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HomeMy WebLinkAboutMIN 2003 1105 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California November 5, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on November 5, 2003, 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 7:12 p.m. 2. PLEDGE OF ALLEGIANCE: Kenneth Gilbert, Public Works 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; Kenneth Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Cynthia Borchard, Administrative Services Director; Walter Brown, City Engineer; Captain Richard Diaz, Sheriff's Department; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Presentation by Fire Chief, Bob Roper, Ventura County Fire Protection District. Chief Roper gave a briefing on the recent fires. He announced a town meeting to be held Monday, November 10, 2003, at 7:00 p.m. in the Citrus Room at the Moorpark Community Center where the public and fire officials can share information concerning the fires. Minutes of the City Council Moorpark, California Page 2 November 5, 2003 5. PUBLIC COMMENT: Dale Parvin, President of the Moorpark Rotary Club, announced the upcoming Civil War Reenactment to be held on Saturday, November 8th and Sunday, November 9th. Ralph Mauriello, a Moorpark resident, representing Serenata Homeowners Association, requested assistance for residents surrounded by native vegetation, who are prohibited from clearing around their homes to comply with the 100 -foot fire break. He asked what agency is responsible for the restriction and asked the Council for help in changing that order. Councilmember Millhouse stated staff has been working on this dilemma in the Carlsberg development where there is a conflict between protecting the natural vegetation and achieving a 100 -foot fire clearance. Mr. Hogan stated research has been initiated; however, at this early date there are no answers; the Environmental Impact Report requirements for this Specific Plan area need to be determined; and staff will prepare a report once the requirements are ascertained and solutions are available. Mayor Hunter requested Mr. Hogan meet with Mr. Mauriello. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:29 p.m. The City Council meeting reconvened at 7:30 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos, as Chair of the Board of the Commission on Human Concerns, announced there will be additional disaster assistance for the people in Moorpark approved by the State Department Oversight Commission. Information will be available next week by calling 805 -486- 4725. Minutes of the City Council Moorpark, California Page 3 November 5, 2003 Councilmember Mikos announced a 3 -mile hike to Happy Camp Recreational Park on Sunday, November 9, 2003, from 9:00 a.m. to noon. Councilmember Mikos Veteran's Day event, and American Legion, a.m. at the corner of veterans will also be Park. announced the November 11, 2003, sponsored by the City, Boys Scouts, will begin with a ceremony at 8:00 Moorpark and Los Angeles Avenues and honored at 10:00 a.m. at Poindexter Councilmember Millhouse thanked the firefighters for the incredible job they performed in the recent fires. He stated those who have lost their homes and property are in the Council's thoughts and prayers and asked them to let the Council, City, and public agencies know of their needs so assistance can be provided. Councilmember Millhouse asked for a future agenda item for November 19, 2003, regarding the waiver of fees for temporary housing damaged by the fire. He announced the City's contract engineering firm, Charles Abbott & Associates is donating $5,000 to pay building permit related fees for fire victims. Mayor Hunter announced a fire debriefing meeting will be held on Monday, November 10, 2003, at City Hall. Additional information is available by calling 517 -6247. Mayor Hunter announced a town hall meeting on Tuesday, November 11, 2003, at 6:30 p.m. a the Moorpark Community Center where a panel of disaster relief experts and California Insurance Commissioner, John Garamendi will provide advice on the insurance process, obtaining financial relief, and working with licensed contractors. Mayor Hunter announced the Government Office of Emergency Services will be present at the Simi Valley Police Station on Wednesday, November 12, 2003, at 9:30 a.m. Councilmember Parvin thanked the fire fighters and local residents who helped put out the fires in Moorpark. She congratulated Captain Diaz on taking two suspects into custody for the burglary of a local convenience store, which took place during the fire crisis. Minutes of the City Council Moorpark, California 4 November 5, 2003 Councilmember Harper requested a future workshop to evaluate what went well during the fires and what did not. He emphasized the need for better means of communication during emergency situations, as cell phones and land phone lines are not reliable. He stated Moorpark College would like to participate in such a workshop. 8. PUBLIC HEARING: A. Consider Minor Modification No. 3 to Industrial Planned Development Permit No. 1993 -01, an Application for Seasonal Outdoor Storage on an Ongoing Basis within a Parking Area of an Existing Warehouse Facility Located at 709 and 700 Science Drive, on the Application of Aldik Artificial Flowers, Inc. (Continued from October 1, 2003, with public hearing open.) Staff Recommendation: 1) Accept additional public testimony, and close the public hearing; and 2) Adopt Resolution No. 2003 -2138, denying Minor Modification No. 3 to Industrial Planned Development No. 1993 -01. Mr. Hogan gave the staff report. Mayor Hunter opened the public hearing. Steve Jarvi, representing Aldik Artificial Flowers, Inc. 709 Science Drive, Moorpark, explained the company is under new management, which is trying to clean up the site and make changes in the inventory so it fits inside the building. He spoke about the need for outdoor storage over the next five months, especially for Christmas merchandise; and provided photos to the Council reflecting the improved condition of the site. In response to Council questions, Mr. Jarvi stated a portion of the facility is sublet; the lease cannot be broken; and the previous owners did not take the zoning restrictions into consideration. Mr. Hogan stated the fundamental issue is that outdoor storage is not permitted in the M1 zone; the business has outgrown its location; and five months is not temporary outdoor storage. Minutes of the City Council Moorpark, California Paae 5 November 5, 2003 Councilmember Mikos stated the photos depict an entirely different circumstance than staff was presented with for this application; and asked if any other solutions other than moving to a new facility could be considered, such as expanding the building. Mr. Hogan stated staff could analyze whether an addition could be made to the building or whether covering the storage area would meet the requirements of the zone. In response to Councilmember Parvin, Mr. Hogan clarified a Temporary Use Permit is for unique events that are not repetitive each year and can be approved for outdoor activity by the Community Development Director for ninety days with a one -time ninety day extension. Councilmember Harper stated it is disconcerting that part of the building is sublet, causing the need for outdoor storage; he does not like to see the zone violated; and recommended the applicant return with a new application asking for a Temporary Use Permit for outdoor storage, while working to remove the sublet and moving the product inside. Councilmember Millhouse concurred with Councilmember Harper's suggestion. He stated Council values having this business in town and would like to work with the applicant; it is better to deny this application; and have the applicant return with a new request. Mr. Hogan stated if it is Council's desire to direct staff to consider a Temporary Use Permit next year to honor the one -time Christmas activity for three months and an extension for three more months, it would allow more time to work on the solution and give the applicant the opportunity to reduce inventory. Mayor Hunter stated Council is sympathetic to the applicant's request and the remaining concern is the manner in which the applicant gets to that point without violating code. He concurred with Councilmember Harper's option and requested the applicant make quick progress in cleaning up the site. Minutes of the City Council Moorpark, California Page 6 November 5, 2003 Mr. Jarvi stated they have no desire for outdoor storage on a permanent basis. Mayor Hunter closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2003 -2138, denying Minor Modification No. 3 to Industrial Planned Development No. 1993 -01, with direction to staff to work with the applicant to find alternatives. The motion carried by unanimous voice vote. 9. PRESENTATION /ACTION /DISCUSSION: A. Government Accounting Standards Board (GASB) Statement No. 34 Infrastructure Inventory Final Report. Staff Recommendation: Accept Harris and Associates Final Report, dated November 2003, and entitled "Final Report, GASB 34 Infrastructure Valuation Services. Ms. Borchard gave the staff report and introduced the project manager for the consultant, Dennis Anderson, as available for questions. Councilmember Mikos congratulated staff on the positive results of the report and stated it was interesting to learn of all the assets within the City. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to accept Harris and Associates Final Report, dated November 2003, and entitled "Final Report, GASB 34 Infrastructure Valuation Services. Councilmember Harper asked what value the report is to the City; and if the City Attorney knew of any statute requiring such a report. Mr. Montes stated the asset inventory report is advised by firms performing city audits; he is not familiar with a specific statutory requirement; however, he would be happy to research this and report back to the Council if they wish. Minutes of the City Council Moorpark, California Page 7 November 5, 2003 Councilmember Millhouse stated the report was valuable in terms of the City's ability to obtain financing in the private market place and for insurance purposes. Councilmember Harper stated when he was on the school board a similar report was an audit requirement; however, when researched by the board's attorney, it proved not to be a statutory requirement. He further questioned the purpose of maintaining an inventory of assets that cannot be liquidated. Ms. Borchard stated staff sees a benefit in having an inventory of assets along with an idea of their condition so anyone looking at the financial situation of the City can have a basis for their evaluation. The motion carried by unanimous voice vote. B. Consider Left -Turn Ingress from New Los Angeles Avenue into the Shopping Center Located at the Northeast Corner of New Los Angeles Avenue and Spring Road. Staff Recommendation: Direct staff to send a letter to Caltrans asking that New Los Angeles Avenue be re- striped to eliminate the left -turn pocket for the subject left -turn ingress traffic movement. Mr. Gilbert gave the staff report. Debbie Voss, representing McDonald's restaurant, 501 New Los Angeles Avenue, Moorpark, thanked the Council for previous assistance in helping their business. She expressed concern regarding the changes in the traffic over the past ten years and the affects to the businesses if left -turn ingress is prohibited on Los Angeles Avenue. Ms. Voss suggested some improvements to the area including an additional traffic light, a new driveway, speed bumps, and pruning of trees that block vehicular line of sight. She stated if the left turn is eliminated, better signage for turning on Spring Road would be warranted. Ms. Voss ended by stating she understands and concurs with staff's request, and would like to review Mr. Gilbert's information and be involved with meetings with Caltrans. In response to Councilmember Millhouse, Mr. Kueny stated staff has been unsuccessful in setting up a Minutes of the City Council Moorpark, California Page 8 November 5, 2003 meeting with the owner of the apartment project to discuss an easement to allow reciprocal access and the possibility of an additional signal light at the location of the driveway for the apartments. Mr. Gilbert stated Caltrans would require a Traffic Signal Warrant Study prior to approving any installation; and he is doubtful this location would qualify. Councilmember Millhouse stated Caltrans does not move quickly due to funding issues; and he would be in favor of the suggestion for additional signage. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to direct staff to send a letter to Caltrans asking that New Los Angeles Avenue be re- striped to eliminate the left -turn pocket for left -turn ingress from New Los Angeles Avenue into the shopping center located at the northeast corner of New Los Angeles Avenue and Spring Road. The motion carried by unanimous voice vote. C. Consider Appointment of One City Representative to the Citizens Transportation Advisory Committee (CTAC). Staff Recommendation: Appoint one City representative to fill the vacancy on the Ventura County CTAC for a term ending December 31, 2004. Ms. Traffenstedt gave the staff report. Councilmember Mikos acknowledged the excellent applicants, two of whom are already serving the public. She suggested that James Thompson be considered for nomination. Mayor Hunter stated he had reviewed the applications and determined one applicant, Jay Moore has significant qualifications for this particular position. Councilmember Harper stated all three applicants could do the job. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Minutes of the City Council Moorpark, California Page 9 November 5, 2003 MOTION: Mayor Hunter moved and Councilmember Parvin seconded a motion to appoint Jay Moore to fill the vacancy on the Citizens Transportation Advisory Committee for a term ending December 31, 2004. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: Mayor Hunter requested Item 10.C. be pulled from the Consent Calendar. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of Item 10.C., which was pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - November 5, 2003. Manual Warrants Voided Warrant Payroll Liability Warrants Regular Warrants 114292 - 114293 & 114299 114446 114294 - 114298 $ 327,684.27 $ 1,000.00 $ (0.00) $ 2,575.28 114300 - 114444 & $ 102,547.48 114445 - 114460 $ 480,576.81 Staff Recommendation: Approve the warrant register. B. Consider Resolution Amending the Fiscal Year 2003/04 Budget to Fund Fiscal Year 2002/03 Year -End Deficits in Certain Funds for the City's Landscaping and Lighting Assessment Districts. Staff Recommendation: Adopt Resolution No. 2003 -2139. ROLL CALL VOTE REQUIRED D. Consider Approval of a Traffic Study to Assess the Impacts of Closing the West End of Charles Street and the West End of Everett Street at Moorpark Avenue. Staff Recommendation: Direct staff to retain a consultant to prepare the Traffic Study described in the agenda report. Minutes of the City Council Moorpark, California Page 10 November 5, 2003 E. Consider Approving a Budget Increase for the Flinn Avenue Realignment Project (Project 8037) and Adoption of a Resolution Amending Fiscal Year 2003/04 Budget for Said Purpose. Staff Recommendation: Adopt Resolution No. 2003 -2140. ROLL CALL VOTE REQUIRED F. Consider Resolutions Appz Safe Neighborhood Parks, Coastal Protection Bond oving Future A- Clean Water, Act of 2002 pplications for Clean Air, and Funds. Staff Recommendation: Adopt Resolution No. 2003 -2142 and Resolution No. 2003 -2141 approving future Proposition 40 grant applications. G. Consider Resolution to Update Names of Individuals Authorized to Make Deposits and Withdrawals of Money in the Local Agency Investment Fund and Rescind Resolution No. 89 -586. Staff Recommendation: Adopt Resolution No. 2003 -2143. H. Consider Annual Review of Development Agreement Established in Connection with Residential Planned Development Permit No. 97 -1, a 312 -unit Apartment Project Located on the West Side of Moorpark Avenue, South of Park Crest Lane and North of the Arroyo Simi (Archstone Communities /Pacific Property Company). Staff Recommendation: 1) Accept the Community Development Director's Report and recommendation that, on the basis of substantial evidence, Archstone Communities and Pacific Property Company have complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. I. Consider Report of Annual Development Agreement Review, Established in Connection with Industrial Planned Development No. 1995 -02 and Tract No. 5004 (Special Devices, Incorporated (SDI) and Daniel F. Selleck). Staff Recommendation: 1) Accept the Community Development Director's Report and recommendation, and find, on the basis of substantial evidence, that SDI has complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. Minutes of the City Council Moorpark, California Page 11 November 5, 2003 The following item was pulled for individual consideration: C. Consider Calleguas Pump Station. Staff Recommendation: Authorize the City Manager, or his designee, to prepare and execute any agreements, licenses, permits or easements required to approve and facilitate the construction of the subject project, and authorize the City Clerk to accept and record any such documents requiring such action. Mayor Hunter expressed concern with Caltrans' plans to close Spring Road for significant periods of time and asked staff to work to minimize or eliminate the closures. Mr. Gilbert stated it is staff's intent to work to minimize road closures. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to authorize the City Manager, or his designee, to prepare and execute any agreements, licenses, permits or easements required to approve and facilitate the construction of the Calleguas pump station, and authorize the City Clerk to accept and record any such documents requiring such action. The motion carried by unanimous voice vote. 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for Items 12.B. and 12.C. MOTION: Councilmember Mikos seconded a motion to adjourn to of Items 12.B. (four cases) and carried by unanimous voice vote. moved and Councilmember Harper closed session for a discussion 12.C. on the agenda. The motion The time was 8:47 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) Minutes of the City Council Moorpark, California Paae 12 November 5, 2003 C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION 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. Present in closed session were Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. Mr. Hogan and Mr. Kueny left the meeting at 9:25 p . m. Mr. Kueny returned to the closed session at 9:50 p.m. The Council reconvened into open session at 10:02 p.m. Mr. Kueny stated four cases under Item 12.B. and Item 12.C. were discussed and that there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned the i ATTEST: �J).� S. I n-M � V, 0. - ., � Deborah S. Traffenste t City Clerk