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HomeMy WebLinkAboutMIN 2004 1020 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California October 20, 2004 A Regular Meeting of the City Council of the City of Moorpark was held on October 20, 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 :16 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; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation Recognizing October 17 -23, 2004, as Mediation Week. Mayor Hunter presented James Lingl, President of the Board of Directors of Ventura Center for Dispute with a Proclamation recognizing October 17 -23, 2004, as Mediation Week. B. Proclamation Recognizing October 23 -31, 2004, as Red Ribbon Week. Minutes of the City Council Moorpark, California Paae 2 October 20, 2004 Mayor Hunter presented Captain Richard Diaz with a Proclamation recognizing October 23 -31, 2004, as Red Ribbon Week. C. Proclamation Recognizing October 2004 as Breast Cancer Awareness and End Domestic Violence Month. Mayor Hunter presented Bonnie Warrington, Camino Real Regional Legislative Advocate for Soroptimist International Group with a Proclamation recognizing October 2004 as Breast Cancer Awareness and End Domestic Violence Month. D. City Manager's Monthly Report. Captain Diaz gave the monthly report. 5. PUBLIC COMMENT: Cindy Hollister, a Moorpark resident, spoke about her disappointment at the lack of approval for the Candidate's Forum; and that the video of that meeting is still unavailable on the City's webpage. Bruce Thomas, a Moorpark resident and candidate for Councilmember, spoke about his reasons for running for Council and addressed areas of concern to voters. Janet Murphy, Co- Project Manager of Save Open Space /Santa Susana Mountains (SOS) spoke of her concerns regarding the critical habitat for the Coastal California Gnatcatcher and preservation of breeding habitat for mountain lions. Cori Martinez, Board Member of SOS, emphasized the importance of preserving the wildlife habit on the North Park project; and stated Ventura County has the potential for preserving this area by creating an open space district. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 8:05 p.m. The City Council meeting reconvened at 8:06 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Hunter requested Item 10.I. be pulled from the Consent Calendar for individual consideration. Minutes of the City Council Moorpark, California Paae 3 October 20, 2004 Councilmember Harper requested Item 10.C. be pulled from the Consent Calendar for individual consideration. CONSENSUS: It was the consensus of the Council to pull Items 10.C. and 10.I. from the Consent Calendar for individual consideration. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Millhouse announced the Moorpark High School Girls Soccer program is looking for equipment donations and sponsors and anyone interested in supporting this youth sport should contact Karen Lindsey at Troop Realty. Councilmember Millhouse announced the Moorpark High School Academic Decathlon team has reformed under Coach Larry Jones' direction and they are looking for sponsors. 8. PUBLIC HEARING: A. Consider General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01, and Zone Change No. 2001 -02 for 1,650 Housing Units on 3,586.3 Acres Located Generally North of Moorpark College and State Route 118 on Land Immediately Outside City of Moorpark Municipal Boundaries, on the Application of North Park Village LP. (continued from September 15, 2004, with public hearing open) Staff Recommendation: Continue to take testimony in the open public hearing, and continue the agenda item with the public hearing open to November 17, 2004. Mr. Bobardt gave the staff report. Mayor Hunter proposed the Council take preliminary questions of staff, hear from the public so they do not have to wait, and then engage in dialogue regarding last month's issues and this evening's staff report. The majority of the Council preferred to hear the public speakers prior to taking questions from Council with Councilmember Mikos in opposition. Mayor Hunter stated the public hearing remains open. Minutes of the City Council Moorpark, California Paqe 4 October 20, 2004 Kim Kilkenny, representing North Park, 680 Walnut Street, Moorpark, spoke about technical inconsistencies between the Lake Management Plan, the Lake Master Plan; and the Ground Water Quality reports which will be revised to eliminate any confusion; and referenced conversations with the new owner of the Unocal property in regard to acquiring the access road between the interchange and the project area. Dorothy Ventimiglia, a Moorpark resident, spoke in regard to negative impacts from grading; soil contamination from oil fields; Valley Fever; diesel fumes from heavy equipment; migration of pollution from nearby Simi landfill; the Environmental Impact Report (EIR) notation of two toxic plumes with source unknown; and whether the lake is on toxic soil. Tony Banducci, a Moorpark resident, spoke in opposition to the project expressing concerns about the EIR, transportation infrastructure, the lake and ballot measures. John Shishino -Cruz, a Moorpark resident, spoke in opposition to the project citing health concerns related to Valley Fever. Linda Shishino -Cruz, a Moorpark resident, spoke about health and safety issues associated with the lake; the need for a new EIR; and improvements to infrastructure. James Roller, representing Save Open Space, spoke in regard to the voter information packet; toxic soils testing for Phase II; West Nile Virus; other health issues associated with the project; and cost of the project to the City. Suzanne Wilson, a Moorpark resident, questioned school impacts; inconsistencies needing clarification; access road acquisition; and asked why the General Plan should be changed. Steve Nardi, a Moorpark resident, spoke in opposition to the project citing traffic impacts, noise pollution, and questionable acquisition of freeway land. 7 Minutes of the City Council Moorpark, California Paae 5 October 20, 2004 Janet Murphy, a Moorpark resident, stated questions on the EIR have not been answered and the testimony at the Council meeting of September 15, 2004, by Joe Edmiston, Executive Director of the Santa Monica Mountains Conservancy is questionable. Jim Swing, a Moorpark resident, read a letter from Thomas Duck addressed to the Council, raising questions on oil wells, schools, and traffic; and requesting an independent committee evaluate the North Park proposal. Tim Rosevear, a Moorpark resident, spoke in opposition to the project citing traffic congestion and changes to the current zoning. Martin Keats, a Moorpark business owner, expressed concerns over the need for another high school and more information on the status of the off -ramp. In response to Mayor Hunter, Ms. Traffenstedt stated there were 23 Written Statement cards, 18 in favor of the project and 5 in opposition. She stated copies would be provided to the Council. AT THIS POINT in the meeting the City Council recessed. The time was 9:16 p.m. The City Council meeting reconvened at 9:45 p.m. Mr. Kilkenny spoke in regard to completing a Development Agreement prior to going to a vote; and meeting with the County of Ventura to discuss an adjustment to the property tax share for Moorpark on the annexed land. Mr. Kilkenny responded to the concerns expressed by the public in regard to Valley Fever, West Nile Virus, EIR mitigations for presentation next month; and traffic improvements. MOTION: Councilmember Harper and Councilmember Parvin seconded a motion to continue the item with public hearing open, to November 17, 2004. The motion carried by unanimous voice vote. B. Consider Resolutions Continuing Public Hearings Concerning the Formation of Community Facilities District No. 2004 -1 (Moorpark Hiqhlands) and Communitv Minutes of the City Council Moorpark, California Page 6 October 20, 2004 Facilities District No. 2004 -2 (Moorpark Vistas) to December 15, 2004. Staff Recommendation: Open public hearing, accept public testimony, and adopt Resolutions Nos. 2004 -2253 and 2004 -2254, continuing the agenda item with public hearing open to December 15, 2004. Mr. Riley gave the staff report. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adopt Resolutions No. 2004 -2253 and 2004 -2254, continuing this item with public hearing open to December 15, 2004. The motion carried by unanimous voice vote. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Authorizing Use of City Marquee Signs and Portable Lights for Rotary Club Civil War Reenactment Event Scheduled for November 6 and 7, 2004, at Tierra Rejada Ranch. Staff Recommendation: Approve use of City marquee signs to include the name, date, time, and location of the event, and approve use of City portable lights, subject to insurance and waiver of liability requirements. Ms. Traffenstedt gave the staff report. Dale Parvin, representing the Moorpark Rotary Club, stated the lighting is for the safety of the community during a new nighttime performance. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve use of City marquee signs to include the name, date, time, and location of the event, and approve use of City portable lights, subject to insurance and waiver of liability requirements. The motion carried by unanimous voice vote. B. Consider Appointment of City Council Representative to the Ventura County Transportation Commission (VCTC). Minutes of the City Council Moorpark, California Page 7 October 20, 2004 Staff Recommendation: Designate a City Councilmember as the City representative to the VCTC. Councilmember Millhouse gave the staff report and stated he would like to serve again as the City's representative. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to designate Councilmember Millhouse to serve as the City's representative to the VCTC. The motion carried my unanimous voice vote. C. Consider Award of Purchase Contract Totaling $220,683.10 for Furniture for the Police Services Center. Staff Recommendation: Award Purchase Contract to Purchase Planners Group in the amount of $220,683.10, consistent with the agenda report. Mr. Riley gave the staff report. Chuck Larson, Russco, 4522 Market Street, Ventura, spoke in regard to his unsuccessful bid. Rosemary Hooke, Esq., counsel for Purchase Planners Group, stated Mr. Larson's information is out dated, Larry Tanaguchi, representing WWCOT, 3130 Wilshire Boulevard, Los Angeles, California stated he is available for questions. AT THIS POINT in the meeting the Mayor Hunter requested that the City Council go into closed session for one case under Item 12.A. Mr. Montes announced that the facts and circumstances creating significant exposure to litigation consist of verbal testimony received for this agenda item threatening litigation regarding whether a contractor's license is needed to perform certain work at the Police Services Center. CONSENSUS: It was the consensus of the Council to adjourn to closed session for a discussion of one case under Item 12.A. The time was 11:17 p.m. Minutes of the City Council Moorpark, California Paae 8 October 20, 2004 12. CLOSED SESSION: 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) Present in closed session were Councilmembers Harper, Mikos, Millhouse, and Mayor Hunter. Councilmember Parvin arrived at 11:23 p.m. The Council reconvened into open session at 11:24 p.m. Mr. Kueny stated that one case under Item 12.A. was discussed and there was no action to report. AT THIS POINT in the meeting, the Council returned to Presentation /Action /Discussion Item 9.C. on the agenda. 9. C. (continued) MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to award a Purchase Contract to Purchase Planners Group in the amount of $220,683.10, consistent with the agenda report. The motion carried my unanimous voice vote. D. Consider Ordinance Amending Chapter 2.36, Planning Commission, of Title 2 Administration and Personnel of the Moorpark Municipal Code. Staff Recommendation: Introduce Ordinance No. 309 for first reading and schedule second reading and adoption for November 3, 2004. Mr. Hogan gave the staff report. Mayor Hunter requested the verbiage in section 2.36.20 reflect "all appointments" shall occur at the reorganization meeting. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mr. Montes read the title of Ordinance No. 309. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive full reading and introduce Ordinance No. 309 for first reading, as amended Minutes of the City Council Moorpark, California Page 9 October 20, 2004 for Section 2.36.020 to reflect "all appointments" shall occur at the reorganization meeting of the City Council. The motion carried by unanimous voice vote. E. Consider the Draft 2004 Congestion Management Plan. Staff Recommendation: Direct staff as deemed appropriate. Mr. Millhouse requested this item be continued to November 3, to allow more time for review. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to continue this item to November 3, 2004. 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 Item 10.C. and 10.I., which were pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of April 7, 2004. Consider Approval of Minutes of Special Meeting of October 6. 2004. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2004 -2005 - October 20, 2004. Manual Warrants Voided Warrant Payroll Liability Warrants 117450 - 117454 117455 - 117459 $ 49,204.22 $ (0.00) $ 1,878.33 Regular Warrants 117460 - 117551 $ 42,694.09 117552 - 117568 $ 839,704.56 Minutes of the City Council Moorpark, California Page 10 October 20, 2004 Staff Recommendation: Approve the warrant register. D. Consider Notice of Completion for the Spring Road Parkway Tree Replacement Project (Project 8054). Staff Recommendation: Accept the work as complete. E. Consider Notice of Completion for the Bus Shelter Project 2003 BS -l. Staff Recommendation: Authorize the City Clerk to file the Notice of Completion, release the balance of payment thirty -five (35) days after the Notice of Completion records, and release bonds consistent with the contractual procedures. F. Consider Procurement and Installation of Transit Bus Shelters. Staff Recommendation: Authorize the purchase of twelve bus shelters for installation at locations identified in the agenda report. G. Consider Resolution Adopting the Annual Investment Policy for Fiscal Year 2004 -05 for the City of Moorpark. Staff Recommendation: Adopt Resolution No. 2004 -2255. H. Consider Resolution Amending the Fiscal Year 2004 -05 Budget for the Receipt of Funds Received from Pardee Homes in Accordance with the Subdivision Improvement Agreement Dated May 14, 2004. Staff Recommendation: Adopt Resolution No. 2004 -2256. ROLL CALL VOTE REQUIRED J. Consider Resolution Authorizing the City Manager, the Assistant City Manager, or the Director of Administrative Services to Act on Behalf of the City of Moorpark for the Purpose of Obtaining Federal Financial Assistance Provided by the U.S. Department of Homeland Security, and Acceptance of the Homeland Security Grant. Staff Recommendation: 1) Adopt Resolution No. 2004 -2257 and; 2) Authorize the City Manager to sign the confirmation of requested purchases /expenditures and the grant assurances. The following items were pulled for individual consideration: C. Consider Co- sponsorship of First -Time Home Buyer Workshops. Staff Recommendation: Approve waiver of room rental fees except any City out -of- pocket costs Minutes of the City Council Moorpark, California Paae 11 October 20, 2004 for the First -Time Home Buyer Workshop to be held October 30, 2004. Councilmember Harper stated he had pulled this item to request Council waive all fees and have the City fully fund all costs. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to approve staff recommendation, as amended, for the City to waive all fees and fully fund all costs for the First -Time Home Buyer Workshop to be held October 30, 2004. The motion carried by unanimous voice vote. I. Consider Report of Annual Development Agreement Review Established in Connection with Industrial Planned Development No. 1995 -02 and Tract No. 5004 (Special Devices, Incorporated [SDI] and Daniel F. Selleck). Staff Recommendation: 1) Accept the Community Development Director's Report and recommendation, and find, on the basis of substantial evidence, that SDI and Selleck have complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. Mayor Hunter stated he had pulled this item as he intends to abstain from the vote. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to: 1) Accept the Community Development Director's Report and recommendation, and find, on the basis of substantial evidence, that SDI and Selleck have complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. The motion carried by voice vote 4 -0, with Mayor Hunter abstaining. 11. ORDINANCES: A. Consider Ordinance No. 308, An Ordinance of the Cit Council of the City of Moorpark, California, Adding Chapter 10.22 to the Moorpark Municipal Code Relating to the Cost Recovery of Police Emergency Response Services. Staff Recommendation: Declare Ordinance No. 308 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 308. Minutes of the City Council Moorpark, California Paae 12 October 20, 2004 MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive further reading, declare Ordinance No. 308 read for the second time, and adopted as read. The motion carried by unanimous voice vote. 12. CLOSED SESSION: None was held at this time. 13. ADJOURNMENT: \ Mayor Hunter adjourr. ATTEST: Deborah S. Traffenst t City Clerk