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HomeMy WebLinkAboutMIN 2000 0920 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California September 20, 2000 A Regular Meeting of the City Council of the City of Moorpark was held on September 20, 2000, 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 6:37 p.m. 2. INVOCATION: A silent moment of reflection was held. Mayor Hunter announced that the Pledge of Allegiance would occur following the Roll Call, due to the Senior Games Opening Ceremony. 4. ROLL CALL: Present: Councilmembers Evans, Harper, Rodgers, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; John Libiez, Planner Manager; Dana Shigley, Director of Administrative Services; Hugh Riley, Assistant City Manager; Walter Brown, City Engineer; Deborah Traffenstedt, ATOM /City Clerk; and La- Dell VanDeren, Deputy City Clerk. 3. PLEDGE OF ALLEGIANCE: Vera Sorrels, Senior Center Advisory Committee Member, led the Pledge of Allegiance. 5. PROCLAMATIONS AND COMMENDATIONS: A. Opening Ceremony for Senior Games Mayor Hunter announced the Opening Ceremony for the Senior Games. A brief presentation followed with comments by Mayor Hunter and Vera Sorrels. B. Proclamation for Mental Illness Awareness Week (October 1 through 7). Minutes of the City Council Moorpark, California Page 2 September 20, 2000 Mayor Hunter read the proclamation for Mental Illness Awareness Week. C. Proclamation for Rideshare Week (October 2 - 6). Mayor Hunter presented the proclamation for Rideshare Week to Alan Holmes, Account Executive with the Southern California Association of Governments. D. Recognition of Country Days Logo Contest Winner. Mayor Hunter presented Lorina Jasso with a certificate of recognition and the framed logo as the Country Days Logo Contest Winner. E. City Manager's Monthly Report. Mr. Kueny introduced Hugh Riley, Assistant City Manager. Mr. Riley reported on the Fire Station site acquisition, cable television franchise negotiations, Information Systems Manager recruitment and Country Days coordination with the Moorpark Chamber of Commerce. 6. PUBLIC COMMENT: None. AT THIS POINT in the meeting, a recess was declared to convene the Redevelopment Agency. The time was 6:56 p.m. The Council reconvened at 6:58 p.m. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.) Councilmember Rodgers indicated she would like to pull Item 11.J. from the Consent Calendar for clarification. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Evans requested a future agenda item regarding entryway signs at Campus Park. He also requested an agenda item to discuss possible ways to make agenda items and descriptions easier to understand. Councilmember Rodgers discussed the previous determination by the Fair Political Practices Commission (FPPC) that there was a potential conflict of interest with her participating in matters regarding Hidden Creek Ranch. She discussed Assembly Minutes of the City Council Moorpark, California Page 3 September 20, 2000 Bill AB -1838 requiring the FPPC to minimize instances of disqualification in governmental decisions that do not directly and materially affect an official's economic interest, clarifying that a holding of a professional license does not of itself give rise to a disqualifying conflict of interest, and clarifying that one or more than one industry trade or profession is not necessarily prohibited from constituting a significant segment of the public for purposes of analyzing whether the local public official is affected by a decision in the same manner as the public generally. She stated she had testified on the bill, which was signed by the Governor into law on September 8, 2000. Mayor Hunter announced Country Days on September 30, 2000. He also announced the last day to register to vote was October 10, 2000, for the November 7, 2000 Election. Councilmember Harper discussed the bill recently signed by the Governor declaring March 31, Cesar Chavez's birthday, as an official State holiday. He requested an agenda item to consider making that date an official City holiday. 9. PUBLIC HEARINGS: A. Public Hearing to Consider Police Facility Fee. Staff Recommendation: 1) Conduct a public hearing, accepting testimony regarding the police facility fee as necessary; and 2) Adopt Resolution No. 2000 -1777. Mr. Kueny gave the staff report. He stated the intent of updating the fee was to keep the same percentage of funding at 60 percent from new development as was the case in the 1995 fee report. Mayor Hunter opened the public hearing. Ms. Traffenstedt indicated a letter from the Building Industry Association was received and which had been provided to the Council. Councilmember Evans agreed that there was a need to increase the fee but expressed concern with the impact on affordable housing. In response to Councilmember Evans, Mr. Kueny recommended _ setting fees as proposed but reviewing projects on a case -by -case basis to determine if it would be in the City's best interest to reduce the fee. He stated the police facility fee could be modified or waived through a development agreement process. Minutes of the City Council Moorpark, California Page 4 September 20, 2000 In response to Councilmember Evans, Mr. Kueny summarized an example of development fees that would typically be imposed for a 2,000 square foot house. Councilmember Harper concurred with Councilmember Evans regarding the effect on affordable housing. He stated market value homes would not be impacted, because developers would charge whatever the market would bear. He stated fees decreased the profit to developers. Councilmember Rodgers suggested eliminating the increase in the police facility fee for affordable units. In response to Councilmember Rodgers, Mr. Kueny stated it would be better to review each project on a case -by -case basis. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 2000 -1777. The motion carried by unanimous voice vote. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Appointments to Joint City /Moorpark Unified School District (MUSD) Ad Hoc Committees. (Continued from 9/6/2000.) Staff Recommendation: Make appointments to the three (3) joint City /MUSD ad hoc committees and dissolve existing ad hoc committees. Mr. Kueny gave the staff report. Councilmember Evans discussed problems with matching schedules with committees in the past. He expressed concern that the current functioning committee would be divided. In response to Councilmember Evans, Mr. Kueny explained that subjects not addressed by the first two committees would be addressed by the third committee. Mayor Hunter suggested appointing one ad hoc committee to address both of the School District properties on Casey Road and Flory Avenue. CONSENSUS: By consensus, the Council agreed to eliminate the four existing committees and to create two new ad hoc committees with one to address the Casey Road and Flory Avenue Minutes of the City Council Moorpark, California Page 5 September 20, 2000 development issues and the other ad hoc committee to address joint facilities and programs issues. CONSENSUS: By consensus, the Council approved appointing Mayor Hunter and Councilmember Rodgers to the Combined Casey Road /Flory Avenue Sites Ad Hoc Committee. CONSENSUS: By consensus, the Council approved continuing the Facilities and Programs Ad Hoc Committee with Councilmember Evans and Councilmember Harper as the members. B. Consider Award of Bid to Furnish, Install, and Maintain a New Telephone System. Staff Recommendation: Award a contract to Digital Telecommunications for an amount not to exceed $68,641 (tax and 10 percent contingency included) to furnish, install, and maintain a new telephone system, as specified, and authorize the City Manager to execute related contract documents. Ms. Shigley gave the staff report. MOTION: Councilmember Harper moved and Councilmember Evans _ seconded a motion to award a contract to Digital Telecommunications for an amount not to exceed $68,641 (tax and 10 percent contingency included) to furnish, install, and maintain a new telephone system, as specified, and authorize the City Manager to execute related contract documents. The motion carried by unanimous voice vote. C. Consider Revisions to the Park Improvement Zones and the Disposition of the Parkland Fees from the Archstone Multi- Family Residential Project and Pacific Communities Single Family Residential Project. Staff Recommendation: 1) Direct the Parks and Recreation Commission to review the City's Park Improvement Zones and forward a recommendation on revisions to the City Council; 2) Confirm the deposit of 100 percent of the park fees collected from the Archstone project to the Community Park Improvement Zone; 3) Direct that 80 percent of the park fees to be collected from the Pacific Communities project be deposited in the Community Park Improvement Zone and 20 percent in a future neighborhood zone; 4) Approximate $120,000 from the Community Zone for the design and construction of a restroom and concession facility at AVCP; 5) Direct staff to secure proposals for the design of the grading, utilities, drainage, and other related improvements for AVCP Phase II; and 6) Indicate intent to allocate $1.2 million to the community pool. Ms. Lindley gave the staff report. Minutes of the City Council Moorpark, California Page 6 September 20, 2000 Councilmember Harper indicated support to move forward with the restrooms at Arroyo Vista Community Park (AVCP). He suggested deferring allocation of the remainder of the money from Archstone until the Commission determined the boundaries. Mr. Kueny stated the biggest need was at the Community Park. He explained that the Council had the ability to spend 100 percent of the fees at AVCP including the pool and Phase II improvements. He explained that until Phase II was designed, the restroom could not be built, and the funding allocation was merely symbolic. Councilmember Wozniak asked if the Council could put all of the money in the Community Park zone and move the appropriate amounts of money to a neighborhood park if so desired following the Park and Recreation Commission's recommendation. Mr. Kueny explained that the pool was a community facility regardless of where it was located. He stated Staff Recommendation No. 6 was a symbolic action as well. In response to Councilmember Rodgers, Mr. Kueny explained that typically 40 percent of the park funds paid for a development project go towards a neighborhood zone. He stated the money would be in the fund and earning interest. He stated AVCP would satisfy the neighborhood needs for the Pacific Communities Project. Mayor Hunter stated the Council seemed to be indicating support for Recommendations 1, 2, 3, 5, and 6. Councilmember Evans stated it was necessary to solve the restroom problem at the east end of AVCP quickly and that he would like to approve Recommendation No. 4. In response to Councilmember Harper, Ms. Lindley stated the next Parks and Recreation Commission meeting would be October 16, 2000. Mr. Kueny stated the City would probably want the restroom built before September 1, 2001. He suggested allowing staff to proceed with Recommendation No. 5 and to take the remainder of the recommendations to the Parks and Recreation Commission for a recommendation. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to: 1) Direct staff to secure proposals for Minutes of the City Council Moorpark, California Page 7 September 20, 2000 the design of the grading, utilities, drainage, and other related improvements for AVCP Phase II; and 2) Refer the following recommendations to the Parks and Recreation Commission: A) Direct the Parks and Recreation Commission to review the City's Park Improvement Zones and forward a recommendation on revisions to the City Council; B) Confirm the deposit of 100 percent of the park fees collected from the Archstone project to the Community Park Improvement Zone; C) Direct that 80 percent of the park fees to be collected from the Pacific Communities project be deposited in the Community Park Improvement Zone and 20 percent in a future neighborhood zone; D) Indicate intent to allocate $1.2 million to the community pool. AMENDMENT: Mayor Hunter requested an amendment to the motion to direct the Budget and Finance Committee to further study the issue of interzone and intrazone transfers and loan repayments. The maker and second for the motion accepted the amendment. The amended motion carried by unanimous voice vote. D. Consider Shiloh Community Church's Request for Arroyo Vista Community Park Rental Fee Waiver. Staff Recommendation: Direct staff as deemed appropriate. Ms. Lindley gave the staff report. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to approve the waiver of park rental fees with the exception of any direct costs of the lights. The motion carried by unanimous voice vote. E. Consider Resolution No. 2000- Rescinding Resolution No. 96 -1229 and Adopting New and /or Revised Policies and Standards Pertaining to Engineering Matters. Staff Recommendation: Adopt Resolution No. 2000- Mr. Gilbert recommended continuing the item to October 4, 2000, based on the need to amend the grading stockpile language. Mr. Kueny explained that the City needed to respond quickly without going through Council for the stockpiling issue. He requested authorization to incorporate language revisions and return the item on the October 4, 2000, Consent Calendar. Councilmember Harper stated he liked the revised guidelines. He stated he had concerns that there was no Minutes of the City Council Moorpark, California Page 8 September 20, 2000 mention of ridgeline protection included in the language for grading standards. He suggested incorporating language that every effort would be made to protect ridgelines from development. Mr. Gilbert stated he had discussed the matter with Mr. Loftus who had expressed concern about conflict with the Hillside Ordinance. Mr. Kueny suggested reference to the hillside grading requirements in the Zoning Code be included in the Engineering Policies and Standards. In response to Councilmember Harper, Mr. Kueny stated ridgelines should be protected in the development approvals. Mr. Kueny stated the item would be brought back as a Consent Calendar item with additional language regarding stockpiling and reference to the Hillside Ordinance. 11. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to approve the Consent Calendar, with the exception of Item 11.J. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of a Regular Meeting of March 15. 2000. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register - September 20, 2000. Fiscal Year 2000/2001 Manual Warrants 103549 - 103560 & 103403 Voided Warrants 103553 & 103556 & 103558 (Pentamation additional remittance copies) Payroll Liability 103541 - 103548 Warrants $150,915.02 $ - 0 - $ 14,234.76 Regular Warrants 103561 - 103688 $269,275.27 Staff Recommendation: Approve the Warrant Register. C. Consider Resolution No. 2000 -1778, Authorizing the City's Fiscal Year 2000/2001 Transportation Development Act Minutes of the City Council Moorpark, California Page 9 September 20, 2000 Claim. Staff Recommendation: 1) Adopt Resolution No. 2000 -1778, authorizing the FY 2000/2001 Transportation Development Act claim for the City of Moorpark, and authorizing the City Manager to sign the claim for submittal to the Ventura County Transportation Commission. D. Consider Resolution No. 2000 -1779, Amending the Fiscal Year 2000/2001 Transit Budget. Staff Recommendation: Adopt Resolution No. 2000 -1779, amending the Fiscal Year 2000/2001 Transit Budget. (ROLL CALL VOTE REQUIRED.) E. Authorize Reimbursement of Spring Road /Tierra Rejada Road Area of Contribution (AOC) Fees to Albertson's Inc. for the Construction, on Behalf of the City, of Certain Modifications, the Traffic Signal, and Street Improvements at the Intersection of Los Angeles Avenue and Tierra Rejada Road. Staff Recommendation: Authorize reimbursement to Albertson's Inc., of Spring Road /Tierra Rejada Road AOC fees previously paid by the developer of the Carlsberg Specific Plan area (PC -3), in an amount not to exceed $15,000, for the constructions of improvements to the intersection of Los Angeles Avenue and Tierra Rejada Road. F. Consider Bids for the Slurry Seal 2000 Project. Staff Recommendation: 1) Award a contract to California Pavement Maintenance Company, in the amount of $327,950.63 for the construction of the subject project; 2) Approve a construction contingency in the amount of $32,795.00 for the project and authorize the City Manager to approve additional work, if required, for an amount not to exceed said contingency; 3) Authorize the City Manager to sign necessary contract documents; and 4) Adopt Resolution No. 2000 -1780 revising the amount of the appropriations and budget for the project. (ROLL CALL VOTE REQUIRED) G. Consider Request by Roam'n Relics Car Club to Hold Event on High Street On October 29, 2000, and to Reduce City Fees. Staff Recommendation: 1) Waive fee for use of Redevelopment Agency property, charge Club the contract billing rate for police charged by the County, and charge Club the direct cost of other staff to plan the event; 2) Require Club to pay an encroachment permit fee ($50) and a temporary use permit fee ($88); and 3) Require Club to provide the City and Agency with an indemnification agreement and name the City and Agency as additional insured on the Club's insurance policy. Minutes of the City Council Moorpark, California Page 10 September 20, 2000 H. Authorize Reimbursement of Southern California Edison (SCE) Costs for the Placement of Conduit for the Future Installation of a Traffic Signal Interconnect System on Los Angeles Avenue [Project 8004]. Staff Recommendation: Approve prior action by the City Manager to authorize payment to SCE for the City's portion of the SCE undergrounding project. I. Authorize Reimbursement of Ventura County Flood Control District ( VCFCD) Costs for the Restoration of Certain VCFCD Facilities Subsequent to the Construction of the Spring Road Bridge [Project 80151. Staff Recommendation: Approve prior action by the City Manager to authorize payment to the VCFCD for certain streambed restoration costs in the Arroyo Simi upstream of the Spring Road bridge as described in the agenda report. The following item was pulled from the Consent Calendar for individual consideration: J. Consider Clarification of Intent of Condition of Approval No. 16, Resolution No. 2000 -1687 Pertaining to Approval of a Minor Modification to Permit Development of Pads B and C, Mountain Meadows Plaza. Staff Recommendation: Approve the revised language for Condition No. 16 and direct staff to return with a resolution to effectuate the revision. In response to Councilmember Rodgers, Mr. Gilbert explained that the permit package went to Caltrans for adding another left -turn lane from Los Angeles Avenue west to Tierra Rejada Road. He stated the developer's cost for improvements on Los Angeles Avenue were far less than the bond. He explained that the developer wanted their building permit. He stated staff could not recommend waiving the condition until Caltrans approved the permit. Councilmember Rodgers expressed concern that there would be two vacant buildings with no occupancy permits. Mr. Kueny explained that the item allowed the developer to defer the cost of securing the bond until the building construction was underway. He explained that the developer could occupy the building if the City was provided with the increased surety. He stated the developer's risk was the City foreclosing on the surety as well as foreclosing on the Albertson's surety. Minutes of the City Council Moorpark, California Page 11 September 20, 2000 Councilmember Harper stated the alternative was to have the bond posted now. Mr. Kueny explained that the developer would be required to post the surety before the occupancy is approved. Councilmember Rodgers stated she was not averse to requiring the bond now. Councilmember Evans indicated support for requiring the bond now. Mr. Kueny stated if the Council took no action, the language would remain the same, and the surety would be required prior to the building permit. The Council took no action on the item. 12. ORDINANCES: None. 13. CLOSED SESSION: None. 14. ADJOURNMENT: MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adjourn. The time was 7:56 p.m. The motion carried by unanimous vc' ATTEST: Deborah S. Traffenste City Clerk