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A Regular Meeting of the City Council of the City of Moorpark was held on November
19, 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 7:15 p.m.
2. PLEDGE OF ALLEGIANCE:
David Moe, Redevelopment Manager, led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Mikos, Millhouse, Parvin, Van Dam, and
Mayor Hunter.
Staff Present: Steven Kueny, City Manager; Hugh Riley, Assistant City
Manager; Barry Hogan, Deputy City Manager; Mary Lindley,
Parks/Recreation and Community Services David Bobardt,
Planning Director; Director; David Klotzle Assistant City
Engineer; David Moe, Redevelopment Manager; 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. Introduction of New Moorpark Library Employee, Meg Thackoree, Youth
Services Librarian.
Mayor Hunter introduced new Moorpark Library employee, Meg
Thackoree, Youth Services Librarian.
5. PUBLIC COMMENT:
Mark Richards, a Moorpark resident and President of Waverly Place
Homeowners Association (HOA) expressed concerns regarding Item 10. F. on
the Consent Calendar, stating the developer, Pardee, has paused construction of
Tract No. 5045-1 , RPD No. 2002-03, Moorpark Highlands, at 75% of build-out
and the HOA is requesting the City's assistance with completion of, or at least
partial completion of, the streets.
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Moorpark, California Page 2 November 19, 2008
Neil Flyer, a Moorpark resident, representing the Moorpark High School Aquatics
Booster Club spoke about issues affecting the Moorpark High School polo team
due to conditions at Maverick's swimming pool, which has been closed by the
Health Department. He requested renewed dialog for the creation of a
community pool for Moorpark.
AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the
Moorpark Redevelopment Agency. The time was 7:26 p.m. The City Council meeting
reconvened at 7:28 p.m.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
CONSENSUS: It was the consensus of the Council to hear Item 9.A. prior to Public
Hearings upon the request of Mayor Hunter.
CONSENSUS: It was the consensus of the Council to pull Item 10.G. from the Consent
Calendar for individual consideration upon the request of Councilmember Mikos.
CONSENSUS: It was the consensus of the Council to pull Item 10.1. from the Consent
Calendar for individual consideration upon the request of Mayor Hunter.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
Councilmember Van Dam congratulated Mindy Yaras, Moorpark Unified School
District Board Member, upon the occasion of her retirement after her many years
of service.
Councilmember Van Dam announced the "Battle of the Bands" sponsored by
Moorpark High School will be an all day event this Saturday, November 22 at the
high school.
Councilmember Parvin congratulated the Moorpark Rotary Club for another
successful Civil War Reenactment and thanked all those who made it possible
AT THIS POINT in the meeting Item 9.A. was heard.
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Presentation from "FIRST 5", Children & Families First
Commission of Ventura County, Honoring the City of Moorpark's 25th
Anniversary.
Mr. Riley introduced Mary Linn Daehlin, Director of FIRST 5, who
presented the City with a 25th birthday card signed by Moorpark citizens
at the Country Days Parade.
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Moorpark, California Page 3 November 19 2008
8. PUBLIC HEARINGS:
A. Consider Resolution Revising Approval of Sale of Property Owned by the
Redevelopment Agency of the City of Moorpark, Located at 192 High
Street, to Aszkenazy Development, Inc. (continued open public hearing
from November 5, 2008) Staff Recommendation: 1) Continue to accept
public testimony, and close the public hearing; and 2) Adopt Resolution
No. 2008- , approving the sale of Property between the Agency and
Developer, subject to Disposition and Development Agreement approval
by the Agency.
Mr. Moe requested this item be continued with the public hearing open to
December 3, 2008.
In response to Mayor Hunter, Ms. Traffenstedt stated there were no
speakers.
MOTION: Councilmember Millhouse moved and Councilmember Mikos
seconded a motion to continue the open public hearing to December 3, 2008.
The motion carried by unanimous voice vote.
9. PRESENTATION/ACTION/DISCUSSION:
B. Consider Resolution Approving Modification No. 1 to Vesting Tentative
Tract Map No. 5130 and Residential Planned Development Permit No.
1998-02, to Extend the Timing for Certain Improvements and the Term of
the Residential Planned Development Permit for the Vistas at Moorpark
Project, Located East of Walnut Canyon Road, and North of Wicks Road,
on the Application of Sage Community Group on Behalf of Moorpark 150
LLC. Staff Recommendation: 1) Open the public hearing, accept public
testimony, and close the public hearing; and 2) Adopt Resolution No.
2008-2767, approving Modification No. 1 to VTTM No. 5130 and RPD No.
1998-02.
Mr. Bobardt gave the staff report and stated Councilmember Parvin had
discussed the lack of Consumer Price Index (CPI) indexing for certain fees
contained in the Conditions of approval. He indicating Vesting Tentative
Tract Map 5130 Special Conditions 1 and 2 on stamped page 20 of the
agenda report along with Residential Planned Development No. 1998-02
Special Conditions 1 and 2 on stamped page 55 of the agenda report do
not include indexing for inflation since originally drafted in 2003, and he
recommended the final resolution include additional language for each of
these four fees to read "Commencing January 1, 2009, and annually
thereafter, this fee will be adjusted by any increase in the Consumer Price
Index (CPI) until the fee has been paid in full. The CPI increase will be
determined using the information provided by the U.S. Department of
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Moorpark, California Page 4 November 19, 2008
Labor, Bureau of Labor Statistics, for all urban consumers within the Los
Angeles/Riverside/Orange County metropolitan area during the prior year.
The calculation will be made using the month of October over the prior
October. In the event there is a decrease in the CPI for any annual
indexing, the fee shall remain at its then current amount until such time as
the next subsequent annual indexing which results in an increase."
Mayor Hunter opened the public hearing.
Cary Lowe, representing the applicant, Sage Community Group, 3
Corporate Plaza, Suite 102, Newport Beach, CA 92660, stated they
concur with the staff report and added the property owner is committed to
the project, but is asking for additional time due to the conditions of the
current economy. He introduced Dale Meredith, Project Manager, as
available for questions.
Councilmember Mikos stated for the record, she had met with Chuck
Cohen and had had an exparte conversation with him prior to this meeting
in which he also asked for an extension.
Mayor Hunter closed the public hearing.
MOTION: Councilmember Millhouse moved and Councilmember Parvin
seconded a motion to adopt Resolution No. 2008-2767, approving Modification
No. 1 to VTTM No. 5130 and RPD No. 1998-02, as amended for Vesting
Tentative Tract Map 5130 Special Conditions 1 and 2 and Residential Planned
Development No. 1998-02 Special Conditions 1 and 2 to include the additional
language, "Commencing January 1, 2009, and annually thereafter, this fee will be
adjusted by any increase in the Consumer Price Index (CPI) until the fee has
been paid in full. The CPI increase will be determined using the information
provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all
urban consumers within the Los Angeles/Riverside/Orange County metropolitan
area during the prior year. The calculation will be made using the month of
October over the prior October. In the event there is a decrease in the CPI for
any annual indexing, the fee shall remain at its then current amount until such
time as the next subsequent annual indexing which results in an increase." The
motion carried by unanimous voice vote.
9. PRESENTATION/ACTION/DISCUSSION:
B. Consider Resolution Updating Solid Waste Collection Fees. Staff
Recommendation: Adopt Resolution No. 2008-2768. ROLL CALL VOTE
REQUIRED.
Ms. Mellon gave the staff report.
Minutes of the City Council
Moorpark, California Page 5 November 19 2008
In response to Mayor Hunter, Ms. Traffenstedt stated there were no
speakers.
MOTION: Councilmember Mikos moved and Councilmember Van Dam
seconded a motion to adopt Resolution No. 2008-2768 updating solid waste
collection fees. The motion carried by unanimous roll call vote.
AT THIS POINT in the meeting, Item 9.D. was heard.
D. Consider the Proposed Prison Hospital in Ventura County. Staff
Recommendation: Direct staff as deemed appropriate.
Councilmember Parvin requested this item be removed from the calendar.
In response to Mayor Hunter, Ms. Traffenstedt stated there were no
speakers.
CONSENSUS: It was the consensus of the Council to remove this item from the
calendar upon the request of Councilmember Parvin.
C. Consider Resolution Authorizing Revisions to the City's Police Service
Rates and False Alarm Billing Rates and Rescinding Resolution No. 2005-
2289. Staff Recommendation: 1) Adopt Resolution No. 2008-2769,
establishing approval of Police Service Fees and rescinding Resolution
No. 2005-2289; and 2) Adopt Resolution No. 2008-2770, establishing
approval of False Alarm Billing Rates. ROLL CALL VOTE REQUIRED
Mr. Hogan 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 adopt Resolution No. 2008-2769, establishing approval of Police
Service Fees and rescinding Resolution No. 2005-2289; and 2) Adopt Resolution
No. 2008-2770, establishing approval of False Alarm Billing Rates. The motion
carried by unanimous roll call vote.
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a
motion to approve the Consent Calendar with the exception of Items 10.G, and 10.1,
which were pulled for individual consideration. The motion carried by unanimous roll
call vote.
A. Consider Warrant Register for Fiscal Year 2008-2009 — November 19,
2008. Staff Recommendation: Approve the warrant register.
Minutes of the City Council
Moorpark, California Page 6 November 19, 2008
B. Consider Resolution Amending the Fiscal Year 2008/09 Budget to
Appropriate Funds for the Council Approved Neighborhood Enhancement
Pilot Program. Staff Recommendation: Adopt Resolution No. 2008-2771 ,
appropriating $8,000 for the program. ROLL CALL VOTE REQUIRED
C. Consider Cooperative Agreement with the State Department of Health
Services and Agencies Applying Pesticides for Public Health Purposes.
Staff Recommendation: Approve the Cooperative Agreement and
authorize the Mayor to execute the Agreement on behalf of the City.
D. Consider Vacancy on Citizens Transportation Advisory Committee
CTAC . Staff Recommendation: Fill the vacancy on the CTAC as part of
the current recruitment and selection process.
E. Consider Quitclaim Deed to the City of Moorpark from ConocoPhillips for
Spring Road/Princeton Avenue Widening Project (8039). Staff
Recommendation: Accept the Quitclaim Deed from ConocoPhillips to the
City of Moorpark and authorize recordation of this document.
F. Consider Reduction of Surety Bond for Pardee Homes for Moorpark
Highlands (Tract No. 5045-1 , RPD No. 2002-03). Staff Recommendation:
1) Authorize the City Clerk to reduce the Faithful Performance / Labor and
Materials Bond No. 023-009-510 to 10%; and 2) Authorize the City Clerk
to fully exonerate Bond No. 023-009-510 one year after this approval of
the reduction of the surety bond and upon written confirmation from the
City Engineer that no warranty work is required.
H. Consider Professional Services Agreement with Willdan Homeland
Solutions for the Update of the Local Multi-Hazard Mitigation Plan. Staff
Recommendation: 1) Rescind June 18, 2008 City approval of the now
expired proposal from Environ International Corporation; and 2) Authorize
the City Manager to approve and sign the Agreement with Willdan
Homeland Solutions for a cost not to exceed $11 ,500.00.
J. Consider Acceptance of an Irrevocable Offer of Dedication of Easement at
686 and 690 Walnut Street (Richard Leyner). Staff Recommendation:
Direct staff to accept and record the irrevocable offer of dedication.
The following items were pulled for individual consideration.
G. Consider Resolution Adopting the Moorpark Bicycle Transportation Plan,
and Consider Resolution Authorizing the Application for Fiscal Year
2009/10 Bicycle Transportation Account, and Consider Authorization the
City Manager to Sign the Fiscal Year 2009/10 Bicycle Transportation
Account Application. Staff Recommendation: 1) Adopt Resolution No.
2008-2772 (Adoption of Moorpark BTA); 2) Adopt Resolution No. 2008-
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2773 (Approval of Grant Application); and 3) Authorize the City Manager
to sign FY 2009/10 BTA Project Application.
Councilmember Mikos requested that the motion include direction to staff
to revise the Bike Master Plan according to the recommendations from the
Council at the October 15, 2008 meeting.
MOTION: Councilmember Mikos moved and Councilmember Parvin seconded
a motion to: 1) Adopt Resolution No. 2008-2772 (Adoption of Moorpark BTA) 2)
Adopt Resolution No. 2773 (Approval of Grant Application); 3) Authorize the City
Manager to sign FY 2009/10 BTA Project Application; and 4) Directed staff to
revise the Bike Master Plan according to the recommendations from Council at
the October 15, 2008, meeting. The motion carried by unanimous voice vote.
I. Consider Response to Caltrans on Notice of Preparation for the
Preparation of a Draft Environmental Impact Report (EIR) for Proposed
State Route 118 Intersection Improvements at State Route 34 (Somis
Road) and Donion Road. Staff Recommendation: Direct staff to send
response letter to Caltrans as drafted in the agenda report.
Mayor Hunter stated he pulled this item to request the draft letter be
amended to state why the City anticipates truck volume will increase.
MOTION: Mayor Hunter moved and Councilmember Mikos seconded a motion
to direct staff to send a response letter to Caltrans as drafted in the agenda
report and as amended, to state why the City anticipates truck volume will
increase. The motion carried by unanimous voice vote
11 . ORDINANCES: (ROLL CALL VOTE REQUIRED)
None.
12. CLOSED SESSION:
Mr. Kueny requested the City Council go into closed session for discussion of
Item 12.C. on the agenda.
MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a
motion to adjourn to closed session for a discussion of Item 12. C. on the agenda. The
motion carried by unanimous voice vote. The time was 7:59 p.m.
C. 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; Deputy City Manager; Finance Director; Parks, Recreation and
Community Services Director; and Planning Director
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Present in closed session were Councilmembers Mikos, Millhouse, Parvin, Van
Dam, and Mayor Hunter; and Steven Kueny, City Manager.
The Council reconvened into open session at 10:41 p.m. with no action to report.
Mr. Kueny stated Item 12.C. was discussed and there was no action to report.
13. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 10:41 p.m.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, Assistant City Clerk