HomeMy WebLinkAboutMIN 2010 1117 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California November 17, 2010
A Regular Meeting of the City Council of the City of Moorpark was held on November
17, 2010, in the Council Chambers of said City located at 799 Moorpark Avenue,
Moorpark, California.
1. CALL TO ORDER:
Mayor Parvin called the meeting to order at 7:20 p.m.
2. PLEDGE OF ALLEGIANCE:
Deborah Traffenstedt, Deputy City Manager, led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and
Mayor Parvin.
Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney;
Hugh Riley, Assistant City Manager; Deborah Traffenstedt,
Deputy City Manager; David Bobardt, Community
Development Director; Ron Ahlers, Finance Director; Joseph
Fiss, Principal Planner; Joseph Vacca, Principal Planner;
Captain Ron Nelson, Sheriff's Department; and Maureen
Benson, City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Recognition of Sheriff Bob Brooks Upon the Occasion of His Retirement
after Thirty -Seven Years of Service to Law Enforcement and as Sheriff of
Ventura County from June 1998 to January 2011.
Mayor Parvin presented Sheriff Bob Brooks with a City of Moorpark
plaque in honor of his retirement after 37 -years of service to law
enforcement and as Sheriff of Ventura County from June 1998 to January
2011.
5. PUBLIC COMMENT:
Ted Mackel, a member of the Moorpark real estate industry, spoke in regard to
Item 10.D. on the agenda concerning real estate open house signs and
recommended coordinating open house signage requirements for all of east
Ventura County cities.
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Moorpark, California Page 2 November 17, 2010
Peter Greer, President of the Conejo Simi Moorpark Association of Realtors and
Manager of Troop Real Estate in Moorpark, spoke in regard to Item 10.D. on the
agenda concerning real estate open house signs and stated he has no problem
with fees or enforcement. He requested the Council consider coordinating
issuance of stickers and fees with other Ventura County cities to avoid
duplication for brokers who work in more than one city; and requested more and
better information be circulated to the realtors.
Fred Priebe, a resident of Thousand Oaks, spoke on behalf of the Conejo Simi
Moorpark Association of Realtors and the Local Government Relations Political
Action Committee in regard to Item 10.D. on the agenda concerning real estate
open house signs. He requested consideration for signage that would be
compatible everywhere in Ventura County with perhaps one sticker required for
the life of the sign.
AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the
Moorpark Redevelopment Agency. The time was 7:32 p.m. The City Council meeting
reconvened at 7:33 p.m.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS /CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
Councilmember Mikos stated she had attended two meetings of the Economic
Development Collaborative of Ventura County held at the Moorpark Community
Center on November 9 and 16, which focused on small businesses.
Councilmember Van Dam thanked the local Veterans for the Veterans Day
ceremony on November 11th at the Flory Avenue site. He spoke about the
banner program to be discussed later on the agenda.
Councilmember Van Dam stated he had attended the Civil War Reenactment
during the weekend of November 13 and 14.
Councilmember Van Dam announced the Moorpark High School Band is having
their annual Christmas tree lot sale in Staples parking lot following the
Thanksgiving holiday and continuing up until Christmas.
Councilmember Millhouse requested Item 9.D. be heard first under
Presentation /Action /Discussion due to the number of speakers present.
CONSENSUS: It was the consensus of the Council to hear Item 9.D. first under
Presentation /Action /Discussion.
Minutes of the City Council
Moorpark, California Page 3 November 17, 2010
Councilmember Pollock stated he had been honored to speak at the Veterans'
Day ceremony. He complimented the American Legion for their involvement in
promoting the banner program, which will be discussed later in the meeting.
Councilmember Pollock stated he also attended the Civil War Reenactment
sponsored by the Moorpark Rotary Club over the weekend of November 13 and
14.
Councilmember Pollock announced he would be attending the Annual
Conference for the California School Board Association held during the first week
in December and that this work - related responsibility would preclude his
attending the regular City Council meeting on December 1 to be sworn in.
Mayor Parvin stated on November 4, she had attended the Ventura Council of
Governments meeting in Santa Paula. VCOG is asking city councils to discuss
how to implement a program for inmate release. VCOG is also asking for
opinions on the use of plastic grocery bags.
Mayor Parvin stated she attended the City Select Committee meeting in
Camarillo on November 5 where a recommendation was made to have the
alternate representative for Coastal Commissioner be from Ventura County.
Mayor Parvin stated along with Councilmember Mikos she also attended the
small business forum sponsored by the Economic Development Collaborative on
November 9.
Mayor Parvin stated she attended the Veterans ceremony on November 11
where all the services were represented.
Mayor Parvin congratulated the Moorpark Rotary Club on their 10th Anniversary
Civil War Reenactment held November 13 and 14.
Mayor Parvin announced she had attended a Local Agency Formation
Commission meeting this morning.
8. PUBLIC HEARINGS:
A. Consider: 1) Resolution Adopting a Revised Fee Schedule for Services
Rendered Pursuant to the Moorpark Municipal Code Related to Building
and Safety and Rescinding Resolution No. 2008 -2669; and 2) Resolution
Updating Staff Billing Rates, Deposits, and Fees for Development
Processing and Rescinding Resolution No. 2010 -2896, in Order to
Implement the California Green Building Standards Code. Staff
Recommendation: 1) Open the public hearing, accept public testimony,
and close the public hearing; 2) Adopt Resolution No. 2010 -2971,
adopting a revised fee schedule for services rendered pursuant to the
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Moorpark, California Page 4 November 17 2010
Moorpark Municipal Code and rescinding Resolution No. 2008 -2669; and
3) Adopt Resolution No. 2010 -2972, updating staff billing rates, deposits,
and fees for development processing and rescinding Resolution No. 2010-
2896. ROLL CALL VOTE REQUIRED
Mr. Bobardt gave the staff report.
Mayor Parvin opened the public hearing.
There were no speakers.
Mayor Parvin closed the public hearing.
MOTION: Councilmember Mikos moved and Councilmember Van Dam
seconded a motion to: 1) Adopt Resolution No. 2010 -2971, adopting a revised
fee schedule for services rendered pursuant to the Moorpark Municipal Code and
rescinding Resolution No. 2008 -2669; and 2) Adopt Resolution No. 2010 -2972,
updating staff billing rates, deposits, and fees for development processing and
rescinding Resolution No. 2010 -2896. The motion carried by unanimous roll call
vote.
B. Consider Resolution Approving Modification No. 1 to Residential Planned
Development Permit Nos. 2004 -02 and 2004 -03, a Request for Three
Additional House Plans and Changes to the Overall Plotting of 132 Single-
Family Houses in the Planning Areas 8 and 9 of the Moorpark Highlands
Specific Plan, Tract 5045 -8, on Approximately 67.7 Acres Northeast of
Ridgecrest Drive and Elk Run Way, on the Application of Kevin E.
Rosinski for Toll Brothers, Inc. Staff Recommendation: 1) Open the
public hearing, accept public testimony, and close the public hearing; and
2) Adopt Resolution No. 2010 -2973, approving Modification No. 1 to
Residential Planned Development Permit Nos. 2004 -02 and 2004 -03,
subject to Conditions of Approval.
Mr. Vacca gave the staff report.
In response to Mayor Parvin, Mr. Vacca stated a Special Condition will be
added to require the architecture of side or rear elevations of two -story
homes adjacent to streets, or clearly visible from streets, must be
enhanced with additional architectural treatments to the satisfaction of the
Community Development Director.
Mayor Parvin opened the public hearing.
Kevin Rosinski, representing Toll Brothers, 725 W. Town and Country,
Orange, California, described the project and accepted the new Special
Condition to provide enhanced architectural treatments to the sides of
homes visible from the street view.
Minutes of the City Council
Moorpark, California Page 5 November 17 2010
A. DeeWayne Jones, DDS, a Moorpark resident, spoke in support of the
project.
Mayor Parvin closed the public hearing.
MOTION: Councilmember Millhouse moved and Councilmember Mikos
seconded a motion to adopt Resolution No. 2010 -2973, approving Modification
No. 1 to Residential Planned Development Permit Nos. 2004 -02 and 2004 -03,
subject to Conditions of Approval, as amended for the addition of a Special
Condition for enhanced architectural treatments on side and rear elevations of
two -story homes visible from the street. The motion carried by unanimous voice
vote.
AT THIS POINT in the meeting, Item 9.D. was heard.
9. PRESENTATION /ACTION /DISCUSSION:
D. Consider Request from American Legion Post 502 for the Placement of
Banners on Southern California Edison (SCE) -Owned Street Lights. Staff
Recommendation: 1) Approve SCE License Agreement and authorize the
City Manager to sign subject to final language approval by the City
Manager and City Attorney; 2) Authorize the City Manager to sign and
Agreement with American Legion Post 502 to install, maintain, and
remove banners consistent with the City Banner Policy and the SCE
License Agreement and at their sole cost and expense, subject to final
language approval by the City Manager and the City Attorney; 3) Make
exception to Banner Policy allowing display for up to two years; and 4)
Waive Encroachment Permit Fee.
Mr. Riley gave the staff report.
The following issues were discussed by the Councilmembers and staff: 1)
Importance of safety in selection of hardware to hang banners; 2)
Conditions for banner maintenance and standard of appearance; and 3)
Waiving the Condition for defense and indemnification hold harmless
clause due to the cost to the American Legion.
Mr. Montes stated the defense and indemnification obligation is separate
from the insurance obligation; if the insurance is not sufficient for a liability
created, then the other party would have to make up the difference, and in
this case that other party would be the City. He further stated in regard to
whether a precedent would be set for future requests from either the
Legion or another City co- sponsored event, that the City would still have a
choice as to granting a waiver or not.
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Moorpark, California Paae 6 November 17, 2010
Pete Duncan, member of the American Legion Post 502, described the
banner program.
James Carpenter, Post Commander of the America Legion Post 502,
explained the banners will cost approximately $200 -$250 not including the
cost to hang them. Donations to this program are being accepted
throughout the City and checks payable to American Legion Post 502 and
marked for the banner program may be mailed to P.O. Box 156,
Moorpark, California 93020.
Gary Cabriales, member of American Legion Post 502 encouraged the
Council to become a sponsor of the banner program.
MOTION: Councilmember Millhouse moved and Councilmember Van Dam
seconded a motion to: 1) Approve SCE License Agreement and authorize the
City Manager to sign subject to final language approval by the City Manager and
City Attorney; 2) Authorize the City Manager to sign an Agreement with American
Legion Post 502 to install, maintain, and remove banners consistent with the City
Banner Policy and the SCE License Agreement and at their sole cost and
expense, subject to final language approval by the City Manager and the City
Attorney and as amended to eliminate the requirement for American Legion Post
502 to execute a defense, indemnity and hold harmless agreement with the City;
3) Make exception to Banner Policy allowing display for up to two years from
date of installation; and 4) Waive Encroachment Permit Fee.
Mr. Montes stated if the intent was to limit liability exposure to the amount
of the insurance policy the City would still need to include a defense,
indemnity provision in the agreement; it would just be capped at the
amount of insurance.
In response to Mr. Kueny, Mr. Duncan stated they anticipate the banner
program would run for four years. In response to Mayor Parvin, Mr. Kueny
stated the City's sponsorship of the project would be to donate funds for
the installation of the banners.
AMENDED MOTION: Councilmember Millhouse amended the motion and
Councilmember Van Dam seconded the amended motion to: 1) Approve SCE
License Agreement and authorize the City Manager to sign subject to final
language approval by the City Manager and City Attorney; 2) Authorize the City
Manager to sign an Agreement with American Legion Post 502 to install,
maintain, and remove banners consistent with the City Banner Policy and the
SCE License Agreement and at their sole cost and expense, subject to final
language approval by the City Manager and the City Attorney and as amended to
cap the requirement for American Legion Post 502 for the defense, indemnity
and hold harmless agreement with the City at the amount of the insurance to be
provided; 3) Make exception to Banner Policy allowing display for up to two years
from date of installation with the program to last for four years; 4) Waive
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Moorpark, California Paqe 7 November 17, 2010
Encroachment Permit Fee; and 5) City sponsorship of the program to include
City funding for the installation of the banners. The amended motion carried by
unanimous voice vote.
A. Consider Appointment to Fill One Vacancy on the Board of
Commissioners to the Area Housing Authoritv of the Countv of Ventura.
Staff Recommendation: Appoint one City representative to fill a vacancy
on the Board of Commissioners for the Area Housing Authority of Ventura
County for a term ending August 31, 2011.
Ms. Benson gave the staff report.
There were no speakers.
Mayor Parvin solicited nominations from the Council.
Councilmember Pollock nominated Natalie Panossian.
MOTION: Mayor Parvin moved to nominate and Councilmember Van Dam
seconded the nomination of Natalie Panossian to fill a vacancy on the Board of
Commissioners for the Area Housing Authority of Ventura County for a term
ending August 31, 2011. The motion carried by unanimous voice vote.
B. Consider Agenda Scheduling for 2010 Municipal Election Certification and
Installation of Newly Elected Mayor and Councilmembers. Staff
Recommendation: Direct staff as deemed appropriate.
Ms. Benson gave the staff report.
Councilmember Pollock stated he did not feel the need to schedule a
special City Council meeting due to his absence on December 1 as he
could be sworn in at the December 15 meeting.
There were no speakers.
CONSENSUS: It was the consensus of the Council to schedule the 2010
Municipal Election certification and installation of newly elected Mayor and
Councilmember for the December 1, regular meeting.
C. Consider Scheduling Interviews for Moorpark Arts, Parks & Recreation,
and Planning Commission Candidates. Staff Recommendation: Direct
staff as deemed appropriate.
Ms. Benson gave the staff report.
There were no speakers.
Minutes of the City Council
Moorpark, California Pape 8 November 17, 2010
Mayor Parvin recommended Planning Commission candidate interviews
for the December 15, 2010 regular meeting and Parks and Recreation
Commission candidate interviews for the January 5, 2011 meeting, with
any candidates having a scheduling conflict to attend the opposite meeting
date.
Councilmember Millhouse stated there is no reason to interview the
Moorpark Arts Commission candidates and Mayor Parvin concurred there
is no reason to open another recruitment for additional applications for the
as there are five qualified applicants for the five vacancies.
MOTION: Councilmember Millhouse moved and Mayor Parvin seconded a
motion to: 1) Schedule Planning Commission candidate interviews for the
December 15, 2010 with any scheduling conflicts for January 5, 2011; 2)
Schedule Parks and Recreation Commission candidate interviews for January 5,
2011 with any scheduling conflicts for December 15, 2010; and 3) Waive the
Council rule requiring interviews of the Moorpark Arts Commission candidates
since there are five qualified applicants; and 4) Schedule appointments to all
Commissions for the January 5, 2011 meeting. The motion carried by
unanimous voice vote.
E. Consider Status of Rental Housing Inspection Program. Staff
Recommendation: Direct staff as deemed appropriate.
Mr. Fiss gave the staff report.
The following issues were discussed by the Councilmembers: 1) The
ordinance establishing the rental housing inspection program was in
response to an instance in Ventura County where rental units were not
being maintained or inspected and there were tragic consequences; and
2) Reevaluation of the fairness of the program may be required.
Will Whitaker, a Moorpark resident, spoke in opposition to the ordinance
which founded the Rental Housing Inspection Program citing it as a
violation of freedom from search and seizure and asked the Council to
rescind the ordinance.
Alex Menas, Sr., Moorpark Chairman of the Conejo Simi Moorpark Local
Government Committee stated his concerns that single - family residences
are included in this ordinance; not all residences are inspected; and the
fee might be considered taxation in violation of Proposition 13.
Fred Priebe, representing the Conejo Simi Moorpark Association of
Realtors, stated this ordinance should be discontinued for single - family
residences or condominiums as there are sufficient California State laws
to provide tenants with protections and to impose requirements on
landlords.
Minutes of the City Council
Moorpark, California Page 9 November 17, 2010
Debra Tash, a Tea Party Observer, spoke in opposition to the ordinance
stating due to the hard economic times she has become a reluctant
landlord by purchasing a short-sale home and renting it back to a family
who could no longer afford the inflated price. She stated this is not a
business for her.
Peter Greer, President of the Conejo Simi Moorpark Association of
Realtors and Manager of Troop Real Estate in Moorpark described the
negative impacts this ordinance has on business when it is disclosed to
investors.
Ted Mackel, real estate agent and owner of rental property in other cities
and Moorpark, questioned the need for this ordinance and described
mandatory state requirements that must be met before a home may be
sold. He questioned the uneven enforcement of this ordinance due to the
large number of homes not inspected under this program.
Nelson Carrillo, a Moorpark real estate agent and member of the Conejo
Simi Moorpark Association of Realtors, spoke in opposition to the
ordinance as it unfairly targets a specific group.
Pat Miranda, an insurance agent, stated insurance companies have strict
guidelines for rental properties.
In response to Council, Mr. Montes stated the justification for entering a
home is in regard to consumer protection to look for safety issues; in
regard to unreasonable search and seizure, the City is treating this as a
business regulation and the ordinance would, therefore, be defensible; to
the extent that the fee does not exceed the cost to perform the service
then it is simply a fee and is exempt from the provisions of California
Constitution and Propositions 13 and 218, which determine a tax; and the
rationale for the inspection of rental properties is not only the safety
concern, but to protect a class of consumers who do not have as much
protection as they are not the owner of the property.
MOTION: Councilmember Pollock moved and Councilmember Van Dam
seconded a motion to suspend enforcement of the Rental Housing Inspection
Program until staff can present possible alternatives. The motion carried by
unanimous voice vote.
F. Consider Ordinance Amending Title 15, Buildings and Construction, of the
Moorpark Municipal Code by Replacing Chapters 15.04, 15.08, 15.12,
15.14, 15.16, 15.18, 15.20 and 15.22 and Section 15.28.060 in their
Entirety and by Adding Chapter 15.10 as Well as Adopting by Reference
and Amending the Current Editions of Certain Model Codes. Staff
Recommendation: Introduce Ordinance No. 395 for first reading, waive
Minutes of the City Council
Moorpark, California Page 10 November 17, 2010
full reading, and direct staff to schedule a public hearing and second
reading for December 15, 2010.
Mr. Bobardt gave the staff report.
There were no speakers.
Mr. Montes read the title of Ordinance No. 395.
MOTION: Councilmember Millhouse moved and Councilmember Mikos
seconded a motion to waive full reading, and direct staff to schedule a public
hearing and second reading for December 15, 2010. The motion carried by
unanimous voice vote.
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Pollock moved and Councilmember Van Dam seconded a
motion to approve the Consent Calendar. The motion carried by unanimous roll call
vote.
A. Consider Warrant Register for Fiscal Year 2010 -2011 — November 17,
2010. Staff Recommendation: Approve the warrant register.
B. Consider Report Titled "Accounting of Fund Information as Required by
Section 66006 of the California Government Code for Fiscal Year
2009/2010 ". Staff Recommendation: Receive and file report.
C. Consider Resolution Amending the Fiscal Year 2010/11 Budget and
Authorizing the Transfer of Gas Tax and General Funds to Cover Fiscal
Year 2009/10 Year -End Deficits in Certain Funds for the City's
Landscaping and Lighting Assessment Districts. Staff Recommendation:
Adopt Resolution No. 2010 -2974. ROLL CALL VOTE REQUIRED
D. Consider Update on Encroachment Permit Process for Real Estate Open
House Directional Signs in the Public Right -of -Way. Staff
Recommendation: Receive and file report.
E. Consider Moorpark High School Band and Color Guard's Request for
Parking Lot and Gate Closure at Arroyo Vista Community Park at 10:30
p.m. on November 20 for Battle of the Bands Event. Staff
Recommendation: Authorize the City Manager to approve the closure of
parking lots and gates at Arroyo Vista Community Park at 10:30 p.m. on
November 20, 2010, as a condition of the rental permit for Moorpark High
School Band and Color Guard's Battle of the Bands event.
F. Consider Release of Surety (Letter of Credit) for A -B Properties (TM
5147. Staff Recommendation: Authorize the City Clerk to release the
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Moorpark, California Page 11 November 17, 2010
Letter of Credit surety referenced in the agenda report for A -B Properties
and to bill no more than $15,000.00 of administrative cost related to the
reimbursement agreement.
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
A. Consider Ordinance No. 394 Amending and Restating, in its Entirety,
Chapter 8.36, Solid Waste, of Title 8, Health and Safety, of the Moorpark
Municipal Code. Staff Recommendation: Waive full reading and declare
Ordinance No. 394 read for the second time and adopted as read. ROLL
CALL VOTE REQUIRED
Mr. Montes read the title of Ordinance No. 394.
MOTION: Councilmember Mikos moved and Councilmember Van Dam
seconded a motion to waive full reading and declare Ordinance No. 394 read for
the second time and adopted as read. The motion carried by unanimous roll call
vote.
12. CLOSED SESSION:
Mr. Kueny requested the City Council go into closed session for discussion of
one case under Item 12.6. on the agenda.
MOTION: Councilmember Millhouse moved and Councilmember Van Dam seconded a
motion to adjourn to closed session for a discussion of one case under Item 12. B. on
the agenda. The motion carried by unanimous voice vote. The time was 10:29 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)
Present in closed session were Councilmembers Mikos, Millhouse, Pollock, Van
Dam, and Mayor Parvin; Steven Kueny, City Manager; Joseph Montes, City
Attorney; Deborah Traffenstedt, Deputy City Manager; and David Bobardt,
Community Development Director.
The Council reconvened into open session at 11:04 p.m. Mr. Kueny stated one
case under Item 12. B. was discussed and there was no action to report.
Minutes of the City Council
Moorpark California Page 12 November 17, 2010
13. ADJOURNMENT:
Mayor Parvin adjourned the meeting at 11:04 p.m.
ATTEST:
,ciao,__
Maureen Benson, City Clerk
r
Ja ' e S. Parvin, Mayor