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HomeMy WebLinkAboutMIN 2005 0504 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California May 4, 2005 A Regular Meeting of the City Council of the City of Moorpark was held on May 4, 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 7:20 p.m. 2. PLEDGE OF ALLEGIANCE: Will Smith of Boy Scout Troop 605, 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, Parks /Recreation and Community Services Director; Barry Hogan, Community Development Director; Brad Miller, City Engineer; 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 Declaring May 2 through May 8 as Public Service Recognition Week. Mayor Hunter presented City employees John Casillas, Teresa Jones, and Mark Westerline with a proclamation declaring May 2 through May 8 as Public Service recognition Week. B. Proclamation Declaring May 2005 Veterans Appreciation Month. Minutes of the City Council Moorpark, California Page 2 May 4, 2005 Mayor Hunter presented Veterans John Wozniak, former Councilmember and Joseph Catrambone, Parks and Recreation Commissioner with a proclamation declaring May 2005 Veterans Appreciation Month. C. Proclamation Recognizing Rotary Clubs Worldwide Upon Their 100th Anniversary. Mayor Hunter presented Moorpark Rotary Club President, Pam Hill with a proclamation recognizing Rotary Clubs worldwide upon their 100th anniversary. D. Proclamation Declaring May 2005 Community Action Month. Councilmember Mikos, Chair of the Board of the Commission on Human Concern's, presented Executive Director, Joseph Billingiere with a proclamation declaring May 2005 Community Action Month. 5. PUBLIC COMMENT: Gerald Goldstein spoke about court enforced cleanup of his property. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Parvin announced the Moorpark Rotary Club is sponsoring a Blue Grass Festival on Memorial Day, May 30, at Tierra Rejada Ranch. Mayor Hunter announced a Free Landfill Day for Moorpark residents on Sunday, May 15, at the Simi Valley Landfill and Recycling Center. Mayor Hunter announced the Moorpark Beach Bus runs Tuesdays and Thursdays, June 21 through August 30, with two trips to Zuma beach on those days. Mayor Hunter announced Moorpark City Transit Summer Youth Bus Passes are available for purchase at City Hall and Minutes of the City Council Moorpark, California Paqe 3 Mav 4, 2005 Arroyo Vista Recreation Center and are valid June 1 through September 15. 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 public hearing closed from April 20, 2005) Staff Recommendation: 1) Discuss the project and direct staff as deemed appropriate; and 2) Continue the closed public hearing to May 18, 2005. Mayor Hunter announced the public hearing remains closed. CONSENSUS: It was the consensus of the Council, due to the absence of Councilmember Millhouse, to only discuss procedural matters, ask questions of staff for future discussion, and then to continue this item to a Special Meeting on May 10, 2005. Mr. Montes reported on late correspondence received from Burke, Williams & Sorensen, LLP, providing a procedural roadmap and clarification on public participation in the remaining deliberation on the North Park Village project. Mr. Bobardt gave the staff report and responded to questions from the April 20 meeting. In response to Council, Mr. Bobardt stated the following topics would be added to the outline for discussion: • Hillside Management Ordinance • Gating of Residential Areas • Bikeways • Other Biological Concerns MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to continue the closed public hearing to a Special Meeting for Tuesday, May 10, 2005. Minutes of the City Council Moorpark, California Page 4 May 4, 2005 The motion carried by voice vote 4 -0, Councilmember Millhouse absent. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Proposed Development Agreement Between North Park Village Limited Partnership and City of Moorpark Pertaining to General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01, and Zone Change No. 2001- 02. Staff Recommendation: Refer the draft Development Agreement to the Planning Commission and schedule City Council Public Hearing for a date certain in June, 2005. Mr. Kueny gave the staff report. Kim Kilkenny, representing North Park Village, 680 Walnut Street, Moorpark, spoke in support of staff's recommendation and stated they concur with Mr. Kueny that the Development Agreement is 98% done. He requested the City get a proposal for conducting a special election by contacting an election consultant. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to continue the item to the Special meeting on May 10, 2005. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. B. Consider Power Point Presentation on Rail Intermodal Transportation. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Mikos gave the presentation. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. CONSENSUS: It was the consensus of the Council to direct staff to prepare a resolution for the Consent Calendar of May 18, 2005, in support of the Go21 Proposition to remove trucks from the roadways and enhance rail infrastructure to handle increased use of freight transportation, and to propose grade separated rail crossings. C. Consider Scheduling of the Summer Meeting Recess. Staff Recommendation: Direct staff to post a notice Minutes of the City Council Moorpark, California Page 5 May 4, 2005 of meeting cancellation for the selected summer recess date (s) . 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 a motion to direct staff to post notices of cancellation for City Council meetings of August 3 and August 17, 2005. The motion carried by voice vote 3 -0, with Councilmember Mikos abstaining and Councilmember Millhouse absent. D. Consider Resolution of Intention to Amend the Contract between the Board of Administration of the California Public Employees' Retirement System (CalPERS) and the City of Moorpark and First Reading of an Ordinance Authorizing an Amendment to the Contract between the City and the Board of Administration of CalPERS to Provide Section 21623.5 Retired Death Benefit. Staff Recommendation: 1) Adopt Resolution of Intention No. 2005 -2320; and 2) Waive full reading and introduce Ordinance No. 315 for first reading; and 3) Direct that second reading of the ordinance shall occur on June 1, 2005. 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 a motion to adopt Resolution No. 2005 -2320. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. Mr. Montes read the title of Ordinance No. 315. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive full reading of Ordinance No. 315, declare Ordinance No. 315 read for the first time, and to schedule second reading and adoption for June 1, 2005. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. Minutes of the City Council Moorpark, California Page 6 May 4, 2005 10. CONSENT CALENDAR: Councilmember Mikos requested Item 10.I. be pulled from the Consent Calendar for individual consideration. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of Item 10.I, 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 November 3, 2004. Consider Approval of Minutes of Regular Meeting of November 17, 2004. Consider Approval of Minutes of Regular Meeting of April 20, 2005. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2004 -2005 - May 4, 2005. Manual Warrants 119075 - 119077 & $ 58,250.00 Voided Warrant 119185 $ (0.00) Payroll Liability 119070 - 119074 $ 1,710.20 Warrants Regular Warrants 119078 - 119183 & $ 54,647.02 119184 - 119203 $ 270,838.24 Staff Recommendation: Approve the warrant register. C. Consider Resolution Approving the Preliminary Assessment Engineer's Report for the Parks and Recreation Maintenance and Improvement Assessment District for Fiscal Year 2005/2006 and Providing Notice of Public Hearing on June 1, 2005. Staff Recommendation: Adopt Resolution No. 2005 -2321. D. Consider Award of Contract to HH Construction for Installation of Playground Equipment at Virginia Minutes of the City Council Moorpark, California Page 7 May 4, 2005 Colony Park. Staff Recommendation: Award a contract to HH Construction for playground improvements at Virginia Colony Park and authorize the City Manager to sign said contract on behalf of the City. E. Consider Contract Extensions for Sunrid e Landscape Services and Venco Western for Landscape Maintenance Services. Staff Recommendation: Approve one -year contract extensions through June 20, 2006, including a three percent adjustment, with Sunridge Landscape Services, Inc. and Venco Western, Inc., for landscape maintenance services as described in the agenda report and authorize the City Manager to execute the amendments on behalf of the City. F. Consider Resolution Approving the Engineer's Report for the Landscaping and Lighting Maintenance Assessment Districts for Fiscal Year 2005/06 and Providing Notice of Public Hearing on June 1, 2005. Staff Recommendation: Adopt Resolution No. 2005 -2322. G. Consider Resolution Approving the Engineer's Report for Assessment District AD05 -01 (M &M Development - Parcel Map 5264) for Fiscal Year 2005/06 and Providing Notice of Public Hearing on June 1, 2005. Staff Recommendation: Adopt Resolution No. 2005 -2323. H. Consider Rejection of Claims: Sodaba Arghandiwall dba Village Discount Muffler & Brake; George R. Hecker; and John Gonda, DVM dba Arroyo Vista Veterinary Hospital. Staff Recommendation: Reject the claims and direct staff to send a standard rejection letter to the claimants. The following item was pulled for individual consideration. I. Consider Reauest from Moorpark Chamber of Commerce to Waive Applicable Permit Fees and to Utilize the City's Portable Stage and Shade Canopy for the Annual Apricot Festival. Staff Recommendation: Approve the request from the Moorpark Chamber of Commerce to waive Temporary Use Permit Fee and allow use of the shade canopy for the Apricot Festival on June 11, 2005. Mr. Riley gave the staff report. Minutes of the City Council Moorpark, California Page 8 May 4, 2005 In response to Councilmember Mikos, Mr. Riley stated the Moorpark Chamber of Commerce is making arrangements to safely transport the portable stage. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to approve the request from the Moorpark Chamber of Commerce to waive the Temporary Use Permit Fee and allow use of the shade canopy and portable stage, provided the Chamber arranges for safe transport to the Apricot Festival on June 11, 2005. 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 three cases under Item 12.B. on the agenda. MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to adjourn to closed session for a discussion of three cases under Item 12.B. on the agenda. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. The time was 9:09 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 Harper, Mikos, Parvin and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Mary Lindley, Parks /Recreation and Community Services Director (left the meeting at 9:23 p.m.); Barry Hogan, Community Development Director; and Deborah Traffenstedt Administrative Services Director /City Clerk. The Council reconvened into open session at 9:35 p.m. Mr. Kueny stated only two cases under Item 12.B. were discussed and there was no action to report. Minutes of the City Council Moorpark, California Page 9 May 4, 2005 13. ADJOURNMENT: Mayor Hunter adjourned ATTEST: Deborah S. Traffenste City Clerk