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HomeMy WebLinkAboutMIN 2005 0406 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California April 6, 2005 A Regular Meeting of the City Council of the City of Moorpark was held on April 6, 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 7:14 p.m. 2. PLEDGE OF ALLEGIANCE: Scott Mosher, Executive Director or the Moorpark Boys and Girls Club, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Parvin, and Mayor Hunter. Absent: Councilmember Millhouse. 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; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Introduce New City Employee, Ruth Burris, Account Technician II. Mayor Hunter introduced new City employee, Ruth Burris, Account Technician II. B. Proclamation Recognizing the Moorpark Boys and Girls Club's 20th Anniversary and Announcing April 3 through April 9, 2005 as Boys and Girls Club Week. Minutes of the City Council Moorpark, California Paae 2 April 6, 2005 Mayor Hunter presented Scott Mosher, Executive Director for the Moorpark Boys and Girls Club with a proclamation recognizing the Moorpark Boys and Girls Club's 20th Anniversary. 5. PUBLIC COMMENT: Barry Thomas, representing Pen Pals for Soldiers, Inc., 2473 Atherton Court, Simi Valley, spoke about working in the community to send correspondence and care packages to troops on the front lines overseas. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:23 p.m. The City Council meeting reconvened at 7:37 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Hunter requested Item 10.E. be pulled from the Consent Calendar for individual consideration. CONSENSUS: It was the consensus of the Council to pull Item 10.E. from the Consent Calendar for individual consideration. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Parvin announced Santa Paula Chevrolet will be holding a car sale fundraiser for the Moorpark Boys and Girls Club April 9th -10th at Mission Bell Plaza. Councilmember Parvin announced the Moorpark Boys and Girls Club auction at the Moorpark Country Club on April 16th. Mayor Hunter announced a free compost and wood chip give- away on Saturday, May 7th at Arroyo Vista Community Park. Mayor Hunter announced the Emergency Medical Services Agency of Ventura County has begun their annual Drowning Prevention Campaign; and provided a phone number and websites where a list of various safety tips could be obtained. Mayor Hunter announced the United States Department of Justice has requested public information from the City of Moorpark concerning City Council elections for the past 20 years. The Department of Justice is responsible for insuring compliance with federal laws including the Federal Minutes of the City Council Moorpark, California Page 3 April 6, 2005 Voter Rights Act. The Department of Justice has not shared with the City the scope of its inquiry and we would not anticipate that they would share any information concerning their efforts until they have concluded their work. The City has cooperated and will continue to cooperate with the Department of Justice and its inquiries. The City supports the rights of all Moorpark voters and respects the efforts of any authority that seeks to insure and protect the rights of those same voters. 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. (Continued with public hearing open from March 2, 2005) Staff Recommendation: 1) Continue to take public testimony, and close the public hearing; 2) Adopt Resolution No. 2005 -2303, adopting a Mitigated Negative Declaration and approving General Plan Amendment No. 2003 -02; 3) Introduce Ordinance No. 312 for first reading to approve Zone Change No. 2003 -02. Schedule second reading and adoption for April 20, 2005; and 4) Adopt Resolution No. 2005 -2304, approving Vesting Tentative Map No. 5425 and RPD No. 2003 -02. Mr. Hogan gave the staff report. In response to Councilmember Mikos, Mr. Hogan stated Condition 21 on stamped page 64 of the agenda report would be corrected to read Rule 20.B. rather than Rule 210. In response to Councilmember Parvin, Mr. Hogan stated a Condition would be added to require property owner signatures acknowledging that certain roads may become public. Mayor Hunter stated the pubic hearing remains open. Minutes of the City Council Moorpark, California Paqe 4 April 6, 2005 Jeff Palmer, Shea Homes, 30699 Russell Ranch Rd, Westlake Village, stated they concur with the street redesign, and will work on the traffic signal construction timing. He stated they will provide the best cable technology to all homes; detailed drawings of the pedestrian access to Fremont Street from Los Angeles Avenue for approval by the Community Development Director; and a disclosure to buyers concerning D street and the street to the south potentially becoming a public street. In response to Mayor Hunter, Ms. Traffenstedt stated there is one Written Statement Card from Teresa Schmidt in opposition to Fremont residents being subjected to HOA restrictions and for the lack of access to Los Angeles Avenue. Mayor Hunter closed the public hearing. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to: 1) Adopt Resolution No. 2005 -2303, adopting a Mitigated Negative Declaration and approving General Plan Amendment No. 2003 -02; and 2) Adopt Resolution No. 2005 -2304, approving Vesting Tentative Map No. 5425 and RPD No. 2003 -02, as amended for Condition No. 21 and the addition of a Condition to disclose D Street and the street to the south as potential public roadways. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. Mr. Montes read the title of Ordinance No. 312. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to waive full reading of Ordinance No. 312, declare Ordinance No. 312 read for the first time, and to schedule second reading and adoption for April 20, 2005. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. B. Consider an Ordinance of the City of Moorpark for Proposed Development Agreement Between Shea Homes, Limited Partnership and City of Moorpark Pertaining to Vesting Tentative Tract No. 5425. Staff Recommendation: 1) Open the public hearing, take public testimony, and close the public hearing; and 2) Introduce Ordinance No. 313 for first reading and schedule second reading and adoption for April 20, 2005. Minutes of the City Council Moorpark, California Page 5 April 6, 2005 Mr. Kueny gave the staff report and made editorial changes to stamped pages 113 and 144 of the agenda report. Mayor Hunter opened the public hearing. Jeff Palmer, Shea Homes, 30699 Russell Ranch Road, Westlake Village, stated they are in agreement with the development agreement and the two editorial changes mentioned by Mr. Kueny Mayor Hunter closed the public hearing. Mr. Montes read the title of Ordinance No. 313. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to waive further reading of Ordinance No. 313, declare Ordinance No. 313, as amended, read for the first time, and schedule second reading and adoption for April 20, 2005. C. Consider an Amendment to Specific Plan No. 1995 -02 Relating to Development Standards for Specific Plan Area No. 2; Zoning Ordinance Amendment No. 2004 -05, a Request to Amend Chapter 17.74 of the Moorpark Municipal Code Relating to Development Standards for Specific Plan Area No. 2; and Residential Planned Development Permit Nos. 2004 -01, -02 and -03, for Construction of a Total of 102 Multiple- Family Residences, and 132 Single- Family Residences within Specific Plan Area No. 2, Located Approximately One - Half Mile North of the Northerly Terminus of Spring road and Three - Fourths of One Mile East of Walnut Canyon Road, on the Application of Pardee Homes. Staff Recommendation: 1) Open the public hearing, take public testimony, and close the public hearing; 2) Adopt Resolution No. 2005 -2305, approving an Amendment to Specific Plan No. 1995 -02 (Moorpark Highlands Specific Plan); 3) Introduce Ordinance No. 314 for first reading to approve Zoning Ordinance Amendment No. 2004 -05. Schedule second reading and adoption for April 20, 2005; and 4) Adopt Resolution No. 2005 -2306, approving Residential Planned Development Permit Nos. 2004 -01, 2004 -02, and 2004 -03, subject to Conditions of Approval. Minutes of the City Council Moorpark, California Paqe 6 April 6, 2005 Mr. Hogan gave the staff report. In response to Councilmember Parvin, Mr. Hogan stated a Condition would be added to require an acknowledgement from the buyers of certain horse - keeping lots indicating awareness the lots do not meet the side -yard setback requirements for vehicular access. In response to Councilmember Mikos, Mr. Hogan stated the trails, including the perimeter one along Area 8, will be disclosed as multipurpose trails and the dead end will require signage. Mayor Hunter opened the public hearing. Jim Bizzelle, Vice President of Community Development for Pardee Homes, 15109 Live Oak Spring Canyon Road, Santa Clarita, discussed completion dates for the development. He introduced Rick Carroll, with RBF Consulting, who explained proposed modifications to setbacks for Planning Areas 8 and 9. Loren Smets, Vice President of Architecture with Pardee Homes, spoke about the architecture of the units and the carport design for Planning Area 5. In response to Councilmember Harper, Marcus Cannon, Manager of LA Ventura Landscape, stated they could plant vines to cover the exterior of the carports and trees will be planted to provide shade canopy over carports. Mayor Hunter closed the public hearing. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to: 1) Adopt Resolution No. 2005- 2305, approving an Amendment to Specific Plan No. 1995 -02 (Moorpark Highlands Specific Plan); and 2) Adopt Resolution No. 2005 -2306, approving Residential Planned Development Permit Nos. 2004 -01, 2004 -02, and 2004 -03, subject to Conditions of Approval, as amended to include a disclosure to buyers regarding lack of vehicular access to certain horse properties; signage for multipurpose trails; and the addition of landscaping materials to the carports at the discretion of the Community Development Director. The Minutes of the City Council Moorpark, California Page 7 April 6, 2005 motion carried by voice vote 4:0, with Councilmember Millhouse absent. Mr. Montes read the title of Ordinance No. 314. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to waive further reading of Ordinance No. 314; declare Ordinance No. 314 introduced for first reading, and schedule second reading and adoption for April 20, 2005. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. D. Consider Withdrawal from the Ventura County Library System. Staff Recommendation: 1) Open the public hearing, take public testimony, and continue the open public hearing to May 4, 2005. Ms. Lindley gave the staff report. Mayor Hunter opened the public hearing. Cecilia Cuevas, Library Commission Member and Councilmember from the City of Fillmore, spoke in favor of equity for all members under the Memorandum of Understanding (MOU); and expressed appreciation of the situation the city of Moorpark is experiencing. Gilbert Bahn spoke in opposition to withdrawing from the Library Commission citing the City's lack of experience in running a library and no basis for amalgamation with the Moorpark College and Moorpark Unified School District libraries. Jean Tufts spoke in opposition citing loss of ability to trade books between member libraries. Kathleen Rathke spoke in opposition citing complex issues for careful consideration. Marilyn Ludwig, President of the Moorpark Friends of the Library, spoke in opposition to the pull -out and identified benefits of belonging to the County system. Lori Sherman voiced concerns about the loss of sharing County resources. Minutes of the City Council Moorpark, California Paae 8 April 6, 2005 Tracy Weymouth voiced concerns about needed improvements regardless of who runs the Moorpark Library. Mayor Hunter stated he recommends a consultant be retained to help the City get to the heart of the issue as action needs to taken by June 30 for withdrawal to take place by January 2006. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adjourn to closed session for discussion of this subject as one case under Item 12.B. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. The time was 9:49 p.m. 12. 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 City Council reconvened into closed session at 9:55 p.m., following a brief recess. Present in closed session were Councilmembers Harper, Mikos, Parvin, and Mayor Hunter. Also present were Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Mary Lindley, Community Services Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. Closed session ended at 10:15 p.m., and was followed by a recess. The City Council meeting reconvened at 10:30 p.m. Mayor Hunter stated that there was no action to report out of closed session and that the Council would continue with consideration of Item 8.D. In response to Mayor Hunter, Ms. Traffenstedt stated there are two Written Statement Cards in opposition from Rozanne Nielsen and Teresa Schmidt, both expressing similar concerns regarding the loss of obtaining resources from other member libraries. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to: 1) Direct staff to retain a consultant to study the scope of work and explore the facts and circumstances for withdrawal from the Library System in both monetary and service terms, provide information on transition costs and mechanism needed to transfer from County to Municipal service, and report back to Council by the first meeting in June; and 2) Continue Minutes of the City Council Moorpark, California Page 9 April 6, 2005 this item with public hearing open to June 1, 2005. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Reauest for Bids for Construction of the New Corporate Yard and Resolution Increasing the Funding for Project 8041. Staff Recommendation: 1) Approve plans and specifications for subject project and authorize staff to invite all Pre - Qualified contractors to submit bids for construction; and 2) Adopt Resolution No. 2005 -2307, amending the Fiscal Year 2004/05 Budget to increase funding for the project. ROLL CALL VOTE REQUIRED Mr. Gilbert gave the staff report and corrected the Total Appropriation amount on stamped page 225 to be $5,560,792. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to: 1) Approve plans and specifications for subject project and authorize staff to invite all Pre - Qualified contractors to submit bids for construction; and 2) Adopt Resolution No. 2005 -2307, amending the Fiscal Year 2004/05 Budget to increase funding for the project, as amended for the amount listed on stamped page 225 of the agenda report. The motion carried by roll call vote 4 -0, Councilmember Millhouse absent. B. Consider Resolution Amending the Classification Plan and Job Descriptions for Non - Competitive and Competitive Service and Hourly Employees and Rescinding Resolution No. 2002 -2042. Staff Recommendation: Adopt Resolution No. 2005 -2308, consistent with the agenda report. Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Parvin moved and Councilmember Harper seconded the motion to adopt Resolution No. 2005- 2308 and rescind Resolution No. 2002 -2402. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. Minutes of the City Council Moorpark, California Paqe 10 April 6, 2005 C. Consider the Establishment of an Ad -Hoc Committee to Develop a Draft Development Agreement Between Toll Brothers, Inc. and the City of Moorpark for General Plan Amendment No. 2003 -04, Zone Change No. 2003 -03, Tentative Tract Map Nos. 5463 and 5464, Residential Planned Development Permit No. 2003 -04, and Modification No. 6 to Residential Planned Development Permit No. 1994 -01. Staff Recommendation: Appoint two Councilmembers to an Ad -Hoc Committee. Mr. Hogan 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 appoint Councilmember Millhouse and Councilmember Parvin to serve on the Toll Brothers, Inc. Development Agreement Ad Hoc Committee. 10. CONSENT CALENDAR: MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to approve the Consent Calendar with the exception of Item 10.E. which was pulled for individual consideration. The motion carried by roll call vote 4 -0, Councilmember Millhouse absent. A. Consider Approval of Minutes of Regular Meeting of September 15, 2004. Consider Approval of Minutes of Regular Meeting of October 20, 2004. Consider Approval of Minutes of Regular Meeting of February 2, 2005. Consider Approval of Minutes of Regular Meeting of February 16, 2005. Consider Approval of Minutes of Regular Meeting of March 2, 2005. Consider Approval of Minutes of Special Meeting of March 16, 2005. Minutes of the City Council Moorpark, California Page 11 Staff Recommendation: Approve the minutes. ril 6, 2005 B. Consider Approval of Warrant Register for Fiscal Year 2004 -2005 - April 6, 2005. Manual Warrants Voided Warrant Payroll Liability Warrants 118769 - 118774 118775 - 118779 $ 68,167.83 $ (0.00) $ 1,780.75 Regular Warrants 118780 - 118896 & $ 72,753.80 118897 - 118915 $ 760,671.38 Staff Recommendation: Approve the warrant register. C. Consider Agreement Between the City of Moorpark and the City of Camarillo for Regular Monthly Household Hazardous Waste (HHW) Event Participation. Staff Recommendation: Approve the Agreement, subject to final language approval of the City Manager and City Attorney and authorize the Mayor to execute the Agreement. D. Consider Subdivision Bond Reduction for Richmond American Homes of California, Inc. (Tract 4977) . Staff Recommendation: 1) Authorize the City Clerk to reduce Subdivision Bond - Drainage Improvements (Performance /Labor & Materials) to 10o for Richmond American Homes of California, Inc. (Tract 4977); and 2) Authorize the City Clerk to fully exonerate the aforementioned sureties for Tract 4977 one year after this approval of the reduction of surety bond and upon written confirmation from the City Engineer that no warranty work is required. F. Consider Resolution Proclaiming the Termination of a Local Emergency and Rescinding Resolutions 2005 -2278 and 2005 -2279 Regarding the "2005 Winter Storms ". Staff Recommendation: Adopt Resolution No. 2005 -2310. G. Consider Rejection of Claim: John Wood, O.D. a Professional Corporation; John Wood, an Individual. Staff Recommendation: Reject the claim and direct staff to send a standard rejection letter to the claimants. Minutes of the City Council Moorpark, California Paqe 12 April 6, 2005 H. Consider Authorizing Submittal of a Beverage Container Recycling and Litter Reduction Act Grant Application for $9,535 to the California Department of Conservation Division of Recycling. Staff Recommendation: Approve grant application. I. Consider Mid -Year Budget Amendments to 2004/2005 Fiscal Year Budget. Staff Recommendation: Adopt Resolution No. 2005 -2311, amending the FY 2004/05 budget. ROLL CALL VOTE REQUIRED J. Consider Resolution Authorizing the Submittal of a Grant Renewal Application to the Ventura County Area Agency on Aging for Older Americans Act Title III -B Funds for Senior Center Support, and Authorizing City Manager to Sign All Related Agreements. Staff Recommendation: Adopt Resolution No. 2005 -2312. K. Consider Resolution Authorizing the Submittal of a Ventura County Area Agency on Aging Grant Application for Older Americans Act Title III -D for Disease Prevention and Health Promotion One-Time-Only Funds and Authorizing City Manager to Sign All Related Agreements. Staff Recommendation: Adopt Resolution No. 2005 -2313. L. Consider Resolution Authorizing the Submittal of a Ventura County Area Agency on Aging Grant Application for Older Americans Act Title III -D Funds for Disease Prevention and Health Promotion Services at Senior Centers and Authorizing City Manager to Sign All Related Agreements. Staff Recommendation: Adopt Resolution No. 2005 -2314. The following item was pulled for individual consideration: E. Consider Resolution Establishing a "No Parking of Oversized Vehicles" Zone on Flinn Avenue, Minor Street, Fitch Avenue, Lassen Avenue and Park Lane. Staff Recommendation: Adopt Resolution No. 2005 -2309. In response to Mayor Hunter, Mr. Gilbert stated the Resolution would need to cite a section in the Moorpark Municipal Code in order to authorize towing of violators. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to adopt Resolution No. 2005 -2309, as Minutes of the City Council Moorpark, California Page 13 April 6, 2005 amended to add towing authority at staff's discretion. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for Items 12.A, 12.B, 12.C, 12.D, and 12.E. on the agenda. Mr. Montes stated for the one case under Item 12.A., the facts and circumstances creating significant exposure to litigation, consist of numerous claims submitted in regard to the Calleguas Municipal Water District project on Los Angeles Avenue. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adjourn to closed session for a discussion of one case under Item 12.A, one case under Item 12.B, and Items 12.C, 12.D, and 12.E. on the agenda. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. The time was 10:44 p.m. A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) 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) C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Subdivision (a) of Section 54956.9 of the Government Code) The Committee to Preserve Historic High Street, an unincorporated association, and Cynthia Hollister vs. City of Moorpark and Moorpark City Council (Case No. SC037584) D. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Section 54957.6 of the Government Code) Agency Designated Representative: Steven Kueny Minutes of the City Council Moorpark, California Page 14 April 6, 2005 Employee Organization: Service Employees International Union, AFL -CIO, CLC, Local 998 E. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Section 54957.6 of the Government Code) Agency Designated Representative: Steven Kueny Unrepresented employees: Accountant I, Administrative Services Director, Assistant City Manager, Assistant to City Manager /City Clerk, Budget and Finance Manager, City Engineer, Community Development Director, Community Services Director, Information Systems Manager, Planning Manager, Principal Planner, Public Works Director, Public Works Superintendent, Recreation Manager, and Senior Management Analyst Present in closed session were Councilmembers Harper, Mikos, Parvin, and Mayor Hunter. Also present were Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Ken Gilbert, Public Works Director; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 11:25 p.m. Mr. Kueny stated one case under Item 12.A, one case under Item 12 . B, and Items 12.0 and 12.D were discussed and there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjournE ATTEST: Deborah S. Traffenste City Clerk