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HomeMy WebLinkAboutMIN 2004 0505 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California May 5, 2004 A Regular Meeting of the City Council of the City of Moorpark was held on May 5, 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 7:18 p.m. 2. PLEDGE OF ALLEGIANCE: Kenneth Gilbert, Public Works Director, 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 (arrived at 7:37 p.m.); Kenneth Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Cynthia Borchard, Administrative Services Director; Brad Miller, City Engineer; Captain Richard Diaz, Sheriff's Department; David Bobardt, Planning Manager; Mike Mathews, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation Acknowledging May 2004 as Veteran Appreciation Month. Mayor Hunter presented the Proclamation to former Councilmember and Marine Corps Veteran, John Wozniak. Mr. Wozniak accepted the proclamation on behalf of all veterans in the community; and invited all veterans in the audience to stand and be recognized. Minutes of the City Council Moorpark, California Page 2 Mav 5, 2004 B. Recognition of Paul Porter, Principal Planner, for 15 Years of Service to the city of Moorpark. Mayor Hunter presented Paul Porter with a Certificate of Recognition for his 15 years of service to the city of Moorpark. Mr. Porter thanked the Council and City staff for the opportunity to have worked on projects benefiting Moorpark. 5. PUBLIC COMMENT: Douglas Shoop, a Moorpark resident spoke on behalf of his band "One Last Dance ", which will be playing at the Apricot Festival. He requested the Council direct staff to develop a small portion of High Street where a raised stage with a grassy area could be constructed for bands to play and help create walk - through traffic on High Street. In response to Mayor Hunter, Mr. Shoop identified the piece of land on High Street to be across the street from the Secret Garden restaurant. Gerald Goldstein, a Moorpark resident, spoke about his service in the Army during the Korean conflict; and complained about enforced cleanup of his property. Councilmember Millhouse spoke in regard to Officer Guy Fadler, one of the finest deputies in the city of Moorpark and congratulated him on being recognized as Officer of the Year. Mayor Hunter requested the Council waive rules to hear Item 9.A. next on the agenda. CONSENSUS: It was the consensus of the Council to hear Item 9.A. next on the agenda. AT THIS POINT in the meeting, Item 9.A. was heard. 9. A. Consider Presentation by Girl Scout Troop 132 on "Stranger Danger" Christina Swing, Girl Scout Leader of Troop 132 gave a presentation on "Stranger Danger Fair ", an event Minutes of the City Council Moorpark, California Paqe 3 May 5, 2004 planned for Saturday, May 22nd at Arroyo Vista Park from 10 a.m. to 2:00 p.m. in memory of Meagan Barroso. Ms. Swing stated donations from this event will be going to the Sheriff's K -9 Division to fund the training of a replacement for the retiring K -9 which initially found Meagan Barroso. Girl Scouts Sarah Jones, Alison Swing, Natalie Shriner, Alissa Harkness, and Unjalee Auparelia each described an activity to be presented at the event designed to remind participants how to protect themselves and stay safe. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:39 p.m. The City Council meeting reconvened at 7:42 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Hunter requested Items 10.C., 10.D., and 10.G. be pulled from the Consent Calendar for individual consideration. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter announced the City of Moorpark is pleased to present the annual Moorpark Apricot Festival, May 7, 8, and 9 at the Arroyo Vista Community Park. The event features a carnival midway, craft show, and live entertainment. Mayor Hunter announced the 4th annual Battle of the Bands "Arroyopalooza" event will be held on May 7 on the opening night of the City's Apricot Festival. The event will feature live performances by ten local bands from 7:00 to 10:00 p.m. at the Arroyo Vista Community Park. Admission is free. Mayor Hunter announced will be held at the Friday, May 14 from 7; admission is $5. The grades sixth through required. the next Moorpark "After Dark" dance Arroyo Vista Recreation Center on 00 P.M. to 10:00 P.M. The price of monthly dance program is for teens, ninth and school identification is Mayor Hunter announced a free landfill day for Moorpark residents on Sunday, May 16, at the Simi Valley Landfill Minutes of the City Council Moorpark, California Page 4 May 5, 2004 and Recycling Center. Household waste only can be dumped or recycled without charge from 9:00 a.m. to 3:00 p.m. No appointment is necessary; however, proof of residency is required. Mayor Hunter announced everyone is invited to skate at the Arroyo Vista Skate Park on Thursdays and Fridays from 3:00 to 6:00 p.m. Safety equipment (helmet, elbow and knee pads) and a free Skate Park pass are required. Mayor Hunter announced the Moorpark Beach Bus will run Tuesdays and Thursdays, June 15 through August 31, providing two shuttle trips to the beach. The beach bus picks up at City Hall, Arroyo Vista Recreation Center, Peach Hill Park, and College View Park to travel to Zuma Beach. The cost is $1.00 each way, 50G for seniors and the disabled. Moorpark City Transit Summer Youth Bus passes are available for purchase at City Hall and at Arroyo Vista Recreation Center. 8. PUBLIC HEARING: A. Consider Resolution Approving Modification No. 1 to Residential Planned Development Permit No. 1998 -05, a Request to Modify a Block Wall to Allow a Tubular Steel View Fence Located at 14143, 14144, 14151, 14152, 14159 and 14160 Maya Circle (Tract 4977) , on the Application of Kevin Kleinrath, et al. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. 2004- Mr. Hogan gave the staff report. In response to Council questions, Mr. Hogan shared the chronology of the original RPD and stated tubular steel fencing was the original approving Council's decision; however, a block wall was installed; previous staff, at their own discretion and working with the developer, eliminated a proposed berm and allowed block wall to be installed; there are no records or change -notes in the case file regarding the elimination of the tubular steel fence and berm; and staff involved with this application are no longer working for the City. Minutes of the City Council Moorpark, California Page 5 May 5, 2004 In response to Mayor Hunter, Mr. Hogan stated the change to block wall should have come to Council as a Modification to the RPD; and the end result of this change is one extra foot of solid screening from the original approval of two feet of block wall with four feet of tubular steel. In response to Councilmember Harper, Mr. Hogan stated it is difficult to ascertain from Spring Road, but it appears one property owner has modified the original wall installation by taking off one course of block; and none of the residents have replaced the block with tubular steel since the original installation. In response to Councilmember Harper, Mr. Hogan stated he would research any requirement in the original conditions for landscaping or shrubbery to be planted and maintained against the wall; there is irrigation provided along the wall; however, it is difficult to get good plant growth in that area; and he will research which entity is responsible for maintaining any planting in that area. In response to Councilmember Mikos, Mayor Hunter stated he recalls, during the hearing for the original approval of this RPD, the discussion in regard to "view" was primarily in regard to the appropriateness of two -story homes in close proximity to the edge of the slope, as viewed from Spring Road. Mr. Hogan stated a maximum setback from the property line was imposed to allow only the roof line and chimney to be visible from Spring Road. In response to Councilmember Parvin, Mr. Hogan stated staff was able to meet with the property owner of Lot 40, but not Lot 60. Mayor Hunter opened the public hearing. Kevin Kleinrath, an applicant and Moorpark resident of an affected lot, requested a change to the staff recommendation to allow each resident to create their own timeline for replacing the fencing. He requested the tubular fencing be allowed to extend to the northwest line of Lot 40 where it intersects with Lot 60. Minutes of the City Council Moorpark, California Page 6 May 5, 2004 Brandy Lazar, a affected Lot 60, correcting staff's views from Lots 40, Moorpark resident provided exhibits exhibit for Lot 59, 59 and 60. and owner of to the Council, and introducing Jim Lazar, a Moorpark resident and owner of affected Lot 60, stated his is the only lot denied a view under staff's recommendation; the Homeowners' Association has approved his proposal to extend the modified fencing across the entire length of his back property; and he asked for an adjustment to staff's recommendation. In response to Councilmember Millhouse, Mr. Lazar stated the setback from his property line on the west is 20 -feet; in order to see into his neighbor's yard, he would have to walk up to the fence and look down; and while sitting in his one -story home, he cannot see into his neighbor's yard. Dan Wallman, a Moorpark resident stated he was present at Council meetings when the original Carlsberg Development proposed a compromise to protect views by allowing only the roofline of these homes to be visible from Spring Road; removing the three -foot berm was a mistake and either the developer forgot to put it in or left it out on purpose; this loss was mitigated by building a six -foot high block wall guaranteeing only the roof lines would be visible from Spring Road. Mr. Wallman further stated, it was a compromise to have homes on this hillside to begin with and if the wall is taken down, the windows must not be allowed to be visible, as lights will be visible at night; and landscape screening could easily be provided along the wall. He commented that lights are not visible from the two homes that have already removed one or two courses of block from the wall. In response to Councilmember Mikos, Mr. Wallman confirmed he lives across from these homes at such an elevation that he currently sees the lights in the evenings, but he is expressing concerns for those along Spring Road who are not currently affected at their lower elevation. Mark Ridgeway, a Moorpark resident of affected Lot 40, stated he purchased his property for the privacy it Minutes of the City Council Moorpark, California Page 7 May 5, 2004 afforded; and until he read the staff recommendation was opposed to any change. In response to Mayor Hunter, Mr. Ridgeway stated his lot is on a down -slope from Lot 60; and the City approved his request for a Variance to install tubular fencing along his rear yard, except for a 30 -foot portion, which is visible from Spring Road. In response to Mayor Hunter, Mr. Hogan stated Lot 60 is 30- to 40 -feet higher than Lot 40; and shrubbery in that location is not seen up against the wall due to the fuel modification zone. Warren Moe, a Moorpark resident stated the original Carlsberg approval included a berm, which would have eliminated even a view of the roofline of these homes; a couple of houses have dropped courses of blocks from the wall, but he cannot see lights in the evening from those locations; eliminating three rows of block would be reasonable, but not four rows, which would allow the lights from windows to bother him; and he does not know why vegetation has not grown in this area to disguise the block wall. John Herberger, a Moorpark resident of affected Lot 41, stated he originally voiced opposition to the removal of any block, but staff's proposal is a good compromise. In response to Councilmember Mikos, Mr. Herberger stated the residents purchased these homes with the existing block wall; and any changes create impacts and should not be allowed. In response to Mayor Hunter, Mr. Herberger stated there would be some impact to his Lot 41, if any changes are allowed. Robert Randall, a Moorpark resident living adjacent to Mr. Wallman, stated he is opposed to any change. Anthony O'Hagan, a Moorpark resident stated he is against the proposed modification even though he does sympathize with the applicants; only six residents would benefit from changes to the wall, while 25 properties below them will be adversely affected by loss of privacy; tubular steel would allow more noise to escape from these yards and nighttime illumination would become evident; and this wall was a condition of the original approval. Minutes of the City Council Moorpark, California Page 8 May 5, 2004 Mayor Hunter closed the public hearing. A discussion followed among the Council and staff focusing on the original approval for three -feet of berm, two -feet of block and four -feet of tubular steel for a total or nine -feet in height for the fencing; the removal of the berm and construction of a six -foot high block wall without Council approval; and the original approval providing for five -feet of opaque screening. In response to Councilmember Mikos, Mr. Kueny stated the proposed berm was not a requirement of contour grading, but was simply an attempt to protect the view of those homes on the west side of Spring Road. Councilmember Mikos stated the concerns expressed by the residents in regard to night- lighting seem legitimate and a condition should be added to prohibit halogen lighting or spot lights in backyards if this item moves forward. She further stated she would want to visit this site before making any decision. Councilmember Millhouse stated policy issues have been raised; the project was approved with certain conditions and residents below the project expected at least 5 feet of privacy; however they ended up with 6- feet of privacy; this is counter - balanced by the position of those who did not have a voice during the original approval, but purchased these homes knowing the 6 -foot block wall is present; Lot 40 has unique concerns; and he can understand Lot 60 not wanting just half of their fencing changed. Councilmember Harper stated this was a good development until the courts allowed 100 additional homes to be added to the plan. He continued by stating he visited some of the applicants' homes and this will be a balancing act between those who want a view out, but not in; Lot 60 can look down into Lot 40, but an effort to do so would require walking up to the wall to look down; sitting in the patio of Lot 60 you cannot see into Lot 40; Lot 40 was able to get a Variance to allow a view into the houses on Spring Road; and some homes have already modified their view by removing rows of block from the wall. He further stated he could allow the tubular steel, but would Minutes of the City Council Moorpark, California Paqe 9 May 5, 2004 require landscaping to cover the entire portion of block remaining; and requested staff contact the Ventura County Fire Protection District regarding the fuel modification requirements along the block wall and return to Council with an answer by the next City Council meeting. Councilmember Millhouse stated he would like to see a diagram showing the actual footprint of each house on its respective lot, along with exhibits showing a two - foot block wall with four -feet of tubular steel, and a block wall with two- courses of block removed. He also requested line -of -sight exhibits from Spring Road showing whether windows of affected homes would be visible. Councilmember Parvin stated she had originally considered purchasing one of these homes, but decided the block wall was too tall at 6 -feet; the idea of landscaping the block portion of the wall is good; and she would also like exhibits showing line -of -sight from Oakcliff Drive and exhibits showing different fencing options. She further stated she had watched this development during construction and a berm was never created. Mr. Hogan stated staff could return with the required exhibits for the June 2, 2004, meeting. Councilmember Mikos stated staff should also quantify the increase in noise if the block is changed to tubular steel; and concurred with the need to see exhibits depicting different wall options. Councilmember Millhouse stated, if approved, all of the properties should be required to change the walls at the same time to avoid a hodge -podge appearance. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to continue this item to June 2 2004, with public hearing closed; and directed staff to develop exhibits showing line -of -sight and footprint of homes for affected lots, and meet with Ventura County Fire Protection District regarding fuel abatement requirements adjacent to the block wall. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 10 May 5, 2004 AT THIS POINT in the meeting a recess was declared. The time was 8:55 p.m. The Council reconvened at 9:28 p.m. B. Consider General Plan Amendment Pre - Screening Application No. 2003 -04 to Create a New General Plan Land Use Designation: "Downtown Very High Density Residential" and Convert 2.65 Acres from "High to Very High Density Residential" to "Downtown Very High Density Residential" at the Northeast Corner of Moorpark Avenue and Everett Street on Behalf of John C. Chiu. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Direct staff to accept a General Plan Amendment application for the proposed project, provided a Downtown Specific Plan Amendment application, Zone Change application, Residential Planned Development Permit application, Tentative Tract Map application (if needed), and Development Agreement application are filed for concurrent processing. Mr. Hogan gave the staff report. In response to Councilmember Parvin, Mr. Hogan stated, for safety reasons, consideration is being given to the possibility of realigning Wicks Road to parallel Moorpark Avenue and join into Everett Street; eliminating the intersections of Wicks Road and Everett Street onto Moorpark Avenue, providing for much safer travel along Moorpark Avenue. Mayor Hunter opened the public hearing. John Newton, 165 High Street, Suite 103, Moorpark, representing John C. Chiu, L.P., stated this is an opportunity to make a contribution to the Downtown Specific Plan, to increase affordable housing stock, and the process would incorporate at the applicant's expense, a Circulation Element Study for the potential closing of Charles and Everett Streets at Walnut Canyon Road. Ms. Traffenstedt summarized one Written Statement from Joe Zept, a Moorpark resident, expressing concerns regarding the problems of increased traffic, trucks, and access to Moorpark schools along Moorpark Avenue at Everett Street. Minutes of the City Council Moorpark. California Paae 11 May 5, 2004 Mayor Hunter stated on the Affordable Committee, which application. he and Councilmember Mikos serve Housing /Community Development reviewed this pre- screening Councilmember Mikos stated if the Council decides to move forward with this, the application will have to run its course with the applicant submitting a proposal for a project, which will come before the Council for approval; and the Committee felt it was worth recommending to the Council to submit the application. Mayor Hunter explained the rules for proposing a General Plan Amendment and the need for Council's authorization before staff can receive an application. Mayor Hunter closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to direct staff to accept a General Plan Amendment application for the proposed project, provided a Downtown Specific Plan Amendment application, Zone Change application, Residential Planned Development Permit application, Tentative Tract Map application (if needed), and Development Agreement application are filed for concurrent processing. The motion carried by unanimous voice vote. C. Consider Resolution Adjusting Real Time Billing Rates, Updating the Schedule for Land Use Development Processing Fees, and Rescinding Resolution No. 99- 1659. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. 2004 -2186. Mr. Hogan gave the staff report. In response to Councilmember Parvin, Mr. Hogan stated most applicants who have already applied for projects will not be affected by the increase in landscape and lighting fees as this Resolution, if adopted at this meeting, will not become effective for 60 -days. In response to Councilmember Parvin, Mr. Kueny stated, waiving fees for historic parades, such as Country Minutes of the City Council Moorpark, California Page 12 Mav 5, 2004 Days can be addressed administratively; however, there are other instances when parades should be assessed fees so the City can recoup costs. Mayor Hunter stated staff will be relied upon to make considerations for the appropriateness of charging fees in these instances. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2004 -2186. The motion carried by unanimous voice vote. 9. PRESENTATION /ACTION /DISCUSSION: B. Consider Appointment of One City Representative to the Board of Commissioners of the Area Housing Authority (AHA) of the County of Ventura. (continued from April 21, 2004) Staff Recommendation: Appoint one City representative to fill the vacancy on the Board of Commissioners of the AHA for a term ending August 31, 2007. Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. The Mayor spoke about the very highly qualified applicants and stated his intent to nominate Jorgen Nielsen to fill the vacancy on the Board of Commissioners of the AHA for a term ending August 31, 2007. MOTION: Mayor Hunter moved to nominate and Councilmember Millhouse seconded the nomination of Jorgen Nielsen to fill the vacancy on the Board of Commissioners of the AHA for a term ending August 31, 2007. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 13 May 5, 2004 C. Consider Appointment of One City Representative to the Air Pollution Control District Advisory Committee. Staff Recommendation: Appoint one City representative to fill the vacancy on the Air Pollution Control District Advisory Committee for a term ending January 1, 2007. Ms. Traffenstedt gave the staff report. Councilmember Mikos commented that one candidate already serves on two boards, which is great; however, she would like to see someone new serve. Mayor Hunter concurred with Councilmember Mikos. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Mayor Hunter moved to nominate and Councilmember Parvin seconded the nomination of Michael Moore to fill the vacancy on the Air Pollution Control District Advisory Committee for a term ending January 1, 2007. The motion carried by unanimous voice vote. D. Consider Approval of Payment -in- Lieu -of -Taxes (Pilot) Agreement for Vintage Crest Senior Apartment, L.P., (GPA 2002 -01, ZC 2002 -01, RPD 2002 -02). Staff Recommendation: Approve the Agreement between the City of Moorpark and Vintage Crest Senior Apartments, L.P.; authorize the City Manager to execute said Agreement, subject to final language approval by the City Manager and City Attorney; and direct the City Clerk to record the document. Mr. Riley gave the staff report. In response to Councilmember Mikos, Mr. Riley stated the Development Agreement includes a provision for the $20,000 in fees with an annual increase; the first payment will probably be made in June 2004, when the Agreement is executed, then for fiscal reasons, subsequent payments will begin in March 2005; and he expects to bring the Affordable Housing Plan and Agreements to Council for approval at the next meeting. Minutes of the City Council Moorpark, California Page 14 May 5, 2004 In response to Councilmember Mikos, Mr. Hogan stated occupancy should begin in June 2004. In response to Councilmember Mikos, Mr. Kueny stated, an example of when Vintage Crest would pay the difference to the City for any increase in property taxes would be if the property is no longer covered by the applicable provision for exemption and is returned to the tax roles based upon the valuation at that time; and the City would be protected, since this was part of the consideration in approving the Development Agreement. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to approve the Agreement between the City of Moorpark and Vintage Crest Senior Apartments, L.P.; to authorize the City Manager to execute said Agreement, subject to final language approval by the City Manager and City Attorney; and to direct the City Clerk to record the document. The motion carried by unanimous voice vote. E. Consider Scheduling of the Summer Meeting Recess. Staff Recommendation: Direct staff to post a notice of meeting cancellation for the selected summer recess date(s). Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. A discussion followed among the Councilmembers regarding the dates any would be on vacation and when Moorpark schools begin their new school year. CONSENSUS: It was the consensus of the Council to direct staff to post a notice to cancel the August 4 and August 18, 2004, meetings. F. Consider Letter of Support to U.S. Fish and Wildlife Service for a Critical Habitat Designation in Ventura County for California Gnatcatcher. Staff Recommendation: Direct staff as deemed appropriate. Minutes of the City Council Moorpark, California Page 15 May 5, 2004 Councilmember Mikos asked that this item be placed on the agenda to request the City formalize its support for this habitat designation, especially for Unit 13 Ventura County /Western Los Angeles area, by sending a letter to the U.S. Fish and Wildlife Service. She stated this will send a message to the Moorpark population that the Council cares about preserving this species. Councilmember Millhouse stated the U.S. Fish and Wildlife Service is asking for specific comments and sending a letter of support is acting outside of the City's jurisdiction. Councilmember Harper stated a letter of support puts the Council on record for being sensitive to the protection of endangered species. In response to Mayor Hunter, Ms. Traffenstedt stated there are two Written Statement cards from Linda Shishino -Cruz and Janet Murphy indicating support for sending the letter of support. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to send a letter of support to U. S. Fish and Wildlife Service for a Critical Habitat Designation in Ventura County for the California Gnatcatcher. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of Items 10.C., 10.D. and 10.G., which were pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Special Joint meeting of the City Council and Planning Commission of March 24, 2004. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - Mav 5, 2004. Manual Warrants 115926 - 115927 $ 7,889.56 Minutes of the City Council Moorpark, California Page 16 May 5, 2004 Voided Warrant 113321 & 113919 & $ (350.00) 114013 & 115531 & $ (198.70) 115960 & 115961 $ (4,300.00) Payroll Liability 115921 - 115925 $ 2,645.28 Warrants Regular Warrants 115928 - 116043 & $ 72,574.95 116044 - 116047 & $ 4,300.00 116048 - 116066 $ 327,985.26 Staff Recommendation: Approve the warrant register. E. Consider Approval of Plans and Specifications and Authorization to Advertise for Receipt of Bids for the Spring Road Parkway Tree Replacement Project. Staff Recommendation: Approve the Plans and Specifications for Spring Road Tree Replacement Project and authorize staff to advertise for receipt of bids for said project. F. Consider Rejection of Claims: Vickie Bowers, C.J. Shere, Jamie Shere, and Paulette Shere. Staff Recommendation: Reject the claims and direct staff to send a standard rejection letter to the claimants. H. Consider Resolution Approving the Engineer's Report for Assessment District AD04 -01 (Colmer - Tract 5307). Staff Recommendation: Adopt Resolution No. 2004 -2188, approving the Engineer's Report for AD04 -01 and setting June 2, 2004, as the date of a public hearing to consider the levy of the assessments provided for in said Engineer's Report. I. Consider Resolution Approving the Engineer's Report for the Landscaping and Lighting Maintenance Assessment Districts for Fiscal Year 2004/2005. Staff Recommendation: Adopt Resolution No. 2004 -2189, approving the Engineer's Report and setting June 2, 2004, as the date of a public hearing to consider the levy of assessments for FY 2004/05. J. Consider Award of Agreements to Provide Bus Excursion and Charter Transportation Services. Staff Recommendation: Authorize the Mayor to execute the Agreements with Durham School Services and CUSA, LLC, Minutes of the City Council Moorpark, California Page 17 Mav 5, 2004 dba Antelope Valley Bus, to provide bus services as outlined in the agenda report and at the per hour costs identified in the contractor's respective proposal, subject to final language approval by the City Manager and City Attorney. K. Consider Resolution Authorizing Submittal of a Three Year (2004 -2007) Used Oil Recycling Block Grant Application to the California Integrated Waste Management Board. Staff Recommendation: Adopt Resolution No. 2004 -2190. The following items were pulled for individual consideration. C. Consider Agreement with the California Department of Transportation (Caltrans) for the Maintenance of State Highways in the City of Moorpark. Staff Recommendation: Authorize the Mayor to send a letter to Caltrans giving thirty (30) days notice of cancellation of the "Agreement for Maintenance of State Highways in the City ", pursuant to Section J of said agreement. In response to Mayor Hunter, Mr. Mathews stated Caltrans is required to sweep the State Highways per the NPDES permit requirement; and staff will be closely monitoring this to assure the streets are swept at regular intervals. In response to Councilmember Mikos, Mr. Mathews stated the cities of Santa Paula and Fillmore are examples where Caltrans continues to sweep State Highways on a regular basis without an Agreement; if Caltrans failed to continue this service, the City could get an encroachment permit to sweep the highways or renegotiate an Agreement with Caltrans; without an Agreement the City cannot charge Caltrans for the City performing the work; and Caltrans is liable under their NPDES permit if an incident occurs due to the lack of sweeping. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to authorize the Mayor to send a letter to Caltrans giving thirty (30) days notice of cancellation of the "Agreement for Maintenance of State Highways in the City ", pursuant to Section J of said agreement. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 18 May 5, 2004 D. Consider New Los Angeles Avenue Utility Undergrounding Project. Staff Recommendation: Approve the New Los Angeles Avenue Utility Undergrounding Project. Mayor Hunter stated he pulled this item to ensure the property owners concur with the use of these funds and that the balance of funds not used for this project will be returned to the property owners. Mr. Miller stated staff has been in contact with the representative of the property owners and the indication is they concur with this project; and the balance of the money remaining after completion of the project will be reimbursed to these property owners. In response to Councilmember Mikos, Mr. Kueny stated in discussions with the owners' representative the agreement was for the balance to be returned to them for either eligible work not yet performed or eligible work that was performed, but was outside of the prior reimbursement. In response to Councilmember Millhouse, Mr. Gilbert stated the properties assessed by the Community Facilities District (CFD) for undergrounding were just the commercial properties and the intent was to fund the improvements around those commercial properties. Councilmember Millhouse's stated a higher priority for undergrounding should be in the Carlsberg Specific Plan area from the freeway at Tierra Rejada Road to Spring Road as this is an entryway to the City. Mr. Kueny suggested this item be taken off calendar to return on June 2, 2004, with more precise information on where the undergrounding may occur. CONSENSUS: It was the consensus of the Council to take this item off calendar to return on June 2, 2004. G. Consider Awarding a Contract for the Civic Center Driveway Modification Project (Project 8053) and the Adoption of Resolution Amending Fiscal Year 2003/04 Budget to Fully Fund the Project. Staff Recommendation: 1) Approve the award of a construction contract to Lee Construction Company for Minutes of the City Council Moorpark, California Page 19 May 5, 2004 the construction of the subject project; and 2) Adopt Resolution No. 2004 -2187, amending the FY 2003/04 Budget for this project. ROLL CALL VOTE REQUIRED In response to Mayor proposed the alignment allow a lane dedicated move the through -lane turn lane, Mr. Gilbert and the project could dedicated right -turn Hunter's suggestion that the of the driveway be changed to to right -turn only egress and to be combined with the left - stated it was a good suggestion be changed to accommodate the only. In response to Councilmember Mikos, Mr. Kueny stated this same item on the Redevelopment Agency agenda was a funding issue only and would not be affected by this change. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to: 1) Approve the award of a construction contract to Lee Construction Company for the construction of the subject project, as amended to allow for a dedicated right -turn lane, and a combination left - turn /through -lane; and 2) Adopt Resolution No. 2004 -2187, amending the FY 2003/04 Budget for this project. The motion carried by unanimous roll call vote. 11. ORDINANCES: A. Consider Ordinance No. 301, an Ordinance of the City of Moorpark, California, Amending Section 2.12.120 of Chapter 2.12 (City Manager) of the Municipal Code Providing Authority to Sign Written Contracts. Staff Recommendation: Declare Ordinance No. 301 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 301. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to waive further reading, declare Ordinance No. 301 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 Page 20 May 5, 2004 13. ADJOURNMENT: Mayor Hunter adjourned the ATTEST: Deborah S. Traff- !d City Clerk