouse, Parvin, and Mayor Pro Tempore Harper; Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Barry Hogan, Community Development Director, and Deborah Traffenstedt Administrative Services Director /City Clerk. The Council reconvened into open session at 11:35 p.m. Mr. Kueny stated one case under Item 12.B. was discussed and there was no action to report. 13. ADJOURNMENT: Mayor Pro Tempore Harper adjourned the meeting at 11:35 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk