HomeMy WebLinkAboutMIN 2008 0820 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California August 20, 2008
A Regular Meeting of the City Council of the City of Moorpark was held on August 20,
2008, 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 7:19 p.m.
2. PLEDGE OF ALLEGIANCE:
David Bobardt, Planning Director, 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; Yugal
Lail, City Engineer /Public Works Director; David Bobardt,
Planning Director; John Brand, Senior Management;
Analyst; Jennifer Mellon, Senior Management Analyst;
Captain Ron Nelson, Sheriff's Department; Deborah
Traffenstedt, Administrative Services Director /City Clerk; and
Maureen Benson, Assistant City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Proclamation Recognizing August 2008 as "American Red Cross of
Ventura County Disaster Action Team (DAT) Awareness Month in
Moorpark.
Mayor Hunter presented Chris Johnson, CEO of the American Red Cross,
with a proclamation recognizing August 2008 as "American Red Cross of
Ventura County Disaster Action Team Awareness Month in Moorpark.
B. Introduction of New City Employee in the Finance Department, Laura
Ritchie - Rojas, Senior Account Technician.
Mayor Hunter introduced new City employee, Laura Ritchie- Rojas, Senior
Account Technician in the Finance Department.
Minutes of the City Council
Moorpark, California Page 2 August 20, 2008
C. Introduction of New City Employee in the City Manager and Finance
Departments, Amy Hock, Secretary I.
Mayor Hunter introduced new City employee, Amy Hock, Secretary in the
City Manager and Finance Departments.
5. PUBLIC COMMENT:
Steven Trolard, 100 E. Thousand Oaks Boulevard, Suite 188, Thousand Oaks,
California, Attorney representing Mr. and Mrs. Jose Tomas Garcia, spoke in
regard to their request to the City for a hardship waiver for plan check fees and a
grading bond requirement.
In response to Mr. Trolard, Mr. Kueny stated this is a litigation matter and
suggested having the City Attorney's office contact Mr. Trolard. Mayor Hunter
stated, if the need arises, this matter may be agendized for the September 3,
2008 meeting.
AT THIS POINT in the meeting, Mayor Hunter recognized three speaker cards for Item
10.R. and announced it is anticipated this item will be recommended to be pulled from
the Consent Calendar for individual consideration prior to Public Hearings.
AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the
Moorpark Redevelopment Agency. The time was 7:30 p.m. The City Council meeting
reconvened at 7:31 p.m.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
CONSENSUS: It was the consensus of the Council to pull Item 10.R. from the Consent
Calendar for individual consideration and to hear prior to Public Hearings upon the
request of Councilmember Millhouse.
CONSENSUS: It was the consensus of the Council to pull Item 10.F. from the Consent
Calendar upon the request of Mayor Hunter who wishes to recuse himself from voting
on this item.
CONSENSUS: It was the consensus of the Council to pull Item 10.Q. from the Consent
Calendar for individual consideration upon the request of Mayor Hunter.
CONSENSUS: It was the consensus of the Council to pull Items 10.G. and 10.V. from
the Consent Calendar for individual consideration upon the request of Councilmember
Mikos.
Minutes of the City Council
Moorpark, California Page 3 August 20, 2008
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS /CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
None.
AT THIS POINT in the meeting Item 10.R. was heard.
10. R. Consider Status Update on the Amended Implementation Plan for
Improvements Associated with Tract Nos. 5187 -1 &2 and 5405 the
Meridian Hills Residential Development Project, on the Application of
Resmark Equity Partners, LLC, (ORA Ashford 94, LLC). Staff
Recommendation: Receive and file report.
Councilmember Millhouse, as a member of the Ad Hoc Committee stated
there are still items of concern and significant work to do, especially in
regard to landscaping and Fish and Game challenges, but a situation
concerning chain link fencing has been rectified.
Councilmember Parvin, as a member of the Ad Hoc Committee requested
this continue to be an open item until the homeowners are satisfied.
David Tuttle, a Meridian Hills resident, stated turning over Lots 86 -94 to
the Homeowners Association is not complete as the planting material is
not established due to prior neglect and insufficient watering; dust is
blowing due to lack of vegetation; the concrete V -ditch has significant
cracks; there is not a separate water meter under HOA control; and more
time is needed to monitor this situation.
Matt Joseph, a Meridian Hills resident, directed his comments to Items 2
and 4 of the Update indicating the landscaping is not complete. He stated
the cage -like fencing needs to be pushed back on the lots; he hopes the
sports court will be completed soon; and even though residents are not at
this meeting to speak out, they are concerned about the issues.
CONSENSUS: It was the consensus of the Council to direct staff to bring back
another update on this item for October 1, 2008.
8. PUBLIC HEARINGS:
A. Consider General Plan Amendment Pre- Screenina Application No. 2008-
01 to Change the Land Use Designation on 10.75 Acres of a 32.65 -Acre
Site at 11289 Los Angeles Avenue from General Commercial to Medium
Industrial on the Application of TriLiad Development. Inc. Staff
Recommendation: 1) Open the public hearing, accept public testimony,
and close the public hearing; 2) Direct staff to accept a General Plan
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Moorpark, California Page 4 August 20, 2008
Amendment application provided all other necessary entitlement
applications, including an application for a development agreement, are
filed concurrently; and 3) Appoint an Ad Hoc Committee for negotiation of
the development agreement.
Mr. Bobardt gave the staff report.
Mayor Hunter opened the public hearing.
Valerie Draeger, representing TriLiad Development, 270 Conejo Ridge
#200, Thousand Oaks, California, stated they are working with different
studios to refine the site plan to meet their needs and are requesting the
General Plan Amendment to change the land use back to its prior
designation of Medium Industrial.
Harvey Plaks, a Moorpark resident, encouraged the Council to approve
the General Plan Amendment so Moorpark will not miss out on the
benefits of the project including a potential traffic signal on Los Angeles
Avenue for increased safety. He stated a major studio will put Moorpark
on the map.
Councilmembers Parvin and Mikos volunteered to be on the Ad Hoc
Committee.
Mayor Hunter closed the public hearing.
MOTION: Councilmember Van Dam moved and Councilmember Parvin
seconded a motion to appoint Councilmembers Mikos and Parvin to serve on the
TriLiad Development Agreement Ad Hoc Committee.
AMENDED MOTION: Councilmember Van Dam amended his motion and
Councilmember Parvin seconded the amended motion to also include directing
staff to accept a General Plan Amendment application provided all other
necessary entitlement applications, including an application for a development
agreement, are filed concurrently. The amended motion carried by unanimous
voice vote.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider a Ban on Plastic Bags. Staff Recommendation: Direct staff as
deemed appropriate.
Ms. Mellon gave the staff report.
Jennifer Forkish, representing the Progressive Bag Affiliates of the
American Chemistry Council, spoke is support of reducing litter, but not by
banning plastic bags, rather recycling them for use in products such as
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Moorpark, California Page 5 August 20, 2008
new bags, pallets, containers, crates and pipes She stated consumer
behavior needs to changed through education regarding proper disposal
and recycling.
Saira Gandhi, Volunteer Coordinator for Heal the Bay, spoke in support of
the ban on plastic bags. She recommended Council include additional
materials for the ban including biodegradable and paper bags, which also
have an impact on the environment.
Alicia Johnson, a Moorpark business owner, spoke in support of the ban
on plastic bags and presented a fund raising idea promoting the sale of
reusable fabric bags.
The following issues that affect the staff recommendation or give direction
to staff were discussed by the Councilmembers and staff: 1)
Consideration for other materials to be banned, including paper and
polystyrene; 2) California Environmental Quality Act requirements, 3)
Criteria for retail establishment involvement; 4) Other information gathered
from cities which have adopted ordinances banning plastic bags and 5)
Consideration of phasing in a ban.
MOTION: Councilmember Millhouse moved to direct staff to craft an Ordinance
that considers a phase out of plastic bags for grocery stores, restaurants and
pharmacies as reflected in some of the other cities' ordinances and also present
other options with respect to dealing with paper bags.
A discussion among the Councilmembers followed on whether requiring
staff to return with an ordinance is premature considering the need for
more information to address the whole issue not just plastic bags, include
different size retail establishments in the options, and consider the use of
reusable bags for everything.
The motion died due to lack of a second.
CONSENSUS: It was the consensus of the Council to direct staff to return in
approximately 60 days with an entire list of options for Council's consideration on
types of materials to be banned, California Environmental Quality Act
requirements, criteria for retail establishment involvement, other information
gathered from cities which have adopted ordinances banning plastic bags, and
for phasing in a ban or requiring cloth bags.
B. Consider Confirming Role of the Moorpark Arts Commission. Staff
Recommendation: Discuss the role of the Arts Commission as outlined in
Chapter 2.38 of the Moorpark Municipal Code.
Mr. Riley gave the staff report.
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Moorpark, California Page 6 August 20, 2008
In response to Mayor Hunter, Ms. Traffenstedt stated there were no
speakers.
The following issues that affect the staff recommendation or give direction
to staff were discussed by the Councilmembers in regard to the Arts
Commission: 1) To act in an advisory capacity using their expertise and
experience to advise and make recommendations to the General Manager
of the High Street Arts Center, staff and Council on certain issues; and 2)
Allow the Arts Commission to participating in reviewing operating policies
in regard to their participation, and have them presented to Council for
consideration.
MOTION: Councilmember Millhouse moved and Councilmember Van Dam
seconded a motion to direct staff to develop operating policies for the Arts
Commission, consistent with Section 2.38.080 of Chapter 2.38 of the Moorpark
Municipal Code, recognizing the Arts Commission's expertise and experience to
be used in an advisory capacity. The motion carried by unanimous voice vote.
C. Consider Authorizing Two Years Additional Service Credit Retirement
Incentive Pursuant to Government Code Section 20903 and Consistent
with the City's Contract with the California Public Employees' Retirement
System (CaIPERS). Staff Recommendation: Direct staff to schedule for
the September 3, 2008, regular meeting consideration of adoption of a
resolution to grant another designated period for two years additional
service credit retirement incentive for designated eligible employees.
Ms. Traffenstedt 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 direct staff to schedule for the September 3, 2008, regular meeting
consideration of adoption of a resolution to grant another designated period for
two years additional service credit retirement incentive for designated eligible
employees. The motion carried by unanimous voice vote.
D. Consider Voting Delegate and Alternates for League of California Cities
Annual Conference — September 24 -27, 2008. Staff Recommendation: 1)
Determine a second Alternate Voting Delegate; and 2) Direct the City
Clerk to notify the League of California Cities of the designated voting
delegate and two alternates.
MOTION: Councilmember Millhouse nominated Councilmember Mikos to be the
second Alternate Voting Delegate and Councilmember Parvin seconded the
nomination and directed staff to notify the League of California Cities. The
motion carried by unanimous voice vote.
Minutes of the City Council
Moorpark, California Page 7 August 20, 2008
AT THIS POINT in the meeting Item 10.F. was heard
10. F. Consider Professional Services Agreement with Reel Life Pictures for
Professional Services to Provide Video Production, Operations and
Maintenance Services for the City Government Access Channel MPTV 10.
Staff Recommendation: Approve the Agreement, subject to final language
approval by the City Manager and City Attorney, and authorize the City
Manager to sign the Agreement.
Mayor Hunter stated he would recuse himself on this item even though he
has no legal conflict of interest his participation could be construed as
such. Mayor Hunter left the dais. The time was 9:08 p.m.
MOTION: Councilmember Parvin moved and Councilmember Millhouse
seconded a motion to approve the Agreement, subject to final language approval
by the City Manager and City Attorney, and authorize the City Manager to sign
the Agreement. The motion carried by voice vote 4 -0, Mayor Hunter absent.
Mayor Hunter returned to the dais at 9:09 p.m.
AT THIS POINT in the meeting the balance of the Consent Calendar was heard.
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Parvin moved and Councilmember Millhouse seconded a
motion to approve the Consent Calendar with the exception of Items 10.G, 10.Q, and
10.V, which were pulled for individual consideration and Items 10.17. and 10.R, which
were heard earlier in the meeting. The motion carried by unanimous roll call vote.
A. Consider Special Joint City Council /Planning Commission Meeting
Minutes of April 23, 2008. Staff Recommendation: Approve the minutes.
B. Consider Regular Meeting Minutes of July 2, 2008. Staff
Recommendation: Approve the minutes.
C. Consider Warrant Register for Fiscal Year 2007 -2008 — August 20, 2008.
Staff Recommendation: Approve the warrant register.
D. Consider Warrant Resister for Fiscal Year 2008 -2009 — August 20, 2008.
Staff Recommendation: Approve the warrant register.
E. Consider Rejection of Claim: Jaime and Dorothy Reyes. Staff
Recommendation: Reject the claim and direct staff to send a standard
rejection letter to the claimant.
Minutes of the City Council
Moorpark, California Page 8 August 20, 2008
H. Consider Request for Proposal to Provide Professional Services for
Evaluation and Recommendations for Moorpark City Transit. Staff
Recommendation: Approve the Request for Proposal and authorize staff
to advertise for receipt of proposals.
I. Consider VISTA -East Cooperative Agreement for Commuter Bus
Services. Staff Recommendation: Authorize the Mayor to sign the
Addendum to the Cooperative Agreement.
J. Consider Resolution Amending Fiscal Year 2007/08 Budget to Reimburse
the General Fund for Planning and En, ineering Services Provided to
Various Capital Improvement Projects. Staff Recommendation: Adopt
Resolution No. 2008 -2737. ROLL CALL VOTE REQUIRED
K. Consider Grant Deed of Easement to the City of Moorpark from Anthony
J. Costa. Staff Recommendation: Accept the easement and authorize the
City Clerk to sign and record an acceptance certificate for the Grant Deed
of Easement and the attachments thereto in the office of the Ventura
County Recorder.
L. Consider Easement Deed for 34 -Foot Wide Right -of -Way on Park Crest
Lane and 10 -Foot Wide Right -of -Way on Moorpark Avenue from Tuscany
Square Partners, LLC, for Commercial Planned Development No. 2005 -02
for Parcel A of Parcel Map 3118. Staff Recommendation: Approve
acceptance of the easement and authorize the City Clerk to sign and
record an acceptance certificate for the Easement Deed and the
attachments thereto in the office of the Ventura County Recorder.
M. Consider Citv Entry Sian Easement for Warehouse Discount Center
(Parcel Map No. 5532, CPD 2004 -03). Staff Recommendation: Approve
the acceptance of the easement and authorize the City Clerk to sign and
record an acceptance certificate for the Deed of Easement and the
attachments thereto in the office of the Ventura County Recorder.
N. Consider Request for the Formation of Assessment District AD09 -01
(Warehouse Discount Center — CPD 2004 -03) and Resolution Initiating
the Proceedings for Same. Staff Recommendation: 1) Accept and
approve the Petition/Waiver from the owner of the property requesting the
formation of assessment district AD 09 -01 for CPD 2004 -03; and 2) Adopt
Resolution No. 2008 -2738 initiating the proceedings required for the
formation of the District.
O. Consider Reduction of Suretv Bond for NLA 118. LLC for Warehouse
Discount Center (Parcel Maa No. 5532. CPD 2004 -03). Staff
Recommendation: 1) Authorize the City Clerk to exonerate Monuments
Cash Bond No. 1136 and refund the amount of $1,987.21 to NLA 118,
LLC; 2) Authorize the City Clerk to reduce Performance and Payment
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Moorpark, California Page 9 August 20, 2008
Bond No. 104669956 to 10 %; and 3) Authorize the City Clerk to fully
exonerate Performance and Payment Bond No. 104669956 one year after
this approval of reduction and upon written confirmation from the City
Engineer that no warranty work is required.
P. Consider Exoneration of Letters of Credit for Moorpark Carlsberg Holdings
LLC for Industrial Planned Development No. 2000 -01 Patriot Commerce
Center. Staff Recommendation: 1) Authorize the City Clerk to exonerate
Letters of Credit Nos. NZS616477 for $175,628.00 (Grading) and
NZS616480 (Street /Storm Drain /Erosion Control) for $2,196,125.00; and
2) Authorize the City Clerk to fully exonerate the warranty bonds one year
after approval of this item and upon written confirmation from the City
Engineer that no warranty work is required.
S. Consider the Selection of a Consultant to Provide Traffic Engineering
Services for the City and Selection of a Consultant to Provide Traffic
Signal Design and Maintenance. Staff Recommendation: 1) Authorize
the City Manager to sign the negotiated contract for services with KOA
Corporation for Traffic Engineering Services, subject to final language
approval by the City Manager and the City Attorney; and 2) Authorize the
City Manager to sign the negotiated contract for services with Hartzog &
Crabill, Inc. for Traffic Signal Design and Maintenance, subject to final
language approval by the City Manager and City Attorney.
T. Consider Report of Annual Development Agreement Review Established
in Connection with Canterbury Lane (Tract No. 5425), Located on the
South Side of Los Angeles Avenue East of Fremont Street, on the
Application of Shea Homes. Staff Recommendation: 1) Accept the
Planning 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.
U. Consider Report of Annual Development Agreement Review Established
in Connection with Canyon Crest Ranch Partners- Moorpark, LLC
(Birdsall), Located on Approximately 42.4 Acres East of Walnut Canyon
Road at Championship Drive (Tentative Tract Map 5437), on the
Application of Canyon Crest Ranch Partners - Moorpark, LLC (Birdsall).
Staff Recommendation: 1) Accept the Planning Director's Report and
recommendation, on the basis of substantial evidence, that Canyon Crest
Ranch Partners- Moorpark, LLC (Birdsall), has complied in good faith with
the terms and conditions of the agreement; and 2) Deem the annual
review process complete.
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Moorpark, California Page 10 August 20, 2008
W. Consider Resolution Approving Redevelopment Agency Provision of
Public Improvements in the Project Area Consistent with Section 33445 of
California Community Redevelopment Law. Staff Recommendation:
Adopt Resolution No. 2008 -2739.
X. Consider Resolution Amending Salary Plan and Rescinding Resolution
No. 2008 -2734, and Consider Resolution Amending Classification Plan
and Rescinding Resolution No. 2008 -2709. Staff Recommendation: 1)
Adopt Salary Plan Resolution No. 2008 -2740; and 2) Adopt Classification
Plan Resolution No. 2008 -2741.
Y. Consider Stockpile Permit for Moorpark Unified School District (Arroyo
West School). Staff Recommendation: Grant a Stockpile Permit for 400
Cubic Yards of dirt for the Arroyo West School site.
Z. Consider Updated Crossing Guard Warrant and Modify City Council Policy
No. 28. Staff Recommendation: Approve and adopt the following
Crossing Guard Warrant to supersede Policy 28 of City Council Resolution
No. 2007 -2636: 1) The traffic volume shall be greater than 250 vehicles
per hour; 2) The subject crossing on at least 2 legs of the crossing shall be
a minimum of four travel lanes; 3) A minimum of 40 elementary school
aged (grade K -5) pedestrians per hour; and 4 Direct staff to include this
action in the next formal update of City Council Policies.
The following items were pulled for individual consideration.
G. Consider Memorandum of Understanding (MOU) Between the Ventura
Countv Sheriffs Department and the Citv of Moorpark Regarding Reverse
911 System Emergency Telephone Notification. Staff Recommendation:
Approve the MOU Agreement, subject to final language approval by the
City Manager and City Attorney, and authorize the City Manager to sign
the Agreement.
Councilmember Mikos stated she pulled this item to request staff take
steps for additional outreach through press releases, publication in the
City's quarterly magazine, and any other ways to encourage those
individuals with voice -over IP and others who would not automatically be a
part of the Reverse 911 service to sign up.
MOTION: Councilmember Mikos moved and Councilmember Millhouse
seconded a motion to approve the MOU Agreement, subject to final language
approval by the City Manager and City Attorney, and authorize the City Manager
to sign the Agreement and with additional community outreach to those
individuals who would not automatically be included in the Reverse 911
Directory. The motion carried by unanimous voice vote
Minutes of the City Council
Moorpark, California Page 11 August 20, 2008
Q. Consider Reduction of Cash Deposit for Moorpark Presbyterian Church at
13950 Peach Hill Road. Staff Recommendation: 1) Authorize the City
Clerk to reduce Cash Deposit No. 0504001440 to $8,947.13 and refund
$80,524.17 to Moorpark Presbyterian Church; and 2) Authorize the City
Clerk to fully exonerate the Cash Deposit one year after this approval of
the reduction and upon written confirmation from the City Engineer that no
warranty work is required.
Mayor Hunter asked Council to consider fully exonerating the bond, so the
church can put the cash to better use.
MOTION: Mayor Hunter moved and Councilmember Parvin seconded a motion
to fully exonerate the cash deposit for the Moorpark Presbyterian Church at
13950 Peach Hill Road. The motion carried by unanimous voice vote
V. Consider the Selection of a Consultant for Environmental Review Services
for the Moorpark General Plan Update. Staff Recommendation:
Authorize the City Manager to sign the negotiated contract for services
with Christopher A. Joseph and Associates for environmental review
services, subject to final language approval by the City Manager and the
City Attorney.
Councilmember Mikos stated she pulled this item to clarify the need to
consider any land uses that are in the Moorpark Area of Interest not just
agricultural land. In response to Councilmember Mikos, Mr. Kueny stated
that was the intent.
MOTION: Councilmember Mikos moved and Councilmember Millhouse
seconded a motion to authorize the City Manager to sign the negotiated contract
for services with Christopher A. Joseph and Associates for environmental review
services, subject to final language approval by the City Manager and the City
Attorney; and as amended to clarify the General Plan Update will consider all
land use areas in the Moorpark Area of Interest, and not just agricultural areas.
The motion carried by unanimous voice vote
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
None.
12. CLOSED SESSION:
None was held.
Minutes of the City Council
Moorpark, California Page 12 August 20, 2008
13. ADJOURNMENT:
MOTION: Councilmember Parvin ved and Coun 'Imemb Mikos econded a
motion to adjourn. The motion c ed by un nimous vo ce a he me was 9:15
p.m. n 1-11 ^ l►
H
ATTEST:
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Maureen Benson, Assistant