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HomeMy WebLinkAboutMIN 2005 0720 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California Julv 20, 2005 A Regular Meeting of the City Council of the City of Moorpark was held on July 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 7:10 p.m. 2. PLEDGE OF ALLEGIANCE: Kenneth Gilbert, Public Works Director, 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; Scott Porter, Assistant 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; Johnny Ea, Finance Director; Captain Richard Diaz, Sheriff's Department; Deborah Traffenstedt, Administrative Services Director /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Recognition of Ezequiel Aguilar, Ryan Nicole Bartlett, Rigoberto Jaime, Michael Lillis, and Travis White for the Heroic Rescue of Ashley Smith. Mayor Pro Tempore Harper presented Ezequiel Aquilar, Ryan Nicole Bartlett, Rigoberto Jaime, Michael Lillis, and Travis White with Certificates of Recognition for their heroic rescue of Ashley Smith. Minutes of the City Council Moorpark, California Paqe 2 B. Ventura County Fair Poster Presentation. Julv 20, 2005 Craig Underwood, Vice President of the Board of Directors for the Ventura County Fair, presented the 2005 Ventura County Fair poster to Council and the City. C. Introduction of New City Employee, Edward Courton, Associate Planner. Mayor Pro Tempore Harper introduced new City employee, Edward Courton, Associate Planner. D. Introduction of new City employee, Deanna Farnell, Finance /Accounting Manager. Mayor Pro Tempore Harper introduced new City employee, Deanna Farnell, Finance /Accounting Manager. E. Recognition of Kenneth Gilbert, Public Works Director, Upon the Occasion of His Retirement and for 15 Years of Service to the City of Moorpark. Mayor Pro Tempore Harper presented Kenneth Gilbert, Public Works Director, with a Certificate of Recognition upon the occasion of his retirement and for 15 years of service to the City of Moorpark. F. City Manager's Monthly Report. Mr. Kueny deferred the report due to the lengthy agenda. 5. PUBLIC COMMENT: John Newton, 165 High Street, Suite 103, Moorpark California, representing the development by Dr. John C. Chu Family Trust, spoke in regard to a Notice of Eviction delivered prematurely to eight family residences on the corner of Everett Street and Walnut Canyon Road. He discussed a program, which will be included in the proposed development plan, to assist these families in relocating or to qualify for affordable housing units included in the proposed development. Juan Magdeleno, P.O. Box 23291, Ventura, California, representing the League of United Latin American Citizens Minutes of the City Council Moorpark, California Page 3 Julv 20, 2005 (LULAC) spoke on behalf of the residents affected by the eviction notices and described the difficulties these families have in finding low- income housing in Moorpark. He asked the City to assist in finding affordable housing. Mr. Magdeleno verbally presented a list of questions regarding the City's compliance with Redevelopment Agency guidelines and affordable housing quotas and requested answers. Gabriella Magdeleno, daughter of one of the families affected by the eviction notice, described the impacts to her family. Leonel Reyes, a resident affected by the eviction notice, spoke about the confusion and frustration created by the notice; the lack of homes for low- income families in Moorpark; and asked the City to help in relocation and creating more low- income housing Veronica Reyes, a resident affected by the eviction notice, spoke about the difficulty finding some other affordable place to live in Moorpark and asked the City to assist in relocating the families. Urania Perez spoke on behalf of her parents who were affected by the eviction notice. She thanked Mr. Newton for his efforts in explaining the error, and asked the City to assist in finding affordable housing in Moorpark. Ralph Mauriello, President of High Street Theater Foundation, congratulated the City on its decision to buy the Theater on High Street and offered the services of the foundation as interim managers. Sylvia Lopez a resident of the Moondance project thanked the Mayor, Nancy Burns, and Cabrillo Economic Development for helping her family obtain affordable housing. Lena Morse, a resident of the Moondance project, thanked everyone for the opportunity to be a homeowner. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 8:12 p.m. The City Council meeting reconvened at 8:31 p.m. Minutes of the City Council Moorpark, California Paae 4 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: July 20, 2005 Councilmember Millhouse thanked Douglas Failing of Caltrans District 7 for the repaving of the on /off ramps at Tierra Rejada Road and areas along Los Angeles Avenue citing them as examples of State funds being returned for local use. Councilmember Millhouse stated the widening of State Route 23 is the top priority on the Ventura County Transportation Commission's list. Councilmember Millhouse announced Metrolink will be running trains to the Ventura County Fair on August 6th and 7th. Councilmember Mikos congratulated Moorpark Little League Allstar baseball teams. Councilmember Parvin congratulated Councilmember Millhouse for his appointment by the Southern California Association of Governments (SCAG) to the Goods Movement Task Force, which deals with the movement of freight in Southern California in an attempt to promote rail transport rather than truck transport. 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 September 7, 2005. (continued from June 15, 2005, with public hearing open) Staff Recommendation: 1) Continue open public hearings; and 2) Adopt Resolutions Nos. 2005 -2357 and 2005 -2358 continuing the open public hearings to September 7, 2005. Mr. Riley gave the staff report. In response to Mayor Pro Tempore Harper, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to adopt Resolutions Nos. 2005 -2357 and 2005 -2358, continuing the open public hearings to September 7, 2005. The motion carried by voice vote 4 -0, Mayor Hunter absent. Minutes of the City Council Moorpark. California Paae 5 July 20, 2005 B. Consider Resolution Adopting Procedures for the Formation, Election, and Operation of a Project Area Committee (PAC) for Proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project. (continued from July 6, 2005, with public hearing open) Staff Recommendation: 1) Continue to take public testimony and close the public hearing; and 2) Adopt Resolution No. 2005 -2359. Mr. Riley gave the staff report and answered questions from the July 6th meeting. Mayor Pro Tempore Harper stated the public hearing remains open. Councilmember Mikos clarified the map in the book is inaccurate and will be corrected to reflect the precise project area. Eloise Brown, former Moorpark Mayor and Councilmember and current resident of Tucson, Arizona, expressed concerns that low- income residents displaced by eminent domain should be repaid in an amount that will cover the cost of a similar home in Moorpark. In response to Ms. Brown's concern regarding cross - voting between categories, Mr. Porter stated voters can only vote from one category Mayor Pro Tempore Harper closed the public hearing. In response to Councilmember Mikos, Mr. Riley stated publications will be posted at the multifamily rental property common areas and at the library. In response to Councilmember Mikos, Mr. Riley stated staff will explore with Urban Futures the addition of a Spanish translator and will publish bilingual Spanish /English information. In response to Councilmember Parvin, Mr. Riley stated the information would be posted to the City's webpage in Spanish and English. CONSENSUS: It was the consensus of the Council to have a nine (9) member PAC. Minutes of the City Council Moorpark, California Page 6 July 20, 2005 MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2005 -2359 implementing the procedures of the formation, election, and operation of a Project Area Committee (PAC) Proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project, as amended for: 1) Nine (9) members; 2) Bilingual Spanish /English publications, postings, and website notice; and 3) Spanish translation services to be provided. The motion carried by voice vote 4 -0, Mayor Hunter absent. C. Consider an Interim Urgency Ordinance Extending a Temporary Moratorium on the Establishment and Operation of Medical Marijuana Dispensaries. Staff Recommendation: 1) Open the public hearing, take public testimony, and close the public hearing; and 2) Adopt Ordinance No. 318. (ROLL CALL VOTE REQUIRED: 4 /5ths affirmative vote) Mr. Hogan gave the staff report. Mayor Pro Tempore Harper opened the public hearing. In response to Mayor Pro Tempore Harper, Ms. Traffenstedt stated there were no speakers. Mayor Pro Tempore Harper closed the public hearing. Mr. Porter read the title of Interim Urgency Ordinance No. 318. MOTION: Councilmember Parvin seconded a motion to waive Interim Urgency Ordinance No moved and Councilmember Mikos further reading and declare 318 adopted as read. The motion carried by roll call vote 4 -0, Mayor Hunter absent. D. Consider Resolution Approving an Increase to the Los Angeles Avenue Area of Contribution (L A Ave. AOC) Fee. Staff Recommendation: 1) Open the public hearing, receive public testimony, and close the public hearing; and 2) Adopt Resolution 2005 -2360 increasing the fees for the L A Ave. AOC. (ROLL CALL VOTE REQUIRED) Mr. Gilbert gave the staff report and corrected stamped page 110 of the agenda report to read $3,760. Minutes of the City Council Moorpark, California Page 7 July 20, 2005 Mayor Pro Tempore Harper opened the public hearing. In response to Mayor Pro Tempore Harper, Ms. Traffenstedt stated there were no speakers. Mayor Pro Tempore Harper closed the public hearing. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to adopt Resolution 2005 -2360 increasing the fees for the L A Ave. AOC. The motion carried by roll call vote 4 -0, Mayor Hunter absent. E. Consider Resolution Rescinding Resolution No. 2001- 1848, Pertaining to the Spring Road /Tierra Rejada Road Area of Contribution (SP /TR AOC) and the Gabbert Road /Casey Road Area of Contribution (GB /CSY AOC), and Approving an Increase to the SP /TR AOC fees; and a Second Resolution Re- Adopting the Gabbert Road /Casey Road AOC Fees Unchanged. Staff Recommendation: 1) Open the public hearing, receive public testimony, and close the public hearing; 2) Adopt Resolution No. 2005 -2361 increasing the fees for the Spring Road /Tierra Rejada Road AOC; and 3) Adopt Resolution No. 2005 -2362 reenacting the Gabbert Road /Casey Road AOC Fees unchanged. (ROLL CALL VOTE REQUIRED) Mr. Gilbert gave the staff report. Mayor Pro Tempore Harper opened the public hearing. In response to Mayor Pro Tempore Harper, Ms. Traffenstedt stated there were no speakers. Mayor Pro Tempore Harper closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2005 -2361 increasing the fees for the Spring Road /Tierra Rejada Road AOC. and to adopt Resolution No. 2005 -2362 reenacting the Gabbert Road /Casey Road AOC Fees unchanged. The motion carried by roll call vote 4 -0, Mayor Hunter absent. F. Consider Resolution for Commercial Planned Development Permit No. 2004 -02 to Allow Construction of an 18,353 Square Foot Retail Commercial Shopping Center on Approximately 1.62 Acres on the Southeast Corner of Minutes of the City Council Moorpark, California Paae 8 July 20, 2005 Los Angeles Avenue and Park Lane and the Northeast Corner of Park Lane on the Application of Kylexa Enterprises, LLC. Staff Recommendation: 1) Open the public hearing, receive public testimony, and close the public hearing; and 2) Adopt Resolution No. 2005- 2363 approving Commercial Planned Development Permit No. 2004 -02. Mr. Hogan gave the staff report and described two additional conditions of approval for Council consideration. The first would read, "Prior to the issuance of a Certificate of Occupancy for the first commercial space, the applicant shall enter into the standard Caltrans tri -party agreement for maintenance of the parkway landscaping along Los Angeles Avenue." The second would read, "Prior to the issuance of a Building Permit, the applicant shall attempt to acquire a reciprocal vehicular access and parking agreement with the Union Bank of California or subsequent property owners to provide a vehicular connection at the northwest portion of the Kylexa site for southbound Union Bank traffic." Mr. Hogan stated, if this condition is achieved, it would waive the requirement for a raised median in that location. In response to Councilmember Parvin, Mr. Hogan stated conditions would be added to restrict hours for truck deliveries, restrict tree trimming, and add a requirement for odor reducing equipment for restaurants. Mr. Kueny recommended the Council direct the restriction on tree trimming be added to all future modifications of approved commercial and industrial within the City. In response to Mayor Pro Tempore Harper, Mr. Hogan stated a condition would be added to prohibit truck idling during loading and unloading. Mayor Pro Tempore Harper opened the public hearing. John Newton, 165 High Street, Suite 103, Moorpark, representing Kylexa Enterprises, introduced the applicant, Keith Palmquist and Mark Pittman, architect, as available for questions. Mr. Newton described the features of the project and stated the Minutes of the City Council Moorpark, California Page 9 July 20, 2005 applicant concurs with the conditions as described on stamped pages 160 and 161 of the agenda report. Mr. Newton discussed other conditions of approval and addressed Council comments. In response to Councilmember Parvin, Mr. Kueny stated the M &M project condition for odor abatement will be applied to this project at the discretion of the Community Development Director. Keith Palmquist described the architecture and other features of the center. He listed the tenant mix to include Don Cuco's restaurant; a coffee, tea and fresh baked goods store; a spa; other small eaters; and a home furnishings company. Mark Pittman, architect, described the pergola and landscaping. In response to Councilmember Parvin, Mr. Hogan stated a condition would be added to enhance landscaping and selection of plant materials for the columns of the pergola. Mr. Newton confirmed the applicant agrees to the additional conditions described by Mr. Hogan. Mayor Pro Tempore Harper closed the public hearing. MOTION: Councilmember Parvin moved and Councilmember Millhouse seconded a motion to adopt Resolution No. 2005- 2363 approving Commercial Planned Development Permit No. 2004 -02 subject to conditions of approval, as amended to include: 1) Prior to the issuance of a Certificate of Occupancy for the first commercial space, the applicant shall enter into the standard Caltrans tri -party agreement for maintenance of the parkway landscaping along Los Angeles Avenue; 2) Prior to the issuance of a Building Permit the applicant shall attempt to acquire a reciprocal vehicular access and parking agreement with the Union Bank of California or subsequent property owners to provide a vehicular connection at the northwest portion of the Kylexa site for southbound Union Bank traffic; 3) Restrict hours for truck deliveries; 4) Restrict truck engine idling; 5) Restrict tree trimming; 6) Add a requirement for odor reducing equipment for restaurants; and 7) Add a condition for enhanced landscape material for the columns of the Minutes of the City Council Moorpark, California Page 10 July 20, 2005 pergola. The motion carried by voice vote 4 -0, Mayor Hunter absent. AT THIS POINT in the meeting, a recess was declared. The time was 10:25 p.m. The City Council meeting reconvened at 10:42 p.m. G. Consider Commercial Planned Development Permit No. 2005 -02 to Allow Construction of an Approximately 74,402 Square Foot Retail Commercial Shopping Center on 6.96 Acres on the Southwest Corner of Los Angeles Avenue and Moorpark Avenue on the Application of Tuscany Partners, Inc. Staff Recommendation: Staff Recommendation: Open the public hearing, receive public testimony, and continue the public hearing open to a specified date. Mr. Hogan stated the public noticing requirements were not met by this project and therefore a continuance is requested. Mayor Pro Tempore Harper opened the public hearing. In response to Mayor Pro Tempore Harper, Ms. Traffenstedt stated there were no speakers. Mayor Pro Tempore Harper closed the public hearing. A discussion followed between Councilmember and staff regarding a special meeting in August or a continuance to the September 7 regular meeting. MOTION: Mayor Pro Tempore Harper moved and Councilmember Millhouse seconded a motion to re- calendar this item for a special meeting in August, subject to concurrence of at least four Councilmembers attending, or to re- calendar for the regular meeting of September 7, 2005. The motion carried by voice vote 4 -0, Mayor Hunter absent. H. Consider Modification No. 4 to Commercial Planned Development Permit No. 1990 -02, for the Build -Out of Three (3) Existing Pad Areas, with 17,324 Square Feet of Commercial /Retail Space and Conditional Use Permit No. 2005 -01 to Allow a 7,724 Square Foot Fitness Center Within 100 Feet of Residentially -zoned Property on an 11.79 -Acre Site at 4279 Tierra Rejada Road on the Application of Constantino Noval. Staff Recommendation: Open the public hearing, receive Minutes of the City Council Moorpark, California Page 11 July 20, 2005 public testimony, and continue the public hearing open to a specified date. Mr. Hogan gave the staff report. Mayor Pro Tempore Harper opened the public hearing. In response to Mayor Pro Tempore Harper, Ms. Traffenstedt stated there were no speakers. Mayor Pro Tempore Harper closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to re- calendar this item for a special meeting in August, subject to the concurrence of at least four Councilmembers, or to re- calendar for the regular meeting of September 7, 2005. The motion carried by voice vote 4 -0, Mayor Hunter absent. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Approval of a Promotion Project for the Moorpark Mammoth Discovery and Resolution Amending the Fiscal Year 2005/06 Budget to Fund the Project. Staff Recommendation: 1) Approve Promotion Project for the Moorpark Mammoth Discovery; and 2) Adopt Resolution No. 2005 -2364, amending the Fiscal Year 2005/06 Budget. ROLL CALL VOTE REQUIRED Mr. Riley gave the staff report and added information about a second possible mammoth find and the potential need to modify the proposal. Mayor Pro Tempore Harper requested a future agenda item for discussion of final disposition of the fossil. 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: 1) Approve Promotion Project for the Moorpark Mammoth Discovery, as amended to extend parameters if a subsequent discovery is made; and 2) Adopt Resolution No. 2005 -2364, amending the Fiscal Year 2005/06 Budget. The motion carried by roll call vote 4 -0, Mayor Hunter absent. Minutes of the City Council Moorpark, California Paae 12 Julv 20, 2005 10. CONSENT CALENDAR: MOTION: Councilmember Parvin moved and Councilmember Millhouse seconded a motion to approve the Consent Calendar. The motion carried by roll call vote 4 -0, Mayor Hunter absent. A. Consider Approval of Minutes of Special Joint Cit Council /Parks and Recreation Commission Meeting of April 27, 2005. Consider Approval of Minutes of Regular Meeting of June 1, 2005. Consider Approval of Minutes of Regular Meeting of June 15, 2005. Consider Approval of Minutes of Regular Meeting of Julv 6, 2005. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2004 -2005 - July 20, 2005. Manual Warrants 119743 $ 24,222.48 Regular Warrants 119752 - 119833 & $ 43,159.63 119834 - 119846 $1,658,996.19 Staff Recommendation: Approve the warrant register. C. Consider Approval of Warrant Register for Fiscal Year 2005 -2006 - July 20, 2005. Manual Warrants Voided Warrant Payroll Liability Warrants 119742 & 119744 - $ 283,298.64 119751 119746 $ (0.00) 119847 - 119851 $ 1,785.53 Regular Warrants 119852 - 119876 $ 50,443.49 Staff Recommendation: Approve the warrant register. Minutes of the City Council Moorpark, California Page 13 July 20, 2005 D. Consider Resolution Determining and Levying the Special Assessment for Assessment District (CFD) No. 92 -1 (Mission Bell Plaza) for Fiscal Year 2005/06. Staff Recommendation: Adopt Resolution No. 2005 -2365. ROLL CALL VOTE REQUIRED E. Consider Resolution Determining and Levying the Special Tax in Community Facilities District (CFD) No. 97 -1 (Carlsberg Business Park Public Improvements) for Fiscal Year 2005/06. Staff Recommendation: Adopt Resolution No. 2005 -2366. ROLL CALL VOTE REQUIRED F. Consider Resolution Commemorating Southern California Association of Governments' 40th Anniversary. Staff Recommendation: Adopt Resolution No. 2005 -2367. G. Consider Request from Moorpark Reduced Park Rental Fees. Chamber of Commerce for Staff Recommendation: Waive park rental fees for the Moorpark Chamber of Comm erce's softball tournament on July 24, 2005, and require them to pay any City- direct costs as outlined in the agenda report. H. Consider Resolution Authorizing Submittal of Grant Application to the Ventura County Community Foundation for Community Needs Response Funds and Authorizing City Manager to Sign All Related Agreements. Staff Recommendation: Adopt Resolution No. 2005 -2368. I. Consider Authorization for Recordation of Notice of Completion for Mountain Meadows Park Playground Improvement Project and Resolution Amending the Fiscal Year 2005/06 Budget to Accommodate One Change Order. Staff Recommendation: 1) Authorize the City Clerk to file the Notice of Completion for the project, and authorize the release of the balance of payment, due upon satisfactory clearance, thirty -five (35) days after Notice of Completion records, release bonds in accordance with the contract, and completion of closeout contractual obligations on the part of contractor; and 2) Adopt Resolution No. 2005 -2369, amending the FY 2005/06 budget to cover the cost of one change order. ROLL CALL VOTE REQUIRED J. Consider Resolution Amending the City's Classification Plan and Rescinding Resolution No. 2005 -2330. Staff Recommendation: Adopt Resolution No. 2005 -2370. Minutes of the City Council Moorpark, California Page 14 July 20, 2005 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for discussion of Item 12.C. MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to adjourn to closed session for a discussion of Item 12.C. on the agenda. The motion carried by voice vote 4 -0, Mayor Hunter absent. The time was 11:10 p.m. C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Subdivision (b) of Section 54957 of the Government Code) Title: Administrative Services Director /City Clerk; Assistant City Manager; City Manager; City Attorney; City Engineer; Chief of Police; Community Development Director; Finance Director; Parks, Recreation and Community Services Director; and Public Works Director Present in closed session were Councilmembers Mikos, Millhouse, Parvin, and Mayor Pro Tempore Harper; Steven Kueny, City Manager; 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 11:29 p.m. Mr. Kueny stated Item 12.C. was discussed and there was no action to report. 13. ADJOURNMENT: MOTION: Councilmember Millh use move and Cou seconded a motion to adjour The mo ion carr/� 4 -0, Mayor Hunter absent. T e time _w i c k Hinter, ATTEST: G_ L Deborah S. Traffenst City Clerk lm ber Mikos Ib voice vote yor