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HomeMy WebLinkAboutMIN 2004 1117 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California November 17, 2004 A Regular Meeting of the City Council of the City of Moorpark was held on November 17, 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 7:21 p.m. 2. PLEDGE OF ALLEGIANCE: Captain Richard 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; John Brand, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Blanca Garza, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Recognition of Duplicate Bridge Group Donation to the Active Adult Center. Mayor Hunter introduced Gary Comer, member of the Duplicate Bridge Group who presented the Active Adult Center with a donation of $2,000. B. Certificates of Completion for Community Emergency Response Team Training. Minutes of the City Council Moorpark, California Paqe 2 November 17, 2004 Mayor Hunter introduced Battalion Chief Dave Chovanec and Captain Gary Smith of the Ventura County Fire Protection District who spoke about Community Emergency Response Team Training (CERT). Mayor Hunter presented certificates of completion to the first graduates of CERT, Eric Beck, James Carpenter, Kim Chudoba, Marilyn Gourdeau, Neill Humphrey, Scott Pond, Darlene Sweet, and Spencer Ross. Ted Lansing was unable to attend. C. City Manager's Monthly Report. Mayor Hunter announced the City Manager's monthly report would be deferred. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Staff requested Item 10.F. be removed from the Consent Calendar. CONSENSUS: It was the consensus of the Council to remove Item 10.F. from the Consent Calendar. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos requested the date of the next CERT training be announced once it is scheduled. Councilmember Mikos requested a future agenda item for December 1, 2004, to discuss how to expedite the completion of the Calleguas Municipal Water District pipeline project on Los Angeles Avenue. Mayor Hunter requested staff invite Mr. Kendall from Calleguas to attend the December 1 meeting to update the Council on the status of the project. Councilmember Millhouse requested a representative from Valverde Construct, Inc. also be invited. Councilmember Parvin complemented the Moorpark Rotary Club on the success of their Civil War Reenactment of Grant vs. Lee. Minutes of the City Council Moorpark, California Page 3 November 17. 2004 Mayor Hunter requested a future agenda item for December 1, 2004, regarding the City's street sweeping policy and the coordination of the process to provide a more efficient service. Mayor Hunter announced the Winter Camp Moorpark program will operate from December 20 to December 30. Mayor Hunter announced the second annual Hometown Holiday event and arrival of the Holiday Toy Express for Sunday, December 5. 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 October 20, 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 January 19, 2005. Mr. Bobardt gave the staff Privitt of Bontara consultants to the City California Environmental documentation. report and introduced Dana Consulting, environmental for preparation of the Quality Act (CEQA) Ms. Privitt discussed the CEQA requirements. Mayor Hunter stated the public hearing remains open. Kim Kilkenny, representing North Park Village, 680 Walnut Street, Moorpark, addressed questions raised at previous meetings. Chris Childers spoke in favor of the project citing the efforts of the developer to satisfy the needs and concerns of the community. Susan Nardi spoke in opposition to the project citing traffic concerns. Minutes of the City Council Moorpark, California Page 4 November 17, 2004 Harvey Plaks spoke in favor of the project citing generation of additional quality services to the community due to development. Chad Sourbeer spoke in favor of the project citing increased emergency response for the community in regard to the potential new fire station. Cheri Bohnert spoke in favor of the project citing the opportunity for wonderful amenities for Moorpark. Tim Saivar spoke in regard to unresolved issues including grading impacts to hillsides, traffic, oil field and lake concerns, and tax implications. Anthony Banducci spoke in opposition to the project citing traffic concerns and emphasized Moorpark citizens' rights to curb urban sprawl as they did previously when this project was Hidden Creek. Thomas Duck spoke in opposition to the project citing the need for affordable housing not million dollar homes, dangers of uncharted oil wells, amenities that only benefit North Park, and traffic concerns. Lisa Leal spoke in favor of the project citing the developer's accommodations to the community; the amenities of the project such as the lake, fire station and the school; and the preservation of open space. Debra Ryono spoke in favor of the project due to public access to the lake and the additional services the project will generate for the community. In response to Mayor Hunter, Ms. Traffenstedt stated there are 11 Written Statement Cards, 7 indicating they are in favor of the project 3 in opposition and 1 late one in opposition. She stated copies would be provided to the Council. In response to Mayor Hunter, Ms. Privitt summarized the significant effects that are listed in the Draft Mitigation Monitoring Program and why they are determined to be significant. Minutes of the City Council Moorpark, California Paae 5 November 17, 2004 Mr. Kilkenny commented on those areas of significant impact in the EIR that are not able to be mitigated and require overriding findings. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to continue the agenda item with the public hearing open, to January 19, 2005. The motion carried by unanimous voice vote. AT THIS POINT in the meeting the City Council recessed. The time was 9:00 p.m. The City Council meeting reconvened at 9:17 p.m. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Approval of Plans and Specifications and Authorization to Advertise for a Project to Construct: 1) Spring Road Median Landscaping North of Second Street; and 2) Parkway Tree Replacement on the East Side of Tierra Rejada Road, South of Courtney Lane. Staff Recommendation: Approve the plans and specifications for the subject project and authorize staff to advertise for receipt of bids for construction of the project. Mr. Gilbert gave the staff report. In response to Councilmember Millhc suggested rather than continue the adjacent property owners not being hearing, send out notices now, implementation of the replacement time. )use, Mayor Hunter item due to the notified of this and delay the for a period of In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to delay approval of the plans and specifications and authorization to advertise for a project to construct: 1) Spring Road median landscaping, north of Second Street; 2) Parkway tree replacement on the east side of Tierra Rejada Road, south of Courtney Lane; and 3) Authorize staff to advertise for receipt of bids for construction of the project, until adjacent residents are notified. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 6 November 17, 2004 B. Consider Resolution Updating Solid Waste Collection Fees. Staff Recommendation: Adopt Resolution No. 2004 -2261, rescinding Resolution No. 2003 -2146 and approving new year 2005 Solid Waste Collection Fees effective January 1, 2005. Mr. Brand gave the staff report. In response to Mayor Hunter, Mike Smith with Waste Management /G.I. Industries and Chuck Anderson of Anderson /Moorpark Rubbish concurred the number of citizen complaints have declined since the inception of the automated system, which standardized the level of service. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mr. Brand corrected an error on stamped page 10 of the agenda report line three to indicate $22.47 rather than to $22.49 for the City's regular monthly residential solid waste rate. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to adopt Resolution No. 2004 -2261, rescinding Resolution No. 2003 -2146 and approving new year 2005 Solid Waste Collection Fees effective January 1, 2005. The motion carried by unanimous voice vote. C. Consider Resolution Establishing "No Stopping Anytime" Zones on Park Lane South of Los Angeles Avenue. Staff Recommendation: Adopt Resolution No. 2004- Mr. Gilbert gave the staff report. In response to Councilmember Parvin, Mr. Gilbert stated the Lutheran Church was notified on Monday regarding this item on the agenda and had indicated they intended to come to the meeting to discuss this issue of allowing Sunday parking. Mayor Hunter suggested delaying a decision for two weeks to allow the Church to respond. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Minutes of the City Council Moorpark, California Page 7 November 17, 2004 MOTION: Councilmember Harper moved to adopt a resolution establishing "No Stopping Anytime" zones on Park Lane south of Los Angeles Avenue. The motion died due to lack of a second. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to continue this item to December 1, 2004. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to approve the Consent Calendar with the exception of Item 10.F. which was removed from the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of September 1, 2004. Consider Approval of Minutes of Special Meeting of October 20, 2004. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2004 -2005 - November 17, 2004. Manual Warrants 117701 - 117705 & $ 47,256.79 117711 - 117714 $ 9,760.27 Voided Warrant 117626 & 117712 $ (127.50) Payroll Liability 117706 - 117710 $ 1,838.78 Warrants Regular Warrants 117715 - 117783 $ 36,841.92 117784 - 117794 $ 610,180.08 Staff Recommendation: Approve the warrant register. C. Consider Award of Contract for Demolition of Structures at 282 Los Angeles Avenue. Staff Recommendation: Award bid for Demolition Work at 282 Los Angeles Avenue to California Land Clearing, Inc., for $8,745. Minutes of the City Council Moorbark, California Paae 8 November 17, 2004 D. Consider Resolution Amending the Fiscal Year 2004/05 Budget for Landscape and Lighting Maintenance Assessment District Zone 10. Staff Recommendation: Adopt Resolution No. 2004 -2262, amending the FY 2004/05 budget by appropriating $94,680 for landscape maintenance in Zone 10 Landscape and Lighting Maintenance Assessment District from the Zone 10 Fund Balance. ROLL CALL VOTE REQUIRED E. Consider a Report on the Work Plan for the Communit} Development Block Grant (CDBG) 2005 Consolidated Plan. Staff Recommendation: Receive and file report. G. Consider Authorization of Recordation of the Notice of Completion for the Arrovo Vista Communitv Park Phase II Project. Staff Recommendation: Authorize the City Clerk to file the Notice of Completion, release of the balance of payment thirty -five (35) days after Notice of Completion records, and release of bonds consistent with the contract. The following item was removed from the Consent Calendar: F. Consider 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. Staff Recommendation: Adopt Resolution No. 2004- ROLL CALL VOTE REQUIRED CONSENSUS: It was the consensus of Council to remove this item from the Consent Calendar. 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Kueny requested that the City Council go into closed session for one case under Item 12.A, one case under Item 12.B, and for Items 12.C, 12.D, and 12.E. on the agenda. Mr. Montes announced the facts and circumstances creating significant exposure to litigation for the one case under Minutes of the City Council Moorpark, California Page 9 November 17, 2004 Item 12.A. consists of a claim received from Gail Martin, Jr.; Betinna Martin; and Alyson Martin related to the Calleguas Municipal Water District project on Los Angeles Avenue. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adjourn to closed session for a discussion of one case under Item 12.B, and for Items 12.C, 12.D, and 12.E. on the agenda. The motion carried by unanimous voice vote. The time was 9:44 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) C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 500 -0 -391 -115, County of Ventura City Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Conejo Valley Unified School District Under Negotiation: Price and terms of payment D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 512 -0 -091 -080 and APN 512 -0- 091 -100 City Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Janss IV Recreation, Inc. (Theater on High /Larry Janss) Under Negotiation: Price and terms of payment E. 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 10 November 17, 2004 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; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 10:20 p.m. Mr. Kueny stated that 12.A (one case), 12.B, 12.C, 12.D, and 12.E. were discussed and there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned the ATTEST: S Deborah S. Traffenst City Clerk err, Mayor 1