HomeMy WebLinkAboutMIN 2006 0802 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California August 2, 2006
A Regular Meeting of the City Council of the City of Moorpark was held on August 2,
2006, 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 7:18 p.m.
2. PLEDGE OF ALLEGIANCE:
Yugal Lall, City Engineer /Public Works Director, 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; Mary Lindley,
Parks /Recreation and Community Services Director; Barry
Hogan, Community Development Director; Johnny Ea,
Finance Director; Yugal Lall, City Engineer /Public Works
Director; Captain Jeff Matson, Sheriff's Department;
Maureen Benson, Deputy City Clerk; and Blanca Garza,
Deputy City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
None.
5. PUBLIC COMMENT:
None.
AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the
Moorpark Redevelopment Agency. The time was 7:19 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 Council to hear Item 9.A. at the end of the
agenda at the recommendation of Mayor Hunter and to pull Item 10. K. from the Consent
Calendar to be rescheduled at the request of Mr. Kueny.
Minutes of the City Council
Moorpark, California Pape 2 August 2 2006
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Parvin discussed a promotion on Channel 10 notifying small
business owners they can receive no -cost business assistance through the City's
partnership with the Ventura County Economic Collaborative.
Councilmember Mikos announced she had attended a Santa Monica Mountains
Conservancy meeting on July 31 where discussion concerned preparation of a
Public Works Plan to develop the rest of the coastal slope trail within Los
Angeles County and in Malibu.
Councilmember Harper announced Mary Lindley, Parks /Recreation and
Community Services Director, gave a report at the July 20, Library Commission
meeting on the City of Moorpark's plans to withdraw from the Library System.
The Commission discussed how to minimize and share costs associated with the
withdrawal.
8. PUBLIC HEARINGS:
CONSENSUS: It was the consensus of the Council to hear Items 8.A. and 8.13.
concurrently.
A. Consider General Plan Amendment No. 2003 -04, Zone Change No. 2003-
03, Development Agreement No. 2004 -01, Tentative Tract Map No. 5463
and Residential Planned Development Permit No. 2003 -04 for Fifty -One
(51) Single - Family Homes on 43.04 Acres North of Championship Drive
and East of Grimes Canyon Road, on the Application of Toll Brothers Inc.
(continued public hearing open from July 19, 2006) Staff
Recommendation: 1) Continue to receive public testimony, and close the
public hearing; 2) Adopt Resolution No. 2006- adopting a Mitigated
Negative Declaration and approving General Plan Amendment No. 2003-
04; 3) Introduce, for first reading, Ordinance No. approving zone
Change No. 2003 -03, and set August 16, 2006, for second reading; 4)
Introduce, for first reading, Ordinance No. to adopt the Development
Agreement No. 2004 -01, and set August 16, 2006, for second reading; 5)
Adopt Resolution No. 2006- approving Tentative Map No. 5463 and
Residential Planned Development Permit No. 2003 -04, subject to
Conditions of Approval.
B. Consider General Plan Amendment No. 2003 -04 Zone Change No 2003-
03, Development Agreement No. 2004 -02 Tentative Tract Map No 5464
and Residential Planned Development Permit No. 1994 -01 • Modification
No. 6 for Thirty -Six (36) Single - Family Homes on 28.69 Acres North of
Championship Drive and West of Walnut Canyon Road on the Application
of Toll Brothers, Inc. (continued public hearing open from July 19, 2006)
Staff Recommendation: 1) Continue to receive public testimony, and
Minutes of the City Council
Moorpark, California Page 3 August 2, 2006
close the public hearing; 2) Adopt Resolution No. 2006- , adopting a
Mitigated Negative Declaration and approving General Plan Amendment
No. 2003 -04; 3) Introduce, for first reading, Ordinance No. approving
Zone Change No. 2003 -03, and set August 16, 2006, for second reading;
4) Introduce, for first reading, Ordinance No. to adopt the
Development Agreement No. 2004 -02, and set August 16, 2006, for
second reading; and 5) Adopt Resolution No. 2006- approving
Tentative Map No. 5464 and Residential Planned Development Permit No.
1994 -01, Modification No. 6, subject to Conditions of Approval.
Mr. Hogan gave the staff reports, answered questions posed at the last
meeting or received by email, and proposed an additional condition for
both tracts to indicate, prior to or concurrent with the completion of street
improvements along Grimes Canyon and Walnut Canyon Roads, the
developer shall provide 12 -foot wide multi - purpose trails to stub out the
City's system to the northern end.
Mr. Kueny provided information on the unique features of the development
agreements requiring implementation of the Public Facilities Fee and open
space compensation requirements.
In response to Councilmember Mikos, Mr. Hogan stated the mitigation
measure missing from the Mitigated Negative Declaration dealing with
PCB contamination will be added to the document and editorial changes
will be made to clarify the language for Mitigation Measure 6.2 dealing
with landslide remediation.
Mayor Hunter announced the public hearings remain open.
Craig Messi, representing Toll Brothers, Inc, 301 Science Drive, Moorpark,
California, described Toll's community outreach to provide information to
the residents and to respond to concerns regarding the projects. He
presented a new proposal for developing a recreational facility in Tract
5463 if the Homeowner's Association agrees to sell that land to Toll; and
discussed other components of the projects.
Rob Talmadge, planning and engineering consultant for Toll Brothers, Inc.
from Jensen Designs and Survey, Inc, 4171 Market Street, Suite 4A,
Ventura, California, compared the new developments to the existing Toll
community; discussed the trail system; and clarified the number of view
lots.
David Schwabauer, Gregory Horton, Tucker Brown, and Tracy Ourhaan
offered comments on the projects including: 1) The need for a
requirement for fencing or a buffer between the developments and
agricultural land on the north border; 2) Making the proposal more
attractive to the HOA by providing more amenities; 3) The need for
Minutes of the City Council
Moorpark, California Page 4 August 2, 2006
mandated landscaping on slopes adjacent to streets; 4) Providing
separate construction entrances away from the existing development; 5)
Eliminating tactics now being used to force closings without all warranty
work being completed; 6) Providing each gated section of the
development with its own parks so children do not have to cross
Championship Drive; 7) Disallowing Toll to sell another house before all
warranty work is completed in the existing development; 8) Installing
access from Championship Drive rather than bisecting Trevino Drive; 9)
Questioning the number of votes Toll has on the HOA; 10) Identifying
benefits to the City from a tax situation, the additional parks, and the
straightening of the street; and 11) Requiring Toll to give $100,000 to the
City to hire a project manager to correct all warranty issues.
Keith Palmquist, Mike Sullivan, Patrick Leyden, Christopher Worstell, Mark
Nizdil, Kerri McCoy, Brian Hennessy, Abur Arastu, and David Jacobs
spoke in opposition to the projects and expressed a variety of concerns
including: 1) Loss of mountain vista views due to increased density; 2)
Cutting off the crown of the hillside; 3) The delayed release of the common
areas to the Homeowners Association on the Husted property; 4) Violation
of the CC &R's by allowing ingress /egress without the HOA approval; 5)
Less than fair market value being offered for the property; 6) Increase in
the total number of homes than originally approved for this area; 6)
Potential slope failures; 7) Saturating the market with unneeded homes; 8)
More time needed to investigate HOA legal rights to the land and consult
with legal advisors; 9) Noise from early morning construction traffic; 10)
Headlights shining into homes; 11) Road - paving rescheduled several
times; 12) Another four years of construction requiring the gates to remain
open so children cannot play safely; 13) Quality of life impacts from
moving 1.5 million tons of dirt; 14) Warranty work for existing homes is not
completed in a timely manner; 15) Need to clarify ownership of property in
question; and 16) Whether acres have been double- counted from current
development to be included toward the calculations for the new
development.
Sherri Standage, Kevin McConnell, Dianna Ferguson, Ken Josing,
Richard Taylor, and Eric Grable spoke in favor of the projects and
expressed similar views that only Toll should be the developer of these
projects in order to maintain the same high quality of homes; Toll has
gone out of its way to accommodate the homeowners; and the approval of
these projects will bring development up to the County line with a product
in which the City is familiar.
Roseann Stevenson, President of the Toll Homeowners Association,
clarified the membership of the association and the members' voting
rights. Speaking in her capacity as a resident, Ms. Stevenson requested a
condition of approval requiring the four entrances to the developments be
dedicated to the HOA for consistency of landscaping and maintenance.
Minutes of the City Council
Moorpark, California Page 5 August 2 2006
In response to Douglas Aberle who requested information on who
currently owns the open space land in question north of Trevino Drive and
if the project is turned down what happens to the land, Mayor Hunter
stated staff would address these questions later in the meeting.
In response to Mayor Hunter, Ms. Benson summarized three Written
Statements cards; one in favor of the projects from Lynda Rummelhoff
requesting lower density and pocket parks for each tract; and two Written
Statements in opposition to the projects with the first from Rick and Kris
Hansen expressing concerns regarding the already existing overcrowding
at Moorpark High School and additional traff ic on Walnut Canyon Road.
The second opposing Written Statement from Dan and Terry Cardin
stated Toll must satisfy warranty issues for existing homeowners before
being allowed to build additional homes.
AT THIS POINT in the meeting a recess was declared. The time was 10:03 p.m. The
meeting reconvened at 10:28 p.m.
AT THIS POINT in the meeting Mayor Hunter reordered the agenda to continue Items
9.A, 93, 9.C, and 9.G. to August 16, 2006. The meeting continued with Items 8.A. and
8.B. The time was 10:30 p.m.
Mr. Messi responded to the public comments, outlined the improvements
the project will bring to Moorpark, and clarified the ownership of the parcel
of land in question and when it will be turned over to the HOA.
In response to Mayor Hunter and Councilmember Mikos' concerns, Mr.
Montes stated the City Council has the authority to make decisions
regarding the General Plan Amendment and Zone Change, and has the
authority to deal with the current owner of the parcel in question. He
continued by stating the Council may want to explore future ownership
and future access rights to this parcel.
In response to Councilmember Mikos' suggestion that, if the project is
approved, the Development Agreement contain a condition to deal with
the access road to ensure the project can be completed, Mr. Messi stated
he would agree to such a condition.
Mr. Kueny stated the applicant should be required to produce proof of
ownership and to show when the requirement for transfer of the parcel to
the HOA is to take place for the City Attorney to review and discuss with
the applicant's attorney, which would require continuing the hearing with
the public hearing open to September 20, 2006.
Mr. Messi responded to Council questions regarding other project - related
issues including other recreational amenities to be inserted in the project,
Minutes of the City Council
Moorpark, California Page 6 August 2 2006
annexation of the new areas into existing HOA, elimination of Lots 1 and 2
to provide a community recreation area, providing documentation on
outstanding service and warranty problems along with a chronology of
how the issues have been reduced, attempting to accommodate retention
of the large Heritage oak tree in place, and complying with providing non-
invasive native plant materials.
MOTION: Councilmember Mikos moved and Councilmember Harper seconded
a motion to continue the open public hearings to September 20, 2006 with
direction for Toll Brothers representatives to meet with staff, and as needed with
the City Attorney, to resolve issues raised during this meeting. The motion
carried by voice vote 4 -0, Councilmember Millhouse absent.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Mission Statement Priorities Goals and Objectives for Fiscal
Year 2006/2007. (continued from July 19, 2006) Staff Recommendation:
Approve the Mission Statement, Priorities, Goals, and Objectives for
Fiscal Year 2006/2007.
This item was continued to August 16, 2006.
B. Consider the Establishment of an Ad -Hoc Committee to Develop a Draft
Development Agreement between Centex Homes and the City of
Moorpark for General Plan Amendment No. 2004 -02 Zone Change No
2004 -02, Tentative Tract Map No. 5505 and Residential Planned
Development Permit No. 2004 -04. Staff Recommendation: Appoint two
(2) Councilmembers to an Ad -Hoc Committee.
This item was continued to August 16, 2006.
C. Consider Underground Utility Project Priorities. Staff Recommendation:
Approve the work plan set forth in Section K of the agenda report.
This item was continued to August 16, 2006.
D. Consider Designation of a Site for New Veterans Memorial for Moorpark.
Staff Recommendation: Approve recommendation of the Veterans
Memorial Advisory Group for the development of a new Moorpark
Veterans Memorial at the remnant parcel across from the Moorpark Police
Services Center at the southeast corner of Flinn Avenue and Spring Road.
Mr. Riley gave the staff report.
James Carpenter, Vice Commander of Post 502 of the American Legion,
spoke in favor of the proposed site for the new Veterans memorial.
Minutes of the City Council
Moorpark, California Page 7 August 2 2006
Councilmember Parvin recommended tying the new memorial site to the
Police Services Center site with a coordinated use of artwork.
MOTION: Councilmember Parvin moved and Councilmember Harper seconded
a motion to approve the recommendation of the Veterans Memorial Advisory
Group for the development of a new Moorpark Veterans Memorial at the remnant
parcel across from the Moorpark Police Services Center at the southeast corner
of Flinn Avenue and Spring Road, as amended, for art in public places to be
coordinated with the Police Services site. The motion carried by voice vote 4 -0,
Councilmember Millhouse absent.
E. Consider Formation of the Moorpark Library Task Force. Staff
Recommendation: Approve the formation of the Moorpark Library Task
Force as outlined in the agenda report.
Ms. Lindley gave the staff report.
In response to Mayor Hunter, Ms. Benson stated there were no speakers.
MOTION: Councilmember Harper moved and Councilmember Parvin seconded
a motion to approve the formation of the Moorpark Library Task Force as outlined
in the agenda report. The motion carried by voice vote 4 -0, Councilmember
Millhouse absent.
F. Consider Rescinding Prior Council Decision to Cancel Reaular Meetina of
August 16, 2006, and Consider Cancellation of September 6 2006
Regular Meeting. Staff Recommendation: Direct staff to post a notice
rescinding the cancellation of the August 16, 2006, regular meeting and to
post a notice of meeting cancellation for September 6, 2006.
Mr. Kueny gave the staff report.
In response to Mayor Hunter, Ms. Benson stated there were no speakers.
MOTION: Councilmember Mikos moved and Councilmember Harper seconded
a motion to direct staff to post a notice rescinding the cancellation of the August
16, 2006, regular meeting and to post a notice of meeting cancellation for
September 6, 2006. The motion carried by voice vote 4 -0, Councilmember
Millhouse absent.
G. Consider Ordinance to Amend Titles 1 and 15 of the Moorpark Municipal
Code by Adding Chapter 1.10 "Code Violations Penalties and
Enforcement'; Amending Chapter 1.12 and Changing the Title from
"Enforcement and Penalties" to "Nuisances Adding Chapter 1.16,
"Administrative Citations and Amending Section 15.04.060, "Violations
and Penalties ". Staff Recommendation: 1) Introduce Ordinance No. 338
for first reading; 2) Schedule second reading and adoption for August 16,
Minutes of the City Council
Moorpark, California Page 8 August 2 2006
2006; and 3) Direct staff to prepare a fee resolution for City Council
consideration on September 20, 2006.
This item was continued to August 16, 2006.
H. Consider Ordinance to Amend Title 9 of the Moorpark Municipal Code by
Adding Chapter 9.32, "Social Host Ordinance ". Staff Recommendation:
1) Introduce Ordinance No. 338 for first reading.
Captain Matson gave the staff report.
A discussion among the Councilmembers and staff focused on expanding
the definition of areas where drinking would be prohibited to be
inclusionary, not exclusionary.
Dan Hicks, Program Administrator for Ventura County Limits, a part of the
Ventura County Behavioral Health Department, stated the County has
budgeted to assist local governments with implementation costs.
Mr. Montes read the title of Ordinance No. 338.
Mr. Kueny requested this item be scheduled for second reading on
September 20, 2006, to coincide with the Item 9.G. which was continued.
MOTION: Councilmember Parvin moved and Councilmember Harper seconded
a motion to waive further reading, declare Ordinance No. 338 amending Title 9 of
the Moorpark Municipal Code read for the first time, as amended, and schedule
second reading and adoption for September 20, 2006. The motion carried by
voice vote 4 -0, Councilmember Millhouse absent.
I. Consider Ordinance to Amend Title 12 of the Moorpark Municipal Code by
Adding Chapter 12.26, "Street Dedication and Improvements ". Staff
Recommendation: 1) Introduce Ordinance No. 339 for first reading; and
2) Schedule second reading and adoption for August 16, 2006.
Mr. Hogan discussed changes to the wording of Ordinance No. 339.
In response to Mayor Hunter, Ms. Benson stated there were no speakers.
Mr. Montes read the title of Ordinance No. 339.
MOTION: Councilmember Harper moved and Councilmember Parvin seconded
a motion to waive further reading, declare Ordinance No. 339 amending Title 12
of the Moorpark Municipal Code read for the first time, as amended, waive further
reading, and schedule second reading and adoption for August 16, 2006. The
motion carried by voice vote 4 -0, Councilmember Millhouse absent.
Minutes of the City Council
Moorpark, California Page 9 August 2 2006
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Harper moved and Councilmember Parvin seconded a
motion to approve the Consent Calendar with the exception of Item 10.K, which was
pulled for individual consideration. The motion carried by roll call vote 4 -0,
Councilmember Millhouse absent.
A. Consider Approval of Warrant Register for Fiscal Year 2005-2006=
August 2, 2006. Staff Recommendation: Approve the warrant register.
B. Consider Approval of Warrant Register for Fiscal Year 2006 -2007 —
August 2, 2006. Staff Recommendation: Approve the warrant register.
C. Consider Cash Deposit Refund for M & M Development Ltd L P (Campus
Plaza, Parcel Map 5264). Staff Recommendation: Authorize the City
Clerk to refund the cash deposit in the amount of $179,252.60 for M & M
Development Ltd, L.P.
D. Consider Bond Exoneration for Pardee Homes, Moorpark Highlands. Tract
5045, Phase 8, Planning Areas 8 and 9. Staff Recommendation:
Authorize the City Clerk to fully exonerate the above referenced Surety
Bond — Improvements, Performance and Payment, for Pardee Homes,
Moorpark Highlands, Tract 5045, Phase 8, Planning Areas 8 and 9. (Staff:
Yugal Lall)
E. Consider Status Report on Building Design for Ruben Castro Human
Services Center. Staff Recommendation: Receive and file report. (Staff:
Hugh Riley)
F. Consider Final Map Approval for Tract Map Nos. 5045 -6 and 5045 -7
(Pardee Homes), and 5045 -8 (KB Homes). Staff Recommendation:
Authorize the Mayor and City Clerk to sign the maps and the City Clerk to
cause Tract Maps 5045 -6, 5045 -7, and 5045 -8 to be recorded in the office
of the Ventura County Recorder.
G. Consider Resolution Amending the Fiscal Year 2006/07 Budget for Park
Restroom Repairs. Staff Recommendation: Adopt Resolution No. 2006 -
2505. (ROLL CALL VOTE REQUIRED)
H. Consider Resolution Amending Fiscal Year 2006/07 Budget to Appropriate
Funds for Construction of Raised Median on Princeton Avenue at Campus
Park Drive. Staff Recommendation: 1) Approve "Concept" and direct staff
to complete the design plans; and 2) Adopt Resolution No. 2006 -2506.
ROLL CALL VOTE REQUIRED
Consider Approval of Consultant Tetra Tech Inc to Provide Design
Engineering Services for Raised Landscaped Median Project on Los
Minutes of the City Council
Moorpark, California Page 10 August 2 2006
Angeles Avenue from State Route 23 to Tierra Rejada Road: and a
Resolution Amending the Fiscal Year 2006/07 Budget to Appropriate
funds for Design Engineering Costs. Staff Recommendation: 1) Approve
selection of Tetra Tech, Inc. and authorize the City Manager to execute
Professional Consultant Agreement with Tetra Tech, Inc, and to proceed
with the preparation of design plans and environmental document; and 2)
Adopt Resolution No. 2006 -2507. ROLL CALL VOTE REQUIRED
J. Consider Bids Received for the Construction of the 2006 Pavement
Rehabilitation Project. Staff Recommendation: Reject all bids and direct
staff to redesign the project to lower project costs.
L. Consider a Two -Year Contract with Videomax Productions Inc. for
Provision of Cable Government Channel Production Operations
Maintenance, and Related Services. Staff Recommendation: Approve a
two -year agreement with Videomax Productions, Inc, effective July 1,
2006, subject to final language approval by the City Manager and City
Attorney.
The following item was pulled for individual consideration.
K. Consider Approval of the 2006 -2007 Agreement for Services with the
Moorpark Chamber of Commerce. Approve the 2006 -2007 Agreement for
Services between the City of Moorpark and the Moorpark Chamber of
Commerce, subject to final language approval by the City Manager.
Mr. Kueny requested this item be rescheduled to the next meeting.
CONSENSUS: It was the consensus of the Council to reschedule Item 10.K. for
August 16, 2006.
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
None.
12. CLOSED SESSION:
Mr. Kueny requested the City Council go into closed session for discussion of
Items 12.13. (one case) and 12.C. on the agenda.
MOTION: Councilmember Harper moved and Councilmember Parvin seconded a
motion to adjourn to closed session for a discussion of Items 12.13. (one case) and 12.C.
on the agenda. The motion carried by voice vote 4 -0, Councilmember Millhouse
absent. The time was 11:42 p.m.
Minutes of the City Council
Moorpark, California Page 11 August 2 2006
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 REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: Lots 111, 112, and 113 of the Colonia Virginia Tract. (AP Nos.
513 -0- 031 -025 and -035)
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Apostolic Assembly of the
Faith in Christ Jesus Church
Under Negotiation: Price and terms of payment
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; Barry Hogan, Community Development Director;
and Yugal Lall, City Engineer /Public Works Director.
The Council reconvened into open session at 12:20 a.m. Thursday August 3
2006. Mr. Kueny
discussed and there
13. ADJOURNMENT:
Mayor Hunter adjou
ATTEST:
Deborah S. Traffenstedt
City Clerk
stated one case under Item 12.13. and Item 12.C. were