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HomeMy WebLinkAboutMIN 2002 0904 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California September 4, 2002 A Regular Meeting of the City Council of the City of Moorpark was held on September 4, 2002, 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 6:44 p.m. 2. INVOCATION: Bishop Nyles L. Christensen, Church of Latter -Day Saints, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Captain Robert LeMay, Ventura County Sheriff's Department, led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Mikos, Millhouse, Wozniak, and Mayor Hunter. Absent: Councilmember Harper. Staff Present: Hugh Riley, Assistant City Manager; Ken Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Walter Brown, City Engineer; Captain Robert LeMay, Ventura County Sheriff's Department; Julie C.T. Hernandez, Senior Management Analyst; Laura Stringer, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk and Blanca Garza, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation Proclaiming September 11, 2002, as Recognition of Freedom, a Day of Remembrance. Minutes of the City Council Moorpark, California Paae 2 September 4, 2002 Mayor Hunter presented the proclamation to Captain LeMay, Ventura County Sheriff's Department. B. Introduce new City Employee, Steven Valdez, Planning Technician I. Mayor Hunter introduced Steven Valdez, Planning Technician I. 6. PUBLIC COMMENT: Councilmember Millhouse addressed a concern that was raised by Mr. Colin Velasquez at the last meeting regarding a closed session property negotiation item and a potential conflict of interest. He stated that he spoke to the City Attorney regarding this concern and does not believe that he has spoken on the item or that there is a conflict. He stated, however, that because of the perception of any conflict, he would not participate in any discussion regarding Mr. Velasquez's property, and would recuse himself accordingly. AT THIS POINT in the meeting, the City Council meeting was recessed to convene the Moorpark Redevelopment Agency meeting. The time was 6:52 p.m. The City Council meeting reconvened at 6:53 p.m. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mr. Riley requested that Items 10.C. and 10.E. be continued to the September 18, 2002 meeting. He further requested that Items 11.F., 11.G. and 11.K. be pulled from the Consent Calendar for discussion. CONSENSUS: By consensus, the Council determined to reorder the agenda and consider Items 10.C. and 10.E. prior to Announcements and Future Agenda Items. 10. PRESENTATION /ACTION /DISCUSSION: C. Consider Proposed Sian Program for Commercial Planned Development Permit No. 2001 -01 (Moorpark Marketplace - 357,621 Square Foot Commercial Center) Located South of New Los Angeles Avenue, East of Miller Parkway and West of the SR -23 Freeway on the Application of Zelman Retail Partners, Inc. (Assessors Parcel Nos. 512 -0- 260 -015, -085 and -105). Staff Recommendation: Approve Minutes of the City Council Moorpark, California Page 3 September 4, 2002 the Master Sign Program subject to the staff recommended modifications. MOTION: Councilmember Mikos moved and Councilmember Wozniak seconded a motion to continue Item 10.C. to September 18, 2002. The motion carried by voice vote 4 -0, Councilmember Harper absent. E. Consider Solid Waste Franchise Agreements, and Resolution Rescinding Resolution No. 2001 -1924, Updating Solid Waste Collection Fees for 2003. Staff Recommendation: 1) Approve the City's Franchise Agreements with Moorpark Rubbish Disposal and GI Industries, subject to final language approval by the City Manager and City Attorney; and 2) Adopt attached Resolution No. 2002- 1 updating the Solid Waste Collection Fees effective January 1, 2003. (ROLL CALL VOTE REQUIRED) MOTION: Councilmember Mikos moved and Councilmember Wozniak seconded a motion to continue Item 10.E. to September 18, 2002. The motion carried by voice vote 4 -0, Councilmember Harper absent. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos announced that the next guided hike would take place at Happy Camp Canyon Regional Park on September 7, 2002, from 2:00 p.m. to 7:00 p.m. Mayor Hunter announced the following events: Moorpark After Dark Back to School Dance on September 9, 2002, 7:00 p.m. to 10:00 p.m. at the Arroyo Vista Recreation Center; Teen Band Jam on September 13, 2002, 7:30 p.m. to 10:00 p.m. at the Arroyo Vista Recreation Center; and, Skate Park Contest on September 12, 2002, 3:00 p.m. to 4:00 p.m. with regular skating activities on Tuesdays and Wednesdays, 3:00 p.m. to 6:00 p.m. at the Arroyo Vista Skate Park. 9. PUBLIC HEARINGS: A. Consider Proposed Development Agreement with Vintaae Crest Senior Apartments, L.P., a California Limited Partnership. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Introduce Ordinance No. 285 for first reading. Minutes of the City Council Moorpark, California Paqe 4 September 4, 2002 Mr. Hogan presented the staff report and requested the following changes to the Development Agreement: - Pg. 5, Item 3, Line 7, change "July 17 2002" to "July 10, 2002 "; - Pg. 11, Section 6.3, Sentence 7, strike "which" after "annual adjustment "; - Pg. 12, Section 6.4, Sentence 5, strike "which" after "annual indexing "; - Pg. 12, Section 6.5, Sentence 7, strike "which" after "annual adjustment "; - Pg. 13, Section 6.6, Sentence 4, insert "per unit" after "($4,250) "; - Pg. 13, Section 6.6, Sentence 6, strike "which" after "annual indexing "; and - Pg. 18, Section 6.10, last paragraph, insert "for the life of the project" after "assisted living facility." Mr. Hogan concluded by stating that the amendments reorder the preambles and change the date in the ordinance. Mayor Hunter opened the public hearing. Steve Gall, Executive Vice President of USA Properties, 2440 Professional Drive, Suite 100, Roseville, extended appreciation to the City and staff; agreed with the proposed language changes in the Development Agreement; and stated that grading would begin in approximately mid - September. He noted that based on his quick review of the allocation list, he is confident that the funding is in place for the tax - exempt bond financing. Ron Andrade, Chairman of the Board of Candelaria American Indian Council for Ventura County, and Chairman of the Native American Indian Intertravel Association of Ventura County, 300 Moorpark Avenue, spoke in opposition to the permit and development. He stated that both organizations should have been notified because the project is receiving public funding and that they should have been given the opportunity to review the environmental documents to determine whether there were any impacts to the Minutes of the City Council Moorpark, California Paae 5 September 4, 2002 American Indian community. He stated that he would continue to oppose the development until his organizations have reviewed the California Environmental Quality Act (CEQA) or National Environmental Protection Act (NEPA) documents. He referenced a situation regarding a resident who experienced administrative roadblocks when seeking a permit for a retaining wall and driveway, and commented that the permit process is easier for big companies than for small organizations or individuals. He stated that equal treatment should be given by the City's Engineer Office and the Community Development Department. He further stated that his organization would continue to press the matter until the issue of equal treatment is resolved. In response to Mayor Hunter, Mr. Hogan stated that the City has complied with the CEQA statutory notification requirements with regard to this project. He stated that this is not a federal project and does not fall under NEPA guidelines. He clarified that pursuant to CEQA, a Negative Declaration was prepared. He stated that the City has not received a prior request from the two organizations referenced by Mr. Andrade requesting notification, but would put them on the list as soon as the request is made in writing. He further stated that a records check of known sites was performed and there is no known archeological site on the project site. He said that if such a find is discovered the work will cease and a monitor will come out and review the site. He explained that if, under the grading conditions, a find is exhumed, the City would follow the CEQA requirements. Mayor Hunter requested staff provide a report on the matter regarding the wall and driveway concerns expressed by Mr. Andrade for review at the next meeting. He explained that the Council is precluded by law from taking action on any item that is not on the agenda. Councilmember Millhouse stated that the City is sensitive to archeological sites and that if anyone wishes to be notified of developments in the City, their request will be fulfilled. He stated that it is encouraging that should something be found during the grading or excavation, there is a policy in place that Minutes of the City Council Moorpark, California Paqe 6 September 4, 2002 would stop all work so that situation can be assessed and handled properly. He explained that the permitting process could sometimes be cumbersome depending on the complexity of problems associated with each request, however, all requests are treated equally, and the City does address them when concerns arise. Mayor Hunter agreed that some difficulties do occur during the permit process, but the City takes each request seriously and tries to resolve each issue in a fair and equitable manner. Councilmember Mikos thanked the speaker for raising the issue because it reminds everyone of what the City should be doing. She noted that there is a specific condition regarding archeological finds in the conditions of approval for this project. Mayor Hunter closed the public hearing. Ms. Traffenstedt read the ordinance by title. MOTION: Councilmember Mikos moved and Councilmember Wozniak seconded a motion to waive full reading of Ordinance No. 285. The motion carried by voice vote 4 -0, Councilmember Harper absent. MOTION: Councilmember Mikos moved and Councilmember Wozniak seconded a motion to declare Ordinance No. 285 introduced for first reading. The motion carried by voice vote 4 -0, Councilmember Harper absent. B. Consider Amending Fiscal Year 2002 -2003 Annual Action Plan of Ventura County Community Development Block Grant (CDBG) Fiscal Year 2000 -2005 Consolidated Plan to Include Theater on High Project; Consider Adoption of Resolution to Apply for Section 108 Loan for Theater on High Project for $500,000 from the U. S. Department of Housing and Urban Development (HUD) for Furnishings, Fixtures and Equipment (FF &E) for the Theater at 45 East High Street and for the Acquisition of 11 -17 East High Street; and Consider Approving Agreement Between City of Moorpark and Janss IV Recreation for Theater on High Project. Staff Recommendation: Open the public hearing, take testimony, and continue hearing to September 18, 2002. Minutes of the City Council Moorpark, California Paqe 7 September 4, 2002 Mr. Riley presented the staff report. He requested that the City Council refer the security and lien position issues to the Budget and Finance Committee for further review and recommendation. Mayor Hunter opened the public hearing, and there were no requests from the public to speak on this matter. MOTION: Councilmember Mikos moved and Councilmember Wozniak seconded a motion to refer the outstanding issues to the Budget and Finance Committee for review and continue the public hearing open to September 18, 2002. The motion carried by voice vote 4 -0, Councilmember Harper absent. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Teen Council Appointments. Staff Recommendation: Make appointments to the Teen Council for a one -year term to end on June 30, 2003. Ms. Traffenstedt presented the staff report. Mayor Hunter commented on the difficulty in recruiting representatives from the 7th and 12th grades. In response to Mayor Hunter, Ms. Lindley stated that staff approached each of the schools, but that efforts may have been hampered due to the process being performed at the end of the school year. In response to Councilmember Mikos, Ms. Lindley stated that staff did not go to the high school class at Moorpark College. Mayor Hunter recommended that staff contact Captain LeMay's staff at the high school. He further recommended waiving the rules to facilitate making one motion. MOTION: Mayor Hunter moved and Councilmember Millhouse seconded a motion to appoint Andrea Green, Sanaz Keyhani, Zahabiya Chithiwala, Britteny Best, Todd Koszela, Taylor Skinner, Greg Priebe, Shannon Pflaumer, Nick Semnani, Shauna Marsh, and Elizabeth Saidkhanian to the Teen Council for a one -year term to end on June 30, 2003. The motion carried by voice vote 4 -0, Councilmember Harper absent. Minutes of the City Council Moorpark, California Page 8 September 4, 2002 B. Consider Appointments to the Ventura County Area Agency on Aging. Staff Recommendation: Appoint one (1) representative and one (1) alternate to the Area Agency on Aging for a two -year term from July 1, 2002, through June 30, 2004. Ms. Traffenstedt presented the staff report. Mayor Hunter requested that the rules be waived to facilitate making one motion. MOTION: Mayor Hunter moved and Councilmember Wozniak seconded a motion to appoint Morrie Abramson as representative and Anthony Bellasalma as alternate to the Ventura County Area Agency on Aging. The motion carried by voice vote 4 -0, Councilmember Harper absent. D. Consider Discussion of Replacement of Nonconformin Structures when Destroyed by More than Fifty Percent (500) Chapter 17.52 (Nonconformities and Substandard Lots) . Staff Recommendation: Direct staff to provide a letter to Mrs. Tash clarifying the City's requirements for reconstruction of nonconforming uses. Mr. Hogan presented the staff report. Councilmember Mikos requested that staff reference the appropriate sections of the Municipal Code in the letter so that individuals can take the letters to their lenders. In response to Councilmember Millhouse, Mr. Hogan stated that a letter would be sent to Mrs. Tash and any other property owner requesting a similar letter. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to approve the staff recommendation to provide a letter to Mrs. Tash clarifying the City's requirements for reconstruction of nonconforming uses and to provide additional letters to homeowners and lenders when requested. The motion carried by voice vote 4- 0, Councilmember Harper absent. Minutes of the City Council Moorpark, California Paqe 9 September 4, 2002 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Mikos seconded a motion to pull Items 11.F., 11.G., and 11.K. for individual consideration, and to approve the balance of the Consent Calendar. The motion carried by roll call vote 4 -0, Councilmember Harper absent. A. Consider Approval of Minutes of Special Meeting of August 27, 2002. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register for Fiscal Year 2001 -2002 - September 4, 2002. Voided Warrant 110378 $ 0.00 Regular Warrants 110375 - 110390 & $ 281,305.23 110523 - 110526 $ 2,054.91 Staff Recommendation: Approve the warrant register. C. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - September 4, 2002. Manual Warrant 110432 $ 270.00 Payroll Liability 110433 - 110439 $ 11,043.84 Warrants Regular Warrants 110391 - 110431 & $ 789,666.35 110440 - 110522 $ 21,184.24 Staff Recommendation: Approve the warrant register. D. Consider Moorpark Boys & Girls Club /Moorpark Basketball Association (MBA) Use Agreement. Staff Recommendation: Approve five -year use agreement with Moorpark Boys & Girls Club /Moorpark Basketball Association (MBA), as submitted subject to final language approved by City Manager and City Attorney and authorize the City Manager to execute the agreement on behalf of the City. E. Consider Director Determination of Use in the M -1 Zone for a Proposed Harley Davidson Dealership Pursuant to Section 17.040.050J. Staff Recommendation: Concur with the Community Development Director's determination. Minutes of the City Council Moorpark, California Paqe 10 September 4, 2002 F. Consider a Collaboration Memorandum of Understanding (MOU) with the Moorpark /Simi Valley Neighborhoods for Learning. Staff Recommendation: Approve the proposed Collaboration Memorandum of Understanding (MOU) with the Moorpark /Simi Valley Neighborhoods for Learning (NFL), subject to final language approval of the City Manager and authorize the City Manager to execute the MOU on the City's behalf. G. Consider Resolution Amending Personnel Rules and Regulations for the Positions in the Competitive Service and Rescinding Resolution No. 2001 -1890. Staff Recommendation: Adopt Resolution No. 2002 -2000. H. Consider Resolution Designating the Intersection of Cedarpine Lane and Deering Lane to be a Stop Intersection and Directing the Placement of STOP Signs at all Entrances Thereto. Staff Recommendation: Adopt Resolution No. 2002 -1998. I. Consider Third Addendum to Memorandum of Agreement (MOA) with Service Employees International Union AFL - CIO, CLC Local 998. Staff Recommendation: Authorize the City Manager to approve the Third Addendum to the MOA with the final language to be approved by the City Manager. J. Consider Ventura County Community Foundation Grant Resolution for the Moorpark Senior Center. Staff Recommendation: Adopt Resolution No. 2002 -1999, authorizing submittal of a grant application to the Ventura County Community Foundation to fund a bilingual older adult exercise class and authorizing the City Manager to serve as signatory for the grant. K. Consider Approval of Final Map for Vesting Tentative Tract Map (VTTM) 5321 and Associated Documents (Zelman Development Co.). Staff Recommendation: 1) Accept the offers of dedication on the Final Map; 2) direct the Mayor and the City Clerk to cause the recordation of the Final Map for VTTM 5321; and 3) authorize the City Manager to sign, and direct the City Clerk to record the "Hold Harmless Agreement - National Pollutant Discharge Elimination System." Minutes of the City Council Moorpark, California Paqe 11 September 4, 2002 The following items were pulled from the Consent Calendar for individual consideration: F. Consider a Collaboration Memorandum of Understanding (MOU) with the Moorpark /Simi Valley Neighborhoods for Learning. Staff Recommendation: Approve the proposed Collaboration Memorandum of Understanding (MOU) with the Moorpark /Simi Valley Neighborhoods for Learning (NFL), subject to final language approval of the City Manager and authorize the City Manager to execute the MOU on the City's behalf. Ms. Hernandez reviewed the following changes to the MOU, which provide clarity as to what the City is agreeing to within the MOU: 1) Title - Add Moorpark College to the title and throughout the document to clarify what the college will be doing for the City in the partnership; 2) Term - Since the term of the MOU cannot be specified due to changes or any unexpected delays in the award process, staff is asking approval of the 36 -month term from the date of the award; 3) In -kind Match - Clarified that where staff time will be provided, applies to the use of computer and software that will be used by staff only; 4) Duties of Moorpark NFL and Moorpark College - NFL will provide programming administration of funds, and Moorpark College (actual fiscal agent) will do accounting and accounts receivable, and other types of administrative support; 5) Housing - The "housing" that will be provided for by the college will be in the form of an "office "; 6) Responsibilities - Change the childcare scholarships for full range 0 -5 years (not original target of 0 -2 years) to enhance the goal to service from 100 to 200 children; 7) Mobile Services - Insert and identify neighborhoods that will receive mobile services as a minimum; 8) Under - One -Roof - type of office would be located in downtown area; and 9) Addition of Moorpark's responsibilities for clarity. Minutes of the City Council Moorpark, California Paqe 12 September 4, 2002 Mayor Hunter commented on the ambiguity of the term "children ages 0 -5 ". Ms. Hernandez explained that "0" takes into account pregnant mothers. Mayor Hunter pointed out that prenatal care was not included on page 159 and suggested changing the language to read "prenatal care and children through the age of 5." Councilmember Mikos stated that the community has been awaiting this program for quite some time. She provided the following list of services for the benefit of the public: childcare scholarships, enhanced skills, beginning new child care centers, support groups, donation activities, dial -a -ride for medical and social service appointments, mobile services for certain neighborhoods including Villa Campesina, Campus Park East and West, La Colonia, Home Acres, Happy Camp, and ranches surrounding Moorpark. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to approve the proposed Collaboration Memorandum of Understanding (MOU) with the Moorpark /Simi Valley Neighborhoods for Learning (NFL) with the adjusted changes, subject to final language approval of the City Manager and authorize the City Manager to execute the MOU on the City's behalf. The motion carried by voice vote 4 -0, Councilmember Harper absent. G. Consider Resolution Amending Personnel Rules and Regulations for the Positions in the Competitive Service and Rescinding Resolution No. 2001 -1890. Staff Recommendation: Adopt Resolution No. 2002 -2000. Ms. Traffenstedt stated that this item was pulled to revise the definition of "veteran" to read as follows: "Veteran ": This definition shall have the same meaning as in Section 18973 of the State Government Code, for the purposes of determination of veterans preference in establishment of an employment list following a competitive examination (pursuant to Section 7.1 of these Rules). MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to adopt Resolution No. 2002- 2000, as amended by staff. The motion carried by voice vote 4 -0, Councilmember Harper absent. Minutes of the City Council Moorpark. California Paae 13 September 4, 2002 K. Consider Approval of Final Map for Vesting Tentative Tract Map (VTTM) 5321 and Associated Documents (Zelman Development Co.). Staff Recommendation: 1) Accept the offers of dedication on the Final Map; 2) direct the Mayor and the City Clerk to cause the recordation of the Final Map for VTTM 5321; and 3) authorize the City Manager to sign, and direct the City Clerk to record the "Hold Harmless Agreement - National Pollutant Discharge Elimination System." Mr. Brown explained that this item was pulled because the final map had not been received until today, but that staff now has the materials from the developer and feels that the final map is recordable. He stated that staff is satisfied that the map is both technically correct and in substantial conformance with the conditions of approval. He stated that the agenda report outlines some NPDES requirements that are satisfied by agreements executed by the developer. He concluded by stating that the map itself, the deed from the existing property owner, and the indemnity agreement would be recorded concurrently so the outstanding issue of the owner being identified in the indemnity agreement has been resolved. MOTION: Councilmember Mikos moved and Councilmember Wozniak seconded a motion to: 1) Accept the offers of dedication on the Final Map; 2) Direct the Mayor and the City Clerk to cause the recordation of the Final Map for VTTM 5321; and 3) Authorize the City Manager to sign, and direct the City Clerk to record the "Hold Harmless Agreement - National Pollutant Discharge Elimination System." The motion carried by voice vote 4 -0, Councilmember Harper absent. 12. ORDINANCES: None. 13. CLOSED SESSION: None was held. Minutes of the City Council Moorpark, California Page 14 September 4, 2002 14. ADJOURNMENT: MOTION: Councilmember Millhouse ved an Councilmember Wozniak seconded a motion to adjourn. . he motion by voice vote 4 -0, Councilmember Harper absen The time larried as 7:5?,�m -/ ATTEST: �D i S. Deborah S. Traffenst City Clerk Hunters j'Mayor