Loading...
HomeMy WebLinkAboutMIN 2005 0316 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California March 16, 2005 A Regular Meeting of the City Council of the City of Moorpark was held on March 16, 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 7:10 p.m. 2. PLEDGE OF ALLEGIANCE: Steven Kueny, 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; Brad Miller, City Engineer; Captain Richard Diaz, Sheriff's Department; David Bobardt, Planning Manager; Laura Stringer, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Introduce New City Employee, Michael Nisito, Public Works Superintendent. Mayor Hunter introduced new City employee, Michael Nisito, Public Works Superintendent. B. City Manager's Monthly Report. Ms. Lindley, Community Services Director, gave the monthly report. I Minutes of the City Council Moorpark, California Page 2 March 16, 2005 5. PUBLIC COMMENT: Gerald Goldstein spoke in regard to audio problems with the chamber sound system; enforced cleanup of his property; and a Catholic Charities event honoring Rubin Castro. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:26 p.m. The City Council meeting reconvened at 7:28 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Parvin requested Item 10.C. be pulled from the Consent Calendar for individual consideration. CONSENSUS: It was the consensus of the Council to pull Item 10.C. from the Consent Calendar for individual consideration. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter announced the passing of James Hartley, former Parks and Recreation Commissioner, Planning Commissioner, and Councilmember. Councilmember Parvin announced the U.S. Department of Fish and Game and USDA Wildlife Services have arrested the owners of the tiger, which perished in Moorpark. Councilmember Parvin announced the American Cancer Society "Relay for Life" will be held on April 30. Councilmember Parvin complimented the Community Services Department for the success of their Volunteer Appreciation Event. Councilmember Harper welcomed the "Do It Center" to Moorpark. Councilmember Millhouse announced the American Diabetes Association's first annual bike ride. Councilmember Mikos announced attending the opening of Moorpark's Little League Baseball. Minutes of the City Council Moorpark, California Page 3 March 16, 2005 8. PUBLIC HEARINGS: A. Consider General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01, and Zone Change No. 2001 -02, for 1,650 Housing Units on 3,586.3 Acres Located Generally North of Moorpark College and State Route 118 on Land Immediately Outside City of Moorpark Municipal Boundaries. Applicant: North Park Village, LP. (Continued from January 19, 2005) Staff Recommendation: 1) Continue to take testimony in the open public hearing; and 2) Continue the agenda item with the hearing open to April 20, 2005. Mr. Bobardt gave the staff report. Mayor Hunter stated the public hearing remains open. Kim Kilkenny, representing North Park Village, 680 Walnut Street, Moorpark, stated they support staff's recommendation and responded to Council questions regarding outstanding issues. Susan Nardi spoke in opposition to the project citing traffic concerns, loss of natural habitat, and grading. She referenced a neighborhood petition signed by 51 residents in opposition and a misleading article in the Acorn indicating the Moorpark Unified School District approved the project. Mark Cheek spoke in opposition to the project citing concerns regarding infrastructure, school capacity, and traffic. Pat Miranda spoke in opposition citing traffic issues. Louis Masry commented on the importance of bringing the best project to the voters, school district funding issues, and the need to address issues. Diane Galvin asked the Council to move forward to bring the project to the voters. David Bagwell spoke in support of the project citing mitigated issues, open space for animals, road improvements, and a new housing supply. Minutes of the City Council Moorpark, California Page 4 March 16, 2005 Patricia Perdigao spoke in opposition to the project citing concerns regarding Valley Fever. Lina Santelli spoke in support of the project citing needed housing, more services, and a beautiful plan. Tim Saivar spoke in opposition to the project citing unresolved issues of traffic, the tax base situation, and uncertainty of land purchase for the freeway interchange. Ray Kallaher had comments on traffic issues and the need for more homes for future generations. Steve Nardi spoke in opposition to the project due to loss of open space and wilderness habitat; traffic; school bus stop location; tax issues; and impacts to water, police and school services. Randy Griffith spoke in opposition to the project citing environmental issues. Suzanne Wilson spoke in opposition to the project citing traffic issues, the need for another high school not an elementary school, and the applicant's telephone poll. In response to Mayor Hunter, Ms. Traffenstedt stated there are 35 Written Statement Cards, with 26 in favor and 9 in opposition with one including the referenced petition opposing the project. She stated the Council would receive copies. Mr. Kilkenny clarified certain issues brought out in the public testimony and answered Council questions. Mr. Kueny suggested recommending referral of the North Park Development Agreement to the Planning Commission. MOTION: Councilmember Millhouse moved to continue the open public hearing to April 20, 2005, and directed staff to schedule Development Agreement referral to the Planning Commission for April 20, 2005. Councilmember Mikos requested staff provide a summary of the different options that may appear as ballot issues. Minutes of the City Council Moorpark, California Page 5 March 16, 2005 AMENDED MOTION: Councilmember Millhouse moved to amend the motion and Councilmember Parvin seconded the amended motion to continue the open public hearing to April 20, 2005, directing staff to schedule the North Park Development Agreement for referral to the Planning Commission and provide a summary of the different options that may appear as ballot issues. The motion carried by unanimous voice vote. B. Consider Resolutions Continuing Public Hearings Concerning the Formation of Community Facilities District No. 2004 -1 (Moorpark Highlands) and Community Facilities District No. 2004 -2 (Moorpark Vistas) to April 20, 2005. (continued from February 16, 2005, with public hearing open) Staff Recommendation: 1) Continue to take testimony in the open public hearings; and 2) Adopt Resolutions Nos. 2005 -2296 and 2005 -2297 continuing the open public hearings to April 20, 2005. Mr. Riley gave the staff report. Mayor Hunter stated the public hearing remains open. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to adopt Resolutions Nos. 2005- 2296 and 2005 -2297 continuing the open public hearings to April 20, 2005. The motion carried by unanimous voice vote. C. Consider Allocation of Community Development Block Grant (CDBG) Funds ($186,292) for Fiscal Year (FY) 2005/2006. (continued from February 16, 2005, with public hearing closed) Staff Recommendation: Authorize the allocations recommended by the Budget and Finance Committee and staff from FY 2005/2006 CDBG funds as described in the agenda report. Ms. Stringer gave the staff report. Mayor Hunter stated the public hearing remains closed. Minutes of the City Council Moorpark, California Page 6 March 16, 2005 Councilmember Harper recommended seeking legislators' support for changes in the Block Grant regulations to allow cities and counties to move money between categories so money allocated, for example, to public improvements could be moved into the public service area. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to authorize the allocations recommended by the Budget and Finance Committee and staff from FY 2005/2006 CDBG funds as described in the agenda report; and directed staff to send a letter to legislators, signed by the Mayor, supporting changing legislation to allow local agencies flexibility on how funds may be spent between the different CDBG categories. The motion carried by unanimous voice vote. AT THIS POINT in the meeting the Council recessed. The time was 9:27 p.m. The meeting reconvened at 9:36 p.m. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Underground Utility Project Priorities. Staff Recommendation: Direct staff as deemed appropriate. Mr. Gilbert gave the staff report. Mayor Hunter recommended sending the report to the Public Works Committee to begin to pare down the list and provide priorities based on all circumstances such as funding and impacts to the various zones. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to refer this item to the Public Works, Facilities and Solid Waste Committee. The motion carried by unanimous voice vote. B. Consider Reassignment of Certain Departmental Responsibilities, Changes to Certain Department Names, Changes to Certain Positions, Creation of Five New Position Classifications and Addition of Two Positions. Staff Recommendation: Approve the recommended changes as contained in the agenda report Minutes of the City Council Moorpark, California Paqe 7 March 16, 2005 and direct staff to return with revisions to the Classification Plan and General Fund appropriations. Mr. Kueny 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 approve the recommended changes as contained in the agenda report and direct staff to return with revisions to the Classification Plan and General Fund appropriations. The motion carried by unanimous voice vote. C. Consider Resolution Amending the Salary Plan for Competitive Service, Non - Competitive Service, and Hourly Employees and Rescinding Resolution No. 2004- 2221. Staff Recommendation: Adopt Resolution No. 2005 -2298. Ms. Traffenstedt gave the staff report. In response to Councilmember Parvin, Mr. Kueny stated staff could change the title of Code Enforcement Officer to Code Compliance Officer even though the new Classification Plan has not yet been adopted. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2005 -2298, amending the Salary Plan for Competitive Service, Non - Competitive Service, and Hourly Employees, as further amended, to change Code Enforcement Officer to Code Compliance Officer and rescinding Resolution No. 2004 -2221. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to approve the Consent Calendar with the exception of Item 10.C., which was pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of Warrant Register for Fiscal Year 2004 -2005 - March 16, 2005. 1 Minutes of the City Council Moorpark, California Manual Warrants Voided Warrant Page 8 118635 - 118641 118570 & 118596 & 118750 March 16, 2005 $ 70,584.52 $ (162.00) Payroll Liability 118764 - 118768 $ 1,780.75 Warrants Regular Warrants 118642 - 118748 & $ 46,830.34 118749 - 118763 $1,386,988.37 Staff Recommendation: Approve the warrant register. B. Consider Resolution Amending the Fiscal Year 2004/05 Budget to Provide Additional Funding for Certain Capital Improvement Projects (8013 -Los Angeles Avenue Widening: Spring Road to Moorpark Avenue; 8037 -Flinn Avenue Realignment; and 8053 -Civic Center Driveway). ROLL CALL VOTE REQUIRED Staff Recommendation: Adopt Resolution No. 2005 -2299, amending the FY 2004/05 budget. D. Consider Continuation of Local Emergency. Staff Recommendation: Continue the proclamation of a local emergency. E. Consider Final Approval of the Seven -Year Capital Improvement Program (CIP) for Streets and Roads. Staff Recommendation: Approve the FY 2004/05 - FY 2010/11 Capital Improvement Program for Streets and Roads. F. Consider Resolution Authorizing Application for Workforce Housing Reward Grant and Authorizing City Manager to Execute All Documents Required to Participate in Program. Staff Recommendation: Adopt Resolution No. 2005 -2300. G. Consider Approval of the Conceptual Design for the Landscaping to be Installed in the Tierra Rejada Road Median East of Spring Road. Staff Recommendation: Approve the design concept described in the agenda report. Minutes of the City Council Moorpark, California Paae 9 March 16, 2005 H. Consider Awarding a Contract for the Construction of a Sub -Drain on Little Hollow Place. Staff Recommendation: Approve the award of a construction contract to Dial Construction, Inc. for the construction of the subject project and Resolution No. 2005 -2302, amending the FY 2004/05 budget to establish project 8062 for the construction of the project. ROLL CALL VOTE REQUIRED The following item was pulled for individual consideration. C. Consider Resolution Adopting Revised Rules of Procedure for Council Meetings and Rescinding Resolution No. 2003 -2102. Staff Recommendation: Adopt Resolution No. 2005 -2301. In response to Councilmember Parvin, Ms. Traffenstedt clarified the change requested to the procedures to be followed for taking a roll call vote. Councilmember Harper requested the word "would" be changed to "will" at the bottom of stamped page 138 in the footnote. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2005 -2301 revising the Rules of Procedure for Council meetings, as amended, and rescinding Resolution No. 2003 -2102. The motion carried by voice vote 4 -1, with Councilmember Parvin dissenting. 11. ORDINANCES: A. Consider No. 311, an Ordinance of the City of Moorpark, California, Adding Section 10.04.205 to the Moorpark Municipal Code Pertaining to the Parking of Oversized Vehicles. Staff Recommendation: Waive full reading and declare Ordinance No. 311 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 311. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to waive full reading of Ordinance No. 311, declare Ordinance No. 311 read for the second time and adopted as read. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Paqe 10 March 16, 2005 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for Item 12.B. (two cases) on the agenda. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to adjourn to closed session for a discussion of two cases under Item 12.B. on the agenda. The motion carried by unanimous voice vote. The time was 10:05 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) The Council reconvened into closed session at 10:10 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, Assistant City Manager; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; and Deborah Traffenstedt Assistant to City Manager /City Clerk. The Council reconvened into open session at 10:15 p.m. Mr. Kueny stated that one case under Item 12.B. was discussed and there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned at :15 m. in memory of James Hartley, former Parks an Recreatio Commis ' er, former Planning Commissioner, former Cit Co 1 en}]6er, and former long time Moorpa resident. 7 Mayor ATTEST: Deborah S. Traffenste City Clerk