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HomeMy WebLinkAboutMIN 2004 0317 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California March 17, 2004 A Regular Meeting of the City Council of the City of Moorpark was held on March 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 7:17 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; Captain Richard Diaz, Sheriff's Department; Assistant City Engineer, Walter Brown; David Bobardt, Planning Manager; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Consider Proclamation Declaring March 28 through April 3, 2004, as Boys and Girls Club Week. Mayor Hunter presented Don Moore, Moorpark Boys and Girls Club President and Alora Schott, Youth of the Year with a Proclamation declaring March 28 through April 3, 2004, as Boys and Girls Club Week. B. City Manager's Monthly Report. Mr. Kueny introduced Kenneth Gilbert, Public Works Director, who gave the monthly report. He provided Minutes of the City Council Moorpark, California Paqe 2 March 17, 2004 background information regarding Public Works activities including Counter Services, Field Operations, Fleet Maintenance, Contract Administration, Crossing Guard Program, Parking Enforcement Program, Stormwater Quality Program (NPDES), Capital Improvement Projects, and General Administration. Mr. Gilbert updated the Council on Capital Projects including going out to bid for traffic signal interconnect synchronization systems for Los Angeles Avenue and Tierra Rejada Road, which will help move traffic more efficiently and reduce pollution; going out to bid for the widening of Los Angeles Avenue near Beltramo Ranch Road and Maureen Lane, which will include a new traffic signal at Maureen Lane; design phase for widening Los Angeles Avenue to six lanes between Spring Road and Moorpark Avenue; right -of -way acquisition providing for the widening of the east side of Spring Road, south of Flinn Avenue and past New Los Angeles Avenue, to allow for construction of a median and bike lanes; conceptual design phase for the new Corporation Yard; out to bid for the Civic Center drive -way modifications; and the preliminary study for the rail trail will be ready soon. In response to Councilmember Millhouse, Mr. Gilbert stated the undergrounding of utilities along Tierra Rejada should be brought up during the budget process since it has not been programmed as an objective. 5. PUBLIC COMMENT: Ralph Mauriello, a Moorpark resident and Board Member of the Serenata Homeowners Association (Carlsberg Development) stated he had previously testified at a Council meeting where he had requested information about the name of the agency he could contact regarding the criteria they are using to determine the clearance required between the native vegetation and the homes in this development. He continued by stating due to the recent fires in Moorpark the Homeowners Association wants to petition the agency to increase the greenbelt buffer zone to a minimum of 150 -feet to provide more protection. Minutes of the City Council Moorpark. California Page 3 March 17, 2004 In response to Mayor Hunter, Mr. Mauriello stated he had been in contact with staff; however, he has not yet received the information he needs. In response to Mayor Hunter, Mr. Hogan stated staff has been researching a number of related issues associated with the Serenata Development with the responsible agencies, including the vernal pools; a preliminary report is in the review process; and he can provide the appropriate agency name and addresses to Mr. Mauriello this evening. Mr. Hogan further stated staff is looking at what the permits require for vegetation and maintenance of the vernal pools; and what responsibilities the Homeowners Association has in this regard. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:28 p.m. The City Council meeting reconvened at 7:39 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: None. 8. PUBLIC HEARING: None. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider the ShadvridQe Drive Buffer Zone Communit Park Joint Development Coordinating Committee. Staff Recommendation: Select two representatives to the Community Park Joint Development Coordinating Committee, direct staff to set a date for a Coordinating Committee meeting, and notify the other parties. Ms. Lindley gave the staff report. A discussion among the Councilmembers, City Attorney and staff followed, focusing on the function of the Joint Powers Agreement, which governs the Buffer Zone to provide for the funding, improvement and Minutes of the City Council Mooroark, California Paae 4 March 17, 2004 maintenance of the Park /Buffer Zone; the City has ownership and unilateral control over the gates on both sides of the Buffer Zone; the function of the Shadyridge Drive Buffer Zone Community Park Joint Development Coordinating Committee is in an advisory capacity to the City, County, and Neighborhood Council; the requirement for a yearly meeting of the committee; and the need to select two representatives to serve on the committee. Councilmember Mikos stated it would be beneficial to have the City Attorney study the language of the Joint Powers Agreement to make a determination on the interpretation of some of the clauses such as what coordination of efforts between the Committee, City, County, and Neighborhood Council would mean, as they relate to the park. Jarrod DeGonia, representing Supervisor Judy Mikels, stated the Supervisor supports staff's recommendation; and her purpose and goal is to ensure her constituents are represented in the discussion of the gate issue. Mayor Hunter stated a City Council agenda item should be scheduled to discuss the administration of the gates; and staff should schedule a separate meeting of the Shadyridge Drive Buffer Zone Community Park Joint Development Coordinating Committee. Councilmember Harper stated, in the spirit of cooperation and to be courteous, the neighbors to the west should be included in the discussion of the operation of the gates. CONSENSUS: It was the consensus of the Council to: 1) Appoint Mayor Hunter and Councilmember Harper to serve on the ad hoc Community Park Joint Development Coordinating Committee; 2) Direct staff to select the date for a committee meeting and provide notification to other parties; and 3) Direct staff to schedule a future agenda item to discuss the administration of the gates. B. Consider the Notice of County of Ventura Focused General Plan Update and the Notice of Preparation of a Subsequent Environmental Impact Report (EIR) for the Focused General Plan. Staff Recommendation: Direct staff as deemed appropriate. Minutes of the City Council Moorpark, California Pacae 5 March 17, 2004 Mr. Hogan gave the staff report. A discussion among the Councilmembers and staff focused on feedback and comments to be provided to the County including the lack of any information on the traffic impacts generated by the County's plans for the expansion of Port Hueneme; the lack of information on a Corridor Study related to State Route 118 (SR- 118) with alternatives such as expanding rail service by adding a second rail line; the need for an explanation of planned amendments to eliminate the Reserved Right -of -Way designations on the Transportation and Circulation Policies and Public Facilities Map on stamped page 13; the need for an explanation of the amendment to policy 3.1.2 -11 on stamped page 20, in regard to whether these are existing uses as well as new uses; the need to explain further what is meant on stamped page 28 -30 regarding community service sewage systems; the need to communicate that all the SR -118 road widening projects could have adverse affects on Moorpark; on stamped page 14 there are concerns regarding the widening of Moorpark Road from Santa Rosa Road to Moorpark city limits, the widening of Santa Clara Avenue from Oxnard city limits to SR -118, and the widening of Santa Rosa Road creating significant impacts to the city of Moorpark; the need to study potential impacts on those same roadways in regard to limits on trucks using them as alternate routes to U.S. Highway 101; the lack of any new goals with creative options such as expanding rail service instead of widening roadways; the need to double check the notation on stamped page 27 regarding water supply facilities in section 4.3.; and a need to use better language on stamped page 28 in regard to protection of groundwater in section 4.3.2 -1. Councilmember Millhouse stated it would be beneficial to reconvene a meeting of the Ad Hoc Committee for Development of Goals Pertaining to Reducing or Eliminating Truck Traffic on SR -118 through Moorpark. He suggested the Ad Hoc Committee could look at alternatives to mitigate increasing truck traffic due to the expansion of Port Hueneme and the widening of roadways; and return to Council with some information on alternatives, such as meeting with the City of Fillmore to discuss State Route 126 and a bypass Minutes of the City Council Moorpark, California Page 6 March 17, 2004 around their city to accommodate these additional trucks. Councilmember Mikos re- emphasized the need for alternative goals other than the widening of roadways through the Las Posas Valley; and stressed the need for long -term planning to get the people and goods off of roads. In response to Councilmember Parvin, Mr. Hogan stated staff had not attended the Public Workshop conducted earlier in the day; and changing the classification of a roadway would not change the level of service since certain structural changes in compliance with Caltrans standards would have to be accomplished in order to, for example, reclassify a highway to a thoroughfare. In response to Mayor Hunter, Ms. Benson stated there were no speakers. Councilmember Harper requested an agenda item to schedule a meeting with a representative from the Port Authority to address Council's concerns on why the County is interested in having foreign automobiles and goods off - loaded in Port Hueneme to be trucked through Moorpark, when they would be better served by using the Port of Los Angeles. CONSENSUS: It was the consensus of the Council to direct staff to forward their concerns and comments to the County regarding the Focused General Plan Update and the Notice of Preparation of a Subsequent Environmental Impact Report (EIR) for the Focused General Plan. C. Consider Resolution Authorizing the Ventura County Investment Pool for Deposit of City Funds. Staff Recommendation: Adopt Resolution No. 2004- Ms. Borchard gave the staff report. In response to Mayor Hunter, Ms. Borchard confirmed no other cities are currently participating in the investment pool. In response to Council questions, Ms. Borchard stated funds are typically released within 24 -hours of request; however there is a provision in the agreement Minutes of the City Council Moorpark, California Paae 7 March 17, 2004 allowing the County to take as long as 30 -days; and the County Treasury has always had the investment pool. Councilmember Harper stated they have a very good credit rating with Standards and Poors, he feels comfortable moving ahead; however, he finds it curious that the County does not market participation in the investment pool. Councilmember Millhouse stated that it would be good to research why other cities have chosen not to participate. Mr. Kueny stated the other nine cities can be surveyed and a report generated to Council for the meeting of April 7, 2004. In response to Mayor Hunter, Ms. Benson stated that there were no speakers. CONSENSUS: It was the consensus of the Council for this item to return on April 7, 2004, to allow staff to research time restrictions on withdrawals from the Investment Pool and to survey other cities on their lack of participation. 10. CONSENT CALENDAR: MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Special Meeting of March 3, 2004. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - March 17, 2004. Manual Warrants Voided Warrant 115490 113685 & 115615 & 115616 $ 39,429.09 $ (7,643.00) Payroll Liability 115607 - 115611 $ 2,645.28 Warrants Minutes of the City Council Moorpark, California Paae 8 March 17, 2004 Regular Warrants 115491 - 115606 & $ 51,479.87 115612 - 115632 $ 986,188.08 Staff Recommendation: Approve the warrant register. C. Consider Report of Annual Development Agreement Review, Established in Connection with West Pointe Homes, Located on the West Side of Walnut Canyon Road, Approximately 3,500 Feet North of Casey Road, on the Application of William Lyon Homes, Inc. Staff Recommendation: 1) Accept the Community Development Director's Report and recommendation, and find, on the basis of substantial evidence, that William Lyon Homes, Inc. has complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. D. Consider Report of Annual Development Agreement Review, Established in Connection with 43.32 Acres of Land Located West of Gabbert Road, North of the Westerly Extension of Poindexter Avenue (A -B Properties and Southern California Edison Company). Staff Recommendation: 1) Accept the Community Development Director's Report and recommendation, and find, on the basis of substantial evidence, that A -B Properties and Southern California Edison Company have complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete for Southern California Edison Company's Development Agreement and for A -B Properties' Development Agreement. E. Consider Rejection of Claim: Marco Cortes. Staff Recommendation: Reject the claim and direct staff to send a standard rejection letter to the claimant. F. Consider Request For Proposals to Provide Bus Excursion, Charter and Special Transit Services and Authorization to Advertise for Proposals. Staff Recommendation: Approve the Request for Proposal and authorize staff to advertise for receipt of the bids. 11. ORDINANCES: None. Minutes of the City Council Moorpark, California Page 9 March 17, 2004 12. CLOSED SESSION: Mr. Kueny requested that the City Council go into closed session for Items 12.B. (four cases), 12.D. 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. (four cases), 12.D. and 12.G. on the agenda. The motion carried by unanimous voice vote. The time was 8:30 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) D. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) 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 The Council reconvened into closed session at 8:38 p.m. following a short recess. 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 Mary Lindley, Community Services Director. Ms. Lindley left the meeting at 8:55 p.m. Mr. Hogan left the meeting at 9:03 p.m. The Council reconvened into open session at 9:15 p.m. Mr. Kueny stated that four cases under Item 12.B., and Items 12.D and 12.G. were discussed and there was no action to report. Minutes of the City Council Moorpark, California Page 10 March 17, 2004 13. ADJOURNMENT: Mayor Hunter adjourned the ATTEST: ,- DIV� I Deborah S. Traffenste City Clerk