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
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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
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Moorpark, California Page 5 March 2, 2005
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• 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
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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.
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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
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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
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