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
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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.
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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
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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.
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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
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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
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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
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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.
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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.
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Moorpark, California Page 10 March 17, 2004
13. ADJOURNMENT:
Mayor Hunter adjourned the
ATTEST:
,- DIV�
I
Deborah S. Traffenste
City Clerk