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HomeMy WebLinkAboutAGENDA REPORT 2000 0105 CC REG ITEM 11ArrEM 11 • A • MINUTES OF THE CITY COUNCIL Moorpark, California August 18, 1999 A Regular Meeting of the City Council of the City of Moorpark was held on August 18, 1999 in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. 2. 3. M 5. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:46 p.m. INVOCATION: A Silent Moment of Reflection was held. PLEDGE OF ALLEGIANCE: Captain Lewis led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Evans, Harper, Rodgers, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; John Nowak, Assistant City Manager; Brian Pierik, Assistant City Attorney; Wayne Loftus, Acting Director of Community Development; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Dirk Lovett, Assistant City Engineer; Captain Mike Lewis, Sheriff's Department; John Libiez, Principal Planner; Deborah Traffenstedt, City Clerk; and La -Dell VanDeren, Deputy City Clerk. PROCLAMATIONS AND COMMENDATIONS: A. Recognize Steven Kueny for 15 years of service as a Cit Employee. Mayor Hunter recognized Steven Kueny for his service to the City as City Manager. He discussed his achievements and presented a City plaque to Mr. Kueny. Mr. Kueny thanked the Council for the recognition. He commended the City employees for their contributions to past achievements. OOOJ -39 Minutes of the City Council Moorpark, California Page 2 Auqust 18, 1999 B. Introduce new employee La -Dell VanDeren, Deputy City Clerk. Mayor Hunter introduced La -Dell VanDeren as the new Deputy City Clerk. C. City Manager's Monthlv Report. The monthly report was deferred. 6. PUBLIC COMMENT: Michael Carney, 200 E. Santa Clara Street, Ventura, representing Pacific Bell, addressed the Council regarding the cable franchise renewal. He discussed the need to maintain open access to allow any internet service provider to use cable television lines. AT THIS POINT in the meeting, a recess was declared to convene the Redevelopment Agency. The time was 6:58 p.m. The Council reconvened at 7:00 p.m. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.) Mayor Hunter stated Item 10.L. would be continued to September 1, 1999. CONSENSUS: By consensus, the Council continued Item 10.L. to September 1, 1999. Councilmember Rodgers stated she intended to pull Item 11.A. Ms. Traffenstedt requested the Council pull Item 11.S. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter announced that the 4th Annual Moorpark Senior Games would begin September 1.5. He announced Country Days would be held September 24. Mayor Hunter requested a future agenda item regarding a proposed Youth Authority facility in the Specific Plan No. 8 area. 000140 Minutes of the City Council Moorpark, California Page 3 August 18, 1999 9. PUBLIC HEARINGS: A. Consider the Moorpark Highlands Specific Plan Project (Specific Plan 95 -2 /Specific Plan No. 2, General Plan Amendment No. 95 -2, and zone Change 95 -4); Mitigation Monitoring Program; Statement of Overriding_ Considerations. Applicant: Morrison- Fountainwood A oura (Continued from July 7, 1999, With Public Hearin Open.) Staff Recommendation: Continue the public hearing to consider the Specific Plan No. 2 project until September 1, 1999. AT THIS POINT in the meeting, Councilmember Wozniak left the dais due to a potential conflict of interest. The time was 7:05 p.m. Mr. Loftus gave the staff report. He suggested the item be continued to allow the Planning Commission to review the development agreement. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to continue the item to September 1, 1999. The motion carried by voice vote 4 -0, Councilmember Wozniak absent. Councilmember Wozniak returned to the dais at 7:07 p.m. B. Consider Appeal 99 -1 of Planning Commission Decision to Approve a Request to Construct (15) 6' High Cellular Antennas and a 320 sq. ft Equipment Shelter on Property Located at 13931 East Los Angeles Avenue (Assessor Parcel No. 412 -0- 160 -300) Conditional Use Permit-9-8--5. Applicant: Airtouch Cellular. (Continued from 7/21/99 with Public Hearing Open). Staff Recommendation: Direct staff as deemed appropriate. Mr. Loftus gave the staff report. In response to Councilmember Wozniak, Mr. Loftus stated there were currently no antenna sites located in residential zones within the City. John Beke, 3 Park Plaza, Irvine, representing Airtouch Cellular, discussed the proposed project and explained the proposed screening with landscaping. He stated the antennas would not affect property values. IJ 00141 Minutes of the City Council Moorpark, California Page 4 August 18, 1999 Joie Jones, 3 Park Plaza, Irvine, consultant representing Airtouch Cellular, indicated he was available to answer questions regarding health and safety concerns. In response to Councilmember Harper, Mr. Jones stated Federal and State statutes eliminated environmental and health issues for determining approval of antennae sites. He stated he was available to respond to questions and concerns by the Council and residents. In response to Councilmember Evans, Mr. Jones described the handout he provided to the Council, which addressed site specific issues and standards in place to protect the public. He indicated it was agreed upon by experts that the sites do not pose any health and safety problems. In response to Mayor Hunter, Mr. Beke discussed cellular service deficiency areas. He explained the rationale for the proposed location of the site and coverage provided by the site. He discussed the other site considered as possible antennae location in Moorpark and a San Dimas site. In response to Councilmember Harper, Mr. Beke explained why co- location with existing competitors' sites in Moorpark would not work. He stated that the water tank site near Moorpark College was too far east and the Walnut Canyon site was too high. He also explained that Air Touch Cellular was proposing to disguise the antennas by painting them an appropriate color and use of landscaping in front of and behind the poles. Councilmember Rodgers discussed the use of a pine tree design for disguising the antenna. Mr. Beke responded that the antennae would only be six feet tall; therefore, a tree design would not be appropriate. In response to Councilmember Evans, Mr. Loftus suggested the conditions established by the Planning Commission be included in the Council resolution with any additional changes, as well as a condition to be reviewed by the City Attorney, requiring dedication of the right -of -way along Los Angeles Avenue. In response to Councilmember Wozniak, Mr. Loftus stated the applicant was proposing to utilize a private driveway to access the site. He stated a condition could be incorporated requiring maintenance of the driveway. He 000,142 Minutes of the City Council Moorpark, California Page 5 Auaust 18. 1999 discussed the visibility of the building and conditions intended to minimize visibility including landscaping, decorative masonry, a flat roof for the building, and the color of the equipment. Mayor Hunter closed the public hearing. Councilmember Harper stated that he would like to see these types of antennas clustered in certain areas of the City. He suggested approving the staff recommendation and requiring more extensive camouflage by landscaping. Councilmember Wozniak concurred that clustering of sites should occur. He stated it was necessary to create an ordinance stating criteria for site locations and design. He also stated additional landscaping would be necessary to allow an antenna at the proposed location. Councilmember Rodgers indicated reluctance to locating sites in residential areas. She indicated support for clustering of sites. Mayor Hunter stated that staff should be directed to bring back a resolution on September 1, 1999, overturning the Planning Commission decision to allow the use. Councilmember Harper suggested directing staff to work with the applicant on trying to co- locate antennas. MOTION: Councilmember Wozniak moved and Councilmember Rodgers seconded a motion to direct staff to bring back a resolution overturning the Planning Commission decision to approve the CUP for the Council's September 1, 1999 meeting. The motion carried by unanimous voice vote. C. Consider Community Development Block Grant (CDBG) FY 1999/2000 - Boys and Girls Club Staff Recommendation: 1) Conduct public hearing and take public comments; and 2) Authorize the expenditure of CDBG funds from FY 1999/2000 for actual expenditures to re- stucco the Boys and Girls Club in an amount not to exceed fifty -five thousand dollars ($55,000). (ROLL CALL VOTE REQUIRED.) Mr. Nowak gave the staff report. Mayor Hunter opened the public hearing. fjC40 A3 Minutes of the City Council Moorpark, California Page 6 August 18, 1999 Don Moore and Scott Mosher, 280 Casey Road, representing the Boys and Girls Club, indicated they were available to answer any questions. Councilmember Evans thanked Mr. Moore and Mr. Mosher for their work at the Boys and Girls Club. Mayor Hunter closed the public hearing. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to authorize the expenditure of CDBG funds from FY 1999/2000 for actual expenditures to re- stucco the Boys and Girls Club in an amount not to exceed fifty -five thousand dollars ($55,000). The motion carried by unanimous roll call vote. D. Consider Commercial Planned Develo ment Permit No 98 -1 to Authorize Construction of a Private School for Pre- School through Elementary School Located on the South Side of Peach Hill Road Between Spring Road and Science Drive (Assessor Parcel No.: 512 -0- 270 -045) A licant: Three D Enterprises. Staff Recommendations: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Determine that the subsequent Environmental Impact Report prepared for the Amended Carlsberg Specific Plan which addressed impacts for institutional uses on this property adequately addresses the proposed impacts of the proposed use (Provided for by Section 15181 of the California Environmental Quality Act); and 3) Adopt Resolution No. 99 -1640 approving Commercial Planned Development No. 98 -1. Mr. Loftus gave the staff report. In response to Councilmember Harper, Mr. Loftus discussed traffic flow during peak hours, and explained that the time frame differs from that of the public school. Mayor Hunter opened the public hearing. Robert King, 15244 Magnolia Blvd., Sherman Oaks, representing Three D Enterprises /Pinecrest Schools, provided an overview of the services provided by Pinecrest Schools. He described the project and coordination efforts with Moorpark Unified School District and neighboring churches. In response to Councilmember Harper, Mr. King stated the school would serve preschool through fifth grade. He 000 '44 Minutes of the City Council Moorpark, California Page 7 August 18, 1999 discussed the possibility of expanding to middle school age. Michael Cosenza, 12065 Havencrest Street, representing Holy Cross Church, stated he was not in opposition to the project but had concerns regarding potential traffic problems. He stated they had not been consulted regarding the issues. He discussed the Holy Cross Church programs and number of students participating. He discussed concerns with safety. He suggested all parking lots on Peach Hill Road allow right turns only to reduce traffic problems. He urged the Council to take precautions and fully evaluate the traffic situation. Mr. Loftus stated a supplemental traffic study was required to be conducted. He stated 24 -hour counts were done and the City Traffic Engineer concurred with the results of the study. He discussed the Planning Commission condition requiring the traffic issue to be monitored and adjustments made accordingly by Pinecrest Schools. In response to Councilmember Wozniak, Mr. Loftus stated the study had addressed the cumulative impacts of all projected development. In response to Councilmember Harper, Mr. Lovett stated his recollection was that the intersection of Spring Road and Peach Hill Road would retain Level of Service B after construction of the proposed project. Mr. Loftus stated traffic patterns would adjust, since drivers typically chose the path of least resistance. He suggested a condition of approval requiring covers over the trash receptacles. He discussed Condition No. 64, which may not be applicable if the project is not included in the Maintenance District. In response to Mayor Hunter's question whether the applicant agreed with the three conditions discussed, Mr. King indicated they agreed to the conditions regarding trash enclosures, hours of operation and further traffic study if deemed appropriate by the Traffic Engineer. In response to Councilmember Harper, Mr. Loftus discussed Condition No. 144. He stated this was a standard condition and that staff would work with the Police Department and applicant on standard conditions that may not be applicable. Minutes of the City Council Moorpark, California Page 8 Mayor Hunter closed the public hearing. August 18, 1999 MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to determine that the subsequent Environmental Impact Report prepared for the amended Carlsberg Specific Plan which addressed impacts for institutional uses on this property adequately addresses the proposed impacts of the proposed use (Provided for by Section 15181 of the California Environmental Quality Act), and adopt Resolution No. 99 -1640 approving Commercial Planned Development No. 98 -1 as amended to incorporate revised conditions of approval. The motion carried by unanimous voice vote. E. Consider Resolution No. 99 -1641 Approving the Franchise Transfer of the Cable Communications Franchise held by Century Communications Corp. to Century -TCI California L.P. Staff Recommendation: 1) Open the public hearing and take testimony; 2) Close the public hearing and enter into discussion on the matter; and 3) Adopt Resolution No. 99 -1641 approving the franchise transfer of the cable communications franchise held by Century Communications Corp to Century -TCI California L.P. AT THIS POINT in the meeting, Councilmember Rodgers left the dais due to a potential conflict of interest. The time was 8:20 p.m. Mr. Nowak gave the staff report. Mayor Hunter opened the public hearing. Dan Deutsch, 6890 Pecan Avenue, representing TCI, indicated he was available to answer questions. Colin Higgin, Main at Water Street, Coudersport, PA, representing Adelphia, indicated. he was available to answer questions. Lee Perron, 2939 Nebraska Avenue, Santa Monica, representing Century Communications, indicated he was available to answer questions. Michael Carney, 200 E. Santa Clara, Ventura, representing Pacific Bell, stated Pacific Bell did not oppose franchise transfers or franchise renewals. He requested the City require an open network and fair competition to provide better customer service. i� '� 14 6 Minutes of the City Council Moorpark, California Page 9 August 18, 1999 In response to Councilmember Evans, Mr. Nowak stated adoption of the resolution would indicate the Council's intent that at the time of franchise renewal, open access and unbundling would be included. He stated the Municipal Code must be amended to add those requirements. Councilmember Harper indicated concurrence with Mr. Carney regarding open access. Mayor Hunter closed the public hearing. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to adopt Resolution No. 99 -1641, approving the franchise transfer of the cable communications franchise held by Century Communications Corp to Century -TCI California L.P. The motion carried by voice vote 4 -0, Councilmember Rodgers absent. F. Consider Resolution No. 99 -1642 Approving the Change of Control of the Cable Communications Franchise held by Century Communications Corp. as part of Century -TCI California L.P. within the Franchise Area formerly held by Mountain Meadows Cable Television/ Entertainment Express Ltd. Staff Recommendation: 1) Open the public hearing and take testimony; 2) Close the public hearing and enter into discussion on the matter; and 3) Adopt Resolution No. 99 -1642 approving the franchise change of control to Adelphia Communications Corporation of the cable communications franchise held by Century Communications Corp. as part of Century -TCI California L.P. within the franchise area formerly held by Mountain Meadows Cable Television /Entertainment Express Ltd. Mr. Nowak gave the staff report. Mayor Hunter opened the public hearing. Dan Deutsch, 6890 Pecan Avenue, representing TCI, indicated he was available to answer questions. Colin Higgin, Main at Water Street, Coudersport, PA, representing Adelphia, indicated he was available to answer questions. Michael Carney, 200 E. Santa Clara, Ventura, representing Pacific Bell, referred to his previous comments made under Item 9.E. Mayor Hunter closed the public hearing. 000:147 Minutes of the City Council Moorpark, California Page 10 August 18, 1999 MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to adopt Resolution No. 99 -1642, approving the franchise change of control to Adelphia Communications Corporation of the cable communications franchise held by Century Communications Corp. as part of Century -TCI California L.P. within the franchise area formerly held by Mountain Meadows Cable Television /Entertainment Express Ltd. The motion carried by voice vote 4 -0, Councilmember Rodgers absent. Councilmember Rodgers returned to the dais at 8:35 p.m. G. Consider Resolution No. 99 -1643 Approving the Change of Control of the Cable Communications Franchise held by Century Communications Corp. as part of Century -TCI California L.P. within the Franchise Area formerly held by TCI Cablevision of California, Inc. Staff Recommendation: 1) Open the public hearing and take testimony; 2) Close the public hearing and enter into discussion on the matter; and 3) Adopt Resolution No. 99- 1643 approving the franchise change of control to Adelphia Communications Corporation of the cable communications franchise held by Century Communications Corp. as part of Century -TCI California L.P. within the franchise area formerly held by TCI Cablevision of California Inc. Mr. Nowak gave the staff report. Mayor Hunter opened the public hearing. Dan Deutsch, 6890 Pecan Avenue, representing TCI, indicated he was available to answer questions. Colin Higgin, Main at Water Street, Coudersport, PA, representing Adelphia, indicated he was available to answer questions. Michael Carney, 200 E. Santa Clara, Ventura, representing Pacific Bell, referred to his previous comments made under Item 9.E. Mayor Hunter closed the public hearing. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to adopt Resolution No. 99 -1643, approving the franchise change of control to Adelphia Communications Corporation of the cable communications franchise held by 0 00048 Minutes of the City Council Moorpark, California Page 11 August 18, 1999 Century Communications Corp. as part of Century -TCI California L.P. within the franchise area formerly held by TCI Cablevision of California Inc. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, a recess was declared. The time was 8:38 p.m. The Council reconvened at 8:59 p.m. with all Councilmembers present. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Request from Moorpark Packer Football Reaardina Practice Field Lights. (Continued from July 7, 1999.) Staff Recommendation: Direct staff as deemed appropriate. Ms. Lindley gave the staff report. Douglas Shoop, 6654 N. Berkley Circle, representing Moorpark Packers Youth Football, discussed the history of their practice facility and provided background on the light issue. He stated the lights would be off by 7:30 p.m. He explained their proposal for the lights including burying the lines and reducing noise pollution. Bill Moellering, 4492 Cedarglen Court, stated he had concerns regarding light spillage and that he appreciated the 7:30 p.m. curfew. In response to Mayor Hunter, Mr. Shoop explained that the light spillage would be more directional than the current lights. He explained the reason for the specific location of the lights and having lights on each side of the field. He agreed that the lights could be relocated to avoid shining into neighboring yards. Councilmember Harper suggested the lights be tested by directing staff to set up a demonstration to allow neighbors to view the lights and allow staff to make a determination based on comments. Mayor Hunter stated that was a reasonable request and asked that Mr. Moellering be notified of the demonstration. Ms. Lindley discussed the feasibility of conducting the demonstration using existing power sources. CONSENSUS: By consensus, the Council directed staff to arrange for a test demonstration of the requested practice field lights, with staff to approve or deny the request based Minutes of the City Council Moorpark, California Page 12 August 18, 1999 on whether glare impacts are found to be adverse for adjacent residential properties. In response to Councilmember Evans, Ms. Lindley explained that the staff recommendation to decline the loan to Packer Football was based on their indication that it was no longer needed. B. Consider Appointment to the Area Housing Authority of the County of Ventura. Staff Recommendation: Appoint one Commissioner to the Area Housing Authority for a four - year term to expire August 2003. Ms. Traffenstedt gave the staff report. MOTION: Mayor Hunter moved and Councilmember Evans seconded a motion to appoint Herbert Morrison as a Commissioner to the Area Housing Authority for a four -year term to expire August 2003. The motion carried by unanimous voice vote. C. Consider Request from Carlsberg for Early Construction of the Park in the Carlsberg Specific Plan. Staff Recommendation: 1) Approve Carlsberg's request to amend the Settlement Agreement allowing them to proceed with the construction of the park in the Carlsberg Specific Plan; and 2) Confirm that the developer shall assume the cost of fully maintaining the improved park, under City Administration, through the occupancy of the 227th dwelling unit, at which time the City will be asked to formally accept the park; and 3) Confirm that developer, as specified in the Settlement Agreement, will continue to assume maintenance cost for the park, under City Administration, for one full year after the City's acceptance. Ms. Lindley gave the staff report. In response to Mayor Hunter, Ms. Lindley stated the City would want to monitor and ensure the maintenance of the park was consistent with City standards. Lloyd Laycook, 1850 Gammon Court, Thousand Oaks, representing Lennar Communities, indicated concurrence with the staff report recommendation. Mr. Kueny stated, to maintain consistency, the City would collect fees to cover maintenance costs, with the water meter remaining in the applicant's name. He suggested 000150 Minutes of the City Council Moorpark, California Page 13 August 18, 1999 "consistent with City standards" be added, and that the City administer the contract. MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to: 1) Approve Carlsberg's request to amend the Settlement Agreement allowing them to proceed with the construction of the park in the Carlsberg Specific Plan; and 2) Confirm that the developer shall assume the cost of fully maintaining the improved park consistent with City standards and under City administration of the contract, through the occupancy of the 227th dwelling unit, at which time the City will be asked to formally accept the park; and 3) Confirm that developer, as specified in the Settlement Agreement, will continue to assume maintenance cost for the park, under City Administration, for one full year after the City's acceptance. The motion carried by unanimous voice vote. D. Consider Conceptual Master Plan for Arroyo Vista Community Park (AVCP) Phase II. Staff Recommendation: The Parks and Recreation Commission and staff recommend that the City Council approve the conceptual Master Plan for AVCP Phase II as presented in this Agenda Report. Ms. Lindley gave the staff report. David Brown, representing the City as the landscape architect consultant, described the conceptual Master Plan. Roseann Mikos, 14371 E. Cambridge Street, expressed concern that the park was now planned to be all active recreation. She stated the original plan included a lake and passive area, which was deleted. Eloise Brown, 13193 Annette Street, concurred that the lake and passive area should be included. In response to Mayor Hunter, Mr. Brown stated the jogging trail would loop the entire park. Councilmember Rodgers indicated concern that the park plan was driven by youth sports. She suggested a lawn bowling and horseshoe area be incorporated. Councilmember Harper concurred that passive use areas needed to be included. Councilmember Evans stated he believed the plan was appropriate for this park. He stated other parks such as Minutes of the City Council Moorpark, California Page 14 August 18, 1999 Poindexter Park could be used for the senior needs and that the City could not afford a lake due to maintenance costs. He stated the plan does not prevent future remodeling. He stated his only concern was that the new proposed parking area extended too close to neighboring homes. In response to Councilmember Evans, Mr. Kueny stated the proposal by Edison for its adjacent land would be on a subsequent agenda. Councilmember Wozniak discussed the changes to the Master Plan over the years. He stated the plan allowed flexibility for changes in the future. He stated Poindexter Park was more appropriate for senior activities. Mayor Hunter stated the plan was a good base document and that youth sports needs more space. He supported the proposed north -south parking lot but agreed that it extends too close to the residential area. He recommended the Council continue working on the plan in a workshop setting. He stated it would cost nearly $5 million to implement the plan as proposed. Councilmember Harper concurred with the suggestion for a workshop. He discussed funding provided to the City through development agreements, of which a portion should be allocated to senior needs. CONSENSUS: By consensus, the Council directed staff to schedule a joint meeting with the Parks and Recreation Commission at some future time to discuss the conceptual Master Plan. E. Consider Approval in Concept of a Proposed Site for New Fire Station in the Campus Park Area. Staff Recommendation: Approve in concept the location of a proposed fire station at Campus View Avenue, including use of a portion of Paul E. Griffin Park. Mr. Nowak gave the staff report. In response to Councilmember Harper, Mr. Nowak stated the intent was to donate the land to the Fire Department. He discussed notification that would be provided to residents prior to action being taken. Minutes of the City Council Moorpark, California Page 15 August 18, 1999 Gerald Goldstein, 11932 Los Angeles Avenue, asked why the Mountain Meadows Fire Station is closed. Mayor Hunter recommended the Council move forward on the matter. CONSENSUS: By consensus, the Council approved, in concept, the location of a proposed fire station at Campus View Avenue, including use of a portion of Paul E. Griffin Park. F. Consider Resolution No. 99- Rescinding Resolution No. 97 -1287 and Approving Prima Facie Speed Limits for Certain Street Segments and Approving the Posting of Speed Limit Signs on Said Streets. Staff Recommendations: 1) Approve the Traffic Speed Zone Survey and Engineering Study dated July 1999; and 2) Adopt Resolution No. 99- Rescinding Resolution No. 97 -1287 and Approving Prima Facie Speed Limits for Certain Street Segments and approving the Posting of Speed Limit Signs on Said Streets. Mr. Gilbert gave the staff report. Mayor Hunter summarized the speed limits to be reduced and increased. He suggested publicizing the changed speed limits. In response to Councilmember Evans, Mr. Gilbert explained that accident rates and conditions not readily apparent to the driver resulted in posted speeds being 5 miles per hour (mph) less than 85th percentile. He explained the benefit of having all of Tierra Rejada Road posted for 45 mph. He stated the speed limit on Mountain Trail Street was recommended to be lowered due to the accident rate being four times higher than average. Mayor Hunter indicated support for reducing the speed on Mountain Trail Street. Councilmember Rodgers stated 35 mph is too slow for Science Drive. She suggested changing the speed limit to 45 mph. Mr. Gilbert stated 40 mph was being recommended. He suggested the Council receive input from the Traffic Engineer prior to increasing the speed limit to 45 mph. Mr. Kueny stated the item could be deferred to receive input from Traffic Engineer. 00015-3 Minutes of the City Council Moorpark, California Page 16 August 18, 1999 CONSENSUS: By consensus, the Council continued Item 10.F. to September 15, 1999. G. Consider Installation of Class 2 Bike Lanes on High Street. Staff Recommendation: Direct staff to proceed with the installation of Class 2 Bike Lanes on High Street. Mr. Gilbert gave the staff report. Councilmember Harper stated bike lanes would be compatible with the Downtown area. MOTION: Councilmember Harper moved and Mayor Hunter seconded a motion to direct staff to proceed with the installation of Class 2 Bike Lanes on High Street. The motion carried by unanimous voice vote. H. Consider Reconsideration of the Vote to Adopt Resolution No. 99 -1637 and Adopt Revised Resolution Directing the Planning Commission to Set a Public Hearing and Provide a Recommendation on General Plan and Zoning Amendments Necessary to Implement Provisions of Voter Approved Measure "S" upon all Lands Within the Boundaries of Specific Plan No. 8, Hidden Creek Ranch. Staff Recommendation: 1) Consider reconsideration of the vote to adopt City Council Resolution No. 99 -1637; and 2) Leave Resolution No. 99 -1637 in place. AT THIS POINT in the meeting, Councilmember Rodgers left the dais due to a potential conflict of interest. The time was 10:10 P.M. Mr. Loftus gave the staff report. CONSENSUS: By consensus, the Council determined to take no dCL1 oil . I. Consider Action to Rescind Ordinance No. 244 Adoptin Specific Plan No. 8 Zoning Designation for Properties Within the Hidden Creek Ranch Specific Plan, (Specific Plan 93 -1) including Development Standards for Said Properties. Staff Recommendation: Direct staff as deemed appropriate. Mr. Loftus gave the staff report. In response to Mayor Hunter, Mr. Pierik stated that adoption of a new zoning ordinance, revising the zoning _ R - Minutes of the City Council Moorpark, California Page 17 August 18, 1999 previously adopted by Ordinance No. 244, requires a public hearing before both the Planning Commission and City Council. In response to Councilmember Harper, Mr. Pierik explained the court ruling regarding the annexation of Specific Plan No. 8. He stated it was a tentative ruling, which would not be final until the appeal process was exhausted. In response to Councilmember Harper, Mr. Loftus stated if the Council rescinded Ordinance No. 244, the property would need to be rezoned consistent with the current land use designation. Councilmember Harper suggested adopting two ordinances, one to rescind Ordinance No. 244 and one to replace the zoning. In response to Mayor Hunter, Mr. Loftus stated the property would revert to County zoning and land use if the annexation was reversed. In response to Mayor Hunter, Mr. Pierik concurred with Mr. Loftus. Councilmember Harper stated the Council could move forward, rescind Ordinance No. 244, place new zoning on the property pending the final outcome of the litigation, in which case the second ordinance would stand or the land would revert to the County and the original County zoning would go back onto the property. Richard Francis, 711 South "A" Street, Oxnard, stated staff had been directed to deal with Ordinance No. 244 separately from the other issues. He stated it was necessary to implement the Save our Open Space and Agricultural Resources (SOAR) ordinance. He stated Ordinance No. 244 should be rescinded. In response to Councilmember Evans, Mr. Francis confirmed that SOAR has been challenged in court. Roseann Mikos, 14371 E. Cambridge Street, concurred with Mr. Francis' comments. She stated Ordinance No. 244 needed to be rescinded. Councilmember Evans stated he wants to protect the taxpayers that are paying the legal bills. He stated he 000155 Minutes of the City Council Moorpark, California Page 18 August 18, 1999 supported rescinding the Ordinance, but that there was a need to avoid the risk of further litigation. In response to Councilmember Evans, Mr. Pierik stated it was not necessary to take action to rescind Ordinance No. 244, since the Council had already adopted a resolution asking the Planning Commission to study revising the land use designation and zoning for the property. Mayor Hunter stated the public is entitled to evidence that the Council is complying with SOAR. He stated repealing Ordinance No. 244 would provide that evidence. Councilmember Wozniak discussed the process necessary to repeal the ordinance. In response to Councilmember Harper, Mr. Pierik stated a requirement of due process was to conduct Planning Commission and City Council public hearings on rescinding the ordinance. In response to Mayor Hunter, Mr. Pierik explained that the matter should be referred to the Planning Commission for rescinding Ordinance No. 244 and adoption of new zoning for the site. Mayor Hunter stated the Housing Element and OSCAR Element were not in conformance prior to adoption of Ordinance No. 244 and Measure S. In response to Councilmember Harper, Mr. Kueny explained that the Planning Commission makes recommendations on all zoning ordinances with the Council enacting the ordinances. In response to Mr. Kueny, Mr. Loftus explained that to implement SOAR, several General Plan Elements must be modified and a new zone district must be created. MOTION: Councilmember Harper moved and Mayor Hunter seconded a motion to direct staff to bring back a resolution to direct the Planning Commission to consider an ordinance to rescind Ordinance No. 244 and an ordinance to zone the Specific Plan No. 8 site consistent with SOAR. The motion carried by voice vote 4 -0, Councilmember Rodgers absent. CONSENSUS: By consensus, the Council determined to continue the agenda in order following a recess. (100-11.5b b Minutes of the City Council Moorpark, California Page 19 August 18, 1999 AT THIS POINT in the meeting, a recess was declared. The time was 10:49 p.m. The Council reconvened at 11:07 p.m. with all Councilmembers present. Mayor Hunter indicated it was necessary to revisit Item No. 10.I. I. Consider Action to Rescind Ordinance No. 244 Adopting Specific Plan No. 8 Zoning Designation for Properties Within the Hidden Creek Ranch Specific Plan, (Specific Plan 93 -1) including Development Standards for Said Properties. Staff Recommendation: Direct staff as deemed appropriate. Mayor Hunter indicated Councilmember Rodgers had returned to the dais but would not participate in any discussion or action. MOTION: Councilmember Harper moved and Mayor Hunter seconded a motion to reconsider the Council's action on Item 10.I. The motion carried by voice vote 4 -0, Councilmember Rodgers absent. Mr. Kueny stated it was necessary to adopt a resolution to direct the Planning Commission to study rescinding Ordinance No. 244. He explained the chronology of the events to occur and that the earliest regular Planning Commission date was September 24. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to direct staff to draft a resolution for a special City Council meeting on September 8, 1999, directing the Planning Commission to consider an ordinance to rescind Ordinance No. 244 and an ordinance to zone the Specific Plan No. 8 site consistent with SOAR. POINT OF ORDER: Councilmember Harper asked if an action needed to be taken on the previous action of the Council. Mr. Pierik responded that the prior action should be rescinded. Mayor Hunter withdrew his motion. MOTION: Councilmember Harper moved and Mayor Hunter seconded a motion to rescind the Council's prior action on Item 10.I. The motion carried by voice vote 4 -0, Councilmember Rodgers absent. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to direct staff to prepare a resolution, including 4 ') 0 5? Minutes of the City Council Moorpark, California Page 20 August 18, 1999 the wording recommended by Ms. Mikos, directing the Planning Commission to study rescinding Ordinance No. 244 and adopting new zoning for Specific Plan No. 8 site that is consistent with Measure S (SOAR) and to bring back the draft resolution at a special meeting on September 8, 1999. In response to Councilmember Evans, Mr. Loftus explained the recommendation by the City Attorney that the language proposed by Ms. Mikos should not be included. AMENDMENT: Mayor Hunter amended the motion to exclude reference to inclusion of language proposed by Ms. Mikos. Councilmember Harper accepted the amendment. The motion carried by voice vote 4 -0, Councilmember Rodgers absent. J. Consider Minor Modification No. 1 to Planned Development Permit No. 1061 Request for Conversion of 3,000 Square Feet of Warehouse to Retail Space at an Existing Building Located at 31 Poindexter Avenue. (Applicant: Kahoots Feed and Supply). Staff Recommendation: Adopt Resolution No. 99 -1644 conditionally approving Minor Modification No. 1 to Planned Development Permit No. 1061 for conversion of 3,000 sq. ft. of floor area from warehouse to retail use. Mr. Loftus gave the staff report. Michael J. Bittinger, P.O. Box 2123, Ramona, Kahoots Feed and Supply, requested that the Council approve the staff recommendation. MOTION: Councilmember Harper moved and Mayor Hunter seconded a motion to adopt Resolution No. 99 -1644, conditionally approving Minor Modification No. 1 to Planned Development Permit No. 1061 for conversion of 3,000 sq. ft. of floor area from warehouse to retail use. The motion carried by unanimous voice vote. K. Consider Proposed Development Agreement for Specific Plan No.. 2 (Moorpark-Highlands/Morrison - Fountainwood - Agoura). Staff Recommendation: Direct Planning Commission to Consider Proposed Development Agreement and set City Council Public Hearing for September 15, 1999. Councilmember Wozniak indicated he would not participate for this item due to a potential conflict of interest. Mr. Kueny gave the staff report. (300 -.58 Minutes of the City Council Moorpark, California Page 21 August 18, 1999 Michael Greynald, 711 Daily Drive, Camarillo, Morrison Fountainwood Agoura, indicated they were in agreement with the provisions and urged Council to move forward. MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to direct the Planning Commission to consider the proposed Development Agreement and set the City Council Public Hearing for September 15, 1999. The motion carried by voice vote 4 -0, Councilmember Wozniak absent. L. Consider Report on Options for Processing a Comprehensive General Plan and Zoning Code Work Program. Staff Recommendation: Direct staff as deemed appropriate. CONSENSUS: By consensus, the Council continued Item 10.L. to September 15, 1999. 11. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to approve the Consent Calendar with the exception of Item No. 11.A., May 5 Special Meeting Minutes, and Item No. 11.5. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular City Council Meetinq of March 17, 1999. Consider Approval of Minutes of Regular City Council Meetinq of May 19, 1999. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of Warrant Register-August 4, 1999. Fiscal Year 1998/99 Manual Warrants 44076 - 45148 $(490.00) Regular Warrants 45188 - 45196 - D $ 39,125.15 45197 - 45232 - V $114,149.15 Staff Recommendation: Approve the Warrant Register. C. Consider Approval of Warrant Reqister - Auqust 4, 1999. Fiscal Year 1999/00 Manual Warrants 100007 & $10,089.89 100033 - 100038 Minutes of the City Council Moorpark, California Page 22 August 18, 1999 Voided Warrants 100053 - 100124 & $0.00 (Printing Problem) 100188 Regular Warrants 100039 - 100052 & - V $924,788.97 100125 - 100197 Staff Recommendation: Approve the Warrant Register. D. Consider Approval of Warrant Register- August 18, 1999. Fiscal Year 1998/99 Voided Warrant 45059 $(240.00) Regular Warrant 45233 - 45254 $419,887.83 Staff Recommendation: Approve the Warrant Register. E. Consider Approval of Warrant Register- August 18, 1999. Fiscal Year 1999/00 Manual Warrants 100198 - 100202 $17,550.23 Voided Warrant 100008 $(160.00) Regular Warrants 100208 - 100294 - V $260,805.88 Staff Recommendation: Approve the Warrant Register. F. Consider Approval of Final Map Tract 4980 (Lennar Homes /Western Pacific Housing). Staff Recommendation: 1) Approve the Final Map for Tract 4980 along with the Agreement for Construction of Subdivision Improvements and Reimbursement between the City and Western Pacific Housing and approve the Amended Early Grading Agreement between the City and Lennar Homes of California, Inc., subject to the review and approval of said agreements as to format and content by the City Manager and City Attorney and the CC &R's to be approved by the Director of Community Development and City Attorney; and 2) Authorize the Mayor and City Clerk to sign the Final Map Title Sheet, Agreement for Construction of Subdivision Improvements and Reimbursement, Amended Early Grading Agreement for Tract 4980 and, the Release of Covenant Agreement, subject to the requirements of No. 1 above; and 3) Direct the City Clerk to record the Final Map for o 00160 Minutes of the City Council Moorpark, California Page 23 August 18, 1999 Tract 4980, the Agreement for Construction of Subdivision Improvements and Reimbursements, Amended Early Grading Agreement and the Release of Covenant and Agreement, subject to the requirements of No. 1 above. G. Consider Request by Roam'n Relics Car Show to Hold Event on October 24, 1999 and to Reduce City Fees. Staff Recommendation: 1) Charge Roam'n Relics Car Club for police direct costs as charged to the City by the County of Ventura, charge the direct costs for staff time to plan the event, and not charge for the use of the Redevelopment Agency's property; and 2) Require payment of encroachment permit fees ($40.00) and Temporary Use Permit ($88.00) fees; and 3) Require the Roam'n Relics Car Club to provide the City and Agency an indemnification /hold harmless agreement and name the City and Agency as additional insured on its insurance policy. H. Consider a Reorganization of the Finance Division. Staff Recommendation: 1) Approve the addition of an Account Technician II position in the Finance Division; and 2) Authorize the City Manager to fill any vacancy in the Finance Division with either an Account Clerk I or an Account Clerk II position. I. Consider Resolution No. 99 -1645 Rescindina Resolution No. 93 -989 Designating Certain Streets as Class II Bike Lanes and Adopting a Revised List of Streets to be so Designated. Staff Recommendation: Adopt Resolution No. 99 -1645 rescinding Resolution No. 93 -989 designating certain streets as Class II Bike Lanes and adopting a revised list of streets to be so designated. J. Consider Resolution Rescinding Resolution Nos. 85 -175 and 93 -942 Pertaining to Parking Restrictions on Casey Road and Establishing Revised Parking Restrictions on Said Street. Staff Recommendation: Adopt Resolution No. 99 -1646 rescinding Resolution Nos. 85 -176 and 93 -942 pertaining to parking restrictions on Casey Road and establishing revised parking restrictions on said street. K. Consider Approval of the Plans and Specifications for the 1999 Miscellaneous Curb, Gutter & Sidewalk Repair Project and Authorization to Advertise for Receipt of Bids for the Said Work. Staff Recommendation: 1) Direct staff to revise the plans to include the areas described in Section C of the staff report; 2) Approve the plans and specifications for the subject project, with the above - referenced change; and 3) Authorize staff to advertise for receipt of bids Minutes of the City Council Moorpark, California Page 24 August 18, 1999 upon receipt of the authorization to proceed from Caltrans. L. Consider Resolution No. 99 -1647 Amending the FY 1999/2000 Budget to Add a Project for the Construction of Pavement Rehabilitation and Related Work on Los Angeles Avenue Between Spring Road and the Route 118 Freeway. Staff Recommendation: 1) Adopt Resolution No. 99 -1647 amending the FY 1999/00 Budget to fund the subject project; and 2) Direct staff to proceed with the design for both Phase 1 and Phase 2 improvements, as described in the staff report. (ROLL CALL VOTE REQUIRED.) M. Consider Approval of the Plans and Specifications for the Poindexter Avenue Widening Project and Authorization to Advertise for Receipt of Bids for the Said Work. Staff Recommendation: 1) Approve the plans and specifications and authorize staff to advertise for receipt of bids upon receipt of the authorization to proceed from Caltrans; and 2) Direct staff to make provisions for the future westerly extension of the parkway landscaping on Poindexter Avenue-at Sierra Avenue. N. Consider an Extension of the Franchise Renewal Application Filing Period. Staff Recommendation: Approve an extension of the filing deadline for cable television franchise renewal applications to September 1, 1999. O. Consider Authorizinq Citv Manager to Approve a Two -Year Contract with Videomax Productions, Inc., for Provision of Cable Government Channel Production, Operations, Maintenance, and Related Services. Staff Recommendation: Direct City Manager to approve a new two -year agreement with Videomax Productions, Inc., not to exceed the increase discussed in the staff report. P. Consider Request From Kiwanis of Moorpark to Waive Park Rental Fees for Softball Tournament. Staff Recommendation: Approve the request from the Kiwanis of Moorpark to waive park rental fees associated with their Girls Softball Tournament, provided that they pay any direct costs incurred by the City, and grant permission to operate temporary concession stands. Q. Consider Budqet Amendment for Campus Canvon Park. Staff Recommendation: Staff and the Parks and Recreation Commission recommend that the City Council 1) Approve the replacement of the wrought iron fence using the upgraded specification; 2) Adopt Resolution No. 99 -1648, amending 000.162 Minutes of the City Council Moorpark, California Page 25 August 18, 1999 the FY 1999/00 Budget by appropriating $20,000 from the Park Improvement Fund Balance for Zone 3 (2103); and 3) Authorize the City Manager to sign an agreement with Pederson Fence Company to perform the work. (ROLL CALL VOTE REQUIRED). R. Consider Budget Amendment for Villa Campesina Park. Staff Recommendation: Staff and the Parks and Recreation Commission recommend that the City Council approve the purchase of two concrete picnic tables for Villa Campesina Park, and adopt Resolution No. 99 -1649 which amends the FY 1999/00 Budget by appropriating $2,000 from Assessment District 84 -2 (Zone 12). (ROLL CALL VOTE REQUIRED). The following items were pulled from the Consent Calendar for individual consideration: A. Consider Approval of Minutes of Special City Council Meeting of Mav 5, 1999. Staff Recommendation: Approve the minutes as processed. Councilmember Rodgers stated she was not present at the meeting and wished to abstain from voting. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to adopt the minutes of the May 5, 1999 Special City Council meeting as presented. The motion carried by voice vote 4 -0, Councilmember Rodgers abstaining. S. Consider Adoption of Resolution No. 99 -1650 Amendina the City's Classification Plan by Revising Various Job Descriptions and Rescinding Resolution No. 99 -1619. Staff Recommendation: Adopt Resolution No. 99 -1650 establishing a Revised Classification Plan and Job Descriptions for Non - Competitive and Competitive Service Employees and Rescinding Resolution No. 99 -1619 (the final resolution will include the entire Classification Plan). Ms. Traffenstedt stated the correction being recommended was to implement changes requested by the employees union. She referenced a letter that had been provided to the Council. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to adopt Resolution No. 99 -1650, as amended, establishing a Revised Classification Plan and Job Descriptions for Non - Competitive and Competitive Service 000:16.3 Minutes of the City Council Moorpark, California Page 26 August 18, 1999 Employees and Rescinding Resolution No. 99 -1619. The motion carried by unanimous voice vote. 12. ORDINANCES: None. 13. CLOSED SESSION: None was held. Mr. Kueny requested the Council reconsider Item No. 10.L. to change the date for the continuance to October 6. MOTION: Councilmember Harper moved and Mayor Hunter seconded a motion to reconsider Item No. 10.L. The motion carried by unanimous voice vote. MOTION: Councilmember Harper moved and Mayor Hunter seconded a motion to rescind prior action on Item No. 10.L. The motion carried by unanimous voice vote. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to continue Item No. 10.L. to October 6, 1999. The motion carried by unanimous voice vote. 14. ADJOURNMENT: MOTION: Councilmember Evans moved and Mayor Hunter seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 11:25 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 0001G4 MINUTES OF THE CITY COUNCIL Moorpark, California October 20, 1999 A Special Meeting of the City Council of the City of Moorpark was held on October 20, 1999, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:15 p.m. 2. ROLL CALL: Present: Councilmembers Evans, Harper, Rodgers, and Wozniak Mayor Hunter arrived at 6:19 p.m. Staff Present: Steven Kueny, City Manager; John Nowak, Assistant City Manager; and Mary Lindley, Director of Community Services 3. PUBLIC COMMENT: None. 4. CLOSED SESSION: Mr. Kueny announced that Items 4.J. and 4.K. on the agenda were to be discussed in closed session. MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to adjourn to closed session for a discussion of Items 4.J. and 4.K. on the agenda. The motion carried by unanimous voice vote. The time was 6:16 p.m. A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) 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 Paae 2 October 20, 1999 C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO21825) D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO22256) E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, LTD. vs. City of Moorpark (Case No. SCO23052) F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, LTD., a limited partnership vs. City of Moorpark (Case No. SCO21503) G. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, a limited partnership, dba Villa Del Arroyo Mobilehome Park vs. City of Moorpark, California Department of Transportation, and Ventura County Flood Control District (Case No. SC 022015) H. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Hidden Creek Ranch, LP, a California Limited Partnership vs. The City of Moorpark and to Real Parties in Interest: Clint Harper, Roseann Mikos, Andrew Prokopow, and Committee to Qualify Hidden Creek Referendum Controlled by Clint Harper and Roseann Mikos (Case No. SCO21959) I. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Hidden Creek Ranch, LP, a California Limited Partnership and Messenger Investment Company, Inc., a California Corporation vs. The City of Moorpark and City Council of the City of Moorpark (Case No. SCO23388) 0001-12-66 Minutes of the City Council Moorpark, California Page 3 October 20, 1999 J. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: Arroyo Vista Community Park, 4550 Tierra Rejada Road, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark, Southern California Edison, and Performance Nursery Under Negotiation: Price and terms of payment K. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: 798 Moorpark Avenue, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Laszlo B. Kovacs Under Negotiation: Price and terms of payment Property: 285 High Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Randall - Tracy Marsh Under Negotiation: Price and terms of payment Property: 297 High Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Randall - Tracy E. Marsh Under Negotiation: Price and terms of payment Property: 661 Magnolia Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Estella Betancourt Under Negotiation: Price and terms of payment Present in closed session were all Councilmembers, with Mayor Hunter arriving at 6:19 p.m. Also present in closed session were Steven Kueny, City Manager; John Nowak, Assistant City Manager; and Mary Lindley, Director of Community Services. The Council reconvened into open session at 6:28 p.m. Mr. Kueny announced that Items 4.J. and 4.K. were discussed in closed session and that there was no action to report. Minutes of the City Council Moorpark, California Paae 4 October 20, 1999 5. ADJOURNMENT: MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 6:29 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 000168 MINUTES OF THE CITY COUNCIL Moorpark, California November 3, 1999 A Special Meeting of the City Council of the City of Moorpark was held on November 3, 1999, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:21 p.m. 2. ROLL CALL: Present: Councilmembers Evans, Harper, Rodgers, Wozniak, and Mayor Hunter Staff Present: Steven Kueny, City Manager; Cheryl Kane, City Attorney; and John Nowak, Assistant City Manager 3. PUBLIC COMMENT: None. 4. CLOSED SESSION: Mr. Kueny announced that Items 4.F. and 4.G. on the agenda were to be discussed in closed session. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adjourn to closed session for a discussion of Items 4.F. and 4.G. on the agenda. The motion carried by unanimous voice vote. The time was 6:22 p.m. A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) 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 2 November 3, 1999 C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO21825) D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO22256) E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, LTD. vs. City of Moorpark (Case No. SCO23052) F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, LTD., a limited partnership vs. City of Moorpark (Case No. SCO21503) G. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, a limited partnership, dba Villa Del Arroyo Mobilehome Park vs. City of Moorpark, California Department of Transportation, and Ventura County Flood Control District (Case No. SC 022015) H. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Hidden Creek Ranch, LP, a California Limited Partnership vs. The City of Moorpark and to Real Parties in Interest: Clint Harper, Roseann Mikos, Andrew Prokopow, and Committee to Qualify Hidden Creek Referendum Controlled by Clint Harper and Roseann Mikos (Case No. SCO21959) I. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Hidden Creek Ranch, LP, a California Limited Partnership and Messenger Investment Company, Inc., a California Corporation vs. The City of Moorpark and City Council of the City of Moorpark (Case No. SCO23388) Minutes of the City Council Moorpark, California Paae 3 November 3, 1999 J. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: Arroyo Vista Community Park, 4550 Tierra Rejada Road, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark, Southern California Edison, and Performance Nursery Under Negotiation: Price and terms of payment K. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: 798 Moorpark Avenue, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Laszlo B. Kovacs Under Negotiation: Price and terms of payment Property: 285 High Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Randall - Tracy Marsh Under Negotiation: Price and terms of payment Property: 297 High Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Randall - Tracy E. Marsh Under Negotiation: Price and terms of payment Property: 661 Magnolia Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Estella Betancourt Under Negotiation: Price and terms of payment Present in closed session were all Councilmembers; Steven Kueny, City Manager; Cheryl Kane, City Attorney; and John Nowak, Assistant City Manager. The Council reconvened Kane reported that by Council approved the cases listed as Items Attorney's approval of Arroyo Mobilehome Park document. into open session at 6:43 p.m. Ms. a unanimous voice vote the City stipulation for dismissal for the 4.F. and 4.G., subject to the City final language and the Villa Del owner having signed the stipulation 000171 Minutes of the City Council Moorpark, California Page 4 November 3, 1999 5. ADJOURNMENT: Mayor Hunter adjourned the meeting at 6:44 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 00`1172 MINUTES OF THE CITY COUNCIL Moorpark, California November 3, 1999 A Regular Meeting of the City Council of the City of Moorpark was held on November 3, 1999 in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:51 p.m. 2. INVOCATION: Pastor Errol Hale, Shiloh Community Church, led the invocation. 3. PLEDGE OF ALLEGIANCE: Moorpark Cub Scout Pack 3605 did a presentation of colors and led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Evans, Harper, Rodgers, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; John Nowak, Assistant City Manager; Cheryl Kane, City Attorney; Wayne Loftus, Director of Community Development; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Dirk Lovett, Assistant City Engineer; Captain Mike Lewis, Sheriff's Department; Deborah Traffenstedt, City Clerk; and La -Dell VanDeren, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Introduce New City Employees, Mike Mathews and Kim Chudoba, Senior Management Analysts. Mayor Hunter introduced the new City employees. B. Introduce New Moorpark Deputy Sheriff, Juan Ponce. Mayor Hunter introduced Moorpark Deputy Sheriff, Juan, Ponce, as the new Moorpark High School Resource Officer. 0 0 01- 1 i 3 Minutes of the City Council Moorpark, California Page 2 November 3, 1999 C. Presentation of Neighborhood Night Out Project Award to Buttercreek I HOA. Mayor Hunter presented the award to Gary Lowenberg, President of the Buttercreek I Homeowners Association (HOA). 6. PUBLIC COMMENT: Ron LaGuardia, 443 Pine Ridge Court, President of the Moorpark Rotary, introduced Steve Sills, who presented a check for $10,000 to Mayor Hunter as the Rotary Club's donation towards the Moorpark High School Resource Officer funding. Mayor Hunter accepted the check and thanked the Rotary Club for its donation. Gerald Goldstein, 11932 Los Angeles Avenue, commented on the need for Southern California Edison Company to provide backup generator services in case of power outages. June Dubreuil, 4236 Laurel Glen Drive, Parks and Recreation Commissioner suggested that the City collaborate with the Moorpark Rotary to obtain a Welcome to Moorpark entry sign. She also stated that the Parks and Recreation Commission supported a July 3, 2000 fireworks event and suggested that volunteers be sought to keep the cost low. Linda Kline, 4305 Cloverdale Street, stated that she lives adjacent to the Edison easement in the Peach Hill area and that she has never had any problems with Performance Nursery. She also stated that the nursery is an appropriate use for the property. Patty McWaters, 505 Poli Street, Ventura, consultant to County Childcare Council, spoke in support of planning for childcare and informed the Council of a workshop planned for December 9 on the Future of Childcare. In response to Councilmember Evans, she stated that a needs assessment will be sent out in the next few weeks that will show the childcare needs for Moorpark. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.) None. Minutes of the City Council Moorpark, California Page 3 November 3, 1999 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter announced that a survey had been mailed to everyone in the City this week regarding current and future cable television services, and he requested that residents and business owners complete the survey and mail it back to the City by November 19. 9. PUBLIC HEARINGS: A. Consider Residential Planned Development Permit 99 -1 and Tentative Tract 5181 to Permit Development of Eight (8) Single Family Homes, and to Create Eight (8) Residential Lots on the East Side of Bard Street and West Side of Millard Street, Adjacent to Flory School on the Application of Manual Asadurian (Assessor Parcel No. 512- 0- 131 -070). (CONTINUED OPEN PUBLIC HEARING FROM OCTOBER 6, 1999.) Staff Recommendation: Continue Residential Planned Development 99 -1 and Tentative Tract Map No. 5181 to December 1, 1999. Mr. Loftus gave the staff report. He stated that the applicant requested a continuance to December 1. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no public speakers. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to continue the open public hearing for Residential Planned Development 99 -1 and Tentative Tract Map No. 5181 to December 1, 1999. The motion carried by unanimous voice vote. B. Consider the Tax Equity Fiscal Responsibility Act ( TEFRA) Hearing Related to the Villa Del Arroyo Mobilehome Park. Staff Recommendations: (1) Open the public hearing and take testimony from the public; (2) Close the public hearing; and (3) Approve a motion that the TEFRA requirement of the IRS has been met and public comments have been duly recorded. Mr. Nowak gave the staff report and recommended that the public hearing be opened and then continued to November 17, 1999. Mayor Hunter opened the public hearing. Rosalee Gehres, 15750 East Los Angeles Avenue, No. 99, stated that she was available to answer questions. 000 :175 Minutes of the City Council Moorpark, California Page 4 November 3, 1999 Howard Pompel, 15750 East Los Angeles Avenue, No. 98, stated that the residents of the Villa Del Arroyo Mobilehome Park were appreciative of the Council's support. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to continue the open TEFRA public hearing to November 17, 1999. The motion carried by unanimous voice vote. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider 3rd of July Fireworks Event and Adopt Resolution No. 99 -1673, Amending the FY 1999/2000 Budget by Allocating Funds for the Event. Staff Recommendation: 1) Approve a 3r of July Fireworks Event and the proposed budget ($20,000), as outlined in the Agenda Report; and 2) Adopt Resolution No. 99 -1673, amending the FY 1999/2000 Budget by allocating $10,000 from the General Fund Reserve Balance (1000) to the Event. (ROLL CALL VOTE REQUIRED.) Ms. Lindley gave the staff report. In response to Councilmember Rodgers, Ms. Lindley stated that the last two 3rd of July events were financed by donations to the City and City funding, and that the Chamber of Commerce had helped with the insurance and security. She concurred with Councilmember Rodgers that the participation of community groups should be encouraged. Councilmember Wozniak stated that an advisory committee is important, including for fund raising, and that there must be a plan. Councilmember Harper suggested that an ad hoc committee should be formed to work on the planning for the 3rd of July event as well as other community events, such as Country Days. He commented that there was a need to instill enthusiasm for the community events. He suggested including a carnival. Mr. Kueny stated that this agenda item was intended to allow planning for the 3rd of July event to move forward. He also stated that a carnival could be incorporated for this event. Minutes of the City Council Moorpark, California Page 5 November 3, 1999 Councilmember Wozniak stated that he concurred with Councilmember Harper, but suggested moving forward with the staff recommendation and setting up a committee to start working on the 3rd of July event. He stated that the other community events could be addressed at a later time. He volunteered to be on the committee. Mr. Kueny stated that his understanding was that the advisory committee would be coordinated by staff and suggested including Councilmember Wozniak and at least one Parks and Recreation Commissioner. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to approve a 3rd of July Fireworks Event and the proposed budget ($20,000), and adopt Resolution No. 99- 1673, amending the FY 1999/2000 Budget by allocating $10,000 from the General Fund Reserve Balance (1000) to the Event; and the Council authorized a staff directed advisory committee and consideration of a carnival for the 3rd of July event. The motion carried by unanimous roll call vote. B. Consider Resolution No. 99 -1674 Conditionally Approving Minor Modification No. 1 to Industrial Planned Development Permit No. 95 -1 Requesting Revisions to Building No. 3 from 72,000 Square Foot Footprint to 63,782 Square Foot Footprint with a 8,218 Square Foot Mezzanine, and Addition of a Two -Story Architectural Element Located at 549 Endeavor Court at the Southerly Terminus of Endeavor Court South of Poindexter Avenue (Applicant: Poindexter Properties, LLC). Staff Recommendation: Adopt Resolution No. 99 -1674 conditionally approving Minor Modification No. 1 to Industrial Planned Development Permit No. 95 -1. Mr. Loftus gave the staff report. MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to adopt Resolution No. 99 -1674 conditionally approving Minor Modification No. 1 to Industrial Planned Development Permit No. 95 -1. The motion carried by unanimous voice vote. In response to Councilmember Harper, Mr. Kueny stated that if the Council wanted to discuss the Minor Modification approval process, then it would be appropriate to schedule this matter on a future agenda to allow Council discussion. 00011 Minutes of the City Council Moorpark, California Page 6 November 3, 1999 C. Consider Appointment of Channel Counties Division Representatives to League of Cities Policy Committees. Staff Recommendation: Direct staff as deemed appropriate. In response to Mayor Hunter, Councilmember Wozniak stated that he would like to serve on the Transportation, Communications, and Public Works Policy Committee. CONSENSUS: By consensus, the Council directed staff to prepare a letter stating that the City Council was requesting that Councilmember Wozniak be appointed as a Channel Counties Division representative to the League of Cities Transportation, Communications, and Public Works Policy Committee. 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. 12. ORDINANCES: I0rO T-0 13. CLOSED SESSION: The City Attorney announced that one case under Item 13.A. and Items 13.C., 13.D., 13.I., and 13.K. were to be discussed in closed session. The City Attorney announced that the facts and circumstances creating significant exposure to litigation, which facts and circumstances are known to potential plaintiffs, consist of imposition of a traffic management systems contributory fee on Tract 4980. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to adjourn to closed session for a discussion of one case under Item 13.A. and Items 13.C., 13.D., 13.1., and 13.K. The motion carried by unanimous voice vote. A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) Minutes of the City Council Moorpark, California Page 7 November 3, 1999 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 LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO21825) D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO22256) E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, LTD. vs. City of Moorpark (Case No. SCO23052) F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, LTD., a limited partnership vs. City of Moorpark (Case No. SCO21503) G. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, a limited partnership, dba Villa Del Arroyo Mobilehome Park vs. City of Moorpark, California Department of Transportation, and Ventura County Flood Control District (Case No. SC 022015) H. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Hidden Creek Ranch, LP, a California Limited Partnership vs. The City of Moorpark and to Real Parties in Interest: Clint Harper, Roseann Mikos, Andrew Prokopow, and Committee to Qualify Hidden Creek Referendum Controlled by Clint Harper and Roseann Mikos (Case No. SCO21959) I. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Hidden Creek Ranch, LP, a California Limited Partnership and Messenger Investment Company, Inc., a California Corporation vs. The City of Moorpark and City Council of the City of Moorpark (Case No. SCO23388) 000:1'79 Minutes of the City Council Moorpark, California Page 8 November 3, 1999 J. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: Arroyo Vista Community Park, 4550 Tierra Rejada Road, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark, Southern California Edison, and Performance Nursery Under Negotiation: Price and terms of payment K. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: 798 Moorpark Avenue, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Laszlo B. Kovacs Under Negotiation: Price and terms of payment Property: 285 High Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Randall - Tracy Marsh Under Negotiation: Price and terms of payment Property: 297 High Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Randall - Tracy E. Marsh Under Negotiation: Price and terms of payment Property: 661 Magnolia Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Estella Betancourt Under Negotiation: Price and terms of payment AT THIS POINT in the meeting, a recess was declared to convene the Special Redevelopment Agency meeting. The time was 7:55 p.m. The Council reconvened into open session at 8:10 p.m. Mr. Kueny stated in open session that Item 13.B. would also need to be discussed in closed session. MOTION AMENDMENT: Councilmember Evans and Councilmember Harper agreed to an amendment to the Closed Session motion to include Item 13.B. The amendment was approved by unanimous voice vote to adjourn to closed session for a discussion of one case under Item 13.A. and Items 13.B., 13.C., 13.D., 13.1., and 13.K. 000:.80 Minutes of the City Council Moorpark, California Page 9 November 3, 1999 The City Council reconvened into closed session at 8:11 p.m. Present in closed session were all Councilmembers: Steven Kueny, City Manager; Cheryl Kane, City Attorney; John Nowak, Assistant City Manager; Wayne Loftus, Director of Community Development; and Deborah Traffenstedt, City Clerk. Mr. Loftus left the meeting at 8:44 p.m. The Council reconvened Kueny stated that one cE 13.C., 13.D., 13.1., a Councilmember Rodgers d: for Items 13.C., 13.D.1 was no action to report. 14. ADJOURNMENT: into open session at 9:09 p.m. Mr. se under Item 13.A. and Items 13.B., id 13.K. were considered, and that A not participate in the discussion and 13.I. He also stated that there Mayor Hunter adjourned the meeting at 9:10 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 000U MINUTES OF THE CITY COUNCIL Moorpark, California November 17, 1999 A Regular Meeting of the City Council of the City of Moorpark was held on November 17, 1999 in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:39 p.m. 2. INVOCATION: Pastor Dave Wilkinson, Moorpark Presbyterian Church, led the invocation. 3. PLEDGE OF ALLEGIANCE: Moorpark Cub Scout Pack 3601 did a presentation of colors and led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Evans, Harper, Rodgers, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; John Nowak, Assistant City Manager; Wayne Loftus, Director of Community Development; Dirk Lovett, Assistant City Engineer; Captain Mike Lewis, Sheriff's Department; Don Reynolds, Administrative Services Manager; Mike Mathews, Senior Management Analyst; John Brand, Senior Management Analyst; Deborah Traffenstedt, City Clerk; and La -Dell VanDeren, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Introduce New City Employees, Dana Shigley, Finance Manager, and Ana Cervantes, Account Clerk I. Mayor Hunter introduced the new City employees. B. Proclamation: Buckle Up for Life Challenge (11/99 through 12/2000) . 0001 i-1016,10 Minutes of the City Council Moorpark, California Page 2 November 17, 1999 Mayor Hunter presented the proclamation to Lt. Craig Klein, from the California Highway Patrol, Moorpark Substation Office. C. City Manager's Report. Mr. Kueny introduced Don Reynolds, Administrative Services Manager, who gave a report on Administrative Services accomplishments, including emergency management preparations. D. Consider Nomination and Selection of Mayor Pro Tem. Ms. Traffenstedt gave the staff report. MOTION: Councilmember Evans moved and Councilmember Rodgers seconded a motion to nominate Councilmember Wozniak as Mayor Pro Tem. Mayor Hunter questioned whether the nomination of Councilmember Wozniak was consistent with the past selection practice and asked if Councilmember Harper should be selected based on the prior rotation of the appointment. Councilmember Harper stated that Councilmember Wozniak's nomination was acceptable. The motion carried by unanimous voice vote. 6. PUBLIC COMMENT: Gerald Goldstein, 11932 Los Angeles Avenue, spoke about police activities. Kevin Randolph, 11808 Bergamo Court, representing the Teen Council, discussed activities and events that the Teen Council had sponsored, participated in, and were planning. Ronald White, 4494 Summer Glen Court, discussed the development plan for Arroyo Vista Community Park, and asked that the concerns of the adjacent homeowners be acknowledged. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.) 0d 0iS3 Minutes of the City Council Moorpark, California Page 3 November 17, 1999 Councilmember Evans stated that he would be requesting that Item 11.C. be pulled from the Consent Calendar. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter announced that a survey had been mailed to everyone in the City two weeks ago regarding current and future cable television services, and he requested that residents and business owners complete the survey and mail it back to the City by November 19. 9. PUBLIC HEARINGS: A. Consider the Tax Equity Fiscal Responsibility Act (TEFRA) Hearing Related to the Villa Del Arroyo Mobilehome Park. (Continued open Public Hearing from November 3, 1999.) Staff Recommendations: (1) Take testimony from the public; (2) Close the public hearing; and (3) Approve a motion that the TEFRA requirement of the IRS has been met and public comments have been duly recorded. Mr. Nowak gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no public speakers. Mayor Hunter closed the public hearing. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to find that the TEFRA requirement of the IRS has been met and public comments have been duly recorded. The motion carried by unanimous voice vote. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider the Requirement for Reciprocal Access throuah Mission Bell Plaza to Liberty Bell by Westgate Plaza (Parcel Map 5056 and CPD 96 -2). (Continued from October 6, 1999.) Staff Recommendation: Direct staff to initiate a Modification to Parcel Map 5056 to remove Condition No. 59 and Condition No. 113 respectively, which required a reciprocal access agreement, and authorize the Director of Community Development to approve the modification. Mr. Nowak gave the staff report. Councilmember Harper stated that he would support the staff recommendation due to the lack of cooperation of the adjacent property owner to provide reciprocal access. 000114 Minutes of the City Council Moorpark, California Page 4 November 17, 1999 Mayor Hunter stated that the Westgate Plaza applicant had done everything feasible to try to obtain the access. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to authorize the Director of Community Development to approve a Modification to Parcel Map No. 5056 to remove Conditions Nos. 59 and 113. The motion carried by unanimous voice vote. B. Consider Lease Agreement with Southern California Edison for Unimproved Road at Arroyo Vista Community Park. (Continued from October 20, 1999.) Staff Recommendations: Approve the proposed Lease Agreement with Southern California Edison as outlined in the Agenda Report, subject to final language approval by the City Manager and City Attorney, and authorize the Mayor to sign on behalf of the City. Mr. Kueny gave the staff report. In response to Mayor Hunter, Mr. Kueny discussed the term of the agreement and stated that six to twelve months would give Southern California Edison time to explore construction of a road on their own property. In response to Councilmember Evans, Mr. Kueny stated that the road on Edison's property might be north of the road on City property. He also stated that no parking of nursery related trucks would be allowed on City residential streets and that the tenant would take access from Tierra Rejada Road. Rudy Gonzales, 3589 Foothill Drive, Thousand Oaks, representing Southern California Edison, stated that he had not yet had the opportunity to read the full agreement. He also stated that he agreed with the points outlined in the staff report. Andy Harpster, 1054 Via Pacifica, Santa Paula, stated that he was a retired Edison employee and was representing Performance Nursery. He asked for a clarification to the agreement regarding allowing trucks to cross Williams Ranch Road to access both parts of the nursery. He also stated that Performance Nursery should be allowed to be open on Saturday. In response to Mayor Hunter, Mr. Harpster stated that the request was to be allowed to have trucks cross Williams 0001 -Is5 Minutes of the City Council Moorpark, California Page 5 November 17, 1999 Ranch Road to access the sections of the nursery on both sides of the road. Luis Rosales, 4494 Vistameadow Court, stated that he is asking for the rules of the City to be enforced and does not want to put the nursery out of business. He expressed concern with truck use of the dirt access road that traversed a portion of Arroyo Vista Park. He also expressed concern with trucks parking on Williams Ranch Road. Mabyn Morgan, 4486 Sunsetmeadow Court, stated that she lives near the Performance Nursery location. She also stated that Performance Nursery has no other access except for a road across the Arroyo Simi, that the restrictions on hours of operation are not reasonable, that the City should come up with a better idea than what is proposed, and that there should be a citizens panel to look at the situation. In response to Mayor Hunter, Mr. Kueny stated that access through the Park is not acceptable and that the legal access was from Beltramo Road, across the Arroyo Simi. Kathy Brown, 12808 Williams Ranch Road, expressed concern with impacts from the nursery operations and stated that dust control problems need to be addressed. Joe Ahearn, 484 East Los Angeles Avenue, stated that the restrictions on hours of operation and prohibition on Saturday operations are overly restrictive. Ms. Traffenstedt stated that a written statement card had been received from Julie Bodjanac, which included as an attachment a petition signed by Moorpark residents in support of Performance Nursery. Mr. Kueny stated as clarification that hours of operation for the nursery were not proposed to be restricted. The restriction would be on the use of the access road on City property. In response to Mayor Hunter, Mr. Gonzales confirmed that there was legal access across the Arroyo Simi from Beltramo Road and that the access was viable during the non -rainy season. In response to Mayor Hunter, Mr. Kueny stated that the City would want a surety to cover deterioration of the Uf30xF6 Minutes of the City Council Moorpark, California Page 6 November 17, 1999 City street from truck use. He also stated that the proposed lease agreement would not restrict nursery trucks from crossing Williams Ranch Road to access the nursery on both sides of the road. Mayor Hunter asked for Council comments regarding use of Williams Ranch Road and Mesa Verde Drive as entry points. He stated that he was concerned that the roads could deteriorate. Councilmember Harper stated that when the residents adjacent to the Edison easement had purchased their homes they did not expect that type of truck use, and that he would prefer access from Tierra Rejada Road. In response to Mayor Hunter, Mr. Tom Lucas, 12777 Williams Ranch Road, representing Performance Nursery, stated that access across the Arroyo Simi is difficult. He also stated that he could keep his company's trucks off of the residential streets, but that customers might use them. Mayor Hunter stated that the City could not hold Performance Nursery accountable for all customer and subcontractor trucks, but that Performance Nursery trucks should not use the residential streets. Councilmember Wozniak stated that he concurs with the staff recommendation and that restricting ingress and egress is appropriate. Mayor Hunter asked for Council comments on hours of operation for the access road. Mr. Lucas stated his preference was 7:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturday. Councilmember Rodgers stated that the Tierra Rejada Road and Beltramo Road access were both available. Councilmember Harper questioned whether the materials for delivery could be moved the night before to avoid any problem with the restriction on use of the access road on City property on Saturday. Mayor Hunter stated that the nursery could continue operating without any new restrictions on hours, and that ()004. 8 t Minutes of the City Council Moorpark, California Page 7 November 17, 1999 the hours of operation restrictions would only apply to the access road on the City's property. In response to Mayor Hunter, Mr. Lucas stated that he felt allowing use of the access road to commence at 7:00 a.m. was an acceptable compromise, but that he would prefer that the evening time period be extended. Councilmember Rodgers stated that she was willing to consider a compromise. In response to Councilmember Evans, Mr. Kueny stated that the original nursery had a different operator and was located north of Williams Ranch Road to approximately Mesa Verde Drive. In response to Councilmember Evans, Mr. Lucas discussed the size of the nursery over time and that the overall increase was from approximately 6 to 50 acres. Councilmember Harper stated that he concurred with the staff recommendation for hours of operation on the road. Mayor Hunter stated that he also agreed with the staff recommendation, especially since there was the Beltramo Road access. Councilmember Wozniak stated that he concurred with the time restriction and that Mr. Lucas could come back to the Council if the hours do not work. Councilmember Harper stated that he prefers no Saturday hours of operation for use of the dirt access road, due to the existing noise from Arroyo Vista Community Park. Mayor Hunter asked if there was Council consensus on hours of operation restrictions for the access road to be 8:00 a.m. to 5:00 p.m., Monday through Friday, with no use of the road on Saturdays, Sundays, and City holidays. CONSENSUS: By consensus, the Council determined to restrict hours of operation for the access road in Arroyo Vista Community Park to be 8:00 a.m. to 5:00 p.m., Monday through Friday, with no use of the road on Saturdays, Sundays, and City holidays. In response to Mayor Hunter, Mr. Kueny stated that private contractors operate most of the trucks accessing the nursery, and that staff determined that it would be Minutes of the City Council Moorpark, California Page 8 November 17, 1999 preferred for the City to have a lease agreement with Southern California Edison. In response to Councilmember Evans, Mr. Kueny stated that the Community Services Department would monitor the lease and can request assistance from Code Enforcement if needed. Mayor Hunter stated that the City wants to see Performance Nursery thrive, but that the Council must impose reasonable restrictions. In response to Mayor Hunter, Mr. Gonzales stated that Edison would enforce the terms of the lease agreement. Mayor Hunter suggested December 1, 1999, as the first date of enforcement. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to approve the proposed Lease Agreement with Southern California Edison, as amended for limitations on hours of operations for the access road, subject to final language approval by the City Manager and City Attorney, and authorized the Mayor to sign on behalf of the City. The motion carried by unanimous voice vote. C. Consider Resolution No. 99 -1678 Rescinding Resolution No. 98 -1560, Updating Solid Waste Collection Fees. Staff Recommendations: 1 ) Approve the annual solid waste fee adjustment with the City of Moorpark Franchise Haulers as show in Attachment "A "; and 2) Adopt Resolution No. 99- 1678, Rescinding Resolution No. 98 -1560, approving new 2000 Solid Waste Collection Fees, and updating Exhibit G of the Franchise Agreements, effective January 1, 2000. (ROLL CALL VOTE REQUIRED.) Mr. Brand gave the staff report. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to: 1) Approve the annual solid waste fee adjustment with the City of Moorpark Franchise Haulers as show in Attachment "A "; and 2) Adopt Resolution No. 99 -1678, Rescinding Resolution No. 98 -1560, approving new 2000 Solid Waste Collection Fees, and updating Exhibit G of the Franchise Agreements, effective January 1, 2000. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California Page 9 November 17, 1999 D. Status of the City's Year 2000 Preparedness. Staff Recommendation: Receive and file the report. Mr. Reynolds gave the staff report. Councilmember Evans asked that key staff provide phone numbers of where they can be reached on New Year's Eve. CONSENSUS: By consensus, the Council determined to receive and file the report. E. Consider Bids for the Poindexter Avenue Widening Project. Staff Recommendation: 1) Adopt Resolution No. 99 -1679 approving an amendment to the FY 1999/00 Budget by increasing the appropriation and budget for the subject project from $240,000 to $336,000 ($96,000 increase); 2) Award a contract to Nye & Nelson, Inc. in the amount of $271,682.05 for the construction of the subject project; 3) Approve a contingency for the project in the amount of $28,318 [100 +] and authorize the City Manager to approve additional work, if required, for a cost not to exceed said contingency; and 4) Authorize the City Manager to sign necessary contract documents. (ROLL CALL VOTE REQUIRED.) Mr. Mathews gave the staff report. In response to Mayor Hunter, Mr. Kueny stated that right - of -way acquisition would be part of the construction project. He also stated that for City projects staff does scrutinize and award to a responsible bidder to the best of our ability and that this contractor has previously performed satisfactorily. In response to Councilmember Evans, Mr. Kueny stated that the City cannot do the same screening as a private company, and that if a low bidder has the appropriate licenses, insurance and performance bond, that is primarily the extent of what can be checked. Mayor Hunter requested that staff provide further information to the Council, as a box item memorandum, as to what type of limitations are placed on the City with regard to checking the qualifications of a low bidder. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to: 1) Adopt Resolution No. 99 -1679 approving an amendment to the FY 1999/00 Budget by increasing the appropriation and budget for the subject project from 000190 Minutes of the City Council Moorpark, California Page 10 November 17, 1999 $240,000 to $336,000 ($96,000 increase); 2) Award a contract to Nye & Nelson, Inc. in the amount of $271,682.05 for the construction of the subject project; 3) Approve a contingency for the project in the amount of $28,318 [100 +] and authorize the City Manager to approve additional work, if required, for a cost not to exceed said contingency; and 4) Authorize the City Manager to sign necessary contract documents. The motion carried by unanimous roll call vote. 11. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to approve the Consent Calendar with the exception of Item ll.C. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Adjourned Meeting of June 23, 1999. Consider Approval of Minutes of Special Meeting of June 23, 1999. Consider Approval of Minutes of Special Meeting of June 23, 1999. Consider Approval of Minutes of Special Meeting of September 2, 1999. Consider Approval of Minutes of Special Meeting of September 29, 1999. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register - November 17 1999. Fiscal Year 1999/00 Manual Warrants Voided Warrants 100933 & 100943 100823 & 100906 & 100908 & 101004 $ 19,245.56 $ 0.00 Regular Warrants 100945 - 101030 V $478,447.89 Staff Recommendation: Approve the Warrant Register. -J00-1 31L Minutes of the City Council Moorpark, California Page 11 November 17, 1999 D. Consider a Cooperative Agreement With the State Department of Health Services and Agencies Applying Pesticides for Public Health Purposes. Staff Recommendation: 1) Approve the Cooperative Agreement with the State Department of Health Services and agencies applying pesticides for public health purposes; and 2) Authorize the Mayor and staff to execute the Agreement. E. Consider Notice of Completion for the 1999 Asphalt Overlay Project. Staff Recommendations: 1) Accept the work as completed; 2) Instruct the City Clerk to file the Notice of Completion for the project; and 3) Authorize the release of the retention upon satisfactory clearance of the thirty -five (35) day lien period. The following item was pulled from the Consent Calendar for individual consideration: C. Consider Approval of an Increase to the Amount of the Construction Contingency for the Spring Road Bridge Reconstruction Project, and the Adoption of Resolution No. 99- Amending the Budget to Fund that Increase. Staff Recommendations: 1) Approve a change to the construction contingency for the subject project from ten percent (100) of the bid price [$235,242] to twenty -five (25 %) of the bid price [$588,105]; and 2) Adopt Resolution No. 99- amending the budget appropriation and amount for the subject project and approving an increase to an inter -fund loan from the Los Angeles Avenue AOC to the Spring Road /Tierra Rejada Road AOC for said project. (ROLL CALL VOTE REQUIRED.) Councilmember Evans stated his opposition to allocating additional taxpayer funds due to contractor performance concerns. Mr. Kueny stated that staff was following the requirements of State law for the construction contingency. Mayor Hunter recommended a continuance to December 1, 1999. CONSENSUS: By consensus, the Council determined to continue the Item to the Council's December 1, 1999, regular meeting. 100:132 Minutes of the City Council Moorpark, California Page 12 November 17, 1999 12. ORDINANCES: A. An Ordinance of the City Council of the City of Moorpark, California, Amending Title 17, Zoning, of the Municipal Code by Adding Chapter 17.30 to Provide Regulations Pertaining to Lighting for Development Projects Within all Zoning Designations Within the City of Moorpark. Staff Recommendation: Declare Ordinance No. 266 read for the second time and adopted as read. Ms. Traffenstedt read the title for Ordinance No. 266. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to waive further reading for Ordinance No. 266 and read the ordinance title only. The motion carried by unanimous voice vote. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to declare Ordinance No. 266 read for the second time and adopted as read. The motion carried by unanimous voice vote. 13. CLOSED SESSION: None was held. 14. ADJOURNMENT: Mayor Hunter adjourned the meeting at 8:28 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 00093 MINUTES OF THE CITY COUNCIL Moorpark, California December 1, 1999 A Special Meeting of the City Council of the City of Moorpark was held on December 1, 1999, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:13 p.m. 2. ROLL CALL: Present: Councilmembers Evans, Harper, Rodgers, Wozniak, and Mayor Hunter Staff Present: Steven Kueny, City Manager; Cheryl Kane, City Attorney; John Nowak, Assistant City Manager; Ken Gilbert, Director of Public Works; and Deborah Traffenstedt, City Clerk. 3. PUBLIC COMMENT: None. 4. PRESENTATION /ACTION /DISCUSSION A. Consider Resolution No. 99 -1680 Amending Section 3 of Resolution No. 99 -1669 Related to the Application Deadline for the Hardship Assistance Program. Staff Recommendation: Adopt Resolution No. 99 -1680 amending Section 3 of Resolution No. 99 -1669. Mr. Kueny stated that the staff report would be waived. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to adopt Resolution No. 99 -1680 amending Section 3 of Resolution No. 99 -1669. The motion carried by unanimous voice vote. 5. CLOSED SESSION: Mr. Kueny announced that one case under Item 5.A. on the agenda was to be discussed in closed session. 000194 Minutes of the City Council Moorpark. California Paae 2 December 1, 1999 Ms. Kane announced that for the one case under Item 5.A., the facts and circumstances creating significant exposure to litigation, which facts and circumstances are known to potential plaintiffs, consist of disputed change orders and extra work relative to the Spring Road Bridge project. MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to adjourn to closed session for a discussion of one case under Item 5.A on the agenda. The motion carried by unanimous voice vote. The time was 6:14 p.m. A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) 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 LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO21825) D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO22256) E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, LTD. vs. City of Moorpark (Case No. SCO23052) F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, LTD., a limited partnership vs. City of Moorpark (Case No. SCO21503) 000155 Minutes of the City Council Moorpark, California Paqe 3 December 1, 1999 G. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, a limited partnership, dba Villa Del Arroyo Mobilehome Park vs. City of Moorpark, California Department of Transportation, and Ventura County Flood Control District (Case No. SC 022015) H. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Hidden Creek Ranch, LP, a California Limited Partnership vs. The City of Moorpark and to Real Parties in Interest: Clint Harper, Roseann Mikos, Andrew Prokopow, and Committee to Qualify Hidden Creek Referendum Controlled by Clint Harper and Roseann Mikos (Case No. SCO21959) I. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Hidden Creek Ranch, LP, a California Limited Partnership and Messenger Investment Company, Inc., a California Corporation vs. The City of Moorpark and City Council of the City of Moorpark (Case No. SCO23388) J. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: 798 Moorpark Avenue, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Laszlo B. Kovacs Under Negotiation: Price and terms of payment Property: 415 High Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Sawada and Youko Michitaka Under Negotiation: Price and terms of payment Property: 285 High Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Randall - Tracy Marsh Under Negotiation: Price and terms of payment 00096 Minutes of the City Council Moorpark, California Paae 4 December 1, 1999 Property: 297 High Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Randall - Tracy E. Marsh Under Negotiation: Price and terms of payment Property: 661 Magnolia Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Estella Betancourt Under Negotiation: Price and terms of payment Present in closed session were all Councilmembers; Steven Kueny, City Manager; Cheryl Kane, City Attorney; John Nowak, Assistant City Manager; Ken Gilbert, Director of Public Works; and Deborah Traffenstedt, City Clerk. The Council reconvened into open session at 6:29 p.m. Mr. Kueny stated that there was no action to report. 6. ADJOURNMENT: Mayor Hunter adjourned the meeting at 6:30 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 000191-11