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HomeMy WebLinkAboutMIN 2005 0302 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California March 2, 2005 A Regular Meeting of the City Council of the City of Moorpark was held on March 2, 2005, 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: John Brand, Senior Management Analyst, 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; Brad Miller, City Engineer; Captain Richard Diaz, Sheriff's Department; John Brand, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: None. 5. PUBLIC COMMENT: Ronald Schnoebelen, a Moorpark resident, spoke about the need for a noise /pollution barrier wall to protect the residents of the Regal condominium complex on Los Angeles Avenue. Minutes of the City Council Moorpark, California Page 2 March 2, 2005 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Hunter requested Item 9.A. be heard prior to Item 8.A. to accommodate the guest speaker from Metrolink. CONSENSUS: It was the consensus of the Council to hear Presentations /Action /Discussion Item 9.A. prior to Public Hearing Item 8.A. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos requested staff check on the timing of the traffic signal at Moorpark and Poindexter Avenues as only one car per green light is allowed to proceed. Councilmember Mikos, a member on the Santa Monica Mountains Conservancy (SMMC) Advisory Board, reported on several SMMC projects. Councilmember Millhouse complimented Planning staff on the attractive shopping center at the corner of Los Angeles Avenue and Spring Road. Councilmember Parvin complimented staff on the informative articles in the spring edition of the Moorpark City Newsletter and Recreation Guide. Councilmember Parvin announced the Moorpark Boys and Girls Club is sponsoring a "Viva Las Vegas" fundraiser on April 16th. Councilmember Parvin requested a report or future agenda item on the challenges faced due to new State legislation that conflicts or constrains the ownership of affordable housing. AT THIS POINT in the meeting Item 9.A. was heard. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Metrolink Presentation. Staff Recommendation: Hear presentation by David Solow. Mr. Brand introduced David Solow, Chief Executive Officer of Metrolink, the Southern California Regional Rail Authority, who gave a presentation on the recent train accident of January 26 and discussed measures Minutes of the City Council Moorpark, California Page 3 March 2, 2005 under consideration for improving the safety of rail travel. Councilmember Harper gave a presentation showing simulations performed at Moorpark College in his physics lab, replicating the Metrolink accident and with the locomotive engine rather than a cab car in the front position. AT THIS POINT in the meeting the agenda continued with Item 8.A. 8. PUBLIC HEARINGS: A. Consider General Plan Amendment No. 2003 -02, Zone Change No. 2003 -02, Vesting Tentative Tract No 5425, and Residential Planned Development (RPD) No 2003 -02, a Request to Subdivide Approximately 15 Acres for Condominium Purposes to Develop 102 Duplex-Style and Detached Condominium Dwellings and a Recreation Facility, Located at the Terminus of Fremont Street, South of Los Angeles Avenue (Hwy 118) and East of Majestic Court, on the Application of Shea Homes, Inc. Staff Recommendation: Open the public hearing, take public testimony, and continue the item, with the public hearing open, to the meeting of April 6, 2005, to coincide with the consideration of the Development Agreement. Mr. Hogan gave the staff report. Jeff Palmer, representing Shea Homes, 30699 Russell Ranch Road, Westlake Village, California, spoke about meetings with Fremont residents; and Shea Homes' general concurrence with the project conditions. Romayne Hawkinson, a Moorpark resident spoke in regard to the wall between Fremont Street residents and the new development; setback requirements on his property; and access issues from Los Angeles Avenue to Fremont Street. CONSENSUS: It was the consensus of Council to defer the determination for pedestrian access to Fremont Street from Los Angeles Avenue until after further negotiations between the developer and residents. Minutes of the City Council Moorpark, California Page 4 March 2, 2005 MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to continue the item, with the public hearing open, to April 6, 2005, to coincide with the consideration of the Development Agreement. The motion carried by unanimous voice vote. The City Council meeting was recessed at 8:58 p.m. and reconvened at 9:13 p.m. with agenda Item 9.B. 9. PRESENTATION /ACTION /DISCUSSION: B. Consider Status Report on Mission Statement, Priorities, Goals and Objectives for Fiscal Year 2004/2005 and Direction for Fiscal Year 2005/2006. (continued from February 16, 2005) Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny gave the staff report. Councilmember Mikos had the following suggestions /questions: • Revisit the truck scale objective to limit truck traffic on Los Angeles Avenue based upon health issues, using documentation of the number of visits to the Flory School nurse due to asthma attacks or other respiratory complaints, which did not result in absenteeism. • On stamped pages 142 and 143 of the agenda report, elevate Potential Objective Nos. 14, 23, 30, 33, 34, 36, 37, 38, 39 including Port Hueneme, and 40 to the main list. • On stamped page 141 of the agenda report, remove No. 8. from the Potential Objective List since technology has changed. • On stamped page 139 of the agenda report, is Item D.4. the same CIP item that was before Council on February 16. Mr. Kueny concurred and stated it will be a completed item in the final report. • On stamped page 139 of the agenda report, elevate Item G.17. to the Top 10 Priority list since construction of the Police Service Center will be coming off that list; and possibly add "and Minutes of the City Council Moorpark, California Page 5 March 2, 2005 prioritize, plan improvements ". Also any other things t Drainage Plan which during the last rain the County. and cor expand this hat relate may have storms such istruct needed item to include to the Master been discovered as working with • On stamped page 135 of the agenda report, Item B.1. concerning day laborers should go with Top 10 Priority No. 7. for the Human Services Complex; and add an asterisk. • On stamped page 123 of the agenda report, Item D.7. relates to Top 10 Priorities 8. and 9. for business potential and also for restoration in the Arroyo. • On stamped page 119 Objective G.20. relates made regarding seeking USC. of the agenda report to earlier comments she assistance from SMMC and • On stamped page 113 Objective C.4. (and any other locations in the document), the reference to Los Angeles Avenue East of Condor Drive should be corrected to read Princeton Avenue. Councilmember Millhouse stated in regard to the Underground Utility District mentioned on stamped page 139 of the agenda report and elsewhere in the document, he would like efforts concentrated on undergrounding the utility lines along Tierra Rejada Road since it is a gateway to the City. Mayor Hunter recommended making Councilmember Millhouse's suggestion a part of the median improvements for Tierra Rejada Road from Spring Road to the easterly City limits; and to come up with an improvement plan that does not require ongoing support. Mayor Hunter requested staff evaluate the feasibility of constructing a 100 -foot raised median at or near the controlled rail crossings in the City to improve safety along the rail and prevent cars from traversing onto the tracks. Minutes of the City Council Moorpark, California Page 6 March 2, 2005 Councilmember Parvin requested the following: • On stamped page 115 of the agenda report, add to Item. E.1., the Boys and Girls Club's need for an expanded site. • On stamped page 124 of the agenda report, add to Item D., the use of the new marketing materials developed for the City to attract new business. • On stamped page 137 of the agenda report, add a graffiti abatement program to Item E. • On stamped page 141 of the agenda report, correct Item 10. to read Arroyo Drive. Councilmember Harper requested Item 29. on stamped page 143 of the agenda report, be moved to the main list and the wall at Spring Road and Los Angeles Avenue be added for masonry treatment and new plantings. Mr. Kueny stated he will prepare this document in legislative format to be presented at the same time as budget submittal. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. CONSENSUS: It was the consensus of the Council to incorporate their recommendations and edits for submittal in legislative format at a future meeting to be scheduled along with consideration of the 2005/2006 budget. C. Consider Proposed Development Agreement Between Shea Homes Limited Partnership and City of Moorpark Pertaining to Vesting Tentative Tract No 5425. Staff Recommendation: The City Council Ad Hoc Committee and staff recommend referral of proposed Development Agreement to the Planning Commission and the setting of Council public hearing for April 6, 2005. Mr. Kueny gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Minutes of the City Council Moorpark, California Paae 7 March 2, 2005 MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion recommending referral of the proposed Development Agreement to the Planning Commission and the setting of Council public hearing for April 6, 2005. The motion carried by unanimous voice vote. D. Consider Proposed Bylaws and Legislative Aaenda for Ventura County Council of Governments. Staff Recommendation: Discuss Draft Bylaws and Draft Legislative Agenda and provide comments to staff for transmittal to VCOG. Mr. Riley gave the staff report. Mayor Hunter, as Chair of VCOG, provided background information on the goal to keep these documents as broad as possible for use by the ten city members and the County of Ventura. Councilmember Mikos made the following suggestions for the Legislative Agenda: • On stamped page 210 of the agenda report, eliminate Section IX. regarding labor relations to avoid controversy and /or arguments. • On stamped page 211 of the agenda report, eliminate Item D. of Section IX. regarding contracting for services to avoid the perception of elimination of jobs. • On stamped page 209 of the agenda report, add to Item F.1. "enhancement" of natural resources. • On stamped page 209 of the agenda report, broaden Item F.2. to add "protection of regional ground water resources and water sheds ". • On stamped page 208 Section V. Item F. and safety ". • On stamped page 208 Section VI. Item environmental qualit of the agenda report, add to "without compromising health of the agenda report, add to A. "without compromising y standards ". Minutes of the City Council Moorpark, California Pacae 8 March 2, 2005 • On stamped page 208 of the agenda report, reword Section VI. Item C.S. to make it more understandable. • On stamped page 206 of the agenda report, eliminate or reword Section II. Item C. to make sure legislation "is not at the expense of mass transit ". • Throughout the document, cities, municipalities, and counties should be listed consistently. Councilmember Harper made the following suggestions for the Legislative Agenda: • On stamped page 207 of the agenda report, correct Section III Item E. to read "Navy Base Ventura County" to take into consideration the Point Mugu facility. Councilmember Parvin made the following suggestions for the Legislative Agenda: • On stamped page 201 of the agenda report, rewrite Article V Item C. • On stamped page 202 of the agenda report, eliminate Article VII Item A.1. • On stamped page 207 of the agenda report, enhance Section V. Item A. or add another Item between Items A. and B. to indicate opposition to legislation that hinders a city's ability to keep affordable homes in the hands of needy families. • On stamped page 210 of the agenda report, Section IX. Item B. should remain in the document. Mayor Hunter stated Section IX. concerning Labor Relations, on stamped page 210 of the agenda report, should remain in the document to gauge the support or opposition from other cities. Councilmember Mikos recommended Article VII Item B.4. on stamped page 203 of the agenda report, should Minutes of the City Council Moorpark, California Page 9 March 2, 2005 include "Special meetings may also called by a majority of the administrative committee members ". In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. CONSENSUS: It was the consensus of the Council to direct staff to provide VCOG with Council suggestions for streamlining and clarifying the documents and to bring back the final documents after VCOG'S meeting on March 10, 2005. E. Consider Changes to the Street Sweeping Schedule, the Related Parking Restrictions and Parking Permit Issuance Policies and Procedures. Staff Recommendation: Staff and the Transportation and Streets Committee recommend Council direct staff to implement the program changes described in the agenda report. Mr. Gilbert gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to direct staff to implement the program changes described in the agenda report. The motion carried by unanimous voice vote. F. Consider Contract vs. In -House Street Sweepin Services. Staff Recommendation: Continue with contract street sweeping services. Mr. Gilbert gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to continue with contract street sweeping services. The motion carried by unanimous voice vote. G. Consider Establishment of a Library Services Ad Hoc Committee. Approve the establishment of a Library Ms. Lindley gave the staff report. Minutes of the City Council Moorpark, California Paae 10 March 2, 2005 In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to appoint Councilmembers Harper and Mikos to serve on the Library Services Ad Hoc Committee The motion carried by unanimous voice vote. H. Consider Scheduling of Joint City Council /Parks and Recreation Commission and Joint City Council/ Planning Commission Meetings. Staff Recommendation: Direct staff as deemed appropriate. Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. CONSENSUS: It was the consensus of the Council to schedule the Joint City Council /Parks and Recreation Commission and Joint City Council /Planning Commission meetings for April 27, 2005, for 7:00 p.m. and 8:00 p.m. respectively. I. Consider Ordinance Adding Section 10 04 205 to the Municipal Code Pertaining to the Parking of Oversized Vehicles. Staff Recommendation: Waive full reading and introduce Ordinance No. 311 for first reading; and schedule second reading for March 16, 2005. Captain Diaz gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mr. Montes read title of Ordinance No. 311. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive full reading, and declare Ordinance No. 311 read for the first time. The motion carried by unanimous voice vote. J. Consider Action Minutes for City Council Meetings and Records Retention for Electronic Meeting Recordings, Including Web -Site Archives. Staff Recommendation: 1) Direct staff to bring back a resolution revising the Council Rules of Procedure for Council Meetings to include direction on preparation of action minutes; Minutes of the City Council Moorpark, California Page 11 March 2, 2005 and 2) Direct staff to return with a revised Records Retention policy for electronic meeting recordings. Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to: 1) Direct staff to bring back a resolution revising the Council Rules of Procedure for Council Meetings to include direction on preparation of action minutes; and 2) Direct staff to return with a revised Records Retention policy for electronic meeting recordings. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of October 6, 2004. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2004 -2005 - March 2, 2005. Manual Warrants Voided Warrant Payroll Liability Warrants Regular Warrants 118509- 118513 118449 & 118489 118606 - 118610 118514 - 118605 & 118611 - 118634 $ 27,851.43 $ (7,072.12) $ 1,780.75 $ 59,117.77 $ 201,602.79 Staff Recommendation: Approve the warrant register. C. Consider Approval of Consultant Traffic Signal Design /Operations Management Services and Resolution Amending the Fiscal Year 2004/05 Budget to Fund Same (Gas Tax Fund 2605). Staff Recommendation: 1) Authorize staff to retain an engineering consultant to Minutes of the City Council Moorpark, California Paqe 12 March 2, 2005 provide traffic signal operations monitoring services to the City; and 2) Adopt Resolution No. 2005 -2294. ROLL CALL VOTE REQUIRED D. Consider Authorization of Recordation of the Notice of Completion for the Metrolink Landscape Improvement Project. Staff Recommendation: Authorize the City Clerk to file the Notice of Completion, release of the balance of payment thirty -five days after Notice of Completion records, and release of bonds consistent with the contract. E. Consider 2003 Annual AB 939 Solid Waste Diversion Report to the Integrated Waste Management Board. Staff Recommendation: Receive and file the report. F. Consider Aareement for Direct Cable Installation for the Police Services Center. Staff Recommendation: Award contract to Digital Telecommunications Corporation for their low bid of $59,308 and authorize the City Manager to execute contract for the work. G. Consider Continuation of Local Emergency. Staff Recommendation: Continue the proclamation of a local emergency. H. Consider Resection of Amended Governmental Tort Claim: Harvey and Linda Plaks, Individually, and as Trustees of the Harvey and Linda Plaks' Trust. Staff Recommendation: Reject the Amended Claim and direct staff to send a standard rejections letter to the claimants. I. Consider Authorizing Amendment of a Contract with BonTerra Consulting for the Preparation of an Environmental Impact Report (EIR) and Related Documents for the North Park Village and Nature Preserve Specific Plan Project. Staff Recommendation: Authorize the City Manager to negotiate and enter into an amendment to the professional services agreement with BonTerra Consulting for the environmental services included in the January 27, 2005 proposal, at a cost not to exceed $183,212.53, upon receipt of payment from the project applicant, including the City administrative fee. Minutes of the City Council Moorpark, California Page 13 March 2, 2005 J. Consider Report of Annual Development Agreement Review: A) 34.5 Acres of Land Located West of Gabbert Road North of the Union Pacific Railroad Right -of -Way (A -B Properties); and B) 9.0 Acres of Land Located West of Gabbert Road North of the Union Pacific Railroad Right -of -Way (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 their respective agreements with the City; 2) Deem the annual review process complete for A -B Properties' Development Agreement; and 3) Deem the annual review process complete for Southern California Edison Company's Development Agreement. K. Consider Resolution Rescinding Resolution No. 2005- 2282 Pertaining to Establishment of a New Stormwater Quality Property- Related Fee. Staff Recommendation: Adopt Resolution No. 2005 -2295. ROLL CALL VOTE REQUIRED 11. ORDINANCES: None. 12. CLOSED SESSION: None was held. 13. ADJOURNMENT: MOTION: Councilmember seconded a motion to adj voice vote. The time was ATTEST: �� __/ S, I.n Deborah S. Traffens dt City Clerk 1 1 • nbIr Parvin y unanimous yor