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HomeMy WebLinkAboutMIN 2004 1201 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California December 1, 2004 A Regular Meeting of the City Council of the City of Moorpark was held on December 1, 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 7:07 p.m. 2. PLEDGE OF ALLEGIANCE: Captain Diaz, Sheriff's Department, 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; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Blanca Garza, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Consider City Council Resolution Reciting the Fact of the General Municipal Election Held on November 2, 2004, and Declaring the Election Results and Such Other Matters as Required by Law. Staff Recommendation: Adopt Resolution No. 2004 -2263. Ms. Traffenstedt gave the staff report. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2004 -2263. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark. California Paae 2 December 1, 2004 B. City Clerk administers the Oath of Office to Councilmember Millhouse. Ms. Traffenstedt administered the Oath of Office to Councilmember Keith Millhouse. C. City Clerk administers the Oath of Office to Councilmember Mikos. Ms. Traffenstedt administered the Oath of Office to Councilmember Roseann Mikos. D. City Clerk administers the Oath of Office to Mayor Patrick Hunter. Ms. Traffenstedt administered the Oath of Office to Mayor Patrick Hunter. E. Nomination and Selection of Mayor Pro Tempore. CONSENSUS: It was the consensus of the Council to defer nomination to the meeting of December 15. AT THIS POINT in the meeting, Mayor Hunter announced that the meeting would recess for a reception. The time was 7:14 p.m. The meeting reconvened at 7:47 p.m. with all Councilmembers present. F. Presentation on the Status of Construction of Calleguas' Las Posas Feeder No. 3 Waterline Project by Calleguas Municipal Water District. Don Kendall, General Manager for Calleguas Municipal Water District, gave a presentation and answered questions related to the Calleguas Las Posas Feeder No. 3 Waterline Project on Los Angeles Avenue. G. Presentation on the Status of Construction of Calleguas' Las Posas Feeder No. 3 Waterline Project by Valverde Construction, Inc. Joe and Chris Valverde from Valverde Construction, Inc., gave a presentation and answered questions related to the Calleguas Las Posas Feeder No. 3 Waterline project on Los Angeles Avenue. Minutes of the City Council Moorpark, California Page 3 December 1, 2004 5. PUBLIC COMMENT: Steve Zelig, Esq., attorney representing multiple Moorpark clients with claims filed against Calleguas Municipal Water District, Valverde Construction, Inc. and the City of Moorpark, discussed the impacts of the project on families and businesses. David Pardo spoke in regard to negative impacts from the project to his business, Anderson's Jewelers, and the impacts to traffic in the area. Tracey Pardo spoke in regard to negative impacts from the Calleguas Municipal Water District project to business at Anderson's Jewelers, the lack of interest by Caltrans in this meeting, and traffic impacts to residents. Levin Valladares spoke in regard to negative impacts from the Calleguas Municipal Water District project on his family. In response to Mark Fiore's question about a previous ban on truck traffic on Los Angeles Avenue by Caltrans during bridge construction and the possibility Council could investigate the possibility of having this done again, Mayor Hunter stated the City will speak to Caltrans. Harvey Plaks spoke in regard to a petition signed by Mira Sol residents requesting relief from the Calleguas Municipal Water District project, damages to residential properties, and the disrespect to residents and the City by Valverde Construction, Inc., due to lack of response. Rick Penprase spoke in regard to unsafe circumstances created by Valverde and the need for involving OSHA to rectify the situation; and noise impacts from the Calleguas Municipal Water District project. CONSENSUS: It was the consensus of Council to meet with the City Attorney during closed session in regard to this item. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 9:08 p.m. The City Council meeting reconvened at 9:09 p.m. Minutes of the City Council Moorpark, California Page 4 December 1, 2004 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos announced a hike at Happy Camp Regional Park on Saturday, December 11, 2004. 8. PUBLIC HEARINGS: A. Consider General Plan Amendment Pre - screening Application No. 2001 -02 to Convert 4.0 Acres, Currently Planned for General Commercial Uses, to Very High Density Residential Uses for the Construction of Apartments or Condominiums at 601 -699 West Los Angeles Avenue on the Application of Grand Moorpark, LLC. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Deny GPA Pre - screening Application No. 2001 -02 and direct staff not to accept a General Plan Amendment application as proposed in this Pre- screening Application. Mr. Hogan gave the staff report. Mayor Hunter opened the public hearing. Chuck Cohen, attorney representing Grand Moorpark, LLC, 2801 Townsgate Road, Thousand Oaks, spoke in regard to failures in the Kotin study; and the need to provide more residential development in the City. David Rush, representing CB Richard Ellis Consulting, 830 Pleasant Dale Place, Thousand Oaks, provided copies to the Council of a letter he had written to Mr. Cohen, in which he stated this site is not viable for retail. Oscar Barrera spoke in opposition to the proposal citing traffic concerns. John Gresham spoke in opposition to very high density residential and in support of limited commercial development for the site. Minutes of the City Council Moorpark, California Paqe 5 December 1, 2004 Mr. Cohen stated whatever goes forward there is going to be a need for interface between the property owner and the residents along Shasta Avenue since access will exist whether this is commercial, retail office or any other use. Mayor Hunter closed the public hearing. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to deny GPA Pre - screening Application No. 2001 -02 and direct staff not to accept a General Plan Amendment application as proposed in this Pre - screening Application. The motion carried by voice vote 4 -1, Councilmember Millhouse dissenting. B. Consider Use of Supplemental Law Enforcement Services Grant Funds for 2004/2005 Fiscal Year. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Approve expenditure plan. Mr. Riley gave the staff report. 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 Millhouse moved and Councilmember Parvin seconded a motion to approve the expenditure plan for use of Supplemental Law Enforcement Services Grant Funds for 2004/05 Fiscal Year funding of a 40 -hour patrol officer to enhance front -line law enforcement. The motion carried by unanimous voice vote. AT THIS POINT in the meeting the Council recessed. The time was 10:09 p.m. The meeting reconvened at 10:23 p.m. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Resolution Establishing "No Stopping Anytime" Zones on Park Lane South of Los Angeles Avenue. (continued from November 17, 2004) Staff Recommendation: Adopt Resolution No. 2004 -2264. Minutes of the City Council Moorpark, California Page 6 December 1, 2004 Mr. Gilbert gave the staff report and noted a correction to stamped page 25 of the agenda report for the street name on the exhibit attached to the resolution. Dave Bovey, President of Faith Lutheran Church, spoke about the congregations' concerns about parking restrictions and proposed as amendment to the resolution to allow parking on Sundays. MOTION: Councilmember Parvin moved and Councilmember Millhouse seconded a motion to adopt Resolution No. 2005- 2264, as amended, to exclude "No Stopping Anytime" on Sundays. The motion carried by unanimous voice vote. B. Consider Port of Hueneme /Oxnard Harbor District Organizational Issues. Staff Recommendation: Direct staff as deemed appropriate. Mr. Bobardt gave the staff report. Councilmember Mikos suggested researching the membership of the Local Agency Formation Commission (LAFCO) to facilitate communication and Councilmember Millhouse requested information on potential appointments to LAFCO. Mr. Kueny recommended the Mayor address the issue with the Ventura Council of Governments (VCOG), which is the representative of each of the cities in the county. Mayor Hunter suggested an ad hoc committee be formed to explore legal options and explore support available from other cities. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to appoint Mayor Hunter and Councilmember Millhouse to an ad hoc committee to explore legal options and support available from other cities; and directed staff to research appointments to LAFCO and report back to Council at a future meeting. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Paqe 7 December 1, 2004 C. Consider the Draft Subsequent Environmental Impact Report (EIR) for the Focused Update of the Ventura County General Plan. Staff Recommendation: Direct staff to prepare a letter to the County of Ventura, resubmitting comments made in response to the Notice of Preparation, along with a recommendation that certain sections of SR -118 and SR -34 remain planned as two -lane roads in the General Plan update. Mr. Hogan gave the staff report. Councilmember Harper recommended the letter to the County include language that the circulation and traffic analysis is inadequate. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to prepare a letter to the County of Ventura, resubmitting comments made in response to the Notice of Preparation, along with a recommendation that certain sections of SR -118 and SR -34 remain planned as two - lane roads in the General Plan update and to include language that the circulation and traffic analysis is inadequate. The motion carried by unanimous voice vote. D. Consider Report on Three -Year Strategic Plan to Address Unmet Service and Housing Needs for the Community Development Block Grant - Countywide Consolidated Plan for 2005 -2007. Staff Recommendation: Accept public comment and direct staff to submit Consolidated Plan to the County of Ventura. Mr. Riley gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to direct staff to submit Consolidated Plan to the County of Ventura. The motion carried by unanimous voice vote. E. Consider Street Sweeping Parking Restrictions. Staff Recommendation: Refer possible program modifications to the Transportation and Streets Committee. Minutes of the City Council Moorpark, California Paae 8 December 1, 2004 Mayor Hunter stated he had wanted this item agendized to discuss coordination needed between the entity that writes the restrictions for street sweeping parking, those who enforce the restrictions, and finally the company that carries out the street sweeping. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to direct staff to analyze the benefits of the City assuming street sweeping responsibilities and report back to Council within 90 days. The motion carried by unanimous voice vote. F. Consider an 0 Chapter 8.28 Providing for Established by Recommendation: reading. rdinance Amending Section 8.28.050 of of Title 8 of the Municipal Code False Alarm Response Fees to be Resolution of the City Council. Staff Introduce Ordinance No. 310 for first Ms. Borchard gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mr. Montes read the title of Ordinance No. 310. MOTION: Councilmember Parvin moved and Councilmember Millhouse seconded a motion to waive full reading and introduce Ordinance No. 310 for first reading. The motion carried by unanimous voice vote. G. Consider Cit, Appointments Redevelopment Recommendatio Redevelopment assignments. Council Standing and Ad Hoc Committee and Other City Council and Moorpark Agency Committee Assignments. Staff n: Determine City Council and Moorpark Agency committee appointments and Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Minutes of the City Council Moorpark, California Paqe 9 December 1, 2004 CONSENSUS: It was the consensus of Council to make no changes to current Standing Committee appointments. Councilmember Parvin requested the Base Retention and Closure (BRAC) committee be added to Item 5. CONSENSUS: It was the consensus of Council to delete from the list of Ad Hoc Committees, the Cable Communications Franchises, Asadurian Investments Project, and Southern California Edison Properties. CONSENSUS: It was the consensus of the Council to direct staff to follow -up on scheduling of the City Selection Committee reappointment of Councilmember Mikos to the Fox Canyon Ground Water Management Agency prior to expiration of her current term. 10. CONSENT CALENDAR: MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to approve the Consent. The motion carried by unanimous roll call vote. A. Consider Approval of Warrant Register for Fiscal Year 2004 -2005 - December 1, 2004. Manual Warrants 117801 - 117801 $ 34,520.12 Voided Warrants 117708 & 117748 $ (2,549.92) Payroll Liability 117795 - 117800 $ 2,769.78 Warrants Regular Warrants 117802 - 117890 & $ 51,656.84 117891 - 117908 $ 541,064.02 Staff Recommendation: Approve the warrant register. B. Consider a Resolution Amending the Fiscal Year 2004/05 Budget to Fund Fiscal Year 2003/04 Year -End Deficits in Certain Funds for the City's Landscaping and Lighting Assessment Districts. (continued from November 17, 2004) Staff Recommendation: Adopt Resolution No. 2004- 2265 amending the FY 2004/05 Budget to approve appropriations and fund transfers required to fund FY 2003/04 year -end deficits in certain of the City's Landscaping and Lighting Assessment District Funds. ROLL CALL VOTE REQUIRED Minutes of the City Council Moorpark, California Page 10 December 1, 2004 C. Consider Extension of an Agreement with Dial Security to Provide Security Guard Services at the Moorpark Metrolink Station. Staff Recommendation: Approve a one -year extension of the City's Agreement with Dial Security and authorize the City Manager to execute the extension D. Consider Bond Exoneration for Pacific Bell Building Addition at 400 Minor Street. Staff Recommendation: Authorize the City Clerk to fully exonerate surety #103741032 for 400 Minor Street. E. Consider Purchase Documents for First -Time Home Buver Program; Accepting Agency Interest in the Ongoing Affordability of Lots 12, 13 and 14 of Tract No. 5307; and Authorizing City Manager to Execute all Documents, Related to the First -Time Home Buyer Program. Staff Recommendation: 1) Approve the Promissory Note, Deed of Trust and Security Agreement, Option in the Event of Transfer Agreement, Resale and Refinance Restriction Agreement, Disclosure Notice, and Declaration under Penalty of Perjury for City's First - Time Home Buyer Program, subject to final language approval by City Manager and City Attorney; 2) Authorize City Manager to execute all documents, named above, related to the First -Time Home Buyer Program; and 3) Accept Moorpark Redevelopment Agency's obligation and interest in providing for the ongoing affordability of Lots 12, 13 and 14 of Tract No. 5307. 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Kueny requested the Council go into closed session for one case under Item 12.A. and three cases under Item 12.B. on the agenda. Mr. Montes stated in regard to Item 12.A. the facts and circumstances creating significant exposure to litigation consist of statements made during Public Comments by attorney Steve Zelig, indicating the intention to include the City of Moorpark in the lawsuit derived from the Calleguas Municipal Water District project on Los Angeles Avenue. Minutes of the City Council Moorpark, California Page 11 December 1, 2004 MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to adjourn to closed session for a discussion of one case under Item 12.A. and three cases under Item 12.B. on the agenda. The motion carried by unanimous voice vote. The time was 10:59 p.m. A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) 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) Present in closed session Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Kenneth Gilbert, Public Works Director; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened Kueny stated one case under Item 12.B. were report. 13. ADJOURNMENT: Mayor Hunter adjourr ATTEST: '�:ID�Wumk 6. 1 Deborah S. Traffenste City Clerk into open session at 11:47 p.m. Mr. under Item 12.A. and three cases discussed and there was no action to