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HomeMy WebLinkAboutMIN 2004 0707 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California July 7, 2004 A Regular Meeting of the City Council of the City of Moorpark was held on July 7, 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 7:13 p.m. 2. PLEDGE OF ALLEGIANCE: Joseph Montes, City Attorney, 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; 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; Scott Wolfe, Principal Planner; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation Declaring the Month of July as "Parks and Recreation Month ". Mayor Hunter presented Mary Lindley, Community Services Director, with a Proclamation declaring the month of July as "Parks and Recreation Month ". Ms. Lindley stated the City has 15 parks, one of which was recently expanded, one of which will be undergoing an expansion in the near future, and a 16th park which will be named this evening. She also stated the City Minutes of the City Council Moorpark, California Paqe 2 July 7, 2004 has a dedicated and hard working staff who support a very active recreation program serving the very young on up to active adults. 5. PUBLIC COMMENT: Cynthia Hollister, a Moorpark resident, spoke regarding the recent Grand Jury report, reminding the Council of her suggestion from the meeting of June 16, 2004, to form a committee to discuss the issue. Tom McKenzie, a Moorpark resident, representing the Knights of Columbus Council 9969, announced a barbeque to take place at Peach Hill Park on July 25th; and asked Council if they could waive the fee for the use of the facility, as they are a non - profit organization. Mayor Hunter explained Council cannot legally take any action during Public Comments. He suggested Mr. McKenzie write a letter to staff to have this placed on the July 21st agenda for Council consideration. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor requested Item 10.J. be pulled from the Consent Calendar to be heard prior to Public Hearings. CONSENSUS: It was the consensus of the Council to hear Item 10.J. prior to Public Hearings. Staff requested Items 10.F., 10.Q., 10.R. and 10.T. be pulled from the Consent Calendar. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Millhouse welcomed a new resident of the City watching the meeting from home. AT THIS POINT in the meeting Item 10.J. was heard. 10. J. Consider Request from Roam'n Relics Car Club to Hold Car Show on October 24, 2004, from 8:00 a.m. to 3:00 p.m. on High Street and Pay Reduced City Fees for the Event. Staff Recommendation: 1) Waive fee for use of Redevelopment Agency property, charge Club the contract billing rate for police services charged by the County of Ventura, and charge Club the direct cost Minutes of the City Council Moorpark, California Page 3 July 7, 2004 of other staff to plan the event; 2) Require Club to pay an encroachment permit fee ($100) and a temporary special 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 insureds in the Club's insurance policy. Mr. Kueny deferred 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: 1) Waive the fee for use of Redevelopment Agency property, charge the Club the contract billing rate for police services charged by the County of Ventura, and charge the Club the direct cost of other staff to plan the event; 2) Require the Club to pay an encroachment permit fee ($100) and a temporary special use permit fee ($88); and 3) Require the Club to provide the City and Agency with an indemnification agreement and name the City and Agency as additional insureds in the Club's insurance policy. The motion carried by unanimous voice vote. 8. PUBLIC HEARING: A. Consider Resolution Amending Specific Plan No. 95 -02; Zoning Ordinance Amendment No. 2002 -02, a Request to Amend Chapter 17.74 of the Moorpark Municipal Code Relating to the Development Standards of Specific Plan No. 95 -02; and Resolution Approving Residential Planned Development Nos. 2002 -03, -04, and -05, for Construction of a Total of 318 Single- Family Detached Residential Units within Specific Plan No. 95 -02, Located Approximately One -Half Mile North of the Northerly Terminus of Spring Road and Three - Fourths of One Mile East of Walnut Canyon Road on the Application of Pardee Homes. (continued open public hearing from June 2, 2004) Staff Recommendation: 1) Take public testimony, and close the public hearing; 2) Adopt Resolution No. 2004 -2212, approving an Amendment to Specific Plan No. 95 -02; 3) Introduce Ordinance No. 302, for first reading to approve Zoning Ordinance Amendment No. 2002 -02, and schedule second reading and adoption for July 21, 2004; and 4) Adopt Resolution Minutes of the City Council Moorpark, California Paqe 4 Julv 7, 2004 No. 2004 -2213, approving Residential Planned Development Permit Nos. 2002 -03, 2002 -04, and 2002 -05, subject to Conditions of Approval. Mr. Hogan gave the staff report. In response to Mayor Hunter, Mr. Hogan stated the standard setback is 20 -feet; the change proposed for the front yard setback allows a 15 -foot setback for the living quarters when they are located closer to the street than the garage door; the garage is not being moved closer to the street; these homes are being restricted to single- story; and from the curb face to the 15 -foot setback is an additional 10 -feet. Mayor Hunter stated this is a continued public hearing. In response to Councilmember Parvin, Jim Bizzelle, 26650 The Old Road, Valencia, California, stated the air conditioning units are usually located along a "dead wall ", which is usually not near the patio; there are various materials that could be used to attenuate the air conditioning sound; newer air conditioning units generate substantially less noise; and they will take this concern into consideration. He stated he is available to answer any additional questions regarding the Residential Planned Development. Mayor Hunter closed the public hearing. Councilmember Millhouse stated staff has taken into consideration the issues raised at the last meeting; even though the Council would like to see the largest lots with the widest setbacks possible, economic realities have to be considered; this project is approved for this area; and in return the City is getting open space, parkways and trails. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to adopt Resolution No. 2004 -2212, approving an Amendment to Specific Plan No. 95 -02. Mayor Hunter stated there is a need to maintain previously adopted and established setback standards. He expressed concerns regarding smaller front yard Minutes of the City Council Moorpark, California Page 5 July 7, 2004 setbacks, as the closer the units are moved to the street, the more prominent they become, regardless of any off - setting benefits. In response to Councilmember Mikos, Mr. Kueny stated the benefits mentioned by Councilmember Millhouse, which have been added since the original proposal, are an increase of open space to the habitat area and a reduction to the number of units guaranteed under the Development Agreement. In response to Councilmember Mikos and Mayor Hunter, Mr. Hogan stated 21 units in Planning Area 1 have the 15 -foot front yard setback; and a similar approach was used with the larger lots in the Serenada and Fiesta Tracts, which have only curb and sidewalk, while this development has curb, parkway and then a sidewalk in addition to the 15 -foot front yard setback. The motion carried by voice vote 3 -2, with Councilmember Mikos and Mayor Hunter dissenting. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2004 -2213, approving Residential Planned Development Permit Nos. 2002- 03, 2002 -04, and 2002 -05, subject to conditions of approval. The motion carried by unanimous voice vote. Mr. Montes read the title of Ordinance No. 302. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive further reading and introduce Ordinance No. 302, for first reading; and schedule second reading and adoption for July 21, 2004. The motion carried by voice vote 4 -1, with Councilmember Mikos dissenting. Councilmember Harper stated many are concerned with the trend for larger homes on smaller lots with zero lot lines; and Council may want to revisit this issue as a future agenda item after consideration by the Planning Commission. Mayor Hunter requested staff consider a Resolution for the July 21st agenda requesting the Planning Commission study this issue. Minutes of the City Council Moorpark, California Page 6 Julv 7, 2004 B. Consider Zoning Ordinance Amendment No. 2004 -04: An Amendment to 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: 1) Open the public hearing, take public testimony, and close the public hearing; and 2) Introduce Ordinance No. for first reading, approving Zoning Ordinance Amendment No. 2004 -04, and schedule second reading and adoption for July 21, 2004. Mr. Bobardt recommended continuing this item to July 21, 2004. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mayor Hunter suggested since there were no speakers, the staff presentation should be deferred to July 21, 2004. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to continue this item with public hearing open to July 21, 2004. The motion carried by unanimous voice vote. 9. PRESENTATION /ACTION /DISCUSSION: W Consider Standards Resolution Establishing Landscape Design and Guidelines. (continued from June 2, 2004) Staff Recommendation: Adopt Resolution No. 2004- Mr. Hogan gave the staff report. In response to Councilmember Mikos, Mr. Kueny stated there should be three entries showing the formulas for planting, one for front yard trees (whether public or privately owned), one for parkway trees and one for curbside trees. In response to Councilmember Mikos, Mr. Hogan stated the document is intended for use by professional Minutes of the City Council Moorpark, California Page 7 July 7, 2004 landscape architects working with developers; and reference can be made available on the City's website for homeowners to refer to this document as a source of information. Councilmember Mikos stated she was surprised the various recommended plant lists did not show certain common native plants such as the California Walnut; and a number of local plants species are also not on the list, such as the Scrub Oak, Mountain Mahogany, and the California Buckwheat. She asked if there could be some leeway to allow additional comments to the document even after it is approved. Councilmember Mikos stated she has a problem with species listed on the Invasive and Prohibited Plant List also being included on the Recommended Street Tree List. Councilmember Millhouse stated this is a recommended list; the City reserves the right to approve or reject the list; Council could move forward with the standards and guidelines; and Councilmember Mikos could bring back a list of plants to be added or deleted from the tree list at a future time. Jeremy Laurentowski, consultant from Professional Design Inc., 250 Shasta Avenue, Moorpark, stated the list was derived from Ventura County Guidelines, which the City generally adopted as a standard. In response to Councilmember Mikos' concern that the message sent is one that invasive street trees are appropriate, Mr. Laurentowski stated there are isolated instances where certain plants are useful; and trees appropriate for the front yards of private homes are addressed on page 53 of the document. In response to Councilmember Harper, Mr. Laurentowski stated he would look at the Ventura County list to see if the highly invasive Chinese Flame tree is included. In response to Councilmember Parvin's concern that developers be considerate of homes higher up on hillsides and the planting of trees in adjacent yards, which when fully grown will obscure views, Mr. Laurentowski stated the intent of the diagram on page 175 in conjunction with page 176 is to show planting of trees to preserve view on slopes. Minutes of the City Council Moorpark, California Page 8 July 7, 2004 Mr. Hogan stated a the consultant to planted on slopes. note can be added to these pages by identify species of trees to be Councilmember Millhouse stated both Councilmembers Mikos and Parvin have raised good points, but these are guidelines; the developer's plans will be studied by staff and the landscape architect to identify any inappropriate species and locations for planting of trees. In response to Councilmember Mikos, Mr. Hogan recommended approving the guidelines now and bringing back another tree list for approval as a Consent item. Mr. Kueny stated that method would require creation of an additional resolution and it would be better to bring the entire item back as a Consent item after staff has amended the list per Council comments. In response to Councilmember Harper, Mr. Montes stated adopting a resolution now, with a provision to allow the Community Development Director to modify the list later, would undermine the intent of the guidelines by deferring the decision on the trees. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to revise the tree list and bring the resolution back for adoption on Consent. The motion carried by unanimous voice vote. CONSENSUS: It was the consensus of the Council to exclude invasive plant species from the accepted tree list. AT THIS POINT in the meeting, Mr. Kueny requested Item 9.B. be heard last under Presentation /Action /Discussion. CONSENSUS: It was the consensus of the Council to hear Item 9.B. last under Presentation /Action /Discussion. C. Consider Appointment of Ventura County Area Agency on Aging Representative and Alternate Representative. Staff Recommendation: Ratify the election results from June 21, 2004, and appoint Anthony Bellasalma as the City's representative to VCAAA and appoint Floyd Rhoades as the alternate, both to serve a two -year Minutes of the City Council Moorpark, California Paqe 9 July 7, 2004 term from July 1, 2004 through June 30, 2006; and authorize the City Clerk to send a certification letter on behalf of the City Council to the Director of the Ventura County Area Agency on Aging. Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to ratify the election results from June 21, 2004, and appoint Anthony Bellasalma as the City's representative to VCAAA and appoint Floyd Rhoades as the alternate, both to serve a two -year term from July 1, 2004 through June 30, 2006; and authorize the City Clerk to send a certification letter on behalf of the City Council to the Director of the Ventura County Area Agency on Aging. The motion carried by unanimous voice vote. D. Consider Action to Chanue the Name of the Los Angeles Avenue Located East of Collins Drive. Staff Recommendation: Direct staff to schedule a public meeting to consider changing the name for the subject street segment to Arroyo Drive. Mr. Gilbert gave the staff report. In response to Councilmember Mikos, Mr. Gilbert stated the Transportation and Streets Committee did not know the fire department objected to the selected name; in his opinion the street name duplication is not a problem since the other streets are in the City of Thousand Oaks; and the only difficulty in renaming New Los Angeles Avenue to Los Angeles Avenue would be the effect on businesses and residents. In response to Councilmember Parvin, Captain Diaz stated the Moorpark Police Department uses a geo -based system, which would print out the street location; the Thomas Brothers Guide is also used for street location; and the fire department uses a similar approach. Mayor Hunter stated he did not have discomfort changing the name, as it will help clear up the confusion over duplication of Los Angeles Avenue. Minutes of the City Council Moorpark, California Page 10 July 7, 2004 In response to Mayor Hunter, Mr. Gilbert stated code does not require a public hearing; a letter would be sent to businesses, residents and homeowner associations for distribution to all members, all public agencies, and response agencies; and a resolution could be scheduled for adoption in September as a Presentation /Action /Discussion item. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to direct staff to schedule a public meeting to consider changing the name for the subject street segment to Arroyo Drive. The motion carried by unanimous voice vote. E. Consider an Ordinance Amending Chapter 5.06 of the Moorpark Municipal Code Regulating Cable Television Systems. Staff Recommendation: Introduce Ordinance No. for first reading. Mr. Riley requested this item be continued to the July 21st agenda. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to continue this item to July 21, 2004. The motion carried by unanimous voice vote. F. Consider Approval of an Implementation Plan for the Improvements of Vesting Tentative Tract No. 5187 (William Lyon Homes). Staff Recommendation: Approve the implementation plan for improvements to Vesting Tentative Tract No. 5187, subject to final language revisions by the City Manager and City Attorney. Mr. Hogan gave the staff report In response to Councilmember Mikos, Mr. Hogan stated this cannot be assigned to more than one entity since this uses the concept of a master builder; and Tract 5405 is not part of this action, since only Vesting Minutes of the City Council Moorpark, California Page 11 July 7, 2004 Tentative Tract No. 5187 is subject to the Development Agreement. Mr. Kueny stated it would not hurt to add Tract 5405. MOTION: Councilmember Harper moved Parvin seconded a motion to approve the for improvements to Vesting Tentative amended to add Tract 5405, subject revisions by the City Manager and C motion carried by unanimous voice vote. and Councilmember implementation plan Tract No. 5187, as to final language ity Attorney. The G. Consider Report of Annual Review and Request for Amendment of Development Agreement Established in Connection with a 35 Acre, Detached Single Family Residential Unit Project Located on the South Side of Los Angeles Avenue, West of Leta Yancy Road (Formerly Liberty Bell Road) (Tract 5053, Pacific Communities) Staff Recommendation: 1) Accept the Community Development Director's Report and recommendation that, on the basis of substantial evidence, Pacific Communities has complied in good faith with the terms and conditions of the agreement; 2) Deem the annual review process complete; and 3) Direct staff to meet with Pacific Communities concerning potential language changes and to set a public hearing for the Planning Commission to consider the draft First Amendment to Development Agreement and provide a recommendation to the City Council. Mr. Hogan gave the staff report. David Chambers, representing Pacific Communities, 1000 Dove Street, Suite 100, Newport Beach, California, stated he is available for questions and concurs with staff's recommendations. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to: 1) Accept the Community Development Director's Report and recommendation that, on the basis of substantial evidence, Pacific Communities has complied in good faith with the terms and conditions of the agreement; 2) Deem the annual review process complete; and 3) Direct staff to meet with Pacific Communities concerning potential language changes and to set a public hearing for the Planning Commission to consider the draft First Amendment to Development Agreement and provide a Minutes of the City Council Moorpark, California Page 12 Julv 7, 2004 recommendation to the City Council. The motion carried by unanimous voice vote. H. Consider Reinstating an Agreement Between the City and Caltrans Pertaining to City Maintenance of State Highways within the City. Staff Recommendation: 1) Authorize the Mayor to send a letter to Caltrans approving the reinstatement of the 1985 Agreement effective August 1, 2004, said letter to include the clarifying and qualifying language set forth in the agenda report; 2) Direct staff to re- establish negotiations with Caltrans for the purpose of developing a new mutually acceptable Agreement related to the City maintenance of State Highways, with terms and conditions consistent with the requirements set forth in the Mayor's letter and with final language to be approved by the City Attorney and City Manager; and 3) Authorize the Mayor to sign said Agreement if and when successful negotiations have been completed. Mr. Gilbert gave the staff report. In response to Council questions, Mr. Gilbert stated the alternative would be to let Caltrans sweep their own streets; and the Agreement has not been presented for review. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Councilmember Millhouse offered to work with the Caltrans bureaucracy. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to: 1) Authorize the Mayor to send a letter to Caltrans approving the reinstatement of the 1985 Agreement effective August 1, 2004, said letter to include the clarifying and qualifying language set forth in the agenda report; 2) Direct staff to re- establish negotiations with Caltrans for the purpose of developing a new mutually acceptable agreement related to the City maintenance of state highways, with terms and conditions consistent with the requirements set forth in the Mayor's letter and with final language to be approved by the City Attorney and City Manager; and 3) Authorize the Mayor to sign said Agreement, if and when successful negotiations have been completed. The motion carried by unanimous voice Minutes of the City Council Moorpark, California Page 13 I. Consider a Name of Magnolia and Approve the name for the Undevelop Charles Streets. of Magnolia Park. Ms. Lindley gave the staff report. Julv 7, 2004 ed Park on the Corner Staff Recommendation: In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to approve the name of Magnolia Park. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, Item 9.B. was heard. 9. B. Consider Mission Statement, Priorities, Goals and Objectives for Fiscal Year 2004/2005. (continued from June 16, 2004) Staff Recommendation: Consider the priorities, goals and objectives. (Staff: Steven Kueny) Mr. Kueny gave the staff report. In response to Councilmember Harper's request that the landscaping project along Highway 118 through the City be considered at the same time as the potential pedestrian over - crossing, Mr. Kueny stated the over - crossing is listed as a separate Item 20. on stamped pg. 181 of the Potential List, since it will be pursued separately; a raised median would be needed to support a pedestrian over - crossing; however, it could be moved into the other list. Councilmember Harper stated it is reasonable to include the over - crossing in the design process with the median landscaping project, since the two projects will affect each other. CONSENSUS: It was the consensus of the Council to include the pedestrian over - crossing at the same time as the landscaping project along Highway 118 through the City. In response to Councilmember Millhouse's request to move the bypass for gravel trucks to the Top 10 Priority list to possibly replace No. 5, which is going to take 10 years, Mr. Kueny stated it is listed Minutes of the City Council Moorpark, California Page 14 July 7, 2004 as No. 15 under Departmental Goal and Objective C., since the first step is the preparation of the environmental document; and he suggested modifying the language of Top 10 Priority No. 6. on stamped page 184 to reference that portion of the roadway. CONSENSUS: It was the consensus of Council to add language to Top Ten Priority No. 6. to include the development of an alternate route for north /south bound truck traffic through the city of Moorpark. In response to Councilmember Millhouse's concern that staff is spread too thin to consider 29 Potential Objectives, Mr. Kueny stated these are items staff does not work on actively; however, the list provides the Council items for their consideration. A discussion followed among the Councilmembers to determine which of the Objectives should remain. Councilmember Mikos stated No. 1 should be moved to the general list and considered in a formal survey with tracking of complaints. Councilmember Harper stated No. 4. should be added to the Goals and Objectives as a potential source of revenue with staff looking at it as a franchise fee; and No. 7. should remain, as the community has matured enough to install winter holiday decorations. In response to Mayor Hunter, Mr. Kueny stated No. 7. has not been included in the budget. CONSENSUS: It was the consensus of the Council to remove Potential Objectives Nos. 10. and 11., move Nos., 12. and 25. to the Parks and Recreation Commission; relocate No. 20. to the Departmental Goals and Objectives list; and retain the remaining Potential Objectives. Councilmember Parvin stated the installation of a stop sign for Los Angeles Avenue at Arroyo Drive entrance should be agendized for consideration by the Transportation and Streets Committee. In response to Mayor Hunter, Mr. Kueny stated the verbiage, "future utilization and focus" used on stamped page 192 for No. 14. represents the concern Minutes of the City Council Moorpark, California Paae 15 July 7, 2004 expressed two years ago in regard to the rising costs of the Sheriff's contract; and if Council so desires, this could be referred to the Budget and Finance Committee to monitor and make a recommendation. Councilmember Harper stated the expense involved for police activities is over half of the budget and recommended keeping No. 14. as is; however, the sentence should be truncated by putting a period after the word "resources ". CONSENSUS: It was the consensus of the Council to modify the sentence for No. 14. to end after the word "resources ". In response to Councilmember Parvin, Mr. Kueny and Mr. Montes stated a Volunteer Section listing charitable or non - profit organizations should not be included on the City's new webpage since, if these organizations are allowed, there would be no provision for excluding any other entities from posting to the webpage. Councilmember Mikos requested staff include accessibility for the disabled in the next webpage upgrade. In response to Councilmember Parvin, Mr. Hogan stated in regard to No. 12. on stamped page 195, staff has met with the Ventura County Fire Protection District to modify the distance for fuel modification zones; there is a problem with maintenance of the existing areas such as those in the Carlsberg development; and for new developments, the buffer zones will be included in the Homeowners Association's maintenance obligations and not the responsibility of the individual property owner. Councilmember Parvin stated in regard to stamped page 191, Goal F., she would like to see a schedule comparing Plan and Inspection Deposits to total fees collected. She would also like consideration of the efficiency of hiring a person to conduct all Plan Checks rather than outsourcing the work. In response to Councilmember Mikos, Mr. Gilbert stated the City is in negotiations with a right -of -way agent to formalize a contract for offers to various owners Minutes of the City Council Moorpark, California Page 16 July 7, 2004 along east Los Angeles Avenue to implement widening in that location. In response to Mayor Hunter, Mr. Gilbert stated the current cost estimate at build -out is $4 -5 million. In response to Mayor Hunter Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to adopt the Mission Statement, Priorities, Goals and Objectives for Fiscal Year 2004/2005, as amended. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: Councilmember Mikos requested Item 10.I. be pulled for individual consideration. Councilmember Millhouse requested Item 10.C. be pulled for individual consideration. Mayor Hunter stated the Council had previously agreed to pull Items 10.F., 10.Q., 10.R., and 10.T., and Item 10.J. was heard earlier in the meeting. MOTION: Councilmember Parvin seconded a motion to approve exception of Items 10.C., 10.F. 10.T., which were pulled for 10.J. was heard earlier in the unanimous roll call vote. moved and Councilmember Harper the Consent Calendar with the 10.I., 10.J., 10.Q., 10.R., and individual consideration. Item meeting. The motion carried by A. Consider Approval of Minutes of Regular Meeting of Ma 5, 2004. Consider Approval of Minutes of Special Meeting of May 26, 2004. Consider Approval of Minutes of Special Meeting of June 2, 2004. Consider Approval of Minutes of Special Meeting of June 9, 2004. Consider Approval of Minutes of Special Meeting of June 16, 2004. I Minutes of the City Council Moorpark, California Paae 17 Staff Recommendation: Approve the minutes. Julv 7, 2004 B. Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - July 7, 2004. Manual Warrants Voided Warrant Payroll Liability Warrants 116439 - 116440 & $ 33,004.88 116433 $ 15,913.75 114373 & 114540 & 114647 & 116009 & 116466 - 116467 116434 - 116438 $ (5,420.63) $ 2,645.28 Regular Warrants 116442 - 116616 $2,447,464.60 Staff Recommendation: Approve the warrant register. D. Consider Resolution Determining and Levying the Special Tax in Community Facilities District (CFD) No. 97 -1 for Fiscal Year 2004/05. Staff Recommendation: Adopt Resolution No. 2004 -2214 to levy the special taxes in CFD 97 -1 for the 2004/05 fiscal year, as shown in the agenda report. E. Consider Resolution Determining and Levying the Special Assessment for Assessment District (CFD) No. 92 -1 for Fiscal Year 2004/05. Staff Recommendation: Adopt Resolution No. 2004 -2215 to levy the special assessments for parcels in AD 92 -1 for the 2004/05 fiscal year, as shown in the agenda report. G. Consider Personal Care Attendants on Moorpark Cit Transit Fixed Route. Staff Recommendation: Establish a policy that allows Personal Care Attendants (PCAs) accompanying an ADA qualified rider on Moorpark City Transit fixed route, to ride the bus at no charge. H. Consider Amendment to Agreement for Services with the Moorpark Chamber of Commerce. Staff Recommendation: Approve Amendment to the Agreement for Services with the Moorpark Chamber of Commerce subject to final language approval by the City Manager and City Attorney. Minutes of the City Council Moorpark, California Page 18 July 7, 2004 K. Consider Bond Reduction for Tract 4980 (Western Pacific). Staff Recommendation: 1) Authorize the City Clerk to reduce sureties #SD00100545, #SD00100546, and #SD00100543 to 100; and 2) Authorize the City Clerk to fully exonerate sureties for Tract 4980 one year after this approval of the reduction of surety bond and upon written confirmation from the City Engineer that no warranty work is required. L. Consider Approval of Selection of Consultant to Prepare a Preliminary Design Report for the North Hills Parkway Improvement Project and Adoption of a Resolution Amending the Fiscal Year 2004/05 Budget to Fund the Work. Staff Recommendation: Approve the selection of Parsons to prepare the subject report, authorize the Mayor to sign an agreement subject to final language approval by the City Manager and City Attorney, and adopt Resolution No. 2004 -2216, appropriating $300,000 from the Citywide Traffic Mitigation Fund. ROLL CALL VOTE REQUIRED M. Consider Rescinding Ad Hoc Committee for Cardservice International. Staff Recommendation: Rescind Ad Hoc Committee for Cardservice International. N. Consider Authorizing Staff to Seek Pro osals for a New Five -Year Service Contract for Traffic Signal Maintenance. Staff Recommendation: Authorize staff to seek proposals for a five -year Traffic Signal Maintenance contract. 0. Consider Authorization of Recordation of the Notice of Completion for the Villa Campesina Park Improvement Project. Staff Recommendation: Authorize the City Clerk to file the Notice of Completion for the project and authorize the release of the balance of payment, due upon satisfactory clearance, thirty -five (35) days after Notice of Completion records, release bonds in accordance with the contract, and completion of closeout contractual obligations on the part of the contractor. P. Consider Awarding a Contract for the Spring Road Parkway Tree Replacement Project (Project 8054) and the Adoption of a Resolution Amending the Fiscal Year 2004/05 Budget to Fully Fund the Project. Staff Recommendation: 1) Approve the award of a Minutes of the City Council Moorpark, California Page 19 July 7, 2004 construction contract to M &R Landscaping for the construction of the subject project; and 2) Adopt Resolution No. 2004 -2217, amending the FY 2004/05 Budget for this project. ROLL CALL VOTE REQUIRED S. Consider Approval of Resolution Adopting a Revised Benefit Program for Management Employees and Rescinding Resolution No. 2004 -2161. Staff Recommendation: Adopt Resolution No. 2004 -2218. The following items were pulled for individual consideration. C. Consider Award of Agreement for Food and Beveraae Vending Machine Services. Staff Recommendation: Award an agreement to Glendale Amusements for food and beverage vending machine services and authorize the City Manager to sign the agreement on behalf of the City. Councilmember Millhouse requested staff make sure not to put junk food in the machines in order to help children establish good eating habits. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to award an agreement to Glendale Amusements for food and beverage vending machine services and authorize the City Manager to sign the agreement on behalf of the City, with direction to staff to ensure nutritious snacks are predominant. The motion carried by unanimous voice vote. F. Consider Resolutions for Interim Extension of Cable Television Franchise. Staff Recommendation: Adopt Resolutions Nos. 2004- and 2004- extending Cable Television Franchise Agreements with Adelphia Communications Corporation until September 1, 2004. Mr. Riley requested this item be continued to July 21st. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to continue this item to July 21, 2004. The motion carried by unanimous voice vote. I. Consider Awarding a Contract to Thomsen Landscape for the Construction of the Metrolink Landscape Improvement Project. Staff Recommendation: Award the Minutes of the City Council Moorpark, California Page 20 July 7, 2004 Metrolink Landscape Improvement construction contract to Thomsen Landscape and authorize the Mayor to execute said contract Councilmember Mikos stated she had this item pulled to request the landscape consultant find replacement species for the African Sumac and the Acacia trees, as they are two prohibited plants on the tree list; and the remainder of the landscape plan is beautiful. MOTION: Councilmember Millhouse Parvin seconded a motion to award Improvement construction contract authorize the Mayor to execute s� the substitution of the African species. The motion carried by una moved and Councilmember the Metrolink Landscape :o Thomsen Landscape and id contract, subject to Sumac and the Acacia iimous voice vote. Mr. Kueny recommended Council consider Items 10.Q., 10.R. and 10.T. together. CONSENSUS: It was the consensus of Council to consider Items 10.Q., 10.R. and 10.T. together. Q. Consider Memorandum of Agreement (MOA) with Service Employees International Union AFL -CIO, CLC Local 998. Staff Recommendation: Authorize approval of a new one -year MOA for the time period from July 1, 2004, through June 30, 2005, and authorize the City Manager to sign the new MOA following final language approval by the City Manager and City Attorney. R. Consider Resolution Amending Personnel Rules and Regulations for the Positions in the Competitive Service and Rescinding Resolution No. 2002 -2000. Staff Recommendation: Adopt Resolution No. 2004- , subject to final language changes approved by the City Manager and City Attorney. T. Consider Resolution Amending the Salary Plan for Competitive Service, Non - Competitive Service, and Hourly Employees and Rescinding Resolution No. 2003- 2108. Staff Recommendation: Adopt Resolution No. 2004- Mr. Kueny requested these items be continued to a future agenda. Minutes of the City Council Moorpark, California Paqe 21 Julv 7. 2004 MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to continue Items 10.Q., 10.R. and 10.T. to a future agenda. The motion carried by unanimous voice vote. 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Kueny requested the Council go into closed session for Items 12.B., 12.C., 12.E., and 12.G. on the agenda. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adjourn to closed session for a discussion of Items 12.B., 12.C., 12.E. and 12.G. on the agenda. The motion carried by unanimous voice vote. The time was 9:18 p.m. B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Subdivision (a) of Section 54956.9 of the Government Code) The Committee to Preserve Historic High Street, an unincorporated association, and Cynthia Hollister vs. City of Moorpark and Moorpark City Council (Case No. SC037584) E. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Section 54957.6 of the Government Code) Agency Designated Representative: Steven Kueny Employee Organization: Service Employees International Union, AFL -CIO, CLC, Local 998 G. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Subdivision (b) of Section 54957 of the Government Code) Title: Assistant City Manager, Assistant to City Manager /City Clerk, City Manager, City Attorney, City Engineer, Chief of Police, Administrative Services Director, Community Development Director, Community Services Director, and Public Works Director Minutes of the City Council Moorpark, California Page 22 July 7, 2009 The City Council reconvened into closed session at 9:27 p.m. Present in closed session were Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 10:12 p.m. Mr. Kueny stated three cases under Item 12.B., and Items 12.C., 12.E., and 12.G. were discussed and there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned the ATTEST: �-- lDjeborah S. Traf fensted City Clerk