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HomeMy WebLinkAboutMIN 2003 1119 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California November 19, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on November 19, 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 7:18 p.m. 2. PLEDGE OF ALLEGIANCE: Joseph Montes, City Attorney, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; 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; Scott Wolfe, Principal Planner; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: CONSENSUS: It was the consensus of the Council to reorder the Agenda to hear Item 4.A. at the end of Proclamations and Commendations. B. Proclamation Commending KCLU 88.3 FM Radio Station and California Lutheran University for Coverage of the Simi Valley Wild Fire. Mayor Hunter read the Proclamation and presented it to Mary Olson, General Manager for KCLU. Ms. Olson thanked to Mayor and Council for their support during the fire. Minutes of the City Council Moorpark, California Page 2 November 19, 2003 C. Introduce new City Employee, Elvia Mendoza, Account Technician I. Mayor Hunter introduced Elvia Mendoza, Account Technician I. Ms. Mendoza thanked the City for the opportunity to work in the Administrative Services Department. D. City Manager's Monthly Report. Mr. Kueny introduced Barry Hogan, Community Development Director, who gave the monthly report. Mr. Hogan summarized the activities of the department in the areas of General Plan Elements, Special Projects, Residential Projects, Commercial and Industrial Projects, and Ordinances. In response to Council questions, Mr. Hogan stated staff is working on improving the language included in the sign ordinance to make it easier to understand; and code amendments pertaining to parking of recreational vehicles within the City, along with the ratio for outdoor seating at restaurants, will be addressed in the first or second quarter of the next year. AT THIS POINT in the meeting, Item 9.A. was heard. A. Consider Selection of Mayor Pro Tempore. Staff Recommendation: Select a Mayor Pro Tempore. Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no public speakers. Councilmember Millhouse stated it had been an honor and pleasure to work in the capacity of Mayor Pro Tempore. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to nominate Councilmember Parvin for Mayor Pro Tempore. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Paae 3 Mayor Hunter Millhouse for 5. PUBLIC COMMENT: thanked outgoing a job well done. November 19, 2003 Mayor Pro Tempore Kenneth Lichtig, representing Moorpark Bahia'i Community, and a Moorpark resident, provided the Council and staff with invitations to the Human Rights Award ceremony to be held December 7th at Mandalay Beach Resort in Oxnard. Tom Duck, a Moorpark resident, spoke about the commitment made by the City Council many years ago in creating the General Plan and how it is now changing for the benefit of developers. He stated approved projects have created traffic problems and recommended developers be required to fund roadways prior to building. Councilmember Millhouse spoke about an inaccurate article in the Moorpark Star regarding truck traffic and the prohibition of left -turn ingress from Los Angeles Avenue into the shopping center at the corner of Los Angeles Avenue and Spring Road. He stated the Council did retain left -turn ingress into this center from Spring Road in favor of the businesses located there; truck traffic on State Route (SR) 118 is within the decision making purview of the State of California not the City of Moorpark; options have been extensively explored by Council for reducing or eliminating truck traffic; and Caltrans has increased the number of truck inspections to promote safety and possibly discourage trucks from using this route. Councilmember Millhouse reported that further improvements under consideration include a new connection from Broadway to the SR -23 freeway onramp at Princeton Avenue for the diversion of mining traffic from Walnut Canyon Road, and that the widening of SR -23 and SR -118 is at the top of the Ventura County Transportation Commission's list to be submitted to the State. He ended by stating the key will be to find the funding for these projects. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:50 p.m. The City Council meeting reconvened at 7:51 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. Minutes of the City Council Moorpark, California Paae 4 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: November 19, 2003 Councilmember Mikos announced the State Insurance Commissioner Workshop from November 11th is being replayed on Channel 10; City bus service has now been extended to the Moorpark Marketplace; and children age 5 years and under can ride the City bus for free. Councilmember Millhouse requested an agenda item for December 3rd for the Shea homes project including discussion of the Commercial Demand Study requirement; requested a future agenda item pertaining to expansion proposals for County mining projects and traffic mitigation; and announced the Mayor's appointment to the Public Safety Committee of the Channel Counties Division of the League of California Cities. Councilmember Harper requested the October 31, 2003, minutes be pulled from the Consent Calendar. He reiterated his prior request for an agenda item or workshop on disaster preparedness and what the City has learned from the recent fire incident; and suggested looking at a City - sponsored emergency shelter rather than sending people to other cities. Mr. Kueny stated staff is working on what was learned about this past disaster and will schedule a future agenda item. 8. PUBLIC HEARING: A. Consider Adoption of a Resolution Declaring the Private Streets and Parking Facilities within Tract 4928 to be Subject to the Provisions of the California Vehicle Code. Staff Recommendation: Adopt Resolution No. 2003 -2144. Mr. Gilbert 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. Minutes of the City Council Moorpark, California Page 5 November 19, 2003 MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to adopt Resolution No. 2003- 2144. The motion carried by unanimous voice vote. B. Consider General Plan Amendment 98 -01, Zone Change No. 98 -01, Vesting Tentative Tract Map No. 5130, and Residential Planned Development No. 98 -02 for the Construction of One Hundred Ten (110) Houses on Approximately 72.0 Acres on the East Side of Walnut Canyon Road, South of and Immediately Adjacent to the Ventura County Water and Sanitation Services Division Facility, on the Application of Moorpark 150, LLC (SunCal Companies) . Staff Recommendation: Open the public hearing, accept public testimony, and continue the item, with the public hearing open, to the meeting of December 17, 2003. Mr. Hogan gave the staff report. In response to Council questions, Mr. Wolfe stated the proposal is in compliance with the Hillside Ordinance; building setback requirements along with the placement of the private park and streets take into consideration the location of the earthquake fault; the trail system is intended to be internal to the project and not connected to the regional trail system; the differential number for mitigating the removal of mature trees will be determined during the landscape review process and with the participation of the City's landscape architect; the project will be conditioned to require the applicant to work with the Fire Protection District in regard to safety issues concerning the locked pedestrian access gate; he deferred to the applicant to respond to questions regarding guaranteed access to North Hills Parkway; and the eventual road closure at Walnut Canyon Road could be included in a notification to buyers. In response to Council questions, Mr. Hogan stated the ridgeline may be listed as prominent in the Open Space Conservation and Recreation Element; however, there is concern the previous development went too far in trying for full preservation; it is staff's intent to audit all conditions of approval including evaluation of the ramifications of the recent fires, which may require re- vegetation of the property and selection of landscape species to minimize fire hazards; and the Minutes of the City Council Moorpark, California Paqe 6 November 19, 2003 standard brush clearing requirement of 100 -feet would be the responsibility of the Homeowners Association not the individual property owner. Councilmember Harper requested staff contact the Fire Protection District to reevaluate this project to require a more extensive fire clearance area. He suggested the applicant locate the homes with eaves to the interior of the project; and to have buyers sign a disclosure acknowledging the location of the earthquake fault. In response to Councilmember Harper, Mr. Hogan stated in some fire -prone areas, the eaves have been boxed and stuccoed over; and that in regard to the earthquake fault trace, he is comfortable the setback is adequate, since the fault is not considered potentially active and the geotechnical experts are satisfied. Mayor Hunter opened the public hearing. Ed Pickett, representing SunCal Companies, 1123 Via Colinas, Westlake Village, stated the project site will be revaluated as a result of the recent fire; open space will be analyzed for fire breaks; and he will be working with staff on adjustments between now and the December 17th meeting. In response to Council questions, Mr. Pickett stated Wicks Road is the secondary access to the site in case of an emergency; Walnut Canyon Road is only intended as a temporary access; the Pardee Agreement to extend Spring Road to Charles Street is forthcoming; the trees on the property did not do well in the fire; SunCal is very conscious about disclosing everything including the fault and the temporary access to buyers; and they are conditioned to install a 6 -foot wall with landscaping to screen the adjacent wireless equipment on Ventura County property. Mayor Hunter requested staff to condition the applicant to provide copies of disclosure statements for the City's files. In response to Councilmember Harper, Mr. Pickett stated the Fire Department has requirements to stucco Minutes of the City Council Moorpark, California Page 7 November 19, 2003 the eaves on homes where property is adjacent to wilderness areas, and they have agreed to provide a structure sprinkler system for all homes, stucco the eaves, and will look at siting the homes with eaves in the interior of the project. Councilmember Mikos cautioned not all native vegetation should be eliminated in the landscape plans; and requested staff contact the National Resource Conservation Service along with the Fire Protection District on making this area fire safe without eliminating native vegetation. She also requested an expert evaluation of the large burned native trees be conducted to make sure they are actually dead before removal. Councilmember Mikos suggested staff may want to attend the Santa Monica Mountains Conservancy fire ecology workshop, which would provide information on recovering plant life. Councilmember Mikos stated it is disturbing each new development in the safest community in Ventura County finds a need to be walled -off by electronic gates. Councilmember Parvin requested the applicant provide, at the December 17th meeting, exhibits of this project shown at previous Planning Commission meetings depicting the houses along the ridgeline. Anthony Banducci, a Moorpark resident, spoke in opposition to urban sprawl, traffic congestion, increased commercial traffic due to the Moorpark Marketplace, housing too close together, lack of true emergency access for this project, hazardous conditions of this sloped piece of property, and the increased use of locked and gated communities. In response to Mayor Hunter's concern regarding open space areas transitioning into residential space and the need to consider increasing the Ventura County standard of 100 -foot of vegetation clearance, Mr. Hogan stated he had worked on the committee in San Diego where a fuel modification zone was established through joint collaboration of builders, planners, fire departments, and landscape architects requiring a 300 -foot buffer zone with the first 100 -feet irrigated plant material, the second 100 -feet providing a low fuel zone with irrigation in some locations, and the Minutes of the City Council Moorpark, California Paste 8 November 19, 2003 last 100 -feet cleared of undergrowth leaving only major shrubs and trees. He stated staff will work with the Ventura County Fire Protection District to develop standards for Council's consideration. In response to Councilmember Harper's concern regarding the large homes located on small lots with minimum setbacks, Mr. Hogan stated this project meets good planning and design practices with the lot pattern, curvature of the streets, and 10 -foot side yard setbacks. A discussion followed among the Council and staff regarding the proposed General Plan amendment, the previous Specific Plan considered for this area, and the criteria used to justify the amendment. Mr. Montes recommended this subject be addressed at the December 17th meeting. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to continue this item with public hearing open to December 17, 2003. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, a recess was declared. The time was 9:30 p.m. The meeting reconvened at 9:45 p.m. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Proposed Development Aareement with SunCal Pertaining to Vesting Tentative Tract Map No. 5130. Staff Recommendation: Refer the proposed Development Agreement to the Planning Commission and set the City Council public hearing for December 17, 2003. Mr. Kueny gave the staff report and modified the date the Planning Commission would hear this item to December 2nd, if the Council concurred with referring the Development Agreement to the Commission. In response to questions from Councilmember Millhouse, Mr. Kueny stated staff is cognizant of the 10 -year expiration and obligations under a development agreement; and information on the Limited Liability Corporation has been given to the City Attorney for review. Minutes of the City Council Moorpark, California Paae 9 November 19, 2003 Ed Pickett, representing SunCal Companies, 1123 Via Colinas, Westlake Village, stated they are working out the details of the Development Agreement with staff and hope to have it finished in December. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to refer the proposed Development Agreement to the Planning Commission for the December 2, 2003, meeting and set the City Council public hearing for December 17, 2003. The motion carried by unanimous voice vote. B. Consider City Council Policy on Commenting on Development Projects before the Planning Commission. Staff Recommendation: Direct staff to incorporate the City Attorney's draft policy language in the next update of the City Council's Policy Resolution. Mr. Montes gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mayor Hunter stated the draft policy is very well written and requested it be returned immediately for adoption by the Council. Councilmember Millhouse stated the draft policy is very good from a language standpoint; however, he has a problem with the substance, since a Councilmember should not be precluded from making comments and the Planning Commission should not be intimidated by Council comments. He stated he would not be voting in favor of this policy as it creates more problems. Mr. Montes stated the policy was drafted in a manner that the Planning Commission is an independent body and with the perspective the appropriate venue for City Council comment is an appeal. Councilmember Parvin stated the Planning Commission needs to be independent and have the ability to make recommendations. Councilmember Harper stated he liked the policy language. Minutes of the City Council Moorpark, California Page 10 November 19, 2003 Councilmember Mikos stated the draft policy did an excellent job of getting at the issues, and the two exceptions are explicitly listed, so the Council does not have to guess when comments are appropriate. Mayor Hunter stated his support for the policy and indicated if the Planning Commission is to be considered an independent body, the Council has to have faith and trust in their objective analysis. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to direct staff to incorporate the City Attorney's draft policy language in the next update of the City Council's Policies Resolution. The motion carried by voice vote 4 -1, with Councilmember Millhouse dissenting. C. Consider Waiver of Fees for Temporary Structures to Assist those People whose Housing was Destroyed by the Recent Fire. Staff Recommendation: Direct staff to waive thf Clearance housing w cost of Temporary Use Permits and Zoning fees for temporary on -site housing where is damaged or destroyed by the recent fire. Mr. Hogan gave the staff report. A discussion followed among the Councilmembers and staff focusing on allowing consideration for waiving the cost of fees not only for temporary on -site housing but also permanent replacement structures as long as the benefit would go to the homeowner and not the insurance company. 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 waive the cost of Temporary Use Permits and Zoning Clearance fees for temporary on -site housing and permanent replacement structures where housing was damaged or destroyed by the recent fire with the addition of language to be determined by staff to guarantee the benefits to the homeowners not the insurance companies. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 11 November 19, 2003 D. Consider City Council's Response to Board of Supervisor's Request for Input on the Open Space District Advisory Committee's ( OSDAC) Recommendations for Forming, Funding and Governing a Ventura County Regional Open Space District. Staff Recommendation: Direct staff to prepare a letter to the Board of Supervisors confirming the City Council's support of the OSDAC's recommendations in the report dated June 2003. Ms. Traffenstedt gave the staff report. Joe Gibson, Co -Chair of the OSDAC, and a member of the Conejo Recreation and Parks District Board, explained the consensus approach used by the Advisory Committee. He stated the Board is asking organizations involved to voice their concerns and whether they support the OSDAC recommendations. A discussion followed among the Councilmembers, staff, and Mr. Gibson focusing on the proposed time period for the sunset of an Open Space District sales tax measure, the governance options allowed by the Open Space District enabling legislation, sales tax funding concerns, and the concern that the proposed administration cost allocation of up to 15 percent of the funds was too high. Councilmembers Harper and Mikos stated that although there are flaws, they could support the recommendations of the OSDAC, since the entire County would benefit even though an elected board would be preferred. Councilmember Millhouse stated the efforts are laudable and the goal is great; however, the enabling legislation needs to be redrafted to revise the governance options. He suggested an appointed board that consists of elected representatives from each City and the County Board of Supervisors. Mayor Hunter stated he likes the concept; however, the recommendations are difficult to support, since the enabling legislation does not provide safeguards for the public's money and there is no accountability with the appointed board option and a four -year term. Minutes of the City Council Moorpark, California Page 12 November 19, 2003 Councilmember Harper stated most concerns could be addressed by having an elected board with rotating terms, and suggested a sunset time of 20 years. Mr. Kueny stated that allowing too much flexibility for distribution of the funds, such as the language stating geographic distribution would be balanced over the ten -year life of the revenue measure, would be a problem if, for example, one geographic area were to receive more than its share at an earlier time when the land cost may be lower and another area does not receive its funds until the later years of the revenue measure. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to prepare a letter to the Board of Supervisors confirming the City Council's support of the OSDAC's recommendations in the report dated June 2003. The motion failed by voice vote 2 -3, with Councilmembers Millhouse, Parvin and Mayor Hunter dissenting. Following further discussion, it was the consensus of the Council to direct staff to prepare a letter to the Board of Supervisors that would include the Council's concerns pertaining to governance and funding for the proposed Ventura County Open Space District. E. Consider Letter in Support of Retaining Funding for State Resources Agency. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Mikos gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. CONSENSUS: It was the consensus of the Council to remove this from the calendar until additional information could be obtained regarding the need for preparing a letter in support. 10. CONSENT CALENDAR: MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of the minutes of October 31, 2003, in Item 10.A., Minutes of the City Council Moorpark, California Page 13 November 19, 2003 which were pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Special Meeting of October 8, 2003. Consider Approval of Minutes of Special Meeting of October 15, 2003. Consider Approval of Minutes of Special Meeting of November 7. 2003. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - November 19, 2003. Manual Warrants Voided Warrant Payroll Liability Warrants 114461 - 114463 & $ 44,165.00 114319 & 114360 & $ (929.40) 114454 $(136,843.62) 114464 - 114468 $ 2,599.35 Regular Warrants 114469 - 114556 & $ 46,354.27 114557 - 114565 $ 84,580.90 Staff Recommendation: Approve the warrant register. 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 Award of Contract for Installation of Bus Shelters at Various Locations. Staff Recommendation: Approve the final design (re- approve project plans and specification); award a contract to LNI, Inc. for the subject project; and authorize staff to undertake the necessary administrative actions to complete the project. Minutes of the City Council Moorpark, California Page 14 November 19, 2003 E. Consider Approving the Conceptual Design for the Civic Center Driveway Improvement Project (Project 8053). Staff Recommendation: Approve the conceptual design for the subject project. F. Consider Resolution to Approve Program Supplement Agreement No. M006 (Los Angeles Avenue Signal Synchronization Project) to Administering Agency -State Agreement for Federal Aid Proiects No. 07 -5436. Staff Recommendation: Approve Resolution No. 2003 -2145. G. Consider Fourth Addendum to Memorandum of Agreement (MOA) with Service Employees International Union AFL - CIO, CLC Local 998 Pertaining to Agency Shop Arrangement. Staff Recommendation: Authorize the City Manager to approve the Fourth Addendum to the MOA with the final language to be approved by the City Manager. H. Consider Continuation of a Local Emergency. Staff Recommendation: Continue the proclamation of a Local Emergency. The following minutes were pulled from Item 10.A. for individual consideration: 10. A. Consider Approval of Minutes of Special Meeting of October 31, 2003. Councilmember Harper stated he would be abstaining from the vote on these minutes as he was not present at the October 31St meeting. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to approve the minutes of October 31, 2003. The motion carried by voice vote 4 -0, with Councilmember Harper abstaining. 11. ORDINANCES: None. Minutes of the City Council Moorpark, California Page 15 November 19, 2003 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for discussion of Items 12.B. (two cases), 12.C. and 12.D. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adjourn to closed session for a discussion of Items 12.B. (two cases), 12.C. and 12.D. on the agenda. The motion carried by unanimous voice vote. The time was 11:06 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 (Subdivision (a) of Section 54956.9) The Committee to Preserve Historic High Street, an unincorporated association, and Cynthia Hollister vs. City of Moorpark and Moorpark City Council. D. 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. AT THIS POINT in the meeting, the Council meeting was recessed to convene the Redevelopment Agency closed session. The Council reconvened into closed session at 11:15 p.m. Present in closed session were Councilmembers Harper, Mikos, Millhouse, and 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. The Council reconvened into open session at 11:36 p.m. Mr. Kueny stated two cases under Item 12.B. and Item 12.D. were discussed and there was no action to report. Minutes of the City Council Moorpark, California 13. ADJOURNMENT: Mayor Hunter adjourned the ATTEST: Deborah S. Traffenste City Clerk Page 16 November 19, 2003