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HomeMy WebLinkAboutMIN 2004 0121 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California January 21, 2004 A Regular Meeting of the City Council of the City of Moorpark was held on January 21, 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 :12 p.m. 2. PLEDGE OF ALLEGIANCE: Hugh Riley, Assistant City Manager, 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; Walter Brown, Assistant City Engineer; Captain Richard Diaz, Sheriff's Department; Nancy Burns, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. City Manager's Monthly Report Mr. Kueny introduced Deborah Traffenstedt, Assistant to City Manager /City Clerk, who gave the monthly report. Ms. Traffenstedt gave an update of the City Clerk's Department accomplishments in 2003, including an Employee Recognition event and the 20th Anniversary employee luncheon and City Council July 2, 2003 program. She described the responsibilities of the City Clerk's Department to include preparation of Minutes of the City Council Moorpark, California Paae 2 January 21, 2004 agenda packets and meeting minutes for the City Council, records management, and coordination of Municipal elections. She described the additional responsibilities of the department to include Human Resource and Risk Management, which includes recruitment, hiring, employee benefits, safety programs, and insurance and claims related functions. Ms. Traffenstedt went on to describe the training opportunities afforded employees, including driver awareness and ergonomic training. She described accomplishments in the area of Risk Management including an award from the Joint Powers Insurance Authority recognizing the City's superior risk management program; and a reduction in insurance costs to the City resulting from a City Clerk's Department update to the City's Property Earthquake Insurance Schedule. 5. PUBLIC COMMENT: Jayla Haxton, a Moorpark resident, spoke about on -going problems related to pets at her home; demands from the City to obtain a business license and horse training license; and City staff visiting her property to inform her of neighbor's complaints. She reminded the Council their previous direction in October of 2003, was for staff to evaluate the need to change the allowable number of pets on large parcels of land. Raeanah Rogers, a Moorpark resident, expressed concerns that the City is only willing to fight for the Haxton's complaining neighbor's rights. Loven Ward, a Northridge resident, stated she visits the Haxton's with her pets so they can roam freely on their large lot. Lovee Davidson, a Moorpark resident, asked the Council to intervene and settle the dispute between the Haxton's, their neighbor, and the City staff. Cindy Hollister, a Moorpark resident, stated she lives as close to the Haxton's as the complaining neighbor and is not bothered by any of the animals. She asked the Council to help the Haxton's. Minutes of the City Council Moorpark, California Page 3 January 21, 2004 In response to Mayor Hunter, Mr. Hogan stated this is an open Code Enforcement case, which limits what he can discuss. He stated the real issue is the keeping of four or more dogs on the property, whether they belong to the Haxton's or are visitors. Mayor Hunter stated the Council is reluctant to comment on an open case and requested Mr. Hogan provide a chronological history of this case as a mailbox item to the Council. Mayor Hunter encouraged Ms. Haxton to continue to work with Mr. Hogan and Code Enforcement Officer Riley to resolve this matter quickly. In response to Councilmember Harper's reminder of the October 2003 City Council discussion about modifying the section of the Municipal Code in regard to the number of animals allowed on large parcels of land, Mr. Hogan stated he would bring back a report at a February meeting. Councilmember Millhouse requested a mailbox item showing the specific allegations from the complaining party and the factual provisions of the Municipal Code that apply to any violations. In response to Councilmember Parvin, Mr. Hogan stated staff had considered a mediator who volunteered services; however, the mediation meeting did not occur. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:31 p.m. The City Council meeting reconvened at 7:32 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos announced an 8 -mile hike at Happy Camp Regional Park on Saturday, January 24th from 9:15 a.m. to 3:45 p.m. Councilmember Millhouse requested a future agenda item to discuss emergency ingress /egress provisions for residents Minutes of the City Council Moorpark, California Paae 4 January 21, 2004 in gated communities; a manual to be drafted by staff for Homeowners Associations to provide to residents concerning emergency gate procedures; and discussion of a penalty provision for those who might alter or vandalize gates. Councilmember Millhouse requested a future agenda item for a presentation from the Ventura County Transportation Commission (VCTC) to provide information on proposed County sales tax to fund mass transit and local transportation needs in response to the Sacramento budget situation, along with solicitation of input from various cities to provide feedback to VCTC for use in crafting the measure. Mayor Hunter commended Moorpark Police Department Sergeant Mike Aranda, who while off -duty apprehended two suspects and confiscated weapons and ammunition stolen from a Moorpark home. 8. PUBLIC HEARING: A. Consider Resolution for Modification No. 1 to Vestin Tentative Tract Map No. 5045. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2004 -2158, approving Modification No. 1 to Vesting Tentative Tract Map No. 5045. Mr. Hogan gave the staff report. He corrected the application to be for a Tentative Tract Map and not a Vesting Tentative Tract Map. In response to Council questions, Mr. Hogan stated recent new residential developments in Moorpark, including Toll Brothers, West Pointe, SunCal, and the Carlsberg project are gated; Police and Fire Department personnel are responsible for periodically checking Knox Boxes to make sure they will work in an emergency situation; and staff can review gate conditions to address the concerns of the Council. Councilmember Millhouse stated the installation of a Knox Box will not be sufficient to address the concerns he has in case of emergency situations such as the recent fires, when residents need to open the gates before emergency help arrives. He recommended the installation of a manual release, education for the residents on its use, and implementation of Minutes of the City Council Moorpark, California Paqe 5 January 21, 2004 penalties for anyone found compromising the release mechanism. In response to Mr. Hogan, Councilmember Millhouse stated he would want staff to develop the criteria for ensuring the addition of safety features for the gates. Mayor Hunter opened the public hearing. Jim Bizelle, representing Pardee Homes, 1320 Flynn Road, Camarillo, California, provided the Council with a rendering of the proposed gates. He stated there will be access to the park and horse trail; the gates will have pedestrian access, and the maintenance of the private streets will be the responsibility of the Homeowners Association. In response to Mayor Hunter, Mr. Bizelle confirmed Pardee Homes is in agreement with the project conditions. Ms. Traffenstedt read a Written Statement card from Janet Murphy, a Moorpark resident, stating opposition to the proposed gates for this project as they do not interface well with existing downtown homes and are exclusionary in nature. Mayor Hunter recommended deleting the words "within the gates" from the last sentence of Condition No. 2. In response to Councilmember Mikos, Mr. Hogan stated staff had not requested gates be added to the proposal. Councilmember Mikos stated she has a problem with installing gated communities in what has been the safest city in Ventura County for the past eleven years; gates are out of place near the downtown area; gates send a message for the rest of the community to keep out; and she cannot approve this request. Mayor Hunter closed the public hearing. In response to Councilmember Harper's safety concerns, Mr. Hogan stated he did not know of any delayed response from emergency vehicles to gated communities. Minutes of the City Council Moorpark, California Page 6 January 21, 2004 Mayor Hunter stated Councilmember Millhouse's recommendations regarding additional safety features help him support this proposal. Councilmember Parvin stated she investigated gated communities and found residential developments in the United States are moving toward this configuration for added safety when spouses travel and leave families alone; and she is comfortable with the proposal. Councilmember Harper stated he will reluctantly support the request since it is a sales feature attractive to the public even though philosophically he has problems with gated communities. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to adopt Resolution No. 2004 -2158, as amended in Condition No. 2 to delete the words "within the gates" and correcting the title of the request to approve Modification No. 1 to Tentative Tract Map No. 5045. The motion carried by voice vote 4 -1, with Councilmember Mikos dissenting. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Permit Adjustment No. 2 to Commercial Planned Development No. 2001 -01 for Approval of Site Plan and Building Elevations for a 3,536 Square Foot Denny's Restaurant on Pad 4 of the Moorpark Marketplace, Located South of New Los Angeles Avenue, East of Miller Parkway and West of the State Route -23 Freeway on the Application of Architectronix, Inc. ( Denny's Restaurant). (Continued from December 17, 2003) Staff Recommendation: Continue the item to the February 4, 2004, City Council meeting. Mr. Hogan stated the applicant indicates the information requested by the Council at the December 17, 2003, meeting should be available for the February 4, 2004, meeting. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers for this item. Minutes of the City Council Moorpark, California Page 7 January 21, 2004 MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to continue this item to February 4, 2004. The motion carried by unanimous voice vote. B. Consider Resolution Proclaiming the Termination of a Local Emergency and Rescinding Resolutions 2003 -2136 and 2003 -2137 Regarding the "Simi Fire ". Staff Recommendation: Adopt Resolution No. 2004 -2159. Ms. Chudoba gave the staff report. In response to Councilmember Mikos, Ms. Chudoba confirmed if the emergency is terminated, aid and support systems would continue to be available to the public. Cindy Hollister, a Moorpark resident and fire victim whose home burned down during the "Simi Fire" stated she had received help from the Red Cross and the Federal Emergency Management Agency. She asked if funds Councilmember Harper mentioned at the November meeting were available to help victims. In response to Mayor Hunter, Ms. Hollister stated her need for additional assistance was due to contractor charges she is now incurring. Mayor Hunter stated the funds discussed in November were to cover the cost of building permits and recommended Ms. Hollister work with both Mr. Hogan and Ms. Chudoba on other available sources of assistance. Councilmember Mikos advised Ms. Hollister of other agencies where she could apply for assistance. Councilmember Millhouse and Councilmember Parvin asked the local newspapers to help make the needs of fire victims known to the community and local businesses. Councilmember Harper reminded the Council of the social services account each Councilmember has access to in times of need. Minutes of the City Council Moorpark, California Paqe 8 January 21, 2004 MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2004 -2159 proclaiming the termination of a Local Emergency and rescinding Resolution Nos. 2003 -2136 and 2003 -2137 regarding the "Simi Fire ". The motion carried by unanimous voice vote. C. Consider Adopting Revised City Council Policies Resolution and Rescinding Resolutions Nos. 93 -949, 99- 1576, and 2002 -2040. Staff Recommendation: Adopt Resolution No. 2004 -2160. Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers for this item. MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2004 -2160, revising City Council Policies and Rescinding Resolution Nos. 93 -949, 99 -1576, and 2002 -2040. The motion carried by unanimous voice vote. D. Consider an Ordinance Deleting Section 10.04.120, Vehicles for Sale, of Chapter 10.04 of Title 10 of the Municipal Code. Staff Recommendation: Introduce Ordinance No. 300 for first reading. Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mr. Montes read the title of Ordinance No. 300. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to waive further reading of Ordinance No. 300 and introduce Ordinance No. 300 for first reading. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: MOTION: Mayor Hunter moved and Councilmember Parvin seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California Page 9 W N January 21, 2004 Consider Approval of Minutes of Special Meeting of December 17, 2003. Consider Approval of Minutes of Special Meeting of January 7, 2004. Staff Recommendation: Approve the minutes. Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - January 7, 2004. Manual Warrants Voided Warrant Payroll Liability Warrants 114849 - 114850 & $ 2,600.00 114885 $ (0.00) 114844 - 114848 & $ 2,574.65 114851 - 114855 $ 2,589.00 Regular Warrants 114856 - 115000 & $ 723,537.89 Staff Recommendation: Approve the warrant register. Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - January 21, 2004. Manual Warrants Voided Warrant Payroll Liability Warrants 115001 - 115005 & $ 47,216.26 $ (0.00) 115006 - 115010 $ 2,728.78 Regular Warrants 115011 - 115100 & $ 42,486.66 115101 - 115119 $ 733,226.90 Staff Recommendation: Approve the warrant register. D. Consider Letter of Promulgation Adopting Multihazard Functional Plan. Staff Recommendation: Approve the Letter of Promulgation. E. Consider Directing the City Clerk to Accept Interest in Real Property for Human Services Complex. Staff Recommendation: Direct the City Clerk to accept an interest in real property described as Parcel "C" of Parcel Map 5426, on behalf of the City. Minutes of the City Council Moorpark, California Paqe 10 January 21, 2004 F. Consider Approval of Resolution Adopting a Revised Benefit Program for Management Employees and Rescinding Resolution No. 2002 -1951. Staff Recommendation: Adopt Resolution No. 2004 -2161. G. Consider Granting Additional Vacation Leave to City Manager, Senior Management Analyst- Emergency Services, and Assistant to City Manager (ATCM) /City Clerk. Staff Recommendation: Approve granting of additional vacation leave to the City Manager, Senior Management Analyst- Emergency Services, and ATCM /City Clerk consistent with the agenda report. H. Consider Notice of Completion for the 2003 Asphalt Overlay Project (Project 8011). Staff Recommendation: Accept the work as complete. I. Consider Resolution Establishing "No Parking Anytime" Zones on the Alley South of Flinn Avenue. Staff Recommendation: Adopt Resolution No. 2004 -2162. J. Consider Resolution Establishing "No Stopping Anytime" Zones on a Portion of Rolling Knoll Road. Staff Recommendation: Adopt Resolution No. 2004 -2163. K. Consider Approval of the Regular Meeting Schedule for City Council Standing Committees for Calendar Year 2004. Staff Recommendation: Approve Regular Meeting Schedule for 2004. 11. ORDINANCES: A. Consider Ordinance No. 298, an Ordinance of the Cit of Moorpark, California, Approving Zone Change No. 1998 -01 to Change the Zoning from RE -5 Acre (Rural Exclusive Five (5) Acre Minimum Lot Size) to RPD 1.62 (Residential Planned Development 1.62 Dwelling Units Per Acre) and Open Space (OS) on Approximately Seventy -two (72) Acres of Land, Located Along the East Side of Walnut Canyon Road (SR -23), North of Casey Road and Wicks Road South of the Ventura County Waterworks Property, on the Application of SunCal Companies, for Moorpark 150, LLC. Staff Recommendation: Declare Ordinance No. 298 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 298. Minutes of the City Council Moorpark. California Paae 11 January 21, 2004 MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive further reading, declare Ordinance No. 298 read for the second time and adopted as read. The motion carried by voice vote 4 -1, with Councilmember Mikos dissenting. B. Consider Ordinance No. 299, an Ordinance of the Cit of Moorpark, California, Adopting a Development Agreement Between the City of Moorpark and Moorpark 150, LLC, a Limited Liability Corporation (Generally Known as SunCal). Staff Recommendation: Declare Ordinance No. 299 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 299. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive further reading, declare Ordinance No. 299 read for the second time and adopted as read. The motion carried by voice vote 4 -1, with Councilmember Mikos dissenting. 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for Items 12.B. and 12.C. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adjourn to closed session for a discussion of Items 12.B. and 12.C. on the agenda. The motion carried by unanimous voice vote. The time was 8:16 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 (Subdivision (a) of Section 54956.9) The Committee to Preserve Historic High Street, an unincorporated association, and Cynthia Hollister vs. City of Moorpark and Moorpark City Council. The Council reconvened into closed session at 8:32 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, Minutes of the City Council Moorpark, California Paae 12 January 21, 2004 Assistant City Manager; Barry Hogan, Community Development Director; Brad Miller, City Engineer; David Bobardt, Planning Manager; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 10:10 p.m. Kueny stated four cases under Item 12.B, and Item were discussed, and ther( 13. ADJOURNMENT: Mayor Hunter adjourned t) ATTEST: Deborah S. Traffenst t City Clerk Mr. 12.C.