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INUTES OF THE CITY COUNCIL
April 21 , 2010
A Regular Meeting of the City Council of the City of Moorpark was held on April 21
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 7:10 p.m.
2. PLEDGE OF ALLEGIANCE:
David Bobardt, Community Development Director, 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; Yugal Lall, City
Engineer/Public Works Director; David Bobardt, Community
Development Director; Ron Ahlers, Finance Director; Tom
Kruse, Parks and Recreation Director; Jeremy Laurentowski,
Landscape/ Parks Maintenance Superintendent; 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 May 1 , 2010, as Show Us Your Hope/Paint
Moorpark Purple Day.
Mayor Parvin presented Barbara Liley, Chairperson for Relay for Life, with
a proclamation recognizing May 1 , 2010, as Show Us Your Hope/Paint
Moorpark Purple Day.
B. Proclamation Recognizing April 22, 2010, as Earth Day.
Mayor Parvin presented Jennifer Mellon, Senior Management Analyst,
with a proclamation recognizing April 22, 2010, as Earth Day.
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5. PUBLIC COMMENT:
The following Meridian Hills residents spoke in regard to the developer, Resmark
Equities, Partners' plans to annex newly landscaped slopes and several empty
lots into their Homeowners Association boundary. They stated their concerns
over past problems with amenities transferred to the HOA, which are in poor
condition, including the tennis court, basketball court, swimming pool heaters,
and ongoing problems with landscaping that does not thrive.
David Tuttle
Marsha Simonds
Taylor Hodoose
Donna Frank
Matt Joseph
John Weymouth
Dr. Flora Tisherman
Mike Badner, representing Resmark Equity Partners, 10880 Wilshire Boulevard,
No. 1420, Los Angeles, CA, stated Resmark is working with City staff, Meridian
Hills HOA board, and residents to create quality homes for a successful
community. He stated Resmark's intent is to annex the landscaped slopes and
200 vacant lots into the HOA, which will reduce the HOA dues per residence.
Councilmember Millhouse requested a future agenda item for discussion of the
Meridian Hills development.
Mayor Parvin concurred with the scheduling of a future agenda item and
requested a box item communication to Council on the status of the Meridian
Hills development prior to the scheduled agenda.
Mr. Kueny stated the Meridian Hills development issues would be agendized for
the May 5, 2010 regular meeting.
AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the
Moorpark Redevelopment Agency. The time was 7:48 p.m. The City Council meeting
reconvened at 7:59 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:
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Councilmember Mikos announced she would be attending workshops for the
Compact for a Sustainable Ventura County at Moorpark College on April 22nd
and invited the public to attend.
Councilmember Mikos congratulated the City staff for the approval of a grant
application for Energy Efficiency and Conservation Block Grant Stimulus Monies,
as indicated in Item 10.1. on the agenda.
Councilmember Van Dam reported on attending a Moorpark Chamber of
Commerce networking mixer hosted by Moorpark Presbyterian Church and
sponsored by Moorpark Kiwanis.
Councilmember Van Dam announced the Moorpark High School jazz bands are
traveling to Reno, Nevada, for the largest west coast jazz competition.
Councilmember Van Dam reported the Free Landfill Day for Moorpark residents
on Sunday, April 18th was a huge success.
Mayor Parvin announced the Ventura County Grand Jury is accepting
applications from interested citizens through April 30th.
Mayor Parvin announced there will be a David Bagwell Arroyo Cleanup Day
sponsored by the Moorpark Rotary, Waste Management, Gateway Roofing, and
Dominos Pizza on April 24th.
Mayor Parvin announced for Earth Day the Ventura County's transit agencies are
giving away over 15,000 free bus tickets to encourage new riders to try transit
from now until — Monday, May 10, 2010 on Moorpark City Transit and other
transit services in Ventura County. Bus tickets are available locally at Moorpark
City Hall, the Moorpark Library, the Active Adult Center and Arroyo Vista
Recreation Center.
Mayor Parvin announced the City is pleased to have received notification from
the Ventura County Community Foundation's 'ArtsUVE in Ventura County Grants
to Nonprofits Fund' that the Moorpark Active Adults Center was approved to
receive a $3,750 grant for their Gourd Art Project.
Mayor Parvin announced "Moorpark Has Talent" was held at the High Street Arts
Center on Saturday, April 17th. The audience selected two juniors from
Moorpark High School, Luis Paredes and Shane Lerma as the winning act.
Mayor Parvin announced The Moorpark Arts Festival is on Sunday, April 25th
where Gourd Art will be on display along with and music and dance
performances at the Moorpark Civic Center and on High Street.
Mayor Parvin announced Moorpark residents may dispose of electronics at the
City Free Electronic Waste Collection Event on Saturday, May 15th at the
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Moorpark Public Services Facility. Residents and businesses can dispose of
electronic waste including electronic devices, televisions, computer equipment,
monitors, and printers. Residents can also dispose of batteries and fluorescent
lights.
Mayor Parvin announced Moorpark residents may get a home compost bin for
only $20.00 on May 15th at the Moorpark Public Services Facility.
Mayor Parvin announced the Moorpark City Library drawing contest, "Splash Into
Summer" and prizes will be given to the best entries.
Mayor Parvin announced due to the leadership of Moorpark resident, Pam
Castro, Moorpark has become Ventura County's first host city for a discounted
frozen food program called the Treasure Box supplying families with discounted
frozen food. For more information visit www.thetreasurebox.org or 805-910-
5870.
Mayor Parvin requested a future monthly box item communication to Council on
statistics on the City's and residents' water reduction efforts.
Councilmember Pollock announced he had recently visited the Moorpark Library
where he was pleased to find it well utilized. He stated the library accepts
donations of books and dvds, which are tax deductible donations.
8. PUBLIC HEARINGS:
None.
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Interim Urgency Ordinance Making Findings and Establishing a
Temporary Moratorium on Permitting New Massage Establishments; and
Consider Resolution Directing the Planning Commission to Study, Hold a
Public Hearing and Provide a Recommendation on an Ordinance
Amending Chapter 5.48 Massage Establishments and Therapists, of Title
5 Business Taxes Licenses and Regulations, and Section 17.20.060,
Permitted Uses in Commercial and Industrial Zones, of Title 17 Zoning, of
the Moorpark Municipal Code. Staff Recommendation: 1) Adopt Interim
Urgency Ordinance No. 385; 2) Adopt Resolution No. 2010-2898; and 3)
Direct staff to schedule and notice a public hearing for May 19, 2010 to
extend the Interim Ordinance. ROLL CALL VOTE REQUIRED - 4/5ths
AFFIRMATIVE
Mr. Bobardt gave the staff report.
There were no speakers.
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Mr. Montes read the title of Interim Ordinance No. 385.
MOTION: Councilmember Pollock moved and Councilmember Millhouse
seconded a motion to: 1) Waive full reading and adopt Interim Ordinance No.
385; 2) Adopt Resolution No. 2010-2898; and 3) Direct staff to schedule a public
hearing for May 19, 2010 to extend the Interim Ordinance. The motion carried by
unanimous roll call vote.
B. Consider Update on Filing of Letter of Map Changes (LOMC) to Federal
Emergency Management Agency (FEMA) for the 2010 Digital Flood
Insurance Rate Map (DFIRM). Staff Recommendation: Continue with the
study and process the LOMC to FEMA and return to the City Council with
a final report on the map amendments on obtaining the determination from
FEMA.
Mr. Lall gave the staff report.
Doug Frazier, a Moorpark resident, stated his home is still affected by the
newly produced map and wanted to know if he will have to pay another
$1 ,000 flood insurance premium in January 2011 or whether this process
will be completed before that time.
Mr. Lall introduced Mr. Massoud Rezakhani, consultant from MRC, LLC
who explained the LOMC process and stated it will be completed prior to
January 2011 .
MOTION: Councilmember Millhouse moved and Councilmember Mikos
seconded a motion to direct staff to continue with the study and process the
LOMC to FEMA and return to the City Council with a final report on the map
amendments on obtaining the determination from FEMA. The motion carried by
unanimous voice vote.
C. Consider College View Dog Park Proposed Design Plan, Amenities,
Rules, and Budget. Staff Recommendation: 1) Approve the proposed
design plan, amenities, and rules; and 2) Approve the budget and use of
funds from the Park Improvement Zone 2 Fund.
Mr. Kruse and Mr. Laurentowski gave the staff report.
There were no speakers.
The following issues were discussed by the Councilmembers and staff: 1)
The cost to leave existing turf and to maintain it in the future; and 2)
Obtaining additional information on the use of wood chips including input
from veterinarians.
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MOTION: Councilmember Millhouse moved and Mayor Parvin seconded a
motion to continue this item to a date uncertain and to provide a written response
to Council questions. The motion carried by unanimous voice vote.
D. Consider Appointment of Ad-Hoc Committee Members to Negotiate the
Terms of a Development Agreement between the City and Pardee Homes
for the Residential Development of Planning Area 7 of the Moorpark
Highlands Specific Plan. Staff Recommendation: Appoint
Councilmembers Millhouse and Van Dam to the Moorpark Highlands
Planning Area 7 development agreement ad-hoc committee.
Mr. Bobardt gave the staff report.
There were no speakers.
MOTION: Councilmember Mikos moved and Mayor Parvin seconded a motion to
appoint Councilmembers Millhouse and Van Dam to serve on the Moorpark
Highlands Planning Area 7 development agreement ad-hoc committee. The
motion carried by unanimous voice vote.
E. Consider Scheduling of the Summer Meeting Recess. Staff
Recommendation: Directs staff to post a notice of meeting cancellation for
the selected summer recess date(s).
Ms. Traffenstedt gave the staff report.
There were no speakers.
CONSENSUS: It was the consensus of the Council to direct staff to post a notice
of meeting cancellation for the regular meetings of August 4 and August 18,
2010.
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Van Dam moved and Councilmember Mikos seconded a
motion to approve the Consent Calendar. The motion carried by unanimous roll call
vote.
A. Consider Minutes of Regular Meeting of March 17, 2010. Staff
Recommendation: Approve the minutes.
B. Consider Warrant Register for Fiscal Year 2009-2010 — April 21 , 2010.
Staff Recommendation: Approve the warrant register.
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C. Consider Resolution Adopting Parking Restrictions on Campus Canyon
Drive and Monroe Avenue and Rescinding Resolution Nos. 95-1118, 98-
1421 , and 2004-2272. Staff Recommendation: Adopt Resolution No.
2010-2899.
D. Consider Cancellation of Program for Employee Resourcefulness and
Creativity (PERC). Staff Recommendation: Cancel PERC effective April
21, 2010, and direct staff to not budget funds to support this program in
the next fiscal year.
E. Consider Annual Review of Miscellaneous City Fees and Charges
Resolution. Staff Recommendation: Receive and file report.
F. Consider Resolution Authorizing the Destruction of Specified Finance and
Human Resources Records. Staff Recommendation: Adopt Resolution
No. 2010-2900.
G. Consider Vacancy on Teen Council. Staff Recommendation: Leave the
current vacancy unfilled.
H. Consider Resolution Authorizing Submittal of a Used Oil Payment
Program Application to the California Department of Resources Recycling
and Recovery (CalRecycle). Staff Recommendation: Adopt Resolution
No. 2010-2901.
I. Consider Resolution Amending the Fiscal Year 2009/10 Budget to Include
Energy Efficiency and Conservation Block Grant Stimulus Monies. Staff
Recommendation: Adopt Resolution No. 2010-2902. ROLL CALL VOTE
REQUIRED
J. Consider Exoneration of Surety Bonds for The Village at Moorpark, LLC
(Lot 2 of Tract 4973, CPD 2004-01). Staff Recommendation: Authorize
the City Clerk to exonerate Grading Bond No. 720529S in the amount of
$55,978.57 and Road Encroachment Permit Bond No. 720532C in the
amount of $4,501.00.
K. Consider Exoneration of Improvements/Performance & Payment Bonds
for KB Homes Greater Los Angeles, Inc. (Tract 5045-8). Staff
Recommendation: Authorize the City Clerk to fully exonerate the
Improvements/Performance & Payment Bond No. 6444591 in the amount
of $1,973,564.96 and Erosion Control Bond No. K07509406 in the amount
of $594,410.32.
L. Consider Surety Bond Reduction to 25% for Shea Homes, (Tract 51331.
Staff Recommendation: Authorize the City Clerk to reduce Performance &
Payment Bond No. 104324725 by 25% to $872,089.43, Labor & Materials
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Bond No. 104324725 by 25% to $436,044.71 , and Grading &
Improvements Bond No. 104324727 by 25% to $191,166.95.
M. Consider Report of Annual Development Agreement Review, Established
in Connection with Vistas at Moorpark, Tract 5130, Located on the East
Side of Walnut Canyon Road, Approximately 3,500 Feet North of CaseX
Road, on the Application of Moorpark 150, LLC. Staff Recommendation:
1) Accept the Community Development Director's report and
recommendation, and find, on the basis of substantial evidence, that
Moorpark 150, LLC has complied in good faith with the terms and
conditions of the agreement; and 2) Deem the annual review process
complete.
N. Consider Report of Annual Development Agreement Review, Established
in Connection with Moorpark Country Club Estates, Located
Approximately 2,700 Feet South of Broadway between Grimes Canyon
Road (Tract 4928), on the Application of Toll Brothers, Inc. Staff
Recommendation: Staff Recommendation: 1) Accept the Community
Development Director's report and recommendation, and find, on the
basis of substantial evidence, that Toll Brothers Inc. has complied in good
faith with the terms and conditions of the agreement; and 2) Deem the
annual review process complete.
O. Consider Report of Annual Development Agreement Review, Established
in Connection with The Masters at Moorpark Country Club Estates,
Located on 43.04 Acres North of Championship Drive and East of Grimes
Canyon Road (Tract 5463), on the Application of Toll Brothers, Inc. Staff
Recommendation: 1) Accept the Community Development Director's
report and recommendation, and find, on the basis of substantial
evidence, that Toll Brothers Inc. has complied in good faith with the terms
and conditions of the agreement; and 2) Deem the annual review process
complete.
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
None.
12. CLOSED SESSION:
Mr. Kueny requested the City Council go into closed session for discussion of
Items 12.13, 12.C, 12.D, 12.E, and 12.F. on the agenda.
MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a
motion to adjourn to closed session for a discussion of three cases under Item 12.13,
and Items 12.C, 12.D, 12.E, and 12.F. on the agenda. The motion carried by
unanimous voice vote. The time was 9:07 p.m.
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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 REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 512-0-103-020, 49 First Street
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: Albert R. Ceja, Florencio R. Ceja, and Esperanza M.
Ceja, and Juan T. Amezcua and Alicia C. Amezcua
Under Negotiation: Price and terms of payment
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 512-0-103-030, 65 First Street
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: Masedonio Camacho
Under Negotiation: Price and terms of payment
E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 512-0-102-210, 161 Second Street
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: Miguel Magdaleno, Jr. Trust
Under Negotiation: Price and terms of payment
F. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Subdivision (b) of Section 54957 of the Government Code)
Title: Administrative Services Director/City Clerk; Assistant City Manager;
City Manager; City Attorney; City Engineer/Public Works Director; Chief of
Police; Community Development Director; Finance Director; and Parks
and Recreation Director
Present in closed session were Councilmembers Mikos, Millhouse, Pollock
(arrived at 9:47 p.m. after discussion of one case under Item 12.13.), Van Dam,
and Mayor Parvin; Steven Kueny, City Manager; Joseph Montes, City Attorney;
Hugh Riley, Assistant City Manager (arrived 9:18 p.m.); Yugal Lall, City
Engineer/Public Works Director; David Bobardt, Community Development
Director; David Moe, Redevelopment Manager; Joseph Vacca, Principal Planner;
and Deborah Traffenstedt, Administrative Services Director/City Clerk. Mr. Lall,
Mr. Bobardt, and Mr. Vacca left the meeting at 9:47 p.m. Mr. Riley and Mr. Moe
left the meeting at 9:56 p.m.
The Council reconvened into open session at 10:30 p.m. Mr. Kueny stated three
cases under Item 12.13, and Items 12.C, 12.D, 12.E, and 12.F. were discussed
and there was no action to report.
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13. ADJOURNMENT:
Mayor Parvin adjourned the meeting at 10:30 p.m.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, Assistant City Clerk
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