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HomeMy WebLinkAboutMIN 2007 0606 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California June 6, 2007 A Regular Meeting of the City Council of the City of Moorpark was held on June 6, 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 7:26 p.m. 2. PLEDGE OF ALLEGIANCE: Joseph Montes, City Attorney, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Mikos, Parvin, Van Dam, 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; David Moe, Redevelopment Manager; Michael Atkin, Recreation /Community Services Manager; 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 Senior Deputy Robert Berger, Community Officer for the Moorpark Police Department. Mayor Hunter introduced Senior Deputy Robert Berger, Community Officer for the Moorpark Police Department. B. Proclamation Recognizing July as National Parks and Recreation Month. Mayor Hunter presented Michael Atkin, Recreation and Community Services Manager with a proclamation recognizing July as National Parks and Recreation Month. Minutes of the City Council Moorpark, California Page 2 June 6 2007 C. Recognition of Outgoing Teen Council Members. Mayor Hunter recognized outgoing Teen Council Members, Christopher Darabi, Tiffany Johnson, Shalini Karra, Gunnar Mazur, Angelica Paredes, Zoe Sophos, Emily Tung, Justin Tung, Tyler Van Dam, and Paige Weiner. 5. PUBLIC COMMENT: Dale Brown, Regional Director of D.A.R.E. America (Drug Abuse Resistance Education, 9800 La Cienega, Inglewood, California, spoke in support of the D.A.R.E. and encouraged the Council to continue the program in Moorpark. He provided a handout on the New D.A.R. E. program for Council to review. Jack Talbot, a D.A.R.E. instructor, spoke in support of the program and described his experiences as a teacher and trainer. He encouraged the Council to review the new D.A.R.E. curriculum as outlined in a packet provided by Mr. Brown. Mr. Talbot stated the current D.A.R.E. Officer, Deputy Lohman has done an excellent job teaching here in Moorpark. John Robinson spoke in support of the D.A.R.E. program in local schools for the benefit of Moorpark's youth. Councilmember Mikos encouraged those who spoke about the D.A.R.E. program to make their concerns known to the Moorpark Unified School District administration and board members who have indicated they no longer want this program. Cathy Brudnicki, Executive Director for Ventura County Homeless & Housing Coalition, spoke in regard to Item 10.1. from the Consent Calendar and asked the Council to support the 10 -Year Strategy. Carl Olson, Chairman of an organization called State Department WATCH, spoke in regard to the need for employers to verify the eligibility of employees to work in this country. Tracey Miles Reineke, President of the Green Building Council of Ventura County, 1068 E. Main Street #100, Ventura, California, described their mission of advocating and educating homeowners, business owners, professionals, and county and city governments in regard to green building. He requested the City of Moorpark develop a Green Building Program. Michael Lillis, Director of Government Affairs for the Green Building Council of Ventura County, 1068 E. Main Street #100, Ventura, California, spoke in appreciation of what the City of Moorpark has already built and offered numerous resources to staff and Council for use in learning more about green building sustainable approaches available. Minutes of the City Council Moorpark, California Page 3 June 6, 2007 Meagan Bryan, 8th grade Mesa Verde Middle School student, representing the Leadership Class, spoke about an awareness project they coordinated to encourage citizens in Moorpark to donate funds for the benefit of the homeless. She also spoke in support of the 10 -Year Strategy to End Homelessness for Ventura County. Barbara McFadden spoke in opposition to eliminating the D.A.R.E. program and described her family's positive experience with the program. She urged the Council to reconsider funding and stated she would also be contacting the Moorpark Unified School District regarding her concerns. Ana Frutos- Sanchez, Regional Manager /Local Public Affairs, for Southern California Edison, 25625 West Rye Canyon Road, Valencia, California, spoke in opposition to recordation of the Final Map for Tract 5147 due to outstanding issues under negotiation with the developer, AB Properties. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: It was the consensus of the Council to remove Item 9.F. from the calendar upon the request of staff. CONSENSUS: It was the consensus of the Council to hear Item 10.1. prior to Public Hearings upon the request of Councilmember Mikos. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Van Dam announced the Kiwanis Club of Moorpark is holding their 2007 Annual fund - raiser "Wine & Moonlight" which benefits programs such as Breakfast with Santa, Terrific Kids, Veterans Day Ceremony, and other charitable activities, on Saturday, July 21 from 5:30 -9:00 p.m. at the Gardens of the World in Thousand Oaks. Councilmember Van Dam announced the Kiwanis Club of Moorpark's bi- monthly meeting on June 18 will be held at 7:00 p.m. at Arroyo Vista Recreation Center where Bill Russell of Bordier's Nursery will be available to answer questions and address concerns about their operation. Councilmember Mikos requested a future agenda item to consider additional items of the 10 -Year Strategy to End Homelessness as described in Item 10.1. on the agenda. AT THIS POINT in the meeting Item 10.1. was pulled from the Consent Calendar for individual consideration. 10. I. Consider Accepting 10 -Year Strategy to End Homelessness for Ventura County Report and Approve Resolution Authorizing Fiscal Year 2006/07 Budget Amendment to Fund Federally Mandated Services. Staff Minutes of the City Council Moorpark, California Page 4 June 6 2007 Recommendation: Accept the Draft 10 -Year Strategy to End Homelessness for Ventura County and adopt Resolution No. 2007 -2594, authorizing $5,000.00 for FY 2006/07 from the City's Affordable Housing Fund to support implementation of the 10 -Year Strategy. ROLL CALL VOTE REQUIRED Councilmember Mikos stated she has requested this item be pulled from the Consent Calendar so the public could learn Council's decision early in the meeting. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to accept the Draft 10 -Year Strategy to End Homelessness for Ventura County and adopt Resolution No. 2007 -2594, authorizing $5,000.00 for Fiscal Year 2006/07 from the City's Affordable Housing Fund to support implementation of the 10 -Year Strategy. The motion carried by roll call vote 4 -0, Councilmember Millhouse absent. CONSENSUS: It was the consensus of the Council to request a future agenda item to consider discussion of other policies contained in the 10 -Year Strategy for possible implementation. 8. PUBLIC HEARINGS: CONSENSUS: It was the consensus of the Council to hear Items 8.A. and 8.B. concurrently. A. Consider Final Review and Chanaes to the Enaineer's Report for Assessment District AD07 -03 (Nearon — CPD 2004 -01) and Resolution Confirming the Assessment Amounts for Fiscal Year 2007/08. Staff Recommendation: 1) Open the public hearing, receive public testimony, and close the public hearing; 2) Approve the Engineer's Report for AD07- 03 for FY 2007/08, with no changes from the report approved by City Council Resolution No. 2007 -2588; and 3) Adopt Resolution No. 2007- 2595. ROLL CALL VOTE REQUIRED B. Consider Final Review and Chanaes to the Enaineer's Report for Assessment District AD07 -04 (Asadurian — IPD 2000 -10) and Resolution Confirming the Assessment Amounts for Fiscal Year 2007/08. Staff Recommendation: 1) Open the public hearing, receive public testimony, and close the public hearing; 2) Approve the Engineer's Report for AD07- 04 for FY 2007/08, with no changes from the report approved by City Council Resolution No. 2007 -2589; and 3) Adopt Resolution No. 2007- 2596. ROLL CALL VOTE REQUIRED Mr. Lail gave the staff reports. Mayor Hunter opened the public hearings. Minutes of the City Council Moorpark, California Page 5 June 6 2007 In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mayor Hunter closed the public hearings. MOTION: Councilmember Van Dam moved and Councilmember Parvin seconded a motion to approve the Engineer's Report for AD07 -03 for Fiscal Year 2007/08, with no changes from the report approved by City Council Resolution No. 2007 -2588; and 3) Adopt Resolution No. 2007 - 2595.. The motion carried by roll call vote 4 -0, Councilmember Millhouse absent. MOTION: Councilmember Parvin moved and Councilmember Van Dam seconded a motion to approve the Engineer's Report for AD07 -04 for Fiscal Year 2007/08, with no changes from the report approved by City Council Resolution No. 2007 -2589; and 3) Adopt Resolution No. 2007 -2596. The motion carried by roll call vote 4 -0, Councilmember Millhouse absent. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Ordinance Complying with Health and Safety Code Section 33342.7 and Containing a Description of the Redevelopment Agency's Expired Authority to Acquire Real Property by Eminent Domain. Staff Recommendation: Introduce Ordinance No. 351 for first reading, waive full reading, and schedule second reading and adoption for June 20, 2007. Mr. Moe gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mr. Montes read the title of Ordinance No. 351. MOTION: Councilmember Mikos moved and Councilmember Van Dam seconded a motion to waive full reading, and schedule second reading and adoption of Ordinance No. 351 for June 20, 2007. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. B. Consider the Ad Hoc Committee Recommendation on Development Agreement No. 2004 -03 with Essex Portfolio, L.P. for Approximately 18.41 Acres South of Casey Road. Staff Recommendation: Direct staff to set and advertise public hearings before the Planning Commission and City Council for consideration of the development agreement, concurrent with other related entitlements. Mr. Hogan gave the staff report. Minutes of the City Council Moorpark, California Page 6 June 6, 2007 In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Mayor Hunter moved and Councilmember Parvin seconded a motion to set and advertise public hearings before the Planning Commission on June 26, 2007 and City Council on July 18, 2007, for consideration of the development agreement, concurrent with other related entitlements. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. C. Consider Tierra Rejada Greenbelt and Proposed Sphere of Influence Update for City of Simi Valley. Staff Recommendation: 1) Prepare a letter to the Ventura County LAFCO indicating the City of Moorpark is not opposed to the inclusion of the subject property in Simi Valley's Sphere of Influence; and 2) Work with staff from the cities of Simi Valley, Thousand Oaks, and the County to discuss potential changes to the Tierra Rejada Greenbelt Agreement for consideration by affected City Councils and Board of Supervisors. Mr. Hogan gave the staff report. A discussion followed among the Councilmembers and staff regarding changing the semantics of the letter to show "support of ", rather than "not in opposition" to, the inclusion of the subject property in Simi Valley's Sphere of Influence; requesting a list of allowable uses for Green Belt and other open spaces in the County; consideration of future discussions to consider a possible conservation easement for the Green Belt to protect open space and wildlife linkage crossings; and the possibility of requesting a moratorium on any more changes in the Greenbelt area until all issues are resolved. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to: 1) Prepare a letter to the Ventura County LAFCO indicating the City of Moorpark is in support of the inclusion of the subject property in Simi Valley's Sphere of Influence; and 2) Work with staff from the cities of Simi Valley, Thousand Oaks, and the County to discuss potential changes to the Tierra Rejada Greenbelt Agreement including, but not limited to, wildlife corridors and appropriate land uses, by affected City Councils and Board of Supervisors. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. D. Consider the Second Supplement to the Moorpark College Master Plan Draft Environmental Impact Report. Staff Recommendation: Direct staff to send a comment letter to the Ventura County Community College District. Minutes of the City Council Moorpark, California Page 7 June 6, 2007 Mr. Hogan gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Van Dam seconded a motion to direct staff to send Community College District. The Councilmember Millhouse absent. a comment letter to the Ventura County motion carried by voice vote 4 -0, E. Consider Reassianment of Certain Departmental Responsibilities and Changes to Certain Management Positions. Staff Recommendation: Approve the recommended changes as contained in the agenda report effective July 1, 2007, and direct staff to return with revisions to the Classification Plan and Salary Plan. Mr. Kueny gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to approve the recommended changes as contained in the agenda report effective July 1, 2007, and direct staff to return with revisions to the Classification Plan and Salary Plan. The motion carried by voice vote, Councilmember Millhouse absent. F. Consider Proposed Settlement Agreement to Provide for Access to Tract No. 5147 (AB Properties). Staff Recommendation: 1) Accept the Settlement Agreement with AB Properties, subject to final language approval by the City Manager and City Attorney; and 2) After execution of the Settlement Agreement, direct the City Clerk to send the Final Map for Tract No. 5147 for recordation. CONSENSUS: It was the consensus of the Council to remove this item from the calendar. G. Consider Resolution to Establish Re- Inspection Fees for Chapter 15.34 of the Moorpark Municipal Code (Rental Housing Inspection). Staff Recommendation: Adopt resolution No. 2007 -2597. ROLL CALL VOTE REQUIRED 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 8 June 6, 2007 MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to adopt resolution No. 2007 -2597, establishing Re- Inspection Fees for Chapter 15.34 of the Moorpark Municipal Code (Rental Housing Inspection). The motion carried by roll call vote 4 -0, Councilmember Millhouse absent. 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Councilmember Parvin moved and Councilmember Van Dam seconded a motion to approve the Consent Calendar with the exception of Item 10.1, which was pulled for individual consideration and heard prior to Public Hearings. The motion carried by roll call vote 4 -0, Councilmember Millhouse absent. A. Consider Approval of the Special Meeting Minutes of May 16, 2007. Staff Recommendation: Approve the minutes. B. Consider Approval of the Regular Meeting Minutes of May 16, 2007. Staff Recommendation: Approve the minutes. C. Consider Approval of the Special Meeting Minutes of May 23, 2007. Staff Recommendation: Approve the minutes. D. Consider Approval of Warrant Register for Fiscal Year 2006 -2007 — June 6 2007. Staff Recommendation: Approve the warrant register. E. Consider Award of Agreements for Transit Operating Services and Capital Maintenance Services. Staff Recommendation: Award agreements and authorize the City Manager to execute the agreements with Coach America (CUSA) CC LLC. F. Consider Resolution Authorizing the Destruction of Certain Records. Staff Recommendation: Adopt Resolution No. 2007 -2598. G. Consider Spring Road/Tierra Rejada Road Area of Contribution (SP/TR AOC) Fee Revision. Staff Recommendation: 1) Set June 20, 2007, as the date of the public hearing to consider an increase to the Spring Road/Tierra Rejada Road AOC fee. H. Consider Suretv Bond Reduction (No. 81933526) for Pardee Homes Moorpark Highlands, Tract 5045. Staff Recommendation: 1) Authorize the City Clerk to reduce Surety Bond No. 81933516 to 10 %; and 2) Authorize the City Clerk to fully exonerate the referenced surety bond one year after the approval of the reduction and upon written confirmation from the City Engineer that no warranty work is required. J. Consider Resolution Amending the Fiscal Year 2006/07 Budget for Purchase of a Ford Ranger Truck. Staff Recommendation: Adopt Resolution No. 2007 -2599. ROLL CALL VOTE REQUIRED Minutes of the City Council Moorpark, California Page 9 June 6 2007 K. Consider Resolution Approving the Engineer's Report for the Landscaping and Lighting Maintenance Assessment Districts for Fiscal Year 2007/2008 and Providing Notice of Public Hearing on June 20, 2007. Staff Recommendation: Adopt Resolution No. 2007 -2600. L. Consider Resolution Approving the Engineer's Report for the Parks and Recreation Maintenance and Improvement Assessment District for Fiscal Year 2007/08 and Providing Notice of Public Hearing on June 20, 2007. Staff Recommendation: Adopt Resolution No. 2007 -2601. M. Consider Contract Extensions for Sunridae Landscape Services and Venco Western for Landscape Maintenance Services. Staff Recommendation: Approve a six -month contract extension through December 31, 2007, including a three percent adjustment, with Sunridge Landscape Services, Inc., and Venco Western, Inc., for landscape maintenance services as described in this report, and authorize the City Manager to execute the amendments on behalf of the City. 11. ORDINANCES: (ROLL CALL VOTE REQUIRED) A. Consider Ordinance No. 350, Amendina Title 5 of the Moorpark Municipal Code (Business Taxes, Licenses and Regulations), by Adding Chapter 5.07, State Video Franchises. Staff Recommendation: Waive full reading and declare Ordinance No. 350 read for the second time and adopted as read. ROLL CALL VOTE REQUIRED Mr. Montes read the title of Ordinance No. 350. MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to waive further reading and declare Ordinance No. 350 read for the second time and adopted as read. The motion carried by roll call vote 4 -0, Councilmember Millhouse absent. 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for discussion of one case under Item 12.13. on the agenda. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to adjourn to closed session for a discussion of one case under Item 12.13. on the agenda. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. The time was 9:08 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) Minutes of the City Council Moorpark, California Page 10 June 6, 2007 The Council reconvened into closed session at 9:18 p.m. Present in closed session were Councilmembers Mikos, Parvin, Van Dam, and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; and Deborah Traffenstedt, Administrative Services Director /City Clerk. The Council reconvened into open session at 9:42 p.m. Mr. Kueny stated Item one case under Item 12.8. was discussed and there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned the m ATTEST: Deborah S. Traffenstedt City Clerk