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HomeMy WebLinkAboutMIN 1998 0401 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California April 1, 1998 A Regular Meeting of the City Council of the City of Moorpark was held on April 1, 1998 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. INVOCATION: Father John Love, Holy Cross Church, led the invocation. 3. PLEDGE OF ALLEGIANCE: Dirk Lovett led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Evans, Perez, Teasley, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Cheryl Kane, City Attorney; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Nelson Miller, Director of Community Development; John Nowak, Assistant City Manager; Captain Mike Lewis, Sheriff's Department; Don Reynolds, Administrative Services Manager; Charles Abbott, City Engineer; Dirk Lovett, Assistant City Engineer; Deborah Traffenstedt, City Clerk; and Lisa Pope, Deputy City Clerk 5. PROCLAMATIONS AND COMMENDATIONS: None. 6. PUBLIC COMMENT: Eloise Brown, 13193 Annette Street, addressed the Council representing the Ventura County Alliance of Taxpayers. She discussed the electric industry rebates. Roseann Mikos, 14371 E. Cambridge Street, addressed the Council regarding the Moorpark Save Open Space and Agricultural Resources (SOAR) initiative campaign. Joe Ahearn, 484 E. Los Angeles Avenue, addressed the Council in opposition to the SOAR initiative. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. Minutes of the City Council Moorpark, California Page 2 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: None. April 1, 1998 9. PUBLIC HEARINGS: A. Consider Hidden Creek Ranch Specific Plan (Specific Plan No 8 /SP 93-1), General Plan Amendment No 93 -1 and Zone Chance 93 -3 (Prezonina) Applicant: Hidden Creek Ranch Partners, Staff Recommendation: Continue the public hearing to specific date. (Continued from 3/25/98) Councilmember Teasley left the dais at 7:28 p.m. Mr. Miller gave the staff report. In response to Mayor Hunter, Mr. Miller indicated the State Route (S.R.) 118 bypass cost estimate of approximately $37 million was done by Charles Abbott and Associates in July 1994. Gary Austin, 959 South Coast Drive, Costa Mesa, addressed the Council as a representative of Messenger Investment Company. He referred to comments made by Mr. Ulmer regarding traffic on Collins Park Drive. He indicated that the Traffic Study conclusion is that with mitigation measures and improvements, the level of service on Collins Park Drive would be C or better. He discussed the conceptual plan of the Hidden Creek Sports Park. Mark Maraun, 15259 Monroe Avenue, addressed the Council in opposition to the project. He discussed his concerns with the Collins /Campus Park Drive intersection and stated his opinion that there was a conflict of interest among the Councilmembers. In response to Mayor Hunter, Mr. Maraun stated he felt Councilmember Teasley and Councilmember Perez were in conflict due to Councilmember Teasley and Councilmember Perez's wife being in the real estate business. Tim Saivar, 15594 Mallory Court, addressed the Council in opposition to the project. He discussed his concerns with the mitigation measures for traffic impact. He requested that after completion of Phase I, the "short -cut" route north of Moorpark College be vacated. Lori Rutter, 11611 Pinedale Road, addressed the Council in opposition to the project. She discussed comments made by Mr. Austin at the last Council meeting and stated that the Minutes of the City Council Moorpark, California Page 3 April 1, 1998 so- called benefits of the project were short sighted. Don Ulmer, 14581 Marquette Circle, responded to comments made by Mr. Austin regarding the S.R. 118 bypass. He discussed mitigation measures included in the EIR regarding traffic improvements and stated his concerns with traffic mitigation. Roseann Mikos, 14371 E. Cambridge Street, addressed the Council in opposition to the project. She stated her suggestions for why the Council should deny the project. Mr. Austin discussed Mr. Saibar's comments with respect to Collins Drive. He stated Messenger was willing to comply with any mitigation measures for the secondary access road and indicated it was necessary for phase one circulation. He displayed an exhibit showing the proposed project and discussed the access for the project. In response to Mayor Hunter, Mr. Kueny explained the status of the development agreement. °— In response to Councilmember Evans, Mr. Kueny indicated that the total acreage of Mountain Meadows was approximately 700 -800 acres, the Hidden Creek project would be approximately 4,000 acres and the current City was 8,000 acres. Councilmember Evans requested information on the elevations of the road north of the College and information on the 20 percent grading policy and what was the Council's intent, to protect hills or ravines. Mayor Hunter discussed the necessity of completion of the development agreement, which would address hillside grading, prior to an in -depth analysis of the Specific Plan. Mayor Hunter requested a box item on S.R. 118 bypass information. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to continue the item to May 6, 1998. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the Council took a recess. The time was 8:30 p.m. The Council reconvened at 8:45 p.m. with all Councilmembers present including Councilmember Teasley. Minutes of the City Council Moorpark, California Page 4 10. PRESENTATION /ACTION /DISCUSSION: •• ��- -0• April 1, 1998 Captain Lewis gave the report. He identified that Moorpark has been ranked as the safest city in Ventura County for three years in a row. He discussed crimes occurring in the City, crime trends, and the volume of calls for service. He indicated that there had been a decrease in crimes since 1988, with the exception of property thefts which had not shown a decrease. In response to Councilmember Teasley, Capt. Lewis recommended keeping garage doors closed, removing belongings from yard, and locking car doors at all times to help decrease the number of burglaries and petty theft. In response to Councilmember Teasley, Capt. Lewis indicated that burglaries and thefts were committed equally by both local and non -local criminals. Mayor Hunter discussed how the addition of the 8th grade DARE officer will pay dividends in the future. In response to Mayor Hunter, Capt. Lewis discussed the Police Resource Center Volunteer program. CONSENSUS: By consensus, the Council determined to take Item 10.D. out of order. D. Consider Approval of the Engineer's Report for Assessment District AD84 -2 for FY 1998/99 and the Scheduling of a Public Meeting and a Public Hearing to Consider Changes to and the Ordering of the Annual Assessment for Said Assessment District. Staff Recommendation: Adopt Resolution No. 98 -1445 a) approving the Engineer's Report for Assessment District AD84 -2; b) declaring intention to make certain changes to and ordering the annual assessments for said assessment district for FY 1998/99; and c) setting the dates and times of a Public Meeting and a public hearing to consider said assessments. Mr. Gilbert gave the staff report. Eloise Brown, 13193 Annette Street, questioned the inclusion of landscaping in the Assessment District due to Prop 218. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to approve staff recommendation. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 5 April 1, 1998 CONSENSUS: By consensus, the Council determined to taked Items 10.B. and 10.C. concurrently. B. Consider Chapter 2.36 of the Moorpark Municipal Code Regarding Planning Commission Powers and Duties. Staff Recommendation: Direct staff as deemed appropriate. C. Considgr Chapter 2.32 of the Moorpark Municipal Code Regarding Park and Recreation Commission Duties and Responsibilities._ Staff Recommendation: Indicate the amendments it would like to make to Municipal Code Chapter 2.32.090, Parks and Recreation Commission Duties and Responsibilities, and direct staff to prepare an amended Ordinance incorporating the changes for consideration by the Council at its April 15 meeting. Mr. Miller gave the staff report on Item 10.B. Ms. Lindley gave the staff report on Item 10.C. CONSENSUS: By consensus, the Council determined that no change was necessary in Section 3 of Resolution No. 95 -1135, pertaining to Planning Commission review of Major Modfications. CONSENSUS: By consensus, the Council determined that no change was necessary to the note in Section 4.g. of Resolution No. 95 -1135, pertaining to City Council approval required for Industrial Planned Developement Permits within 300 feet of a residential zone or use. CONSENSUS: By consensus, the Council determined that both the Planning Commission and the Parks and Recreation Commission should modify their Rules of Procedure to reflect those of the City Council as applicable. CONSENSUS: By consensus, the Council determined to leave status quo the issue of Planning Commission attendance at Council meetings. CONSENSUS: By consensus, the Council determined to leave unchanged the issue of review by the Planning Commission of establishment which sell alcoholic beverages. In response to Councilmember Wozniak, Mr. Miller explained the process for conceptual review of landscape plans. He stated that the Planning Commission was now requesting more detailed landscape plans for the conceptual review and that final lanscape plans are apprvoed by the Diredtor of Community Devleopment. Councilmember Wozniak expressed concern that requiring Minutes of the City Council Moorpark, California Page 6 April 1, 1998 additional Parks and Recreation Commission review of landscape plans does not streamline the process. CONSENSUS: By consensus, the Council determined to not require Parks and Recreation Commission review of landscape plans. CONSENSUS: By consensus, the Council determined to revise Sections 2.36.020 and 2.36.030 (Planning Commission) and Section 2.32.020 and 2.32.030 (Parks and Recreation Commission) of the Moorpark Municipal Code to make consistent with Council Policies regarding appointments. Ms. Lindley requested direction regarding stand alone advisory committees and the Parks and Recreation Commission's involvement in preparation of the annual budget. In response to Mayor Hunter, Mr. Kueny stated the Teen Council and Senior Advisory Committee were advisory to staff. He recommended having the Parks and Recreation Commission review the Teen Council and Senior Advisory Committee budgets. Councilmember Evans stated he did not support having the Senior Advisory Committee reviewed by the Parks and Recreation Commission. Councilmember Teasley stated she did not support having the Teen Council budget reviewed due to their advisory capacity to staff. She indicated her preference to leave the Teen Council and Senior Advisory Committee as stand alone. CONSENSUS: By consensus, the Council determined to make no changes to the Parks and Recreation Commission budget review process. CONSENSUS: By consensus, the Council determined to take comments and questions from the Parks and Recreation and Planning Commission Chairs. Planning Commissioner Lowenburg requested clarification on the Council action regarding Planning Commission review of Major Modifications. Mayor Hunter stated the Council had made no change to the existing policy. Parks and Recreation Commissioner Parvin stated the Commission wanted more responsibilities than they currently have. She stated the Commission wanted to be more involved with overseeing the Teen programs and Teen budget. Councilmember Teasley suggested a joint meeting of the Parks and Recreation Commission and the Teen Council. Minutes of the City Council Moorpark, California Page 7 April 1, 1998 CONSENSUS: By consensus, the Council concurred with Attachment D of the staff report for Item 10.C. with the addition of a section adding new language with regard to assisting and working cooperatively with the Teen Council and revising Section 0. to read as follows: " When directed by the City Council, assist and participate with review and recommendation on the use of dedicated public open space areas, existing and future green belts and review and comment on revisions and updates to the City's Open Space, Conservation and Recreation Element (OSCAR) ". Mr. Kueny stated the ordinance should not address the role of the Parks and Recreation Commission with Teen Council but rather Council should provide direction. Parks and Recreation Commission Parvin stated the Commission was selecting a liaison to attend Teen Council meetings. Mayor Hunter suggested language to allow the Parks and Recreation Commission to assist and work cooperatively with the Teen Council consistent with Teen Council objectives. Mr. Kueny stated a draft ordinance for the Parks and Recreation Commission and the Planning Commission would be brought back on May 6, 1998. 11. CONSENT CALENDAR: MOTION: Councilmember Evans moved and Councilmember Teasley seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of the Special City Council Meeting of February 25, 1998. Consider Approval of Minutes of the Special City Council Meeting of March 4, 1998. Consider Approval of Minutes of the Regular City Council Meeting of March 4, 1998. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of Warrant Register of April 1, 1998. Fiscal Year 1997/98 Manual Warrants 40955 - 40958 $ 17,975.08 41058 - 41059 41103 - 41104 Minutes of the City Council Moorpark, California Page 8 Voided Warrants Regular Warrants 32578, 33909, 34433, 40733, & 4104 41060 41105 33415, 34132, 34787, 41014, 8 - 41102 - 41183 33485, 34133, 35066, 41047, - D $ V $ April 1, 1998 (3,155.85) 380,294.92 99,752.26 Staff Recommendation: Approve the Warrant Register. C. Consider Uparade of Records Clerk and Deputy City Clerk positions to Deputy City Clerk _I and Deputy Clerk II, Ado 'ption of Resolution No 98 -1451 Amending the City's Classification Plan by Revising the Job Description for Deputy City Clerk and Rescinding Resolution No 98 -1430 and Adoption of Resolution No 98 -1452 Amending the Salary Plan for Competitive Service, Noncompetitive Service and Hourly Employees, and Rescinding Resolution No. 98 -1450, Staff Recommendation: 1) Adopt Resolution No. 98 -1451 establishing a Classification Plan and job descriptions for Non - Competitive and Competitive Service Employees, revising the job description for Deputy City Clerk, and rescinding Resolution No. 98 -1430 (all other existing job descriptions will be included with the new resolution and remain unchanged); and 2) Adopt Resolution No. 98 -1452 amending the Salary Plan for Competitive Service, Non - Competitive Service and Hourly Employees, and rescinding Resolution No. 98 -1450. D. Consider Additional Administrative Leave for City Manager and Administrative Services Manager, Staff Recommendation: Approve the City Manager receiving ten (10) days of Administrative Leave and the Administrative Services Manager three (3) days of Administrative Leave consistent with the staff report. E. Consider Reauest for the Exoneration or Reduction of Bonds for Improvements in the Following Tracts in Mountain Meadows* 4340 -5 4341 4341 -2, 4342 -1 (UWC- Moorpark Investors, LTD) . Staff Recommendation: 1) Accept the subject improvements as complete; 2) Authorize the City Clerk to exonerate or reduce the bonds as set forth in the staff report; and 3) Authorize the City Clerk to exonerate the reduced bonds after the one year maintenance period, subject to Engineering final approval at that time. 12. ORDINANCES: None. Minutes of the City Council Moorpark, California Page 9 13. CLOSED SESSION: April 1, 1998 Mr. Kueny announced that the City Council would be going into closed session for discussion of two cases under Item 13.B. on the agenda. MOTION: Councilmember Perez moved and Councilmember Evans seconded a motion to adjourn to closed session for a discussion of two cases under Item 13.B. The motion carried by unanimous voice vote. 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 LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) City of Moorpark vs. Southern California Edison, et al D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: 23 W. Los Angeles Avenue Negotiating Parties: The City Council of the City of Moorpark and Sunbelt Properties Under Negotiation: Price and terms of payment. E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: A.P.N. 511 -0- 070 -310 Negotiating Parties: The City Council of the City of Moorpark and the Roe 1996 Trust Under Negotiation: Price and terms of payment. Present in closed session were all Councilmembers; Steven Kueny, City Manager; Cheryl Kane, City Attorney; and John Nowak, Assistant City Manager. The Council reconvened into open session at 10:27 p.m. Mr. Kueny stated there was no action to report and that only Item 13.B. was considered. Minutes of the City Council Moorpark, California Page 10 14. ADJOURNMENT: Mayor Hunter adjourned the meE ATTEST: April 1, 1998 S aO.D Deborah S. Traffens t, City Clerk