HomeMy WebLinkAboutMIN 2007 0418 CC REGMINUTES OF THE CITY COUNCIL
Moorpark California April 18, 2007
A Regular Meeting of the City Council of the City of Moorpark was held on April 18,
2007, 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 7:10 p.m.
2. PLEDGE OF ALLEGIANCE:
Ed Tumbleson, Moorpark Police Senior Deputy, led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Mikos, Millhouse, Parvin, Van Dam, 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. Recognition of Moorpark Police Senior Deputy Ed Tumbleson.
Mayor Hunter recognized Moorpark Police Senior Deputy Ed Tumbleson
upon his transfer to the City of Thousand Oaks.
B. City Manager's Monthly Report.
Mr. Hogan gave the monthly report.
5. PUBLIC COMMENT:
Pete Duncan, member of the American Legion Moorpark Post 502, spoke in
support of the City's efforts to memorialize Veterans by constructing the
Moorpark Veteran's Memorial.
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Patrick Ellis, representing the Board of Directors for the Moorpark Chamber of
Commerce, gave an update on membership, April breakfast attendance,
renovations to new office space at 18 High Street, and a tentative opening for
business on May 1st. He enumerated several upcoming events including an
invitation to attend the Top 10 Community Awards luncheon on May 10th at the
Moorpark County Club.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
CONSENSUS: It was the consensus of the Council to pull Item 10.J. from the Consent
Calendar to be heard prior to Public Hearings upon the request of Mayor Hunter.
CONSENSUS: It was the consensus of the Council to pull Item 10.L. from the Consent
Calendar for individual consideration upon the request of Councilmember Mikos.
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Mikos announced she and Senior Management Analyst, Nancy
Burns, had attended a meeting of R.A.I.N. on April 12, 2007, where a
presentation revealed the homeless count in Ventura County with the exception
of Oxnard; and a 10 -year strategy to end homelessness was discussed.
Councilmember Mikos extended an invitation to attend town hall meetings,
sponsored by Community Action of Ventura County to discuss solutions to end
poverty, and the implementation of the10 -year strategy.
Councilmember Parvin announced she and Planning Manager, David Bobardt
had attended a Ventura County Local Area Formation Commission meeting this
morning, April 18, where sphere of influence updates for Camarillo, Thousand
Oaks, and Moorpark were approved. Simi Valley's sphere amendment was
deferred to June 20, 2007, due to concerns regarding the Tierra Rejada Green
Belt Agreement. Councilmember Parvin requested an agenda item be scheduled
prior to June 20 to discuss the Simi Valley sphere amendment and to allow the
public to participate.
AT THIS POINT in the meeting Item 10.J. was heard.
10. J. Consider Selection of Artist for Veterans Memorial. Staff
Recommendation: Authorize staff to execute agreements with, and award
$1,000 to, Community Works Design Group and Campbell and Campbell
for the preparation of Veterans Memorial conceptual design.
Mayor Hunter stated he pulled this item to allow comments on this very
worthy undertaking. A discussion among the Councilmembers followed
expressing gratitude to all Veterans who enable us to live in the greatest
country in the world and to compliment the process being utilized allowing
bidders on the project to give meaningful presentations for the public and
City's consideration.
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MOTION: Councilmember Millhouse moved and Councilmember Parvin
seconded a motion to authorize staff to execute agreements with, and award
$1,000 to, Community Works Design Group and Campbell and Campbell for the
preparation of Veterans Memorial conceptual design. The motion carried by
unanimous voice vote.
8. PUBLIC HEARINGS:
A. Consider Resolution Declarina the Private Parkina Facilities Located at
the Southwest Corner of Campus Park Drive and Collins Drive (CPD-
2000-04), Subject to the Provisions of the California Vehicle Code. Staff
Recommendation: 1) Open the public hearing, accept public testimony,
and close the public hearing; and 2) Adopt Resolution No. 2007 -2578.
Mr. Lall 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 Millhouse
seconded a motion to adopt Resolution No. 2007 -2578, declaring the private
parking facilities located at the southwest corner of Campus Park Drive and
Collins Drive (CPD- 2000 -04), subject to the provisions of the California Vehicle
Code. The motion carried by unanimous voice vote.
B. Consider Resolution Approving Modification No. 1 to Industrial Planned
Development (IPD) No. 2000 -01 to Allow Modifications to an Approved
Industrial Planned Development for Approximately 445,000 Square Feet
of Industrial Space Including a Previously Approved Home Improvement
Store on an Approximate 33 Acre Site, Located West of the State Route
23 Freeway and East of Miller Parkway, Approximately 230 Feet South of
Los Angeles Avenue on the Application of Moorpark Carlsberg Holdings.
Staff Recommendation: 1) Open the public hearing, accept public
testimony, and close the public hearing; and 2) Adopt Resolution No.
2007 -2579, approving Modification No. 1 to Industrial Planned
Development (IPD) No. 2000 -01, subject to Conditions of Approval.
Mr. Hogan gave the staff report.
Councilmember Van Dam stated he has been involved in discussions with
the applicant, Mark Ossola on previous occasions, acting in his capacity
as a Parks and Recreation Commissioner and as a board member of the
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Moorpark California Paae 4 April 18, 2007
Serenata Homeowners Association where he expressed concerns
regarding the Home Depot project developed in this same location.
Mayor Hunter opened the public hearing.
Mark Ossola, representing Moorpark Carlsberg Holdings, LLC, 25410
Cumberland Lane, Calabasas, California, described the project and stated
he was in agreement with all Special and Standard Conditions as
contained in the staff report.
Brian Poliquin, AIA, architect for the project form Poliquin Kellogg Design
Group, described features of the architecture and responded to Council's
concerns regarding the window glazing and metallic product used in the
elevations.
A discussion followed among the Councilmembers, staff, and the applicant
concerning the completion of the connection to the multipurpose trail prior
to the issuance of building permits; preclusion of any fencing or
landscaping that would inhibit ingress /egress of the trail; prohibition of
highly reflective window glazing; a requirement that the property owners
association set standards to ensure consistency of property maintenance
throughout the IPD regardless of ownerships; and a prohibition of any
rollup doors facing Patriot Drive or Miller Parkway.
Mr. Ossola stated he was in concurrence with conditions dealing with
these issues.
Mayor Hunter closed the public hearing.
A discussion followed among the Councilmember and staff regarding the
need to require the applicant to acquire an easement to install a sidewalk
along the north side of Patriot Drive from Miller Parkway to the driveway
access behind Target.
Mr. Ossola stated as long as his building permits and certificates of
occupancy were not delayed during the easement acquisition attempt, he
was in concurrence.
Mr. Montes and Mr. Kueny recommended using the standard condition
language, which provides, in the event the applicant could not obtain the
right -of -way, the City would, at the applicant's expense, pursue eminent
domain to acquire the easement for the installation of the sidewalk.
MOTION: Councilmember Mikos moved and Councilmember Millhouse
seconded a motion to adopt Resolution No. 2007 -2579, approving Modification
No. 1 to Industrial Planned Development (IPD) No. 2000 -01, subject to
Conditions of Approval, as amended for: 1) Requiring the location of the
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connection to the multipurpose trail be identified and approved prior to the
issuance of building permits for the first building and construction of the
connection complete prior to issuance of certificate of occupancy for the last
building or within two years of issuance of the building permit or the issuance of a
certificate of compliance for the first building, whichever occurs first; 2)
Precluding installation of any fencing or landscaping that would inhibit
ingress /egress of the multipurpose trail; 3) Property owners association
requirement to set standards to ensure consistency of property maintenance
throughout the IPD regardless of ownerships; 4) Prohibiting highly reflective
window glazing; 5) Prohibiting rollup doors facing Patriot Drive or Miller Parkway;
6) Prior to the sale of any parcel a property owners association to be established
with a requirement for maintenance of all common areas; and 7) Requiring the
installation of a sidewalk along the north side of Patriot Drive from Miller Parkway
to the driveway access behind Target. The motion carried by unanimous voice
vote.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Time Warner Cable TV Customer Service Performance.
(continued from March 21, 2007) Staff Recommendation: Direct staff as
deemed appropriate.
Mr. Riley gave the staff report.
Patricia Fregoso -Cox, Vice President of Communications with Time
Warner Cable, 41551 10th Street West, Palmdale, California, stated Time
Warner is dedicated to providing improved customer service.
MOTION: Councilmember Millhouse moved and Councilmember Parvin
seconded a motion to direct staff to provide Time Warner with notice on April 27,
2007, of a public hearing to be held at the Council's regular June 6, 2007
meeting. The motion carried by unanimous voice vote.
B. Consider Reauest for the Formation of Assessment District AD07 -03
(Nearon- CPD 2004 -01) and Resolution Initiating the Proceedings. Staff
Recommendation: 1) Accept and approve the Petition/Waiver from the
owner of the property, requesting the formation of Assessment District
AD07 -03 for CPD 2004 -01; and 2) Adopt Resolution No. 2007 -2580,
initiating the proceedings required for the formation of AD07 -03.
Mr. Lall gave the staff report.
In response to Mayor Hunter, Ms. Traffenstedt stated there were no
speakers.
MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a
motion to: 1) Accept and approve the Petition/Waiver from the owner of the
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property, requesting the formation of Assessment District AD07 -03 for CPD
2004 -01; and 2) Adopt Resolution No. 2007 -2580, initiating the proceedings
required for the formation of AD07 -03. The motion carried by unanimous voice
vote.
AT THIS POINT in the meeting Items 9.C. and 9.D. were heard concurrently.
C. Consider Poindexter Park Expansion Conceptual Design. Staff
Recommendation: Approve the expansion conceptual design as outlined
in the agenda report and direct staff to proceed with construction plans
and specifications.
D. Consider Arroyo Vista Recreation Center and Gymnasium Expansion
Construction Plans, Specifications and Scope of Work. Staff
Recommendation: Approve the plans and specifications as outlined in the
agenda report and direct staff to reduce the Scope of Work for
construction to the expansion of the recreation center and improvements
to existing structures as described as Phase 1 in the agenda report.
Ms. Lindley gave the staff reports.
Morris Goldstein spoke in support of the skate park at Poindexter Park.
MOTION: Councilmember Millhouse moved and Councilmember Parvin
seconded a motion to approve the expansion conceptual design for the
Poindexter Park Expansion as outlined in the agenda report and direct staff to
proceed with construction plans and specifications. The motion carried by
unanimous voice vote.
A discussion followed among the Councilmember and staff regarding the
pros and cons of paying for both Phases of construction for Arroyo Vista
Recreation Center and Gymnasium expansion; and it was the consensus
to continue the discussion at the Budget Workshop and to continue the
decision until the meeting of June 6, 2007.
MOTION: Councilmember Millhouse moved and Councilmember Parvin
seconded a motion to defer discussion of approving Phase 1 and Phase 2
improvements to Arroyo Vista Recreation Center and Gymnasium as outlined in
the agenda report to the tentatively scheduled Budget Workshop of May 23,
2007, and to continue this item to the regular meeting of June 6, 2007. The
motion carried by unanimous voice vote.
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a
motion to approve the Consent Calendar with the exception of Item 10.J, which was
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heard prior to Public Hearings and Item 101, which was pulled for individual
consideration. The motion carried by unanimous roll call vote.
A. Consider Approval of the Regular Meeting Minutes of April 4, 2007. Staff
Recommendation: Approve the minutes.
B. Consider Approval of Warrant Register for Fiscal Year 2006 -2007 — April
18, 2007. Staff Recommendation: Approve the warrant register.
C. Consider Report of Annual Development Aareement Review Established
in Connection with Moorpark 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 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.
D. Consider Award of Contract to Premium Construction Inc. for New
Playa round Equipment at Tierra Rejada Park. Staff Recommendation:
Award a contract to Premium Construction Inc. for a cost not to exceed
$58,788 and authorize the City Manager to execute the contract.
E. Consider Letters of Credit Release for Toll CA L.P, Moorpark Country
Club Estates (Tract 4928). Staff Recommendation: Authorize the City
Clerk to release Letters of Credit Nos. 7405560, 7405561, and 7405562
for Toll CA L.P. Moorpark Country Club Estates — Tract 4928)
F. Consider Bond Exonerations for Coneio Freewav Properties, LTD. (Tract
4974). Staff Recommendation: Authorize the City Clerk to exonerate
Surety Bonds Nos. 3SM89093800, 3SM89093900, 3SM89094100, and
3SM89094000; and Subdivision Bonds Nos. 3SM89093800,
3SM89093900, 3SM89094100, and 3SM89094000.
G. Consider Resolution Authorizina Submittal of Grant Renewal Application
to the Ventura County Area Agency on Aging (VCAAA) for Older
Americans Act Title III -C Contract Grant Funds for the Senior Nutrition
Program, and Authorizing the City Manager to Sign All Related
Agreements. Staff Recommendation: Adopt Resolution No. 2007 -2581
H. Consider Resolution Authorizina Submittal of a Grant Application to the
Ventura County Area Agency on Aging (VCAAA) for Older Americans Act
Title III -B Contract Grant Funds for Renewal of the "Strike Out Stroke"
Health Screenina and Education Proiect, and Authorizina the Citv
Manager to Sign All Related Agreements. Staff Recommendation: Adopt
Resolution No. 2007 -2582, and authorize the City Manager to execute
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cooperative agreements with the cities of Oxnard, Santa Paula, and
Ventura, subject to final language approval by the City Manager and City
Attorney.
Consider Acceptance of a Grant Deed Offering 4.83 Acres of Land at
13991 Princeton Avenue to the City of Moorpark for Mitigation Purposes in
Relation to the Pardee Project, Moorpark Highlands Specific Plan, Tract
No. 5045. Staff Recommendation: Approve the acceptance of the Grant
Deed and authorize the City Clerk to sign and record an acceptance
certificate for the Grand Deed and attachments thereto in the office of the
Ventura County Recorder.
K. Consider Report of Annual Development Agreement Review Established
in Connection with West Pointe Homes, Located on the West Side of
Walnut Canyon Road, Approximately 3,500 Feet North of Casey Road, on
the Application of William Lyon Homes, Inc. Staff Recommendation: 1)
Accept the Community Development Director's Report and
recommendation, and find, on the basis of substantial evidence, that
William Lyon Homes, Inc. has complied in good faith with terms and
conditions of the agreement; and 2) Deem the annual review process
complete.
M. Consider Reauest From Moorpark /Simi Vallev Neiahborhood for Learnin
(NfL) to Waive Park Fees for Concert in the Park. Staff Recommendation:
Approve the request from the Moorpark /Simi Valley NfL to waive park
rental fees associated with their event on June 29 as outlined in the
agenda report.
The following item was pulled for individual consideration.
L. Consider 2007 Legislative Program: Staff Recommendation: Adopt a
2007 Legislative Program.
Councilmember Mikos stated she had this itemed pulled to recommend
additional text, "Support legislation to ensure property tax valuations for
deed restricted dwelling units with reinforcing deeds of trust are based on
the affordable sales price actually paid by the buyers, rather than based
on market value" be added as Item 9.G. under the Housing category.
MOTION: Councilmember Mikos moved and Councilmember Millhouse
seconded a motion to adopt a 2007 Legislative Program, as amended for the
addition of Item 9.G. under the Housing category. The motion carried by
unanimous voice vote.
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
None.
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12. CLOSED SESSION:
Mr. Kueny requested the City Council go into closed session for discussion of
Item 12.6. (four cases) and Item 12.C. on the agenda.
MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a
motion to adjourn to closed session for a discussion of Item 12.13. (four cases) and Item
12.C. on the agenda. The motion carried by unanimous voice vote. The time was 9:32
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. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION
(Pursuant to Subdivision (a) of Section 54956.9 of the Government Code)
Estate of Cynthia Scott, Thomas Scott, Heather Scott, and Susan Scott
vs. Walter Cervantes, Celia Cervantes, Ruben Cervantes, City of Simi
Valley, City of Moorpark, California Department of Transportation, and
Does 1 -50 (Case No. SC048202)
Present in closed session were Councilmembers Mikos, Millhouse, Parvin, Van
Dam, and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City
Attorney; Hugh Riley, Assistant City Manager; Mary Lindley, Parks /Recreation
and Community Services Director (left the meeting at 9:45 p.m.); and Deborah
Traffenstedt, Administrative Services Director /City Clerk.
The Council reconvened into open session at 10:00 p.m. Mr. Kueny stated four
cases under Item 12.8. and Item 12. discussed and there was no action
to report.
13. ADJOURNMENT:
Mayor Hunter adjourned tXe meeting at 10:00 fi.m.
11
ATTEST:
Deborah S. Traffenstedt
City Clerk