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HomeMy WebLinkAboutMIN 2004 0915 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California September 15, 2004 A Regular Meeting of the City Council of the City of Moorpark was held on September 15, 2004, 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 7:23 p.m. 2. PLEDGE OF ALLEGIANCE: City Manager, Steven Kueny 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; Hugh Riley, Assistant City Manager; Kenneth Gilbert, Public Works Director; Barry Hogan, Community Development Director; Cynthia Borchard, Administrative Services Director; Brad Miller, City Engineer; Sergeant Craig Smith, Sheriff's Department; David Bobardt, Planning Manager; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Certificates of Recognition for Country Days Logo and Theme Contest Winners, Jessica Dungca and Scott Tipping. Mayor Hunter presented Jessica Dungca with a certificate of recognition for winning the Country Days logo contest. Scott Tipping was unable to attend. Mayor Hunter announced the 25th Annual Country Days Parade and Street Fair will be held Saturday, October 2nd. Minutes of the City Council Moorpark, California Paqe 2 September 15, 2004 B. Proclamation Approving October 1, 2004, as "California Arts Day" and Recognizing the Month of October as "Arts and Humanities Month ". Mayor Hunter presented Parks and Recreation Commission Vice - Chair, Julie Weisberger with a proclamation approving October 1, 2004, as "California Arts Day" and Recognizing the Month of October as "Arts and Humanities Month ". Ms. Weisberger invited the community to attend the city of Moorpark's Art Festival to be held on Sunday, October 10, 2004, at the Moorpark Civic Center and on High Street. C. City Manager's Monthly Report. Mr. Kueny introduced Brad Miller, City Engineer who gave the monthly report. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7 :37 p.m. The City Council meeting reconvened at 7:38 p.m. 5. PUBLIC COMMENT: Ralph Mauriello, a Moorpark resident representing the High Street Theater Foundation, spoke about forming an alliance with the City for a Committee of the Arts. Jean Sandlin, a Moorpark resident representing the High Street Theater Foundation, spoke about their interest in maintaining the historic district in the community. Wendy Harper, a Moorpark resident representing the High Street Theater Foundation and designer of the Gardens of the World in Thousand Oaks, spoke about the need to revitalize the downtown area; and ways to raise money for the theater. Janet Murphy, a Moorpark resident invited the community to a documentary film at the Theater on High Street entitled "Home Growing ", which concerns affordable housing and the preservation of open space; and stated Measures A and B on the upcoming election ballot will be discussed. Minutes of the City Council Moorpark, California Paqe 3 September 15, 2004 Keith Millhouse, a Moorpark resident, spoke in regard to Measure B, the transportation initiative for Ventura County; and encouraged voters to become educated on the measure. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Mikos requested Items 10.C. and 10.D. be pulled from the Consent Calendar for individual consideration. Mayor Hunter requested Item 9.F. be continued to October 6, 2004, to allow Council additional time to review the agreement. CONSENSUS: It was the consensus of the Council to 10.C. and 10.D. from the Consent Calendar for consideration and to continue Item 9.F. to October 6, 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: pull Items individual 2004. Councilmember Mikos announced a four -mile hike through Happy Camp Canyon Regional Park on Sunday, September 26, 2004. Mayor Hunter announced a volunteer cleanup of the Arroyo Simi will take place on Saturday, September 18, 2004. Mayor Hunter announced a free landfill day scheduled for Moorpark residents on Sunday, September 19, 2004. Mayor Hunter announced the north parking lot at the Metrolink station will be closed Saturday, October 2nd from 6:00 a.m. to 6:00 p.m. due to the Country Days Parade. Mayor Hunter announced the Active Adult Center, in conjunction with the Visiting Nurse Association, will hold a flu shot clinic on Wednesday, October 6, 2004. 8. PUBLIC HEARING: A. Consider General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01, and Zone Change No. 2001 -02 for 1,650 Housing Units on 3,586.3 Acres Located Generally North of Moorpark College and State Route 118 on Land Immediately Outside City of Moorpark Municipal Minutes of the City Council Moorpark, California Paqe 4 September 15, 2004 Boundaries, on the Application of North Park Village LP. (continued from July 21, 2004, with public hearing open) Staff Recommendation: Continue to take testimony in the open public hearing, and continue the agenda item with the public hearing open, to October 20, 2004. Mr. Bobardt gave the staff report. Mayor Hunter suggested hearing from the public speakers prior to follow -up questions directed to staff. CONSENSUS: It was the consensus of the Council to take public testimony prior to directing questions to staff. Mayor Hunter stated the public hearing remains open. David Panaro, a Moorpark resident, hydrologist for Ventura County Water Resources Division, and geologist for the Fox Canyon Groundwater Management Agency, gave a presentation on water supply and water quality. Joe Edmiston, Executive Director of the Santa Monica Mountains Conservancy (SMMC), 5750 Ramirez Canon Road, Malibu, California, and Executive Officer of the Mountains Recreation Conservation Authority (MRCA), 25345 Mureau Road, Ventura, California, spoke about issues of concern to SMMC. Walt Young, Chief Ranger of Mountains Recreation Conservation Authority (MRCA), 25345 Mureau Road, Ventura, California, gave a presentation on the local government agency and stated the MRCA manages several properties within Ventura County including Rocky Peak Park, Ahmanson Ranch, and Happy Camp Canyon Regional Park, which is adjacent to the proposed open space of North Park. Reddy Pakala, Director of Water and Sanitation for Ventura County Public Works Agency, representing Ventura County Waterworks District No. 1, 7150 Walnut Canyon Road, Moorpark, described the water supply sources for the district and stated the water demands for the proposed project were included in their Master Plan. Minutes of the City Council Moorpark, California Page 5 September 15, 2004 Jim Lovins, Environmental Coordinator with Vintage Petroleum, 3055 West Pacific Coast Highway, Ventura, California, stated he has been in contact with the developer in regard to what wells, gathering lines and facilities may be impacted by the project. Ann Johnston, environmental consultant for the City from BonTerra Consulting, 151 Kalmus Suite E -200, Costa Mesa, California, gave a presentation on the biological resources as addressed in the Environmental Impact Report. Ken Kilkenny, representing North Park, 680 Walnut Street, Moorpark, spoke in regard to groundwater and water supply; school mitigation; the fire station site; SMMC recommendations for protection of watershed, additional wildlife crossing, and vernal pools; and Valley Fever statistics. Frank DePasquale, Superintendent of Moorpark Unified School District, 5297 Maureen Lane, Moorpark, spoke about the District's concern about the location of the school site, and financial arrangements in negotiation with the developer. Jim Crawford, a Moorpark resident, spoke in opposition to the project expressing concerns about traffic. Ben Randazza, a Moorpark resident, spoke in opposition to the project and expressed concerns about traffic and Valley Fever. Susan Nardi, a Moorpark resident, expressed concerns about traffic and Valley Fever. Suzanne Wilson, a Moorpark resident, expressed concern as to the accuracy and consistency of the developer's promises, and the proposed freeway interchange. Lina Santelli, a Moorpark resident, spoke in support of the project. David Bagwell, a Moorpark resident and businessperson, spoke in support of the project and asked the Council to please put it on the ballot for the voters. Minutes of the City Council Moorpark, California Page 6 September 15, 2004 Flo Carvalho, a Moorpark resident, stated she is willing to put up with traffic problems to get the project. Scott Mosher, representing the Moorpark Chamber of Commerce, 225 West Los Angeles Avenue, Moorpark, stated the Chamber supports the project and urged the Council's support to bring it to the voters. Jeff Sanders, a Moorpark resident, stated 40- percent of the homes will be single -level homes, which are hard to find in a community; and urged the Council to put the project on the ballot for a vote. Lynn Shackelford, a Moorpark resident and Simi Valley business person, spoke in favor of the proposed planned community with 75- percent open space. Randall Smith, a Moorpark resident, spoke in support of the project and urged the Council to put the project on the ballot. Lisa Leal, a Moorpark resident, spoke in support of the project's 75- percent open space, a reclaimed water pipeline to the college, a lake, buffer zone, and freeway interchange. Dick Wardlow, a Moorpark resident, stated the project is an opportunity for citizens of Moorpark to have a well planned community; and asked the Council to get the project to the voters. Cheri Risley Bohnert, a Moorpark resident, spoke in support of the project which provides needed infrastructure, services, a new school site, water resource protections, and permanent wildlife protection. Vicki Koch, a Westlake Village resident, spoke about the amenities available when raising a family near a lake. Linda Shishino -Cruz, expressed concerns about water fees, the creation of a lake in a semi -arid Minutes of the City Council Moorpark, California Page 7 September 15, 2004 environment, changes to the wildlife corridor; and soil contamination from oil field operations. John Shishino -Cruz, a Moorpark resident, spoke in opposition to the project and expressed concerns regarding Valley Fever and traffic impacts. Janet Murphy, a Moorpark resident and representative for the non - profit group Save Open Space /Santa Susana Mountains spoke about Measure A on the November ballot; expressed concerns regarding the impacts of North Park to the raptor habitat and oak woodlands; and recommended no project be developed. Tim Saivar, a Moorpark resident, spoke in opposition to the project citing traffic concerns. Randy Griffith, a Moorpark resident, recommended changes to the Mitigation Monitoring Plan including the submission by the developer of a work plan for the Phase 2 soils assessment. Tim Rosevear, a Moorpark resident, offered support for the project only if the infrastructure and freeway interchange are built first and expressed concerns regarding traffic. In response to Mayor Hunter, Ms. Traffenstedt stated there were 23 Written Statement cards submitted with 22 in favor and 1 in opposition to the project. She stated copies would be provided to Council. A discussion followed focusing on continuing the same subject matters to the October 20th meeting to allow Council to query staff and to move the intended North Park subject matters for October 20th to a subsequent date. CONSENSUS: It was the consensus of the Council to continue the subject matters of this meeting to the meeting of October 20, 2004, and move the intended subject matters for October 20th to a later date. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to continue the item to October Minutes of the City Council Moorpark, California Page 8 September 15, 2004 20, 2004, with public hearing open. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the Council recessed. The time was 11:19 p.m. The meeting reconvened at 11:35 p.m. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Aareements for Professional Services Relatin to the Formation, Financing and Annual Administration of Moorpark Highlands (Morrison /Pardee) and Moorpark Vista (SunCal) Community Facilities Assessment Districts. Staff Recommendation: Approve agreements subject to final language approval by the City Manager and the City Attorney. Mr. Riley stated due to the late hour, he would defer giving the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve agreements for professional services relating to the formation, financing and annual administration of Moorpark Highlands (Morrison /Pardee) and Moorpark Vista (SunCal) Community Facilities Assessment Districts, subject to final language approval by the City Manager and the City Attorney. The motion carried by unanimous voice vote. B. Consider Resolutions for Proceedinas to Initiate the Formation of the City of Moorpark Community Facilities District No. 2004 -1 (Moorpark Highlands) and Moorpark Community Facilities District No. 2004 -2 (Moorpark Vista). Staff Recommendation: Adopt Resolutions Nos. 2004 -2239, 2004 -2240, 2004 -2241, and 2004 -2242. Mr. Riley deferred the staff report due to the late hour. Mr. Kueny stated corrections to the agenda report should include the addition of "Site Acquisition" to School Fees on stamped page 90 and on stamped page 118 the reference to Flood Control District should be changed to Watershed Protection District. Minutes of the City Council Moorpark, California Paae 9 September 15, 2004 In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to initiate formation of the City of Moorpark Community Facilities District No. 2004 -1 (Moorpark Highlands) and Moorpark Community Facilities District No. 2004 -2 (Moorpark Vista by: 1) Adopting Resolution No. 2004 -2239, as amended for Exhibit A to include the school site acquisition for Moorpark Highlands; 2) Adopting Resolution No. 2004 -2240; 3) Adopting Resolution No. 2004 -2241, as amended for Exhibit A to correct "Flood Control" to be "Watershed Protection District" for Moorpark Vista; and 4) Adopting Resolution No. 2004 -2242. The motion carried by unanimous voice vote. In response to Councilmember Millhouse, Mr. Montes stated that Section 2.15 of Council's resolution for rules stated upon reaching midnight the Council will not address any new items. The time was 11:55 p.m. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to waive rules and proceed with the remainder of the agenda. The motion carried by unanimous voice vote. AT THIS POINT in the meeting Mayor Hunter continued the agenda in the order it was written. C. Consider Resolution to Chanae the Name of Los Anaeles Avenue Between Collins Drive and the Easterly City Limit. Staff Recommendation: Adopt Resolution No. 2004 -2243, changing the street name for the segment of Los Angeles Avenue east of Collins Drive to Arroyo Drive. Mr. Gilbert gave the staff report. Gary Mussell, a Moorpark resident, spoke about the Homeowners Association's concern regarding the short timeframe in which to change their addresses to Arroyo Drive and recommended the change not take effect until July 1, 2005. MOTION: Councilmember Harper moved and Mayor Hunter seconded a motion to adopt Resolution No. 2004 -2243, Minutes of the City Council Moorpark, California Page 10 September 15, 2004 changing the street name for the segment of Los Angeles Avenue east of Collins Drive to Arroyo Drive, as amended for an effective date of July 1, 2005. The motion carried by unanimous voice vote. D. Consider Permit Adjustment No. 2004 -10 for Commercial Planned Development No. 2001 -01: 1) Approval of a Site Plan and Building Elevations for a 4,850 Square -Foot Panera Bread Restaurant Building on Pad 1 of the Moorpark Marketplace; and 2) Approval of a New Sidewalk Section on the West Side of the Food Court, Located South of New Los Angeles Avenue, East of Miller Parkway and West of the SR -23 Freeway on the Application of Zelman Moorpark, LLC. Staff Recommendation: Direct staff to prepare a letter approving Permit Adjustment No. 2004 -10 to Commercial Planned Development No. 2001 -01. Mr. Hogan deferred the staff report due to the late hour. In response to Councilmember Parvin's concern that the westerly ingress /egress for the property conflicts with the major intersection, Mr. Hogan agreed it should be eliminated. MOTION: Councilmember Parvin moved Harper seconded a motion to direct s letter approving Permit Adjustment Commercial Planned Development No. 2001 eliminate the westerly ingress /egress. by unanimous voice vote. and Councilmember taff to prepare a No. 2004 -10 to -01, as amended to The motion carried E. Consider Recommendation of the Council Ad Hoc Committee on the Selleck Property Located on the North Side of New Los Angeles Avenue /White Sage Road Immediately East of the State Route 23 Freeway. Staff Recommendation: Approve the Ad Hoc Committee's recommendations with the waiver of the General Plan Pre - Screening filing. Mayor Hunter stated, "The property involved in this item is the subject of a lawsuit between the current and prior owners of the site. On prior occasions this year, when items involving this property have appeared on our agenda, I have recused myself from Minutes of the City Council Moorpark, California Paqe 11 September 15, 2004 participating because of the potential that I may be called as a witness in the lawsuit. While this does not represent a legal conflict of interest, I have recused myself to avoid any appearance of impropriety. Consistent with that practice, I will step off the dais at this point in the proceedings." AT THIS POINT in the meeting, Mayor Hunter left the meeting. The time was 12:05 a.m., September 16, 2004. Mr. Hogan gave the staff report. In response to Mayor Pro Tempore Parvin, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to approve the Ad Hoc Committee's recommendations with the waiver of the General Plan Pre - Screening filing. The motion carried by voice vote 3 -1 with Councilmember Mikos dissenting and Mayor Hunter absent. AT THIS POINT in the meeting, Mayor Hunter returned to the meeting. The time was 12:16 a.m., September 16, 2004. F. Consider an Agreement with Adelphia Communications Corporation dba Century -TCI California, L.P. for Cable Television Franchise Renewal. Staff Recommendation: Approve Franchise Renewal Agreement with Adelphia Communications Corporation, subject to final language approval by the City Manager and City Attorney. Council consensus, earlier in the meeting, was to continue this item to October 6, 2004. G. Consider an Ordinance Amending Section 2.04.055, Compensation, of Chapter 2.04, City Council, of Title 2 of the Municipal Code. Staff Recommendation: Waive full reading and introduce Ordinance No. 307 for first reading. Ms. Traffenstedt gave the staff report. Councilmember Harper stated in the last paragraph on stamped page 249 of the agenda report, the reference to compensation should be deleted. Minutes of the City Council Moorpark, California Paqe 12 September 15, 2004 In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mr. Montes read the title of Ordinance No. 307. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive full reading and introduce Ordinance No. 307 for first reading, as amended to delete the reference to compensation in the first sentence of Section 2.04.055. The motion carried by voice vote 3 -1 with Mayor Hunter dissenting and Councilmember Mikos abstaining. H. Consider Approval of Final Improvement Plans for Walnut Canyon Road in Conjunction with the Approval of Tract No. 5187 (William Lyon Homes). Staff Recommendation: 1) Approve the final improvement plans for Walnut Canyon Road pertaining to Tract 5187; and 2) Direct staff to process a Permit Adjustment to allow for the use of a multi -use trail in lieu of sidewalk north of "A" Street. Mr. Hogan gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mr. Kueny stated Item 2 of staff's recommendation should be clarified to indicate the sidewalk to be on Walnut Canyon Road. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to: 1) Approve the final improvement plans for Walnut Canyon Road pertaining to Tract 5187; and 2) Direct staff to process a Permit Adjustment to allow for the use of a multi -use trail in lieu of sidewalk on Walnut Canyon Road north of "A" Street, as amended to identify the sidewalk to be on Walnut Canyon Road north of "A" Street. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to approve the Consent Calendar with the exception of Items 10.C. and 10.D., which were pulled for Minutes of the City Council Moorpark, California Paqe 13 September 15, 2004 individual consideration. The motion carried by unanimous roll call vote. A. _Consider Approval of Minutes of Regular Meeting of June 16, 2004. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2004 -2005 - September 15, 2004. Manual Warrants Voided Warrant Payroll Liability Warrants Regular Warrants 117185 - 117190 & $ 49,082.43 $ 0.00 117289 - 117293 $ 1,839.73 117191 - 117275 & $ 36,246.07 117276 - 117288 $ 659,124.56 Staff Recommendation: Approve the warrant register. E. Consider Approval of Professional Services Agreement between the City of Moorpark and Professional Design Incorporated for Landscape Plan Review and Inspection Services. Staff Recommendation: 1) Approve the Agreement, subject to final language approval by the City Manager and City Attorney, and authorize the City Manager to sign the Agreement; and 2) Authorize staff to develop a list of alternate landscape architects for plan check and inspection on a per job basis to be approved by Purchase Order for a not to exceed total amount at an hourly rate up to $80.00 per hour. F. Consider Resolution Amending the Fiscal Year 2004/2005 Solid Waste AB 939 Budget. Staff Recommendation: Adopt Resolution No. 2004 -2245. ROLL CALL VOTE REQUIRED G. Consider Resolution Authorizing the City's Fiscal Year 2004/2005 Transportation Development Act Claim. Staff Recommendation: Adopt Resolution No. 2004 -2246, authorizing the City Manager to sign the FY 2004/05 TDA Claim on behalf of the City for submittal to Ventura County Transportation Commission. Minutes of the City Council Moorpark, California Paqe 14 September 15, 2004 H. Consider Resolution Amending the Conflict of Interest Code of the City of Moorpark and Rescinding Resolution No. 2002 -2020. Staff Recommendation: Adopt Resolution No. 2004 -2247. I. Consider Discussion of the Requirement for the Vacation of that Portion of Lassen Avenue East of Park Lane. Staff Recommendation: Receive and file report. J. Consider Grant Deed of Easement to the City of Moorpark in Relation to Park Lane Improvements. Staff Recommendation: Approve the acceptance of the easement and authorize the City Clerk to prepare, sign and record an acceptance certificate for the Grant Deed of Easement and to record the Grant Deed of Easement and the attachments thereto in the office of the Ventura County Recorder. The following items were pulled for individual consideration. C. Consider City of Moorpark General Plan Annual Report Including the Housing Element Progress Report - September 2003 to August 2004. Staff Recommendation: 1) Receive and file the report; and 2) Direct staff to forward a copy of this report to: Governor's Office of Planning and Research, State Department of Housing and Community Development, and County of Ventura Planning Division. Councilmember Mikos stated the agenda report should be amended to specify Council's previous authorization to file a General Plan Amendment for Comstock Homes to limit development to High Density. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to: 1) Receive and file the report, as amended to specify Council's previous authorization to file a General Plan Amendment for Comstock Homes to limit development to High Density; and 2) Direct staff to forward a copy of the amended report to: Governor's Office of Planning and Research, State Department of Housing and Community Development, and County of Ventura Planning Division. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 15 September 15, 2004 D. Consider Resolution Establishing Landscape Design Guidelines and Standards. Staff Recommendation: Adopt Resolution No. 2004 -2244. Councilmember Mikos stat paragraph of Attachment IV agenda report should be "Invasive" in the title, first sentence, and change not" in the first sentence. ed the title and first on stamped page 351 of the amended to keep the word keep "undesirable" in the `Hare generally not" to "are MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2004 -2244, as amended to correct the title of Attachment IV to read "Invasive Prohibited Plant List" and to amend the first paragraph to read "the following undesirable plant species are not be used in landscape plans within the City." The motion carried by unanimous voice vote. 11. ORDINANCES: A. Consider Ordinance No. 304, An Ordinance of the Cit of Moorpark, California, Amending Chapter 17.12 (Establishment of Zones, Boundaries, and Maps), Chapter 17.20 (Uses by Zone), and Chapter 17.44 (Entitlement - Process and Procedures) of the Moorpark Municipal Code Related to Entitlement Review Requirements for Certain Uses. Staff Recommendation: Declare Ordinance No. 304 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 304. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive further reading, declare Ordinance No. 304 read for the second time, and adopted as read. The motion carried by unanimous voice vote. 12. CLOSED SESSION: None was held. Minutes of the City Council Moorpark, California 13. ADJOURNMENT: Mayor Hunter adjourne 16, 2004. ATTEST: 01 419� S. Deborah S. Traffenste t City Clerk Paae 16 September 15, 2004 ?r