Loading...
HomeMy WebLinkAboutAGENDA REPORT 2005 0518 CC REG ITEM 10ACITY OF MOORPARK, CALIFORNIA ITEM 10. A' City Council Meeting ACTION: MINUTES OF THE CITY COUNCIL Moorpark, California December 1, 2004 A Regular Meeting of the City Council of the City of Moorpark was held on December 1, 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 7:07 p.m. 2. PLEDGE OF ALLEGIANCE: Captain 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; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Blanca Garza, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Consider City Council Resolution the General Municipal Election 2004, and Declaring the Electi Other Matters as Required Recommendation: Adopt Resolution Reciting the Fact of Held on November 2, .on Results and Such by Law. Staff No. 2004 -2263. Ms. Traffenstedt gave the staff report. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2004 -2263. The motion carried by unanimous voice vote. //��Ck r.r 0- Minutes of the City Council Moorpark, California Paae 2 December 1, 2004 B. City Clerk administers the Oath of Office to Councilmember Millhouse. Ms. Traffenstedt administered the Oath of Office to Councilmember Keith Millhouse. C. City Clerk administers the Oath of Office to Councilmember Mikos. Ms. Traffenstedt administered the Oath of Office to Councilmember Roseann Mikos. D. City Clerk administers the Oath of Office to Mayor Patrick Hunter. Ms. Traffenstedt administered the Oath of Office to Mayor Patrick Hunter. E. Nomination and Selection of Mayor Pro Tempore. CONSENSUS: It was the consensus of the Council to defer nomination to the meeting of December 15. AT THIS POINT in the meeting, Mayor Hunter announced that the meeting would recess for a reception. The time was 7 :14 p.m. The meeting reconvened at 7:47 p.m. with all Councilmembers present. F. Presentation on the Status of Construction of Calleguas' Las Posas Feeder No. 3 Waterline Project by Calleguas Municipal Water District. Don Kendall, General Manager for Calleguas Municipal Water District, gave a presentation and answered questions related to the Calleguas Las Posas Feeder No. 3 Waterline Project on Los Angeles Avenue. G. Presentation on the Status of Construction of Calleguas' Las Posas Feeder No. 3 Waterline Project by Valverde Construction, Inc. Joe and Chris Valverde from Valverde Construction, Inc., gave a presentation and answered questions related to the Calleguas Las Posas Feeder No. 3 Waterline project on Los Angeles Avenue. O'..i EJ ►V .d Minutes of the City Council Moorpark, California Paqe 3 December 1, 2004 S. PUBLIC COMMENT: Steve Zelig, Esq., attorney representing multiple Moorpark clients with claims filed against Calleguas Municipal Water District, Valverde Construction, Inc. and the City of Moorpark, discussed the impacts of the project on families and businesses. David Pardo spoke in regard to negative impacts from the project to his business, Anderson's Jewelers, and the impacts to traffic in the area. Minutes of the City Council Moorpark, California Page 3 December 1, 2004 5. PUBLIC COMMENT: Steve Zelig, Esq., attorney representing multiple Moorpark clients with claims filed against Calleguas Municipal Water District, Valverde Construction, Inc. and the City of Moorpark, discussed the impacts of the project on families and businesses. David Pardo spoke in regard to negative impacts from the project to his business, Anderson's Jewelers, and the impacts to traffic in the area. Tracey Pardo spoke in regard to negative impacts from the Calleguas Municipal Water District project to business at Anderson's Jewelers, the lack of interest by Caltrans in this meeting, and traffic impacts to residents. Levin Valladares spoke in regard to negative impacts from the Calleguas Municipal Water District project on his family. In response to Mark Fiore's question about a previous ban on truck traffic on Los Angeles Avenue by Caltrans during bridge construction and the possibility Council could investigate the possibility of having this done again, Mayor Hunter stated the City will speak to Caltrans. Harvey Plaks spoke in regard to a petition signed by Mira Sol residents requesting relief from the Calleguas Municipal Water District project, damages to residential properties, and the disrespect to residents and the City by Valverde Construction, Inc., due to lack of response. Rick Penprase spoke in regard to unsafe circumstances created by Valverde and the need for involving OSHA to rectify the situation; and noise impacts from the Calleguas Municipal Water District project. CONSENSUS: It was the consensus of Council to meet with the City Attorney during closed session in regard to this item. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 9:08 p.m. The City Council meeting reconvened at 9:09 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: 0 1 (1 ��..e Minutes of the City Council Moorpark, California Paqe 4 December 1, 2004 None. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos announced a hike at Happy Camp Regional Park on Saturday, December 11, 2004. 8. PUBLIC HEARINGS: A. Consider General Plan Amendment Pre-screening Application No. 2001 -02 to Convert 4.0 Acres, Currently Planned for General Commercial Uses, to Very High Density Residential Uses for the Construction of Apartments or Condominiums at 601 -699 West Los Angeles Avenue on the Application of Grand Moorpark, LLC. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Deny GPA Pre - screening Application No. 2001 -02 and direct staff not to accept a General Plan Amendment application as proposed in this Pre- screening Application. Mr. Hogan gave the staff report. Mayor Hunter opened the public hearing. Chuck Cohen, attorney representing Grand Moorpark, LLC, 2801 Townsgate Road, Thousand Oaks, spoke in regard to failures in the Kotin study; and the need to provide more residential development in the City. David Rush, representing CB Richard Ellis Consulting, 830 Pleasant Dale Place, Thousand Oaks, provided copies to the Council of a letter he had written to Mr. Cohen, in which he stated this site is not viable for retail. Oscar Barrera spoke in opposition to the proposal citing traffic concerns. John Gresham spoke in opposition to very high density residential and in support of limited commercial development for the site. Mr. Cohen stated whatever goes forward there is going to be a need for interface between the property owner Minutes of the City Council Moorpark, California Page 5 December 1, 2004 and the residents along Shasta Avenue since access will exist whether this is commercial, retail office or any other use. Mayor Hunter closed the public hearing. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to deny GPA Pre - screening Application No. 2001 -02 and direct staff not to accept a General Plan Amendment application as proposed in this Pre - screening Application. The motion carried by voice vote 4 -1, Councilmember Millhouse dissenting. B. Consider Use of Supplemental Law Enforcement Services Grant Funds for 2004/2005 Fiscal Year. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Approve expenditure plan. Mr. Riley gave the staff report. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mayor Hunter closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to approve the expenditure plan for use of Supplemental Law Enforcement Services Grant Funds for 2004/05 Fiscal Year funding of a 40 -hour patrol officer to enhance front -line law enforcement. The motion carried by unanimous voice vote. AT THIS POINT in the meeting the Council recessed. The time was 10:09 p.m. The meeting reconvened at 10:23 p.m. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Resolution Establishing "No Stopping Anytime" Zones on Park Lane South of Los Angeles Avenue. (continued from November 17, 2004) Staff Recommendation: Adopt Resolution No. 2004 -2264. Mr. Gilbert gave the staff report and noted a correction to stamped page 25 of the agenda report for 0� ��� Minutes of the City Council Moorpark, California Paqe 6 December 1, 2004 the street name on the exhibit attached to the resolution. Dave Bovey, President of Faith Lutheran Church, spoke about the congregations' concerns about parking restrictions and proposed as amendment to the resolution to allow parking on Sundays. MOTION: Councilmember Parvin moved and Councilmember Millhouse seconded a motion to adopt Resolution No. 2005- 2264, as amended, to exclude "No Stopping Anytime" on Sundays. The motion carried by unanimous voice vote. B. Consider Port of Hueneme /Oxnard Harbor District Organizational Issues. Staff Recommendation: Direct staff as deemed appropriate. Mr. Bobardt gave the staff report. Councilmember Mikos suggested researching the membership of the Local Agency Formation Commission ( LAFCO) to facilitate communication and Councilmember Millhouse requested information on potential appointments to LAFCO. Mr. Kueny recommended the Mayor address the issue with the Ventura Council of Governments (VCOG), which is the representative of each of the cities in the county. Mayor Hunter suggested an ad hoc committee be formed to explore legal options and explore support available from other cities. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to appoint Mayor Hunter and Councilmember Millhouse to an ad hoc committee to explore legal options and support available from other cities; and directed staff to research appointments to LAFCO and report back to Council at a future meeting. The motion carried by unanimous voice vote. C. Consider the Draft Subsequent Environmental Impact Report (EIR) for the Focused Update of the Ventura 0 C A Minutes of the City Council Moorpark, California Paqe 7 December 1, 2004 County General Plan. Staff staff to prepare a letter to resubmitting comments made in of Preparation, along with certain sections of SR -118 and two -lane roads in the General F Recommendation: Direct the County of Ventura, response to the Notice a recommendation that SR -34 remain planned as Ilan update. Mr. Hogan gave the staff report. Councilmember Harper recommended the letter to the County include language that the circulation and traffic analysis is inadequate. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to prepare a letter to the County of Ventura, resubmitting comments made in response to the Notice of Preparation, along with a recommendation that certain sections of SR -118 and SR -34 remain planned as two - lane roads in the General Plan update and to include language that the circulation and traffic analysis is inadequate. The motion carried by unanimous voice vote. D. Consider Report on Three -Year Strategic Plan to Address Unmet Service and Housing Needs for the Community Development Block Grant - Countywide Consolidated Plan for 2005 -2007. Staff Recommendation: Accept public comment and direct staff to submit Consolidated Plan to the County of Ventura. Mr. Riley 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 direct staff to submit Consolidated Plan to the County of Ventura. The motion carried by unanimous voice vote. E. Consider Street Sweeping Parking Restrictions. Staff Recommendation: Refer possible program modifications to the Transportation and Streets Committee. 0�e :', Minutes of the City Council Moorpark, California Page 8 December 1, 2004 Mayor Hunter stated he had wanted this item agendized to discuss coordination needed between the entity that writes the restrictions for street sweeping parking, those who enforce the restrictions, and finally the company that carries out the street sweeping. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to direct staff to analyze the benefits of the City assuming street sweeping responsibilities and report back to Council within 90 days. The motion carried by unanimous voice vote. F. Consider an 0 Chapter 8.28 Providing for Established by Recommendation: reading. rdinance Amending Section 8.28.050 of of Title 8 of the Municipal Code False Alarm Response Fees to be Resolution of the City Council. Staff Introduce Ordinance No. 310 for first Ms. Borchard gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mr. Montes read the title of Ordinance No. 310. MOTION: Councilmember Parvin moved and Councilmember Millhouse seconded a motion to waive full reading and introduce Ordinance No. 310 for first reading. The motion carried by unanimous voice vote. G. Consider City Appointments Redevelopment Recommendatio Redevelopment assignments. Council Standing and Ad Hoc Committee and Other City Council and Moorpark Agency Committee Assignments. Staff n: Determine City Council and Moorpark Agency committee appointments and Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. 0 C 0020 � � Minutes of the City Council Moorpark, California Paae 9 December 1, 2004 CONSENSUS: It was the consensus of Council to make no changes to current Standing Committee appointments. Councilmember Parvin requested the Base Retention and Closure (BRAC) committee be added to Item 5. CONSENSUS: It was the consensus of Council to delete from the list of Ad Hoc Committees, the Cable Communications Franchises, Asadurian Investments Project, and Southern California Edison Properties. CONSENSUS: It was the consensus of the Council to direct staff to follow -up on scheduling of the City Selection Committee reappointment of Councilmember Mikos to the Fox Canyon Ground Water Management Agency prior to expiration of her current term. 10. CONSENT CALENDAR: MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to approve the Consent. The motion carried by unanimous roll call vote. A. Consider Approval of Warrant Register for Fiscal Year 2004 -2005 - December 1. 2004. Manual Warrants 117801 - 117801 $ 34,520.12 Voided Warrants 117708 & 117748 $ (2,549.92) Payroll Liability 117795 - 117800 $ 2,769.78 Warrants Regular Warrants 117802 - 117890 & $ 51,656.84 117891 - 117908 $ 541,064.02 Staff Recommendation: Approve the warrant register. B. Consider a 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. (continued from November 17, 2004) Staff Recommendation: Adopt Resolution No. 2004- 2265 amending the FY 2004/05 Budget to approve appropriations and fund transfers required to fund FY 2003/04 year -end deficits in certain of the City's Landscaping and Lighting Assessment District Funds. ROLL CALL VOTE REQUIRED Minutes of the City Council Moorpark, California Paae 10 C. Consider Extension of an A to Provide Security Guard Metrolink Station. Staff one -year extension of the Security and authorize the extension December 1, 2004 reement with Dial Securit Services at the Moorpark Recommendation: Approve a City's Agreement with Dial City Manager to execute the D. Consider Bond Exoneration for Pacific Bell Building Addition at 400 Minor Street. Staff Recommendation: Authorize the City Clerk to fully exonerate surety #103741032 for 400 Minor Street. E. Consider Purchase Documents for First -Time Home Buver Program; Accepting Agency Interest in the Ongoing Affordability of Lots 12, 13 and 14 of Tract No. 5307; and Authorizing City Manager to Execute all Documents, Related to the First -Time Home Buyer Program. Staff Recommendation: 1) Approve the Promissory Note, Deed of Trust and Security Agreement, Option in the Event of Transfer Agreement, Resale and Refinance Restriction Agreement, Disclosure Notice, and Declaration under Penalty of Perjury for City's First - Time Home Buyer Program, subject to final language approval by City Manager and City Attorney; 2) Authorize City Manager to execute all documents, named above, related to the First -Time Home Buyer Program; and 3) Accept Moorpark Redevelopment Agency's obligation and interest in providing for the ongoing affordability of Lots 12, 13 and 14 of Tract No. 5307. 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Kueny requested the Council go into closed session for one case under Item 12.A. and three cases under Item 12.B. on the agenda. Mr. Montes stated in regard to Item 12.A. the facts and circumstances creating significant exposure to litigation consist of statements made during Public Comments by attorney Steve Zelig, indicating the intention to include the City of Moorpark in the lawsuit derived from the Calleguas Municipal Water District project on Los Angeles Avenue. Minutes of the City Council Moorpark, California Page 11 December 1, 2004 MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to adjourn to closed session for a discussion of one case under Item 12.A. and three cases under Item 12.B. on the agenda. The motion carried by unanimous voice vote. The time was 10:59 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 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; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 11:47 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. 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 11:47 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk MINUTES OF THE CITY COUNCIL Moorpark, California Mav 4, 2005 A Special Meeting of the City Council of the City of Moorpark was held on May 4, 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, Parvin, and Mayor Hunter. Absent: Councilmember Millhouse Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Director; Mary Lindley, Community Services Director; and Deborah Traffenstedt, Administrative Services Director /City Clerk. 3. PUBLIC COMMENT: None. 4. PRESENTATION /ACTION /DISCUSSION: A. Consider Funding Options for Library Services 2005/06 Fiscal Year Budget. Staff Recommendation: Direct staff as deemed appropriate. Ms. Lindley gave the staff report. The Council and staff discussed the City Managers' of the seven cities in the library system and County CEO's interim compromise plan where the County of Ventura, Camarillo, Moorpark and Simi Valley would each provide a portion of its projected 2005/06 surplus to offset the library system deficit. The City of Ventura would receive partial assistance with its deficit, up to $90,000, and would develop its own means to fund its remaining deficit or reduce services. 0''ki..1-0 . Minutes of the City Council Moorpark, California Page 2 May 4 2005 CONSENSUS: It was the consensus of the Council to direct Councilmember Harper as the City's representative on the Ventura County Library Service Commission to vote in favor of the interim compromise plan proposed by City Managers and the County CEO. 5. CLOSED SESSION: None was held. 6. ADJOURNMENT: Mayor Hunter adjourned the meeting at 7:00 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 0��� MINUTES OF THE CITY COUNCIL Moorpark, California Mav 4, 2005 A Regular Meeting of the City Council of the City of Moorpark was held on May 4, 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 7:20 p.m. 2. PLEDGE OF ALLEGIANCE: Will Smith of Boy Scout Troop 605, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Parvin, and Mayor Hunter. Absent: Councilmember Millhouse Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Kenneth Gilbert, Public Works Director; Mary Lindley, Parks /Recreation and Community Services Director; Barry Hogan, Community Development Director; Brad Miller, City Engineer; Captain Richard Diaz, Sheriff's Department; David Bobardt, Planning Manager; Deborah Traffenstedt, Administrative Services Director /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation Declaring May 2 through May 8 as Public Service Recognition Week. Mayor Hunter presented City employees John Casillas, Teresa Jones, and Mark Westerline with a proclamation declaring May 2 through May 8 as Public Service recognition Week. B. Proclamation Declaring May 2005 Veterans Appreciation Month. Minutes of the City Council Moorpark, California Page 2 May 4, 2005 Mayor Hunter presented Veterans John Wozniak, former Councilmember and Joseph Catrambone, Parks and Recreation Commissioner with a proclamation declaring May 2005 Veterans Appreciation Month. C. Proclamation Recognizing Rotary Clubs Worldwide Upon Their 100th Anniversary. Mayor Hunter presented Moorpark Rotary Club President, Pam Hill with a proclamation recognizing Rotary Clubs worldwide upon their 100th anniversary. D. Proclamation Declaring May 2005 Community Action Month. Councilmember Mikos, Chair of the Board of the Commission on Human Concern's, presented Executive Director, Joseph Billingiere with a proclamation declaring May 2005 Community Action Month. 5. PUBLIC COMMENT: Gerald Goldstein spoke about court enforced cleanup of his property. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Parvin announced the Moorpark Rotary Club is sponsoring a Blue Grass Festival on Memorial Day, May 30, at Tierra Rejada Ranch. Mayor Hunter announced a Free Landfill Day for Moorpark residents on Sunday, May 15, at the Simi Valley Landfill and Recycling Center. Mayor Hunter announced the Moorpark Beach Bus runs Tuesdays and Thursdays, June 21 through August 30, with two trips to Zuma beach on those days. Mayor Hunter announced Moorpark City Transit Summer Youth Bus Passes are available for purchase at City Hall and r* by 0 Minutes of the City Council Moorpark, California Page 3 May 4, 2005 Arroyo Vista Recreation Center and are valid June 1 through September 15. 8. PUBLIC HEARINGS: 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, Applicant: North Park Village, LP. (continued public hearing closed from April 20, 2005) Staff Recommendation: 1) Discuss the project and direct staff as deemed appropriate; and 2) Continue the closed public hearing to May 18, 2005. Mayor Hunter announced the public hearing remains closed. CONSENSUS: It was the consensus of the Council, due to the absence of Councilmember Millhouse, to only discuss procedural matters, ask questions of staff for future discussion, and then to continue this item to a Special Meeting on May 10, 2005. Mr. Montes reported on late correspondence received from Burke, Williams & Sorensen, LLP, providing a procedural roadmap and clarification on public participation in the remaining deliberation on the North Park Village project. Mr. Bobardt gave the staff report and responded to questions from the April 20 meeting. In response to Council, Mr. Bobardt stated the following topics would be added to the outline for discussion: • Hillside Management Ordinance • Gating of Residential Areas • Bikeways • Other Biological Concerns MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to continue the closed public hearing to a Special Meeting for Tuesday, May 10, 2005. Minutes of the City Council Moorpark, California Paqe 4 Mav 4. 2005 The motion carried by voice vote 4 -0, Councilmember Millhouse absent. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Proposed Development Agreement Between North Park Village Limited Partnership and City of Moorpark Pertaining to General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01, and Zone Change No. 2001- 02. Staff Recommendation: Refer the draft Development Agreement to the Planning Commission and schedule City Council Public Hearing for a date certain in June, 2005. Mr. Kueny gave the staff report. Kim Kilkenny, representing North Park Village, 680 Walnut Street, Moorpark, spoke in support of staff's recommendation and stated they concur with Mr. Kueny that the Development Agreement is 98% done. He requested the City get a proposal for conducting a special election by contacting an election consultant. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to continue the item to the Special meeting on May 10, 2005. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. B. Consider Power Point Presentation on Rail Intermodal Transportation. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Mikos gave the presentation. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. CONSENSUS: It was the consensus of the Council to direct staff to prepare a resolution for the Consent Calendar of May 18, 2005, in support of the Go21 Proposition to remove trucks from the roadways and enhance rail infrastructure to handle increased use of freight transportation, and to propose grade separated rail crossings. C. Consider Scheduling of the Summer Meeting Recess. Staff Recommendation: Direct staff to post a notice Minutes of the City Council Moorpark, California Page 5 May 4, 2005 of meeting cancellation for the selected summer recess date(s). Ms. Traffenstedt 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 direct staff to post notices of cancellation for City Council meetings of August 3 and August 17, 2005. The motion carried by voice vote 3 -0, with Councilmember Mikos abstaining and Councilmember Millhouse absent. D. Consider Resolution of Intention to Amend the Contract between the Board of Administration of the California Public Employees' Retirement System (CalPERS) and the City of Moorpark and First Reading of an Ordinance Authorizing an Amendment to the Contract between the City and the Board of Administration of CalPERS to Provide Section 21623.5 Retired Death Benefit. Staff Recommendation: 1) Adopt Resolution of Intention No. 2005 -2320; and 2) Waive full reading and introduce Ordinance No. 315 for first reading; and 3) Direct that second reading of the ordinance shall occur on June 1, 2005. Ms. Traffenstedt 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 adopt Resolution No. 2005 -2320. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. Mr. Montes read the title of Ordinance No. 315. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive full reading of Ordinance No. 315, declare Ordinance No. 315 read for the first time, and to schedule second reading and adoption for June 1, 2005. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. Minutes of the City Council Moorpark, California Page 6 Mav 4, 2005 10. CONSENT CALENDAR: Councilmember Mikos requested Item 10.I. be pulled from the Consent Calendar for individual consideration. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of Item 10.I, which was pulled for individual consideration. The motion carried by roll call vote 4 -0, Councilmember Millhouse absent. A. Consider Approval of Minutes of Regular Meeting of November 3, 2004. Consider Approval of Minutes of Regular Meeting of November 17, 2004. Consider Approval of Minutes of Regular Meeting of April 20, 2005. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2004 -2005 - May 4, 2005. Manual Warrants 119075 - 119077 & $ 58,250.00 Voided Warrant 119185 $ (0.00) Payroll Liability 119070 - 119074 $ 1,710.20 Warrants Regular Warrants 119078 - 119183 & $ 54,647.02 119184 - 119203 $ 270,838.24 Staff Recommendation: Approve the warrant register. C. Consider Resolution Approving the Preliminary Assessment Engineer's Report for the Parks and Recreation Maintenance and Improvement Assessment District for Fiscal Year 2005/2006 and Providing Notice of Public Hearing on June 1, 2005. Staff Recommendation: Adopt Resolution No. 2005 -2321. D. Consider Award of Contract to HH Construction for Installation of Playground Equipment at Virginia Minutes of the City Council Moorpark, California Page 7 May 4, 2005 Colony Park. Staff Recommendation: Award a contract to HH Construction for playground improvements at Virginia Colony Park and authorize the City Manager to sign said contract on behalf of the City. E. Consider Contract Extensions for Sunrid e Landscape Services and Venco Western for Landscape Maintenance Services. Staff Recommendation: Approve one -year contract extensions through June 20, 2006, including a three percent adjustment, with Sunridge Landscape Services, Inc. and Venco Western, Inc., for landscape maintenance services as described in the agenda report and authorize the City Manager to execute the amendments on behalf of the City. F. Consider Resolution Approving the Engineer's Report for the Landscaping and Lighting Maintenance Assessment Districts for Fiscal Year 2005/06 and Providing Notice of Public Hearing on June 1, 2005. Staff Recommendation: Adopt Resolution No. 2005 -2322. G. Consider Resolution Approving the En ineer's Report for Assessment District AD05 -01 (M &M Development - Parcel Map 5264) for Fiscal Year 2005/06 and Providing Notice of Public Hearing on June 1, 2005. Staff Recommendation: Adopt Resolution No. 2005 -2323. H. Consider Resection of Claims: Village Discount Muffler & and John Gonda, DVM dba Hospital. Staff Recommendatio direct staff to send a star the claimants. Sodaba Arahandiwall dba Brake; George R. Hecker; Arrovo Vista Veterinary n: Reject the claims and dard rejection letter to The following item was pulled for individual consideration. I. Consider Waive ApI Portable Festival. Request from Moorpa licable Permit Fees Stage and Shade Cano Staff Recommendati trom the Moorpark Chamber Temporary Use Permit Fee an canopy for the Apricot Festiva rk Chamber of Commerce to and to Utilize the City's py for the Annual Apricot on: Approve the request of Commerce to waive d allow use of the shade l on June 11, 2005. Mr. Riley gave the staff report. r- 0 �, .. Minutes of the City Council Moorpark, California Page 8 May 4, 2005 In response to Councilmember Mikos, Mr. Riley stated the Moorpark Chamber of Commerce is making arrangements to safely transport the portable stage. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to approve the request from the Moorpark Chamber of Commerce to waive the Temporary Use Permit Fee and allow use of the shade canopy and portable stage, provided the Chamber arranges for safe transport to the Apricot Festival on June 11, 2005. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for three cases under Item 12.B. on the agenda. MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to adjourn to closed session for a discussion of three cases under Item 12.B. on the agenda. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. The time was 9:09 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 Harper, Mikos, Parvin and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Mary Lindley, Parks /Recreation and Community Services Director (left the meeting at 9:23 p.m.); Barry Hogan, Community Development Director; and Deborah Traffenstedt Administrative Services Director /City Clerk. The Council reconvened into open session at 9:35 p.m. Mr. Kueny stated only two cases under Item 12.B. were discussed and there was no action to report. F ii a 02111:1 ir. S Minutes of the City Council Moorpark, California Page 9 Mav 4, 2005 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 9:35 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk i.w. . . MINUTES OF THE CITY COUNCIL Moorpark, California Mav 10, 2005 A Special Meeting of the City Council of the City of Moorpark was held on May 10, 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; Mary Lindley, Parks /Recreation and Community Services Director; Barry Hogan, Community Development Director; David Bobardt, Planning Manager; and Deborah Traffenstedt, Administrative Services Director /City Clerk. 3. PUBLIC COMMENT: None. 4. PRESENTATION /ACTION /DISCUSSION: A. Consider Creation of a New Active Adult Center Supervisor Classification. Staff Recommendation: Direct staff to schedule on the Consent Calendar for the May 18 regular meeting, resolutions revising the Salary Plan and the Classification Plan to add an Active Adult Center Supervisor classification. Ms. Lindley gave the staff report. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to direct staff to schedule on the Consent Calendar for the May 18 regular meeting, resolutions revising the Salary Plan and the Classification Plan to add an Active Adult Center Supervisor Minutes of the City Council Moorpark, California Page 2 Date, 2005 classification. The motion carried by unanimous voice vote. 5. CLOSED SESSION: None was held. 6. ADJOURNMENT: Mayor Hunter adjourned the meeting at 6:52 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk OrNc�"�" %..;0 w & — MINUTES OF THE CITY COUNCIL Moorpark, California May 10, 2005 A Special Meeting of the City Council of the City of Moorpark was held on May 10, 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 7:14 p.m. 2. PLEDGE OF ALLEGIANCE: Mary Lindley, Parks, Recreation and 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, 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. 4. PUBLIC COMMENT: None. 5. PUBLIC HEARINGS: 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, Applicant: North Park Village, LP. �N p .., , ) Minutes of the City Council Moorpark, California Page 2 May 10, 2005 (continued public hearing closed from May 4, 2005) Staff Recommendation: 1) Discuss the project and direct staff as deemed appropriate; and 2) Continue the closed public hearing to May 18, 2005. Mr. Bobardt gave the staff report and answered questions from the May 18 meeting. Mayor Hunter stated the public hearing remains closed. CONSENSUS: It was the consensus of the Council to discuss the adequacy of the EIR. The following areas of concern were discussed: • Hillside Ordinance • Traffic Impacts • Construction Impacts • Oil Wells • Wildlife Corridors and Other Biological Resources MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to direct the City Attorney to study all possible procedures for preparation of separate resolutions for the Environmental Impact Report, Mitigation Monitoring and Reporting Program, Findings of Fact for each significant environmental impact, and a Statement of Overriding Considerations or to prepare only one resolution containing all required components. Mr. Montes requested an amendment to the motion to also include continuing the closed public hearing to May 18, 2005. AMENDED MOTION: Councilmember Harper moved to amend the motion and Councilmember Parvin seconded the amendment to include continuing the closed public hearing to May 18, 2005. The motion carried by unanimous voice vote. 6. PRESENTATION /ACTION /DISCUSSION: A. Consider Proposed Development Aqreement Between North Park Village Limited Partnership and City of Moorpark Pertaining to General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01, and Zone Change No 2001- 02. (continued from May 04, 2005) Staff Recommendation: Refer the draft Development Agreement to the Planning Commission and direct staff to or-�C ^�4 \...' .%.�_J. Minutes of the City Council Moorpark, California Page 3 May 10, 2005 schedule a City Council Public Hearing for a date certain in June, 2005. Mr. Kueny gave the staff report and discussed changes and items agreed upon by staff and the applicant subsequent to preparation of the report. He stated agreement has been reached on the issues; the development agreement is ready with editing changes for referral to the Planning Commission for a special meeting to be scheduled for May 23; and then agendized for a City Council public hearing for June 1. Kim Kilkenny, representing North Park Village, 680 Walnut Street, Moorpark, spoke in support of staff's recommendation for referral of the development agreement to Planning Commission with the additional items outlined by the City Manager. He stated the one outstanding issue to provide for a provision compensating the neighbors in the Campus Park area should be resolved before the Planning Commission meeting; and they will defer to Council on whether the age limit for qualification for senior housing should be 55- or 60 -years of age. In response to Mayor, Mr. Kilkenny stated North Park concurs with the provisions in the Development Agreement and by the time the document is finalized he will be authorized to sign. Councilmember Parvin requested language regarding bikeway access be added to Item e. on stamped page 37 of the agenda report. MOTION: Councilmember Harper moved Parvin seconded a motion to refer the Agreement to the Planning Commission i direct staff to schedule a City Council a date certain in June 1, 2005. The unanimous voice vote. 7. CLOSED SESSION: and Councilmember draft Development :or May 23 and to Public Hearing for motion carried by Mr. Kueny requested the Council adjourn to closed session for discussion of one case under Item 12.B. on the agenda. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adjourn to closed session for discussion of 00CPI.3~ Minutes of the City Council Moorpark, California Page 4 May 10, 2005 one case under Item 12.B. on the agenda. The motion carried by unanimous voice vote. The time was 9:30 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 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; Brad Miller, City Engineer; and Deborah Traffenstedt, Administrative Services Director /City Clerk. The City Council reconvened into open session at 9:37 p.m. Mr. Kueny stated that one case under Item 12.B. was discussed and there was no action to report. 8. ADJOURNMENT: Mayor Hunter adjourned the meeting at 9:37 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 0 `.! L r.r �f