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Home My WebLink AboutMIN 2005 0907 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California September 7, 2005 A Regular Meeting of the City Council of the City of Moorpark was held on September 7, 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 7:34 p.m. 2. PLEDGE OF ALLEGIANCE: Captain Richard Diaz, 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, Interim Public Works Director; Mary Lindley, Parks, Recreation and Community Services Director; Barry Hogan, Community Development Director; Johnny Ea, Finance Director; Teddy Okoye, Assistant City Engineer; Captain Richard Diaz, Sheriff's Department; Deborah Traffenstedt, Administrative Services Director /City Clerk; and Blanca Garza, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Introduction of New City Employee, Teddy Okoye, Assistant City Engineer. Mayor Hunter Introduced New City Employee, Teddy Okoye, Assistant City Engineer. B. Proclamation Recognizing the New West Symphony Orchestra upon their Tenth Anniversary. Councilmember Harper presented Dean Lesiak, New West Symphony Board Member and President of the Moorpark New West Symphony Orchestra, with a proclamation Minutes of the City Council Moorpark, California Page 2 Se tember 7, 2005 recognizing the New West Symphony Orchestra upon their tenth anniversary. 5. PUBLIC COMMENT: Tim Bryan, a Moorpark resident, spoke in opposition to the staff recommendation for Item 10.B., and expressed concern on the impact the parking restriction would have on residents adjacent to Glenwood Park. Mayor Hunter stated that the Council can't engage in discussion at this time, but he would pull the item from the Consent Calendar. Monica Mejia, 11011 Azahar Street, Saticoy, California, 93004, spoke on behalf of Cabrillo Economic Development Corporation. She extended an invitation to a Housing Conference they have scheduled, along with other agencies, for September 15, 2005. She indicated the subject of the Housing Conference is Work Force Housing. Gerald Goldstein spoke about Hurricane Katrina relief efforts as well as court enforced cleanup of his property and the City's Code Compliance program. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:45 p.m. The City Council meeting reconvened at 7:46 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: It was the consensus of the Council to continue Item 9.C. to the September 21, 2005, City Council meeting at the request of Mayor Hunter. CONSENSUS: It was the consensus of the Council to continue Item 8.F. to the October 5, 2005, City Council meeting at the request of Councilmember Millhouse. CONSENSUS: It was the consensus of the Council to pull Item 10.D. from the Consent Calendar for individual consideration. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS! Mayor Hunter made an announcement regarding Hurricane Katrina. He referenced a list of relief organizations that Minutes of the City Council Moorpark, California Page 3 Se tember 7, 2005 was available on the City's website at www.ci.moorpark.ca.us. He requested Adjournment of the City Council meeting in memory of the victims of Hurricane Katrina, and stated that the flags on all City buildings will be flown at half -staff for a period of one week. He also stated that the flags have been lowered to honor Chief Justice William Rehnquist, who passed away earlier this week. Mayor Hunter gave a summary of the Hurricane relief actions under consideration by the City of Moorpark, which include a cash donation of approximately $35,000, based on $1.00 to be donated for each Moorpark resident, to be distributed on a per capita share to the Gulf Coast. He challenged other cities in Ventura County to follow suit and explore possibilities to make a similar donation. He stated the City of Moorpark will work with the Moorpark Unified School District as partners on a Task Force to include Mayor Hunter and Councilmember Parvin to explore options to house a displaced family with children for one year in Moorpark and will work with local businesses to help offset costs. He also stated these relief options will be formalized at the September 21, 2005, City Council meeting. Councilmember Millhouse thanked Ken Gilbert and his staff along with Doug Failing; Caltrans District 7 Division, on the tremendous improvement of traffic flow, as a result of the left -hand turn signal at the intersection of Casey Road and Walnut Canyon Road. Councilmember Millhouse thanked the staff of the Ventura County Transportation Commission for their efforts in achieving the award of state funds for improvements to State Route 23 and being one of the first projects to receive funding. Councilmember Millhouse thanked City staff for coordinating a successful Youth Sports Commission meeting as well as the build out of the Arroyo Vista Community Park. In response to Council questions, Mr. Riley indicated the current completion deadline for the Police Services Center is estimated to be October 8, 2005, and that a date had not yet been scheduled for a grand opening. He discussed the work to be completed on the project. Minutes of the City Council Moorpark, California Page 4 Se tember 7, 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 June 15, 2005, with public hearing closed) Staff Recommendation: Continue subject items with public hearing closed to September 21, 2005. Mr. Bobardt stated staff is recommending this item be continued to the September 21, 2005, City Council meeting with the public hearing closed to coincide with the election resolutions which will be returning for Council's consideration on that date. MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to continue agenda item 8.A. with public hearing closed to September 21, 2005. The motion carried by unanimous voice vote. B. 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. (continued from June 15, 2005, with public hearing closed) Staff Recommendation: Continue closed public hearing to September 21, 2005. Mr. Kueny requested Council defer the consideration of this item to the September 21, 2005, City Council meeting with the public hearing closed to also coincide with the election resolutions which will be returning for Council's consideration on that date. In response to Councilmember Mikos' suggestion to make a brief change to the language on stamped page three, the tenth line, after "enhancement program" add "or agreement" to allow for more flexibility, Mr. Kueny indicated such would be discussed with the applicant and the Council would be provided with an answer in two weeks. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to continue agenda item 8.B. with public Minutes of the City Council Moorpark, California Page 5 Se tember 7, 2005 hearing closed to September 21, 2005. The motion carried by unanimous voice vote. C. 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 21, 2005. (continued from July 20, 2005, with public hearing open) Staff Recommendation: 1) Continue open public hearings; and 2) Adopt Resolutions Nos. 2005 -2396 and 2005 -2397 continuing the open public hearings to September 21, 2005. Mr. Riley gave the staff report. Mayor Hunter indicated the public hearing was open. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to adopt Resolutions Nos. 2005 -2396 and 2005 -2397 continuing the open public hearings to September 21, 2005. The motion carried by unanimous voice vote. D. Consider Resolution Declaring the Private Parkin Facilities Located at the Northwest Corner of Los Angeles Avenue and Goldman Avenue (IPD 2000 10), Subject to the Provisions of The California Vehicle Code. Staff Recommendation: 1) Open the public hearing, receive public testimony, and close the public hearing; and 2) Adopt Resolution No. 2005 -2374. Mr. Gilbert gave the staff report. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mayor Hunter closed the public hearing. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to adopt Resolution No. 2005 -2374. The motion carried by unanimous voice vote. E. Consider Resolution Declaring the Private Streets within Tract 5133 to be Subject to the Provisions of Minutes of the City Council Moorpark, California Page 6 Se tember 7, 2005 the California Vehicle Code. Staff Recommendation: 1) Open the public hearing, receive public testimony, and close the public hearing; and 2) Adopt Resolution No. 2005 -2375. Mr. Gilbert gave the staff report. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2005 -2375. The motion carried by unanimous voice vote. F. Consider Zoning Ordinance Amendment No 2004-06: to Chapter 17.40 (Sign Requirements) to Address Banner /Special Event Signing, Open House, Garage Sale Signing, and to Reorganize the Sign Regulations for Greater Clarity and Ease of Use. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Introduce Ordinance No. approving Zoning Ordinance Amendment No. 2005 -06, for first reading and schedule second reading and adoption for September 21, 2005. Mayor Hunter deferred the staff report as a result of the earlier consensus to continue this item to the October 5, 2005, City Council meeting. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. In response to Councilmember Parvin, Mr. Hogan indicated comments were received from the Moorpark Chamber of Commerce and the comments were reviewed by staff and the Planning Commission. Mr. Hogan indicated significant recommendations by the Chamber were incorporated. Minutes of the City Council Moorpark, California Page 7 Se tember 7, 2005 Councilmember Harper expressed concern with the proposed sign code revision to allow larger political campaign signs. In response to Mayor Hunter, Ms. Traffenstedt confirmed there were no speakers. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to continue the open public hearing to the October 5, 2005, City Council meeting. The motion carried by unanimous voice vote. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Awarding a Contract for the Construction of Median Landscaping on Tierra Rejada Road East of Spring Road (Project 8042) and Resolution Amending the Fiscal Year 2005/06 Budget to Fund Said Project. Staff Recommendation: 1) Approve the award of a construction contract to Environmental Construction, Inc. for the construction of subject project; and 2) Adopt Resolution No. 2005 -2376, amending the FY 2005/06 budget for said project. Mr. Gilbert gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to award a construction contract to Environmental Construction, Inc., and adopt Resolution No. 2005 -2376, amending the FY 2005/06 budget. The motion carried by unanimous voice vote. B. Consider Teen Council Staff Recommendation: appropriate. ointment to Fill One Vacancy. Direct staff as deemed Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mayor Hunter nominated Justin Tung to fill one vacancy on the Teen Council. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to appoint Justin Tung to fill one Minutes of the City Council Moorpark, California Page 8 Se tember 7, 2005 vacancy on the Teen Council. The motion carried by unanimous voice vote. C. Consider an Ordinance of the City of Moorpark, Amending Title 6, Animal Regulations, to Reflect Current Conditions and Services and Make Technical Changes for Clarity of Language and Purpose. Staff Recommendation: Introduce Ordinance No. for first reading, waive full reading, and declare the ordinance introduced for first reading. (Staff: John Brand) CONSENSUS: It was the consensus of the Council to continue Item 9.C. to the September 21, 2005, City Council meeting at the request of Mayor Hunter. There was one speaker who indicated she would return to speak in two weeks. In response to Mayor Hunter, Ms. Traffenstedt confirmed there were no other speakers. MOTION: Mayor Hunter moved and Councilmember Parvin seconded a motion to continue this item to the September 21, 2005, City Council meeting. The motion carried by unanimous voice vote. D. Consider Ad Hoc Committee Recommendation on a Development Agreement with Warehouse Discount Center for the Property Located on the East Side of State Route 23, Immediately North of New Los Angeles Avenue (Lot _1 of Tract 5004). Staff Recommendation: Direct staff to set and advertise public hearings before the Planning Commission and City Council for consideration of the proposed development agreement. Mr. Hogan 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 set and advertise public hearings for consideration of the Development Agreement with Warehouse Discount Center before the Planning Commission on September 27, 2005, and the City Council on October 5, 2005. Minutes of the City Council Moorpark, California Page 9 Se tember 7, 2005 10. CONSENT: MOTION: Councilmember Parvin moved and Councilmember Millhouse seconded a motion to approve the Consent Calendar with the exception of Item 10.D., which was pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of January 19, 2005. Consider Approval of Minutes of Regular Meeting of July 20, 2005. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2004 -2005 - September 7, 2005. Manual Warrants Voided Warrant 119881 - 119937 & 120014 - 120031 & 120126 - 120153 & 120154 - 120182 120158 $ 24,925.21 $ 434,925.31 $ 14,230.75 $ 506,242.46 $ (0.00) Staff Recommendation: Approve the warrant register. C. Consider Approval of Warrant Register for Fiscal Year 2005 -2006 - September 7, 2005. Manual Warrants 119877 - 119880 $ 23,269.30 Voided Warrant 120034 & $ (931.00) 120189 - 120194 & $ (0.00) 120299 $ (0.00) Payroll Liability 119938 - 119941 & $ 835.00 Warrants 120032 - 120036 & $ 1,761.00 120293 - 120297 & $ 1,777.75 120298 $ 931.00 Regular Warrants 119942 - 120001 & $ 18,918.57 120002 - 120013 & $ 148,400.49 120037 - 120125 & $ 37,244.67 120183 - 120292 $ 798,433.48 Staff Recommendation: Approve the warrant register. Minutes of the City Council Moorpark, California Page 10 September 7, 2005 E. Consider Authorization to Proceed with the Los Angeles Avenue /Tierra Rejada Road Parkway Landscaping Project (Project 8033). Staff Recommendation: Direct staff to proceed with the development and implementation of the subject project, as described in the agenda report. F. Consider Request for the Formation of Assessment District AD06 -01 (Shea Homes - Tentative Tract Map No 5133) and Resolution Initiating the Proceedings for Same. Staff Recommendation: 1) Accept and approve the Petition and Waiver from Shea Homes requesting the formation of Assessment District AD06 -01; and 2) Adopt Resolution No. 2005 -2377 initiating the proceedings required for the formation of said District. G. Consider Resolution Delegating Denial Authority to the City Manager Concerning Requests for the Transfer of Cable Television System Franchise Responsibilities to Time Warner. Staff Recommendation: Adopt Resolution No. 2005 -2378. H. Consider Resolution Amending the Fiscal Year 2005/06 Budget to Appropriate $18,500 for Miscellaneous Computer Related Supplies. Staff Recommendation: Adopt Resolution No. 2005 -2379. I. Consider Rejection of Claim: Richard Zeiler. Staff Recommendation: Reject the claim and direct staff to send a standard rejection letter to claimant. J. Consider Authorizing Use of City Marquee Signs and Portable Lights for Rotary Club Civil War Reenactment Event Scheduled for November 5 and 6, 2005, at Tierra Rejada Ranch. Staff Recommendation: Approve use of City marquee signs and approve use of City portable lights, subject to conditions specified in the agenda report. K. Consider Report of Annual Development Agreement Review, Established in Connection with Moor ark Country Club Estates, Located Approximately 2,700 Feet South of Broadway between Grimes Canyon Road and Walnut Canyon Road (Tract 4928), on the Application of Toll Brothers, Inc. Staff Recommendation: 1) Accept the Community Development Director's Report and Minutes of the City Council Moorpark, California Page 11 September 7, 2005 recommendation that, on the basis of substantial evidence, Toll Brothers, Inc. has complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. L. Consider Report of Annual Development Agreement Review, Established in Connection with Vistas at Moorpark, Located on the West Side of Walnut Canyon Road, Approximately 3,500 Feet North of Casey Road, on the Application of Moorpark 150, LLC (SunCal Companies). Staff Recommendation: 1) Accept the Community Development Director's Report and recommendation that, on the basis of substantial evidence, Moorpark 150 LLC (SunCal Companies) has complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. M. Consider Final Map Ap roval for Tract Map No 5133. Staff Recommendation: Authorize the Mayor and City Clerk to sign the map and the City Clerk to cause Tract Map No. 5133 to be recorded in the office of the Ventura County Recorder. N. Consider Arroyo Vista Community Park Traffic Flow Improvements and Notice of Completion. Staff Recommendation: Approve the AVCP Traffic Flow Improvement plans and specification and 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. O. Consider Resolution Amending the Fiscal Year 2005/06 Budget for Modification to the City Hall Public Counter. Staff Recommendation: Adopt Resolution No. 2005 -2380, amending the FY 2005/06 budget by appropriating $30,000 from the General Fund Reserve tc the Parks, Recreation, and Community Services Department's Facility Division budget. P. Consider Agreement for Professional Services with MuniFinancial as Special Tax Consultant Relating to the Formation, Financing, and Annual Administration of Minutes of the City Council Moorpark, California Page 12 Se tember 7, 2005 Moorpark Highlands and Moor ark Vista Community Facilities Assessment Districts. Staff Recommendation: Approve agreement for professional services with MuniFinancial, subject to final language approval by the City Manager and the City Attorney. Q. Consider Surety Bond Reduction for Richmond American Homes of California, Inc (Tract 4977). 1) Authorize the City Clerk to reduce Surety Bond #23 -89 -85 for Monuments to 10% for Richmond American Homes of California, Inc. (Tract 4977); and 2) Authorize the City Clerk to fully exonerate the referenced surety (Tract 4977) one year after the approval of the reduction of the surety bond and upon written confirmation from the City Engineer that no warranty work is required. R. Consider Surety Bond Reductions for Zelman Moorpark Marketplace, LLC (Tract 5321). 1) Authorize the City Clerk to reduce Surety Bonds #103849609 for Street Improvements, #103849610 for Site Improvements, and #103849591 for Monuments to 10% for Zelman Moorpark Marketplace, LLC (Tract 5321); and 2) Authorize the City Clerk to fully exonerate the aforementioned sureties (Tract 5321) one year after this approval of the reduction of surety bonds and upon written confirmation from the City Engineer that no warranty work is required. S. Consider Surety Bond Reductions for Cabrillo Economic Development Corporation, Mountain View Homes (Tract 5161). 1) Authorize the City Clerk to reduce Surety Bonds #3SM98563000 for Performance and Payment, #3SM98563200 for Grading, #3SM98563300 for Subdivision and Faithful Performance, #835229S for Performance and Payment, and #835830S for Grading to 10% for Cabrillo Economic Development Corporation, Mountain View Homes (Tract 5161); and 2) Authorize the City Clerk to fully exonerate the aforementioned sureties one year after this approval of the reduction of surety bonds and upon written confirmation from the City Engineer that no warranty work is required. Minutes of the City Council Moorpark, California Page 13 q- +-ember 7, 2005 The following item was pulled for individual consideration: D. Consider Resolution Establishing Parking Restrictions on Harvester Street. Staff Recommendation: Adopt Resolution No. 2005 -2381. Mr. Gilbert gave the staff report. The Council discussed Mr. Bryan's concerns regarding the proposed time period for the parking restrictions and the impact based on limited parking availability across from Glenwood Park. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to adopt Resolution No. 2005- 2381, as amended, to restrict parking on Harvester Street from 2 a.m. to 6 a.m. The motion carried by unanimous voice vote. 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for one case under Item 12.B. and Item 12.C. on the agenda. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adjourn to closed session for a discussion of one case under Item 12.B. and Item 12.C. on the agenda. The motion carried by unanimous voice vote. The time was 8:44 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) 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 Minutes of the City Council Moorpark, California Page 14 September 7, 2005 Present in closed session were Councilmembers Harper, Mikos, Millhouse, Parvin and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistance City Manager; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Administrative Services Director /City Clerk. The Council reconvened into open session at 9:40 p.m. Mr. Kueny stated one case under Item 12.B. and Item 12.C. were discussed and there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourne the meeting �t 9:4 of the victims of H ricane Katrina. / ATTEST: Deborah S. Traffenste City Clerk ick H M yor memory