HomeMy WebLinkAboutMIN 2006 1004 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California October 4 2006
A Regular Meeting of the City Council of the City of Moorpark was held on October 4,
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 7:00 p.m.
2. PLEDGE OF ALLEGIANCE:
Barry Hogan, Community Development Director, 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; 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; Deborah
Traffenstedt, Administrative Services Director /City Clerk; and
Maureen Benson, Deputy City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Introduction of New City Employee, Jennifer Mellon, Senior Management
Analyst in the Parks, Recreation, and Community Services Department.
Mayor Hunter introduced new City employee, Jennifer Mellon, Senior
Management Analyst.
B. Introduction of New City Employee, Teri Davis, Senior Management
Analyst in the City Manager's Office.
Mayor Hunter introduced new City employee, Teri Davis, Senior
Management Analyst.
C. Recognition of July 3rd Event Sponsors.
Mayor Hunter and Ms. Lindley presented representatives from Warehouse
Discount Center, First Data Commercial Services, William Lyon Homes,
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Moorpark, California Page 2 October 4 2006
Centex Homes, Pardee Homes, Wayne J. Sand and Gravel, and Gold
Coast Broadcasting with plaques honoring them for their sponsorship of
the City's July 3rd Event.
5. PUBLIC COMMENT:
Will Whitaker thanked the Council for having the Pepper trees trimmed on High
Street.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
CONSENSUS: It was the consensus of the Council to pull Item 10.1. from the Consent
Calendar for individual consideration on the request of Councilmember Mikos.
CONSENSUS: It was the consensus of the Council to pull Item 10.J. from the Consent
Calendar for individual consideration on the request of Mayor Hunter.
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Mikos suggested a citizen survey be included as an objective for
the next Goals and Objectives update.
Councilmember Mikos announced she would need to leave the meeting at 8:30
p.m. and requested the schedule for the meeting accommodate her participation
in Items 8.A, 8.B, and 10.1.
CONSENSUS: It was the consensus of the Council to conclude discussion of Items
8.A. and 8.13. by 8:00 p.m, hear Item 10.1. before 8:30 p.m. and then conclude the
balance of the agenda.
8. PUBLIC HEARINGS:
CONSENSUS: It was the consensus of the Council to hear Items 8.A. and 8.13.
concurrently.
A. Consider Resolution Approving Amendment No. 1 to Downtown Specific
Plan No. 1995 -01 A Request to Amend the Downtown Specific Plan to
Provide More Specific Direction Regarding Development and Architectural
Style in the Commercial and Residential Areas. (continued open public
hearing from September 20, 2006) Staff Recommendation: 1) Continue
to accept public testimony and direct staff as appropriate.
B. Consider Zoning Ordinance Amendment No 2005 -03 — Amendments to
Chapter 17.24: Lot Area and Coverage Setbacks Height and Related
Provisions; Chapter 17.32: Parking Access and Landscaping
Reguirements; and Chapter 17.72: Downtown Specific Plan Overlay Zone
(SP -D), and Repealing Ordinance No 331 a Temporary Moratorium in
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the Downtown Specific Plan Overlay Zone. (continued open public
hearing from September 20, 2006) Staff Recommendation: 1) Continue
to accept public testimony and direct staff as appropriate; and 2) If Council
should wish to approve the amendments, introduce Ordinance No.
repealing Ordinance No. 331, for first reading, waive full reading, and
schedule second reading and adoption for October 18, 2006.
Mr. Hogan gave the staff reports.
Mayor Hunter announced the public hearings remain open.
Richard Gray, a property owner on High Street, requested the requirement
to implement reciprocal parking be amended to allow restricted parking for
certain business where tenants are mostly professionals needing
dedicated parking for their client base.
A discussion followed among the Councilmembers and staff regarding
how existing businesses that undergo remodeling will be affected by the
reciprocal parking requirement; creating incentives to encourage
reciprocal parking; and consideration for time of day restrictions for
restricted parking especially in regard to the High Street Arts Center need
for additional parking.
A discussion followed among the Councilmembers and staff regarding the
need to develop a more unified plan for the style of architecture rather
than the eclectic look, and that does not emphasize a Spanish or Santa
Barbara style. The Council determined to continue discussion of parking
and architecture at a special meeting for October 11, 2006.
MOTION: Councilmember Millhouse moved and Councilmember Parvin
seconded a motion to continue the public hearings open to a Special City Council
meeting on October 11, 2006, at 7:00 p.m. for discussion of the reciprocal
parking issue, an incentive plan for reciprocal parking, and a decision on
architectural style. The motion carried by unanimous voice vote.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Ordinance Amending Section 1 08 20 (Design) and Addinq
Section 1.08.21 (Unauthorized Use) to Chapter 1.08 (City Seal) of Title 1
(General Provisions) of the Moorpark Municipal Code. Staff
Recommendation: Introduce Ordinance No. 342 for first reading, waive
further reading, and schedule second reading and adoption for October
18, 2006.
Ms. Traffenstedt gave the staff report.
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In response to Mayor Hunter, Ms. Traffenstedt stated there were no
speakers.
Mr. Montes read the title of Ordinance No. 342.
MOTION: Councilmember Parvin moved and Councilmember Harper seconded
a motion to waive further reading of Ordinance No. 342, amending Section
1.08.20 (Design) and adding Section 1.08.21 (Unauthorized Use) to Chapter 1.08
(City Seal) of Title 1 (General Provisions) of the Moorpark Municipal Code, and
schedule second reading and adoption for October 18, 2006. The motion carried
by unanimous voice vote.
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a
motion to approve the Consent Calendar with the exception of Items 10.1. 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 September 20 2006.
Staff Recommendation: Approve the minutes.
B. Consider Approval of the Regular Meeting Minutes of September 20
2006. Staff Recommendation: Approve the minutes.
C. Consider Approval of Warrant Register for Fiscal Year 2005 -2006 —
October 4, 2006. Staff Recommendation: Approve the warrant register.
D. Consider Approval of Warrant Register for Fiscal Year 2006 -2007 —
October 4, 2006. Staff Recommendation: Approve the warrant register.
E. Consider Resolution Authorizing the City's Fiscal Year 2006/07
Transportation Development Act Claim. Staff Recommendation: Adopt
Resolution No. 2006 -2521.
F. Consider Bond Exoneration for Cardservice International Inc (Tract 3492
Lots 17 -21). Staff Recommendation: Authorize the City Clerk to fully
exonerate Surety Bond Nos. 83510380620BCM — Grading and
83SB103680621 BCM — Performance & Payment.
G. Consider Resolution Approving Support of Full Funding of the Public
Library Foundation (PLF). Staff Recommendation: Adopt Resolution No.
2006 -2522.
H. Consider Report of Annual Review of Development Agreement
Established in Connection with a 35 -acre Detached Single - family
Residential Unit Project Located on the South Side of Los Angeles
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Avenue, West of Leta Yancy Road (formerly Liberty Bell Road) Tract
5053, Pacific Communities). Staff Recommendation: 1) Accept the
Community Development Director's report and recommendation that, on
the basis of substantial evidence, Pacific Communities has complied in
good faith with the terms and conditions of the agreement; and 2) Deem
the annual review process complete.
K. Consider High Street Pepper Tree Maintenance Activity. Staff
Recommendation: Receive and file.
The following items were pulled for individual consideration.
I. Consider Resolutions in Support of Statewide Ballot Initiative Proposition
1C, the "Housing and Emergency Shelter Trust Fund Act of 2006," and
Proposition 84, "Water Quality Safety and Supply. Flood Control Natural
Resource Protection. Park Improvements Bonds Initiative Statute." Staff
Recommendation: Adopt Resolution No. 2006 -2523 supporting
Proposition 1 C, and Resolution No. 2006 -2524 supporting Proposition 84.
Councilmember Mikos stated she had pulled this item to amend
Resolution No. 2006 -2523 to remove WHEREAS clauses 5 and 6, which
belong in Resolution No. 2006 -2524.
MOTION: Councilmember Mikos moved and Councilmember Millhouse
seconded a motion to approve Resolution No. 2006 -2523 supporting Proposition
1 C, as amended, and Resolution No. 2006 -2524 supporting Proposition 84. The
motion carried by unanimous voice vote.
J. Consider Budget Amendment Resolution and Agreements Between the
City of Moorpark and Hdl Software LLC for Code Compliance and
Business Registration Software and Support Services. Staff
Recommendation: 1) Adopt Resolution No. 2006 -2525, amending the
Fiscal Year 2006/07 Budget, appropriating $44,445.00 from the General
Fund for Business Registration and Code Compliance software and
support services; and 2) Approve agreements, subject to final language
approval of the City Manager and City Attorney, and authorize the City
Manager to sign the agreements. ROLL CALL VOTE
Mayor Hunter stated he had pulled this item to confirm whether
Redevelopment Agency funds could be used for a portion of the payment
since the software will be used to support code compliance.
Mr. Kueny stated approximately $11,000.00 could come from the
Redevelopment Agency.
MOTION: Mayor Hunter moved and Councilmember Millhouse seconded a
motion to: 1) Approve Resolution No. 2525, as amended, to budget
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approximately $11,000.00 from the Redevelopment Agency for Business
Registration and Code Compliance software support services; and 2) Approve
agreements between the City of Moorpark and Hdl Software, LLC, subject to final
language approval by the City Manager and City Attorney and authorizing the
City Manager to sign the agreements. The motion carried by unanimous roll call
vote.
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
A. Consider Ordinance No. 341 Adding Chapter 2.70, "Moorpark City Library"
to Title 2, of the Moorpark Municipal Code Establishing a Public Municipal
Library. Recommendation: Waive full reading and declare Ordinance No.
341 read for the second time and adopted as read. ROLL CALL VOTE
REQUIRED
Mr. Montes read the title of Ordinance No. 341.
MOTION: Councilmember Parvin moved and Councilmember Harper seconded
a motion to waive further reading and adopt Ordinance No. 340 adding Chapter
2.70, "Moorpark City Library" to Title 2, of the Moorpark Municipal Code,
establishing a public municipal library. The motion carried by unanimous voice
vote.
12. CLOSED SESSION:
Mr. Kueny requested the City Council go into closed session for discussion of
Item 12.C. on the agenda.
AT THIS POINT in the meeting a recess was declared. The time was 8:06 p.m. The
Council meeting reconvened at 8:20 p.m.
MOTION: Councilmember Mikos moved and Councilmember Harper seconded a
motion to adjourn to closed session for a discussion of Item 12.C. on the agenda. The
motion carried by unanimous voice vote. The time was 8:20 p.m.
C. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION
(Pursuant to Subdivision (a) of Section 54956.9 of the Government Code)
City of Moorpark vs. Ventura County Community College District (Case
No. SC046582)
Present in closed session were Councilmembers Harper, Mikos, Millhouse,
Parvin, and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City
Attorney; Hugh Riley, Assistant City Manager; Barry Hogan, Community
Development Director; Yugal Lall, City Engineer /Public Works Director; and
Deborah Traffenstedt, Administrative Services Director /City Clerk.
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The Council reconvened into open session at 8:28 p.m. Mr. Kueny stated Item
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