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HomeMy WebLinkAboutMIN 2005 0420 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California April 20, 2005 A Regular Meeting of the City Council of the City of Moorpark was held on April 20, 2005, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Pro Tempore Harper called the meeting to order at 7:17 p.m. 2. PLEDGE OF ALLEGIANCE: Steven Kueny, City Manager, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Mikos, Millhouse, Parvin, and Mayor Pro Tempore Harper. Absent: Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Mary Lindley, Parks /Recreation and Community Services Director; Barry Hogan, Community Development Director; Brad Miller, City Engineer; Johnny Ea, Finance Director; Captain Richard Diaz, Sheriff's Department; David Bobardt, Planning Manager; Deborah Traffenstedt, Administrative Services Director /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation Recognizing the 100th Anniversary of Moorpark Women's Fortnightly Club. Mayor Pro Tempore Harper presented Suzy Lesiak, Club President, with a proclamation recognizing the 100th Anniversary of the Moorpark Women's Fortnightly Club. B. Recognition of Anthony Bellasalma by the California Parks and Recreation Society and the City of Moorpark for Outstanding Community Service. Minutes of the City Council Moorpark, California Page 2 April 20, 2005 Mayor Pro Tempore Harper and Peggy Rothschild, Active Adult Center Coordinator, presented Anthony Bellasalma with an award for Outstanding Community Service from the California Parks and Recreation Society and the City of Moorpark. C. Introduction of New City Employee, Robert Stallings, Recreation Manager. Mayor Pro Tempore Harper introduced new City employee, Robert Stallings, Recreation Manager. D. Introduction of New City Employee, David Moe, Redevelopment Manager. Mayor Pro Tempore Harper introduced new City employee, David Moe, Redevelopment Manager. E. City Manager's Monthly Report. Hugh Riley, Assistant City Manager, gave the monthly report. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Millhouse requested Items 9.A, 9.C, and the Consent Calendar be heard after Announcements. Councilmember Mikos requested Item 10.E. be pulled from the Consent Calendar for individual consideration. CONSENSUS: It was the consensus of the Council to hear Items 9.A, 9.C, and the Consent Calendar after Announcements and prior to Public Hearings. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Parvin announced the Miss Moorpark and Miss Teen Moorpark Competition will be held at Moorpark High School Performing Arts Center on April 23. Minutes of the City Council Moorpark, California Paqe 3 ril 20, 2005 Councilmember Mikos announced a hike on April 23 at Happy Camp Canyon Regional Park. Councilmember Mikos announced the Santa Monica Mountains Conservancy Acquisition Work Program now includes several areas in Moorpark. Councilmember Millhouse announced the American Cancer Society's "Relay for Life" will be held on April 30 and May 1 at Moorpark College. Councilmember Millhouse announced the American Diabetes Association's "Tour to Cure" annual bike ride will be held on June 4. Councilmember Millhouse urged citizens to contact the Moorpark Police Department with any information concerning the stabbing death of a young teenager in Moorpark. Mayor Pro Tempore Harper announced April 25 through May 1 is West Nile Virus and Mosquito and Vector Control Awareness Week. Mayor Pro Tempore Harper announced a free compost and wood chip give -away Saturday, May 7 at Arroyo Vista Community Park. Mayor Pro Tempore Harper announced a free landfill day for Moorpark residents Sunday, May 15, at the Simi Valley Landfill and Recycling Center. Mayor Pro Tempore Harper announced Moorpark City Transit Summer Youth Bus Passes will go on sale May 2 at City Hall and Arroyo Vista Recreation Center. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Claiming Ownership of the Mammoth Fossils Found on the William Lyon Westpointe Project Tracts 5187 and 5405) . Staff Recommendation: Direct staff to prepare and send a letter to the Los Angeles Museum of Natural History exercising the City's rights to ownership of the fossils found in Tract 5187. Mr. Hogan gave the staff report and introduced Des Bunting from William Lyon Homes on whose property the fossils were discovered and Mark Roeder from Paleo Environmental Services, Inc. Minutes of the City Council Moorpark, California Page 4 April 20, 2005 Hugh Riley gave a report on the entities interested in acquiring the find. Mr. Roeder gave a presentation explaining the importance of this very rare find and identified the fossil remains on display at the meeting. Mr. Hogan corrected the total curation cost on stamped page 136 of the agenda report stating the correct amount should be $5,000 to $10,000 not $70,000 to $80, 000. In response to Mayor Pro Tempore Harper, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Millhouse moved ar Parvin seconded a motion to direct staff send a letter to the Los Angeles Museum of exercising the City's rights to ownership found in Tract 5187. The motion carried by Mayor Hunter absent. id Councilmember to prepare and Natural History of the fossils voice vote 4 -0, 9. C. Consider Authorizing Use of City Portable Lights for American Cancer Society's "Relay for Life 2005" Scheduled for April 30 and May 1, at Moorpark College Stadium. Staff Recommendation: Approve use of City portable lights, subject to insurance and waiver of liability requirements. Ms. Traffenstedt gave the staff report. In response to Mayor Pro Tempore Harper, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to approve use of City portable lights, subject to insurance and waiver of liability requirements. The motion carried by voice vote 4 -0, Mayor Hunter absent. Mr. Kueny recommended hearing Item 9.B. at this time. CONSENSUS: It was the consensus of the Council to hear Item 9.B. 9. B. Consider Approval of an Implementation Plan for Required Improvements of Tentative Tract No. 5045 on the Application of Pardee Homes. Staff Recommendation: Approve the implementation plan for improvements to Tentative Tract No. 5045, subject to Minutes of the City Council Moorpark, California Page 5 April 20, 2005 final language revisions by the City Manager and the City Attorney. Mr. Hogan gave the staff report. In response to Mayor Pro Tempore Harper, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to approve the implementation plan for improvements to Tentative Tract No. 5045, subject to final language revisions by the City Manager and the City Attorney. The motion carried by voice vote 4 -0, Mayor Hunter absent. 10. CONSENT CALENDAR: MOTION: Councilmember Millhouse moved and Councilmember Parvin 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, Mayor Hunter absent. A. Consider Approval of Minutes of Regular Meeting of March 16, 2005. Consider Approval of Minutes of Regular Meeting of April 6, 2005. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2004 -2005 - April 20, 2005. Manual Warrants 118917 - 118924 & $ 51,854.42 Voided Warrant $ (0.00) Payroll Liability 118925 - 118929 $ 1,763.50 Warrants Regular Warrants 118930 - 119049 & $ 57,387.07 119050 - 119069 $ 979,802.96 Staff Recommendation: Approve the warrant register. C. Consider Proposed Legislative Agenda for Ventura Countv Council of Governments. Staff Recommendation: Minutes of the City Council Moorpark, California Page 6 April 20, 2005 Approve Legislative Agenda for Ventura County Council of Governments. D. Consider Resolution Authorizing Submittal of a Three Year (2005 -2008) Used Oil Recycling Block Grant Application to the California Integrated Waste Management Board. Staff Recommendation: Adopt Resolution No. 2005 -2315. F. Consider Resolution Amending the Conflict of Interest Code of the City of Moorpark and Rescinding Resolution No. 2004 -2247. Staff Recommendation: Adopt Resolution No. 2005 -2316. G. Consider Resolution Amending the Salary Plan for Competitive Service, Non - Competitive Service, and Hourly Employees and Rescinding Resolution No. 2005- 2298. Staff Recommendation: Adopt Resolution No. 2005 -2317. The following item was pulled for individual consideration. E. Consider 2005 Legislative Program. Staff Recommendation: Adopt 2005 Legislative Program. Mr. Riley addressed three changes in the language as proposed by Mayor Hunter and Councilmember Mikos including: • On stamped page 191 of the agenda report, reword Item 6.A. to read, "Support legislation that ensures cities receive a proportionate share of property taxes upon withdrawal from a county library services district, or any other county service or district for which property taxes are received." • On stamped page 191 of the agenda report add language to Item 6.F. so it reads, "Oppose legislation that restricts or weakens a city's ability to regulate smoking areas, alcoholic beverage licenses, or adult- oriented business establishments." • On stamped page 193 of the agenda report add new language to Item 8.F. so it reads, "Oppose county development projects for undeveloped areas in the city's area of interest that do not conform to city standards." Minutes of the City Council Moorpark, California Page 7 April 20, 2005 In response to Mayor Pro Tempore Harper, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to adopt the 2005 Legislative Program, as amended for language in Sections 6.A, 6.F, and 8.F. The motion carried by voice vote 4 -0, Mayor Hunter absent. AT THIS POINT in the meeting the Council heard Public Hearings. 8. PUBLIC HEARINGS: A. 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 May 18, 2005. (continued from March 16, 2005, with public hearing open) Staff Recommendation: 1) Continue open public hearing; and 2) Adopt Resolutions Nos. 2005 -2318 and 2005 -2319 continuing the open public hearings to May 18, 2005. Mr. Riley gave the staff report. Mayor Pro Tempore Harper stated the public hearing remains open. In response to Mayor Pro Tempore Harper, Ms. Traffenstedt stated there were no speaker cards. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to: 1) Continue open public hearing; and 2) Adopt Resolutions Nos. 2005 -2318 and 2005- 2319 continuing the open public hearings to May 18, 2005. The motion carried by voice vote 4 -0, Mayor Hunter absent. AT THIS POINT in the meeting the Council recessed. The time was 8:06 p.m. The meeting reconvened at 8:17 p.m. B. 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 Villaqe, LP. (continued from March 16, 2005, with public hearing open) Staff Recommendation: 1) Continue to take Minutes of the City Council Moorpark, California Page 8 April 20, 2005 testimony and close the public hearing; and 2) Continue the agenda item public hearing closed to May 4, 2005, to coincide with the consideration of a Development Agreement. Mr. Bobardt gave the staff report. Mayor Pro Tempore Harper stated the public hearing remains open. Kim Kilkenny, representing North Park Village, 680 Walnut Street, Moorpark, delivered a letter to Council requesting a Special Election for September. He spoke in support of the staff report and staff's recommendation, and reported on the progress made during the Development Agreement Ad Hoc Committee meeting. Daniel Groff spoke in support of the project citing the amenities it offers to the community. Eden Barrera spoke in opposition stating the projections for completion of the off -ramp are unrealistic and the developer is under capitalized. Anthony Banducci spoke in opposition citing increased traffic congestion and crime, lack of internal infrastructure, and tax impacts. Chris Childers spoke in support of the project citing the benefits of a public lake and another fire station. James Roller spoke in opposition to the project citing the amount of grading, and lack of a Phase II soils study. He requested the hearing remain open. Gary Cabriales spoke in support of the project stating even though impacts will be hard in the beginning, many issues have been mitigated, and development brings good things to the community. John Dyke spoke in support citing past successful development and the amenities proposed by North Park. Tim Saivar spoke in opposition citing outstanding environmental problems, traffic issues, grading, need Minutes of the City Council Moorpark, California Page 9 April 20, 2005 for mitigation of oil contamination, and creation of a lake in an arid environment. Steve Nardi spoke in opposition citing construction traffic near his home, the need for enforcement monitoring, grading, loss of trees, and overcrowding of schools. Susan Nardi spoke in opposition citing traffic issues. AT THIS POINT in the meeting the Council recessed. The time was 9:36 p.m. The meeting reconvened at 9:52 p.m. Terri Arias spoke in support of the project citing views, lake, hiking, and another retail center for Moorpark. Armando Aguirre spoke in support concurring with Ms. Arias about the long term benefits of the project. Ken Rayzor, Little League President, provided a history of that organization and stated North Park could provide much needed ball fields. Scott Green spoke in support of the project. Rod Menzel spoke in support of the project. David Bagwell spoke in support of the lake and project. Dorothy Ventimiglia spoke in opposition citing potential slow sales rate of homes, and development on contaminated land adjacent to a landfill and in a fire hazard zone. She stated a Special Election has a lower turn out and North Park should go on the November General Election ballot. Virginia Hayward spoke in support of the project on behalf of the Moorpark Chamber of Commerce citing additional housing, recreational amenities, increased City revenues, and new residents' support of local businesses. She stated if North Park is not approved the site is zoned by the County for a dump site or a youth correctional facility. Minutes of the City Council Moorpark, California Page 10 April 20, 2005 James Carpenter spoke the opportunity for recreational area. in support of the project citing all residents to enjoy the large Jim Stueck spoke in support of North Park Village citing good planning by staff, the Planning Commission and City Council. Suzanne Wilson expressed concerns that North Park may not really be providing a baseball complex and spoke in opposition citing traffic and financial impacts to the City. Peter Greer spoke in support of the project as a positive influence on the community. Linda Shishino -Cruz spoke in opposition citing traffic, Valley Fever, excavation on contaminated soil, and as a losing proposition to the City. John Shishino -Cruz spoke in opposition citing health and safety concerns. Tim Rosevear spoke in opposition citing construction traffic; and objected to a Special Election, which would have a poor turnout. Randy Griffith spoke in opposition requesting mitigation measures be changed in response to recent Mammoth find, to provide several archeologists on site to monitor during grading; reduction of the project footprint as recommended by Santa Monica Mountains Conservancy (SMMC); and stated this land could be left as open space. Janet Murphy spoke in opposition and commented on changes needed to the Wildlife Study; clarification needed regarding mitigation measures in regard to Valley Fever; an emphasis on relocation rather than removal of impacted trees; and SMMC's request for a reduced footprint should be listed in the alternatives. She requested the Council be open to additional comments from the public even if the hearing is closed. Minutes of the City Council Moorpark, California Page 11 April 20, 2005 Patrick Carden spoke in opposition citing construction traffic; and stated the completion of the off -ramp should come before beginning development. In response to Mayor Pro Tempore Harper, Ms. Traffenstedt summarized the comments on 15 Written Statement Cards in favor and six in opposition to the project. Mr. Kilkenny clarified certain issues brought out in the public testimony and answered Council questions. A discussion followed amonc staff regarding issues to recycled water impact on th of impacted trees; archeological /paleontological grading on site. the Councilmembers and be researched including Arroyo -Simi; relocation and providing for monitoring during Mayor Pro Tempore Harper closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to continue the agenda item with public hearing closed to May 4, 2005, to coincide with the consideration of a North Park Village Development Agreement. The motion carried by voice vote 4 -0, Mayor Hunter absent. 11. ORDINANCES: A. Consider Ordinance No. 312, an Ordinance of the Cit of Moorpark, Approving Zone Change No. 2003 -02, for a Change of Zone from Commercial Planned Development (CPD) and Single- Family Residential (R -1) to Residential Planned Development - Twelve Units Per Acre (RPD -12u) and Open Space (OS) on 15.13 Acres, 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: Waive full reading and declare Ordinance No. 312 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 312. Minutes of the City Council Moorpark, California Page 12 April 20, 2005 MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to waive full reading of Ordinance No. 312, declare Ordinance No. 312 read for the second time and adopted as read. The motion carried by voice vote 4 -0, Mayor Hunter absent. B. Consider Ordinance No. 313, an Ordinance of the Cit of Moorpark, Adopting a Development Agreement Between the City of Moorpark and Shea Homes, Limited Partnership. Staff Recommendation: Waive full reading and declare Ordinance No. 313 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 313. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to waive full reading of Ordinance No. 313, declare Ordinance No. 313 read for the second time and adopted as read. The motion carried by voice vote 4 -0, Mayor Hunter absent. C. Consider Ordinance No. 314, an Ordinance of the Cit of Moorpark, Amending Certain Portions of Chapter 17.74 of the Moorpark Municipal Code, Pertaining to Development Standards within the Moorpark Highlands Specific Plan Area - Specific Plan No. 1995 -02. Staff Recommendation: Waive full reading and declare Ordinance No. 314 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 314. MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to waive full reading of Ordinance No. 314, declare Ordinance No. 314 read for the second time and adopted as read. The motion carried by voice vote 4 -0, Mayor Hunter absent. 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for one case under Item 12.B. on the agenda. Minutes of the City Council Moorpark, California MOTION: Councilmember Mikos seconded a motion to adjourn of one case under Item 12.B. by voice vote 4 -0, Mayor Hunt( Page 13 April 20, 2005 moved and Councilmember Millhouse to closed session for a discussion on the agenda. The motion carried ;r absent. The time was 11:24 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) Present in closed session were Councilmembers Mikos, Millhouse, Parvin, and Mayor Pro Tempore Harper; Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Barry Hogan, Community Development Director, and Deborah Traffenstedt Administrative Services Director /City Clerk. The Council reconvened into open session at 11:35 p.m. Mr. Kueny stated one case under Item 12.B. was discussed and there was no action to report. 13. ADJOURNMENT: Mayor Pro Tempore Harper p.m. ATTEST: Deborah S. Traffenste City Clerk adjourned the meetin at 11:35 atrick Hunted, Mayor