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HomeMy WebLinkAboutMIN 2006 0816 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California August 16 2006 A Regular Meeting of the City Council of the City of Moorpark was held on August 16, 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 7:20 p.m. 2. PLEDGE OF ALLEGIANCE: Hugh Riley, Assistant City Manager, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Scott Porter, Assistant City Attorney; Hugh Riley, Assistant City Manager; Mary Lindley, Parks /Recreation and Community Services Director; Barry Hogan, Community Development Director; Yugal Lall, City Engineer /Public Works Director; Teddy Okoye, Assistant City Engineer; Joseph Vacca, Principal Planner; Captain Jeff Matson, Sheriff's Department; Deborah Traffenstedt, Administrative Services Director /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. City Manager's Monthly Report Mr. Kueny deferred the monthly report due to the length of the agenda. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: It was the consensus of the Council to pull Items 10. H. and 10.J. from the Consent Calendar for individual consideration upon the request of Councilmember Mikos. Minutes of the City Council Moorpark, California Page 2 August 16 2006 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter announced the City of Moorpark is forming a Library Task Force to advise staff during the transition of operations of the Moorpark Library from the County of Ventura to the City of Moorpark. The Moorpark Library Task Force will consist of nine members and will represent a broad spectrum of the community. The members will meet approximately four times during the next few months with the term of the task force ending on December 31, 2006. Mayor Hunter announced the Moorpark Active Adult Center and Moorpark Senior Citizens, Inc, will be holding a "Bingo Bash" fundraising event on Saturday, September 16 at the Moorpark Civic Center. You must be 18 or older to play. The special event will benefit the Moorpark Active Adult Center, a 55+ activity center. Mayor Hunter announced the City is organizing a cleanup of the Arroyo Simi for Saturday September 16. Volunteers will meet at Villa Campesina Park from 9:00 a.m. to 12:00 noon and are asked to bring gloves and wear sturdy shoes. Mayor Hunter announced a free landfill day for Moorpark residents will be Sunday, September 17, at the Simi Valley Landfill and Recycling Center at 2801 Madera Road from 9:00 a.m. to 3:00 p.m. Mayor Hunter announced Moorpark has established a Special Needs Registry for residents who may have difficulty evacuating during an emergency due to personal mobility issues. The Special Needs Registry is simply a list of persons who may need help; the program is not a promise or guarantee that the City will have the resources and the ability to assist you in an emergency. Mayor Hunter announced on weekends and evenings the County Animal Regulation staff is conducting a door to door canvass for cat and dog licensing. It is required that all cats and dogs over the age of four months have a rabies vaccination and a license. Mayor Hunter announced the Moorpark Summer Youth Pass is still available. Twenty dollars buys unlimited travel on Moorpark City Transit and the Beach Bus through September 15, for youth under the age of twenty -one. Mayor Hunter announced new household battery collection drop -off centers have been established at City Hall, Arroyo Vista Recreation Center and Radio Shack. Radio Shack, located at 361 West Los Angeles Avenue, will also accept small electronic devices such as cell phones, PDAs, MP3 players, and chargers. Minutes of the City Council Moorpark, California Page 3 August 16 2006 8. PUBLIC HEARINGS: A. Consider Resolution Approving Commercial Planned Development No 2005 -06 to Allow Construction of a 141,038 Sauare Foot Retail Home Improvement Warehouse Home Depot Store and Garden Center on a 12.9 -Acre Parcel Located at the East End of Patriot Drive Admacent to State Route 23 Freeway. (continued open public hearing from July 19, 2006) Staff Recommendation 1) Continue to receive public testimony and close the public hearing; and 2) Adopt Resolution No. 2006 -2509, concurring with the Community Development Director that all potentially significant environmental effects of this project have been analyzed adequately in an earlier Environmental Impact Report (SCH No. 92061076) and approving Commercial Planned Development Permit No. 2005 -06. Mr. Hogan described changes to conditions of approval stating the applicant is asking consideration for a change to Special Condition 25. on stamped page 39 to allow for an opening time of 6:00 a.m. and on this same page, staff would in the second line of Special Condition 31. substitute the word "developer" in the second line with "applicant ". On stamped page 47, in regard to loading and unloading hours for Standard Condition 45, the following verbiage was crossed out in error and should be reinstated, "if sufficient complaints are received to warrant such a change ". Mr. Vacca gave the staff report. Mayor Hunter stated the public hearing remains open Howard Hardin, site development and design consultant for Home Depot, WPIIDC, Inc, 1000 Lakes Drive, West Covina, California, described the store planned for Moorpark with its emphasis on home decorating; and responded to issues raised at the August 2, 2006, meeting. Rick Greene, real estate manager for Home Depot, 3800 West Chapman Avenue, Orange, California, explained the need for the earlier starting time will keep the trucks out of the peak commuter and school traffic. He stated Home Depot would like to offer a total of $50,000 towards charitable gift cards and described other projects Home Depot is involved in which help in the community. Mr. Greene reminded the Council that during natural disasters Home Depot is an immediate source for emergency supplies. Mark Ossola, land owner of the Home Depot site, M.W. Moorpark Carlsberg Holdings, LLC, 25410 Cumberland Lane, Calabasas, California, stated he will match whatever Home Depot offers as a charitable Minutes of the City Council Moorpark, California Page 4 August 16 2006 contribution; and that he is here to develop a project he can be proud of and that the City can benefit from. Michael Mauck, James Box, John Greenwood, and Linda Galvan spoke in opposition to the project and expressed concerns regarding: 1) Outdated Environmental Impact Report, especially the traffic study; 2) Need for an independent economic impact study and the effects of Home Depot on other retailers; 3) Diminished quality of life for those living on Miller Parkway due to noise and traffic; 4) Undocumented workers and day laborers loitering on site; 5) Illegal dumping of construction debris on site; 6) Increase of commercial truck traffic; 7) Air quality impacts and noise requiring citizens to keep windows closed and run up the air conditioning bill; 8) Safety impacts to children crossing Miller Parkway to play at the park; and 9) Need for a dedicated on /off ramp for Home Depot from State Route 23. Mr. Greene stated he would be willing to contribute the entire $50,000 to the Human Services Center at the suggestion of Councilmember Mikos; and Mr. Ossola pledged another $150,000 from himself, his partner, and his broker to the Human Services Center and other local charities. AT THIS POINT in the meeting a recess was declared. The time was 9:42 p.m. The meeting reconvened at 10:03 p.m. and continued on with Item 8.A. Mayor Hunter closed the public hearing. A discussion followed among Councilmembers, Mr. Greene, and staff regarding the conditions of approval including: specifying the hours /days of operation, loading /unloading, and property maintenance; a charitable contribution in the amount of $200,000 payable to the City prior to occupancy for the City's discretionary use; five - minute limit for truck idling, creating a "round- about" at the cul -de -sac with a landscape barrier in the center; restrictive truck route; native landscape plantings adjacent to open space and prohibit invasive plantings, and a condition to prohibit loitering on site to the full extent of the law. The Council also discussed the need to have the City adopt an anti - loitering ordinance. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to adopt Resolution No. 2006 -2509, concurring with the Community Development Director that all potentially significant environmental effects of this project have been analyzed adequately in an earlier Environmental Impact Report (SCH No. 92061076) and approving Commercial Planned Development Permit No. 2005 -06, as amended to add conditions, subject to final language approval by the City Manager and City Attorney to include: 1) Limit truck idling to five minutes after arrival; 2) Restrict landscaping in the transition area adjacent to open space to City approved native trees, shrubs and groundcover; 3) Disallow Minutes of the City Council Moorpark, California Page 5 August 16 2006 any prohibited plants as named in the City's Landscape Guidelines; 4) Post signs on Miller Parkway south of Patriot Drive prohibiting truck traffic with final language to be reviewed and approved by the City Engineer and Community Development Director; 5) Establish operating hours to be 6:00 a.m. to 10:00 p.m. Monday through Friday, 6:00 a.m. to 9:00 p.m. Saturday, and 8:00 am. to 9:00 pm. on Sunday; 6) Limit exterior property maintenance to be performed between the hours of 9:00 a.m. and dusk daily; 7) Prohibit overnight parking of commercial vehicles except for Home Depot rental trucks as approved by the Community Development Director; 8) Enforce no loitering to the maximum extent permitted by law; 9) Design Patriot Drive cul -de -sac as a traffic circle /roundabout; and 10) Contribute $200,000.00 to the City for use at its sole discretion. The motion carried by roll call vote 3 -2, Councilmember Millhouse and Mayor Hunter dissenting. B. Consider Resolution Establishing Encroachment Permit Fees for Real Estate Open House Signs in the Public Right -of Way. Staff Recommendation: 1) Open the public hearing, receive public testimony, and close the public hearing; and 2) Adopt Resolution No. 2006 -2510. ROLL CALL VOTE REQUIRED Mr. Hogan gave the staff report. 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 stated staff would add a 30 -day limit for storage of signs after which time, the City would destroy them. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2006 -2510, as amended for sign storage limitations. The motion carried by unanimous voice vote. AT THIS POINT in the meeting Mayor Hunter polled the Council to inquire if they wished to reorder the agenda. It was the consensus of the Council for the meeting to continue with the agenda as written. The time was 11:15 p.m. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Mission Statement Priorities Goals and Objectives for Fiscal Year 2006/2007. (continued from August 2, 2006) Staff Recommendation: Minutes of the City Council Moorpark, California Page 6 August 16 2006 Approve the Mission Statement, Priorities, Goals, and Objectives for Fiscal Year 2006/2007. Mr. Kueny deferred giving the staff report and stated he was available for questions. In response to Councilmember Mikos' recommendations, the Council was in agreement with the following: Add to the end of G.4. on stamped page 81, "Develop options.... to include at a minimum: (1) strengthening the Tierra Rejada greenbelt agreement; and (2) consideration of adding new formal greenbelt(s) and agreement(s) for the area North and South of the Ronald Reagan Freeway (118) near the east end of Moorpark and the west end of Simi Valley plus nearby unincorporated Ventura County. Modify G.9. on stamped pages 81 -82 in the middle to read "Prepare a comprehensive update... and consider adding information about the City's vision or intentions for the areas outside the City's Sphere of Iniluence." • Add Items 36, 39, 40, and 44 to the Main Objectives from the Potential List after editing No. 44 to end with "and all rail lines to assist in mitigating road traffic of goods and people onto the rails." In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to approve the Mission Statement, Priorities, Goals and Objectives for Fiscal Year 2006/07 with changes as directed. The motion carried by unanimous voice vote. 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. (continued from August 2, 2006) Staff Recommendation: Appoint two (2) Councilmembers to an Ad -Hoc Committee. Mr. Hogan gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Minutes of the City Council Moorpark, California Page 7 August 16 2006 Councilmembers Parvin and Mikos volunteered to serve on the committee. CONSENSUS: It was the consensus of the Council to appoint Councilmembers Mikos and Parvin to serve on the Centex Homes Ad Hoc Committee. C. Consider Underground Utility Project Priorities. (continued from August 2, 2006) Staff Recommendation: Approve the work plan set forth in Section K of the agenda report. Mr. Lall gave the staff report. A discussion followed among the Councilmembers with Councilmember Millhouse and Mayor Hunter stating residential should receive a higher priority since the primary focus is the health, safety, and welfare of the people; and the remaining Councilmembers stating the commercial sector deserves the priority as it is the most visible part of the City. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mayor Hunter applauded the committee and staff for their efforts. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to approve the work plan set forth in Section K of the agenda report as Attachment 4: "Project Priority List — Commercial Land Use Priority" for the undergrounding of utility lines. The motion carried by voice vote 3 -2, Councilmember Millhouse and Mayor Hunter dissenting. D. Consider Ordinance to Amend Titles 1 and 15 of the Moorpark Municipal Code by Addinq Chapter 1.10, "Code Violations Penalties and Enforcement ": Amending Chapter 1.12 and Chan ing the Title from "Enforcement and Penalties" to "Nuisances "; Adding Chapter 1.16. "Administrative Citations and Amending Section 15.04.060, "Violations and Penalties ". (continued from August 2, 2006) Staff Recommendation: 1) Introduce Ordinance No. 340 for first reading; 2) Schedule second reading and adoption for September 20, 2006; and 3) Direct staff to prepare a fee resolution for City Council consideration on October 4, 2006. Mr. Hogan gave the staff report. In response to Councilmember Parvin, Mr. Hogan stated 30- calendar days would be added to Item A. on stamped page 134. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Minutes of the City Council Moorpark, California Page 8 August 16 2006 Mr. Porter read the title of Ordinance No. 340. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to waive further reading, declare Ordinance No. 340, as amended, read and introduced for the first time, and scheduled second reading and adoption for September 20, 2006. The motion carried by unanimous voice vote. E. Consider Resolution Rescin14 g Resolution No 2000 -1738 and Approving Prima Facie Speed Limits for Certain Street Segments and Approving the Posting of Speed Limit Signs on Said Streets. Staff Recommendation: Adopt Resolution No. 2006 -2511 rescinding Resolution No. 2000 -1738. Mr. Lall gave the staff report and corrected the staff report to show no increase in speed for Arroyo Drive on stamped page 141 of the agenda report and no increase in speed from Peach Hill to Mesa Verde on stamped page 143. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2006 -2511, as amended to show only increase in speed limit for Walnut Creek Drive, and rescinding Resolution No. 2000 -1738. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) Mayor Hunter requested Item 10.E. be pulled from the Consent Calendar for individual consideration along with the previously designated Items 10.H. and 10.J. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of Items 10.E, 10.H. and 10.J, which were pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of the Special Meeting Minutes of July 19 2006. Staff Recommendation: Approve the minutes. B. Consider Approval of the Regular Meeting Minutes of July 19 2006. Staff Recommendation: Approve the minutes. C. Consider Approval of Warrant Register for Fiscal Year 2005-2006 August 16, 2006. Staff Recommendation: Approve the warrant register. Minutes of the City Council Moorpark, California Page 9 August 16 2006 D. Consider Approval of Warrant Register for Fiscal Year 2006-2007 August 16, 2006. Staff Recommendation: Approve the warrant register. F. Consider Resolution Adopting the Annual Investment Policy for Fiscal Year 2006/07 for the City of Moorpark. Staff Recommendation: Adopt Resolution No. 2006 -2512. G. Consider Report of Annual Development Agreement Review Established in Connection with Canterbury Lane (Tract No 5425), Located on the South Side of Los Anqeles Avenue East of Fremont Street on the Application of Shea Homes. Staff Recommendation: 1) Accept the Community Development Director's Report and recommendation, on the basis of substantial evidence, that Shea Homes, Limited Partnership has complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. I. Consider Resolution Amending the Fiscal Year 2006/07 Budget for VISTA -East Commuter Bus Services. Staff Recommendation: Adopt Resolution No. 2006 -2513. ROLL CALL VOTE REQUIRED K. Consider Amendment to the Agreement for Engineerinq Services with Tetra Tech, Inc. for Preparation of the Final Environmental Document (Initial Study and Mitigated Negative Declaration) for the Widening of Los Angeles Avenue from Spring Road to Moorpark Avenue (Project 80131. Staff Recommendation: Authorize City Manager to execute Amendment No. 2 to Tetra Tech's contract. L. Consider Professional Services Agreement Between the City of Moorpark and Seaport Lighting Inc for Contract Lighting Plan Evaluation Inspection, and Design Services. Staff Recommendation: 1) Approve the Professional Services Agreement with Seaport Lighting, Inc, subject to final language approval of the City Manager and City Attorney, and authorize the City Manager to sign the agreement; 2) Authorize staff to terminate the Professional Services Agreement with Dahl Taylor & Associates, inc., in accordance with the terms of the current agreement. M. Consider Approval of a Budget Amendment to Appropriate Funds to Cover the Cost of a Grading Permit and Building Permit for Fire Rebuild. Staff Recommendation: Adopt Resolution No. 2006 -2514, amending the Fiscal Year 2005/06 Community Development Budget, appropriating $1,370.07 from the Community Development Fund, for waiver of building permits and grading permit fees for the fire rebuild homes referenced in the agenda report. ROLL CALL VOTE REQUIRED Minutes of the City Council Moorpark, California Page 10 August 16 2006 N. Consider Approval of an Addendum to Agreement for City Attorney Services. Staff Recommendation: Authorize the Mayor to sign an Addendum to the Agreement for City Attorney Services with Burke, Williams & Sorensen, with final language approval by the City Manager. The following items were pulled for individual consideration. E. Consider Approval of the 2006 -2007 Agreement for Services with the Moorpark Chamber of Commerce. Staff Recommendation: 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. Mayor Hunter stated he had this item pulled to clarify who prepares the Chamber's annual financial report. A discussion followed among the Councilmembers and staff regarding the current process for preparing financial reports and how to improve the process to ensure the integrity of not only the process and the fact gathering, but the integrity of the report as well. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to approve the 2006/07 Agreement for Services between the City of Moorpark and the Moorpark Chamber of Commerce, subject to final language approval by the City Manager, and as amended to require a Certified Public Accountant to prepare and sign the annual statement to be provided to the City. The motion carried by unanimous voice vote. H. Consider Deed of Easement of Dedication to the City of Moorpark for Trail Purposes in Relation to the Pardee Project for Moorpark Highlands Upon Parcel "A" of Tract No. 5045 -1. Staff Recommendation: Approve the acceptance of the easement and authorize the City Clerk to sign an acceptance certificate for the deed of easement and cause same to be recorded in the office of the Ventura County Recorder. In response to Councilmember Mikos, Mr. Vacca confirmed the other trails in this area have already been dedicated to the City. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to approve the acceptance of the easement and authorize the City Clerk to sign an acceptance certificate for the deed of easement and cause same to be recorded in the office of the Ventura County Recorder. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 11 August 16 2006 J. Consider Approval of Street Names for Tract No 5130 (SunCal Companies) Located East of Walnut Canyon Road and North of Wicks Road. Staff Recommendation: Approve the street names as proposed. In response to Councilmember Mikos' objection to the street name "Trail Head Place, Mr. Hogan stated staff would research a more appropriate name for that location. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to approve the street names proposed for Tract No. 5130 (SunCal Companies), located east of Walnut Canyon Road and North of Wicks Road, as amended to change the name Trail Head Place at the discretion of the Community Development Director to a street name more reflective of its location. The motion carried by unanimous voice vote. 11. ORDINANCES: (ROLL CALL VOTE REQUIRED) A. Consider Ordinance No. 339 an Ordinance of the City of Moorpark Adding Chapter 12.26 "Street Dedication and Improvements" to Title 12 "Streets Sidewalks and Public Places" of the Moor ark Municipal Code. Staff Recommendation: Waive full reading and declare Ordinance No. 339 read for the second time and adopted as read. Mr. Porter read the title of Ordinance No. 339. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to waive full reading and declare Ordinance No. 339 read for the second time and adopted as read. The motion carried by unanimous voice vote. 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for discussion of Items 12. A. (one case) and 12. B. (one case) on the agenda. AT THIS POINT in the meeting a recess was declared. The time was 11:59 p.m. The meeting reconvened at 12:05 a.m. Thursday, August 17, 2006. Mr. Porter announced. that the facts and circumstances creating significant exposure to litigation for the one case under Item 12.A consist of a claim for damages received from Viola, Inc. related to the Police Services Center. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to adjourn to closed session for a discussion of Item 12.A. (one case) and 12.13. (one case) on the agenda. The motion carried by unanimous voice vote. The time was 12:05 a.m. Thursday, August 17, 2006 Minutes of the City Council Moorpark, California Page 12 August 16 2006 A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) 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, Millhouse, Parvin, and Mayor Hunter; Steven Kueny, City Manager; Scott Porter, Assistant City Attorney; Hugh Riley, Assistant City Manager; and Deborah Traffenstedt, Administrative Services Director /City Clerk. The Council reconvened into open session a 2006. Mr. Kueny stated one case under Item B. were discussed and there 13. ADJOURNMENT: Mayor Hunter adjourned the ATTEST: 1 Deborah S. City Clerk t 12:17 a.m. Thursday, August 17, 12.A. and one case under Item 12.