HomeMy WebLinkAboutAGENDA REPORT 2000 0119 CC REG ITEM 11AITEM 1 I. A.
MINUTES OF THE CITY COUNCIL
Moorpark, California April 14, 1999
A Special Meeting of the City Council of the City of Moorpark
was held on April 14, 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 7:12 p.m.
2. 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; Mary Lindley, Director of
Community Services; Wayne Loftus, Acting
Director of Community Development; and
Deborah Traffenstedt, City Clerk.
3. PLEDGE OF ALLEGIANCE:
Mr. Loftus led the Pledge of Allegiance.
4. PUBLIC COMMENT:
Michael Spoehr, 4861 Heather Court, spoke in support of Ace
Bowen, in regard to the City's code enforcement actions.
Ernie Bergmann, P.O. Box 1315, Moorpark, spoke in support
of Ace Bowen.
Gonzalo Macias, 6414 N. Berkeley Circle, spoke in support
of Ace Bowen.
Dan Wallman, 4210 Laurelhurst Road, spoke in support of Ace
Bowen and stated the City's focus should be on correcting
safety violations.
Jon Haines, 484 E. Los Angeles Avenue, stated that safety
violations on Mr. Bowen's property should be corrected but
that low - income housing should be retained.
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Art Franco, 11921 Maplecrest Street, spoke in support of
Ace Bowen and retaining the affordable housing.
Edward Peters, 7155 Walnut Canyon Road, spoke regarding
planned filming on his property and asked for the City's
support.
Anna Bell Sessler, 4968 Mira Sol Drive, stated that Ace
Bowen's house on Wicks Road was already divided into two
units when Mr. Bowen purchased it.
Dr. Roseann Mikos, 14371 E. Cambridge Street, discussed the
need to support the adopted Save Our Open Space and
Agricultural Resources (SOAR) initiatives.
Gerald Goldstein, 11932 Los Angeles Avenue, spoke in
support of Ace Bowen. Suggested local talent be allowed to
record music to be played on Channel 10.
Doug Brossard, 903 Cedar Bluff Court, stated he lived above
the Ace Bowen property and that the City deserves its day
in court. He also stated the property has many safety
problems.
Councilmember Harper stated that there are evident safety
violations on the Bowen property, that the City is working
on options to find replacement affordable housing, and that
the City is trying to achieve compliance with codes.
5. PRESENTATION /ACTION /DISCUSSION:
A. Consider Rescheduling of Tax Equity Fiscal
Responsibility Act ( TEFRA) Hearing for Le Club
Apartments. Staff Recommendation: That the City
Council reschedule the TEFRA hearing for the Le Club
Apartments to its regular meeting of May 5, 1999.
Mr. Nowak gave the staff report.
In response to Councilmember Rodgers, Mr. Kueny stated
that this item could be accommodated on the May 5
agenda.
MOTION: Councilmember Harper moved and Councilmember
Rodgers seconded a motion to reschedule the TEFRA hearing
for the Le Club Apartments to the Council's regular meeting
of May 5, 1999. The motion carried by unanimous voice
vote.
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April 14, 1999
B. Consider Resolution No. 99 -1597 Approving the
Assessment Engineer's Report and the Parks and
Recreation Maintenance and Improvement District Mail
Ballot. Staff Recommendation: Adopt Resolution No.
99 -1597 Approving the Assessment Engineer's Report and
the Parks and Recreation Maintenance and Improvement
District Mail Ballot.
Ms. Lindley gave the staff report and introduced
Gerard Van Stein, Shilts, Consultants, Inc., as the
City's consultant and stated he was available to
answer questions.
In response to Mayor Hunter, Mr. Van Stein explained
that a special benefit is a benefit to a property over
and above the general public benefit. He also stated
that approximately 25 percent of park usage is by
people that do not reside within the City, and that
the 25 percent number is based on a statewide average.
In response to Mayor Hunter, Mr. Van Stein stated that
the Council has the authority to reduce the assessment
if the estimated capital improvements are not
completed.
In response to Councilmember Harper, Mr. Van Stein
stated that the 25 percent estimate was conservative.
In response to Mayor Hunter, Mr. Van Stein stated that
the Council would be restricted in modifying the scope
of improvements.
Mr. Kueny stated that at the June 16 regular meeting,
the Council could set the assessment at a lower number
but not higher.
In response to Mayor Hunter, Mr. Van Stein stated that
the law required the 75/25 percent split to be made by
an assessment engineer.
Mr. Kueny stated that the Council could direct the
engineer to go back and do additional study, but that
the Council could not unilaterally make a revision.
He also stated that additional analysis could probably
not be done in less than one month.
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April 14, 1999
Mr. Stein stated that the level of special benefit for
most park assessment districts is similar to what is
proposed.
Mr. Kueny stated it might not be worth the effort or
delay, since only 52 percent of the actual maintenance
cost is proposed for the assessment.
Kenneth Moss, 226 High Street, spoke in support of a
mail -in ballot and the assessment.
Eloise Brown, 13193 Annette Street, stated that the
General Fund should be used to pay for parks and that
she does not support special assessments for parks.
In response to Mayor Hunter, Mrs. Brown stated that
she understands the City's budget problems but that
activities such as adult sports should support
maintenance costs.
In response to Mayor Hunter, Ms. Traffenstedt stated
that a written statement card had been received from
Dr. Roseann Mikos in support of the park assessment
and mail ballot.
Mr. Kueny stated that the staff recommendation should
be changed to require final language approval by the
City Manager and City Attorney.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to adopt Resolution No. 99 -1597
approving the Assessment Engineer's Report and the Parks
and Recreation Maintenance and Improvement District Mail
Ballot, subject to final language approval by the City
Manager and City Attorney. The motion carried by unanimous
roll call vote.
6. CLOSED SESSION:
The City Manager stated that two cases under Item 6.A and
Items 6.C., 6.D., 6.E., and 6.G. were to be discussed in
closed session.
The City Attorney announced that the facts and
circumstances creating significant exposure to litigation
consist of written communications threatening litigation
received from Mr. Richard Francis and Mr. William Paterson
relative to rezoning the Specific Plan No. 8 property.
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MOTION: Councilmember Evans moved and Councilmember Harper
seconded a motion to adjourn to closed session for a discussion
of two cases under Item 6.A and Items 6.C., 6.D., 6.E., and 6.G.
The motion carried by unanimous voice vote. The time was 8:20
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
D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
The Environmental Coalition of Ventura County vs. City
of Moorpark, et al
E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
Villa Del Arroyo, LTD., a limited partnership vs. City
of Moorpark
F. 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
G. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
City of Moorpark vs. Bowen
AT THIS POINT in the meeting, a recess was declared. The
time was 8:20 p.m. The Council reconvened at 8:35 p.m.
into closed session. Present in closed session were all
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Moorpark, California Page 6
April 14, 1999
Councilmembers, Steven Kueny, City Manager; Cheryl Kane,
City Attorney; John Nowak, Assistant City Manager; Wayne
Loftus, Acting Director of Community Development; and
Deborah Traffenstedt, City Clerk.
Mr. Loftus and Ms. Traffenstedt left the meeting at 9:55
p.m. after discussion of two cases under Item 6.A.
The Council reconvened into open session at 10:38 p.m. Mr.
Kueny stated that two cases under Item 6.A. and Items 6.C.,
6.D., 6.E., and 6.G. were discussed; that Councilmember
Rodgers did not participate in the discussion for the two
cases under Item 6.A. and for Items 6.C. and 6.D.; and that
there was no action to report.
5. ADJOURNMENT:
MOTION: Councilmember Harper moved and Councilmember Rodgers
seconded a motion to adjourn. The motion carried by unanimous
voice vote. The time was 10:39 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
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MINUTES OF THE CITY COUNCIL
Moorpark, California April 21, 1999
A xegular Meeting of the City Council of the City of Moorpark was held
on April 21, 1999 in the Council Chambers of said City located at 799
Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Hunter called the meeting to order at 7:10 p.m.
2. INVOCATION:
Pastor Dave Wilkinson gave the invocation.
3. PLEDGE OF ALLEGIANCE:
Captain Mike Lewis 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, Acting
Director of Community Development; Ken
Gilbert, Director of Public Works; Dirk
Lovett, Assistant City Engineer; Captain Mike
Lewis, Sheriff's Department; John Libiez,
Principal Planner; Nancy Burns, Senior
Management Analyst; Graham Mitchell, Senior
Management Analyst; Deborah Traffenstedt, City
Clerk; and Blanca Garza, Deputy City Clerk.
5. PROCLAMATIONS AND COMMENDATIONS:
A. Recognition of Sheriff Bob Brooks and the Moorpark Police
Department for Moorpark's Seventh Consecutive Year
Designation as the Safest City in Ventura County
Mayor Hunter recognized Sheriff Bob Brooks and the
Moorpark Police Department for Moorpark's Seventh
Consecutive Year Designation as the Safest City in
Ventura County. Sheriff Brooks introduced staff and
volunteers.
B. Presentation by Don Kendall, General Manager, Calleguas
Municipal Water District
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Moorpark, California Page 2 April 21, 1999
Eric Bergh, Manager of Resources for Calleguas Municipal
Water District, stated that he was substituting for Don
Kendall, the General Manager. Mr. Bergh provided a brief
overview of the Las Posas Basin Act for Storage and
Recovery Program. Mr. Bergh introduced Susan Mulligan,
who discussed the pipe line alignment through the
Moorpark area.
C. Proclamation for Veterans Appreciation Month, May 1999
Mayor Hunter presented a proclamation declaring May 1999,
Veterans Appreciation Month. Councilmember Wozniak
accepted the proclamation on behalf of Moorpark veterans.
D. Introduction of new City Employee, David O'Grady, Human
Resources Analyst
Mayor Hunter introduced David O'Grady, Human Resources
Analyst.
E. City Manager's Monthly Report
Mr. Kueny discussed the annual Employee Recognition
Event. He announced that Teresa Jones was named Full
Time Employee of the Year and Jordan Gastwirth and
Stephanie Casillas were named Part Time Employees of the
Year.
6. PUBLIC COMMENT:
Gerald Goldstein, 11932 Los Angeles Avenue, presented his
concerns regarding groundwater quality.
Roseann Mikos, 14371 E. Cambridge Street, provided a report on
the Ventura County Transportation Advisory Committee (CTAC)
meetings of March 23 and April 13, 1999, regarding transit
needs and funds for a bikeway project. She also provided
information on volunteer opportunities for the Park Mail
Assessment Ballot.
AT THIS POINT in the meeting, a recess was declared to convene
the Redevelopment Agency. The time was 7:41 p.m. The Council
reconvened at 7:51 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.)
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Moorpark, California Page 3 April 21, 1999
Councilmember Wozniak indicated he would be requesting that
Item 11.A., minutes of March 31, 1999, be pulled from the
Consent Calendar.
Mayor Hunter requested pulling Item 11.F. for discussion and
Item 11.M. for the purpose of placement on a future agenda.
Mr. Kueny recommended Items 9.A. and 9.B. be continued to May
5, 1999.
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Wozniak discussed a letter from Ventura County
Transportation Commission (VCTC) requesting the billboard
company to remove the billboard on Moorpark Avenue by the end
of April.
Councilmember Rodgers wished Councilmember Wozniak a happy
birthday.
9. PUBLIC HEARINGS:
A. Consider Resolution No. 99- Approving the Mitigated
Negative Declaration /Environmental Assessment for the Los
Angeles Avenue (East) Widening Project. (Continued from
March 17, 1999 with public hearing closed) Staff
Recommendation: 1) Review and consider the information in
the Initial Study, Mitigated Negative
Declaration /Environmental Assessment; 2) Review and
approve the proposed Mitigation Monitoring Program
(Exhibit 1); 3) Approve the list of findings attached as
Exhibit `A' to the Resolution (Exhibit 3); and 4) Approve
the written responses to comments set forth in Exhibit 2;
and 5) Adopt Resolution No. 99- (Exhibit 3) approving
the Mitigated Negative Declaration and Expanded Initial
Study /Environmental Assessment, finding that the document
is an accurate and complete representation of the
environmental effects of the project.
CONSENSUS: By consensus, the Council determined to continue
the closed public hearing to May 5, 1999.
B. Consider Resolution No. 99- Approving the Mitigated
Negative Declaration /Environmental Assessment for the Los
Angeles Avenue /Beltramo Ranch Road Widening Project.
(Continued from March 17, 1999 with public hearing
closed) Staff Recommendation: 1) Review and consider the
information in the Initial Study, Mitigated Negative
Declaration /Environmental Assessment; 2) Review and
approve the proposed Mitigation Monitoring Program
(Exhibit 4); 3) Approve the list of findings attached as
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Exhibit `A' to the Resolution (Exhibit 6); and 4) Approve
the written responses to comments set forth in Exhibit 5;
and 5) Adopt Resolution No. 99- (Exhibit 6) approving
the Mitigated Negative Declaration and Expanded Initial
Study /Environmental Assessment, finding that the document
is an accurate and complete representation of the
environmental effects of the project.
CONSENSUS: By consensus, the Council determined to continue
the closed public hearing to May 5, 1999.
C. Consider Certification of the Final Environmental Impact
Report for 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), and
Development Agreement, and Continue Review and Discussion
of the Specific Plan No. 2 Project, Applicant: Morrison -
Fountainwood -A oura. (Continued from March 17, 1999 with
public hearing open.) Staff Recommendation: 1) Discuss
the Final EIR; 2) Adopt Resolution No. 99 -1588 to certify
the Final EIR for the Moorpark Highlands Specific Plan
project, Specific Plan No. 2, and defer adoption of a
Mitigation Monitoring Plan until project approval; and 3)
Continue public hearing for discussion of General Plan
Amendment No. 95 -2, Specific Plan No. 95 -2, and Zone
Change No. 95 -4 to a date certain.
AT THIS POINT in the meeting, Councilmember Wozniak announced
that he would not participate in the discussion due to a
potential conflict of interest related to the location of his
home and left the dais. The time was 7:56 p.m.
Mr. Loftus gave the staff report.
Michael Greynald, 711 Daily Drive, Camarillo,
representing Morrison - Fountainwood- Agoura, requested the
Council certify the EIR.
In response to Mayor Hunter's request for a summary of
the significant impacts that cannot be fully mitigated to
less than a significant impact, Mr. Greynald stated the
significant unmitigated impacts were cumulative air
quality, loss of coastal sage scrub, and light and glare
impacts, as well as aesthetics impacts.
MOTION: Councilmember Harper moved and Councilmember Evans
seconded a motion to: 1) Adopt Resolution No. 99 -1588 to
certify the Final EIR for the Moorpark Highlands Specific Plan
project, Specific Plan No. 2, and defer adoption of a
Mitigation Monitoring Plan until project approval; and 2)
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April 21, 1999
Continue public hearing for discussion of General Plan
Amendment No. 95 -2, Specific Plan No. 95 -2, and Zone Change
No. 95 -4 to June 16, 1999. The motion carried by voice vote
4 -0, Councilmember Wozniak absent.
AT THIS POINT in the meeting, Councilmember Wozniak returned
to the dais. The time was 8:06 p.m.
D. Consider Resolution No. 99 -1589 Approving a Change of
Control for the Cable Television Franchise held by
Mountain Meadows Cable Television /Entertainment Express
Ltd. To Century Cable of Northern California Staff
Recommendation: 1) Open the public hearing and take
public testimony; 2) Close the public hearing; and 3)
Adopt Resolution No. 99 -1589 approving a change of
control of the cable television franchise currently held
by Mountain Meadows Cable Television /Entertainment
Express, Ltd. to Century Communications of Northern
California subject to the conditions contained therein.
AT THIS POINT in the meeting, Councilmember Rodgers left the
dais due to a potential conflict of interest. The time was
8:06 p.m.
Mr. Nowak gave the staff report.
In response to Mayor Hunter, Richard Sklar, Mountain
Meadows Cable Television, indicated concurrence with the
amendments to the resolution referenced by Mr. Nowak in
the staff report. Mr. Lee Perron, representing Century
Cable of Northern California, also indicated agreement
with the amendments.
In response to Councilmember Harper, Mr. Nowak discussed
the prohibition of a facility within a residential zone
of the City. He explained that the previously adopted
resolution required that the cable office be fully
accessible to the residents, but did not require that the
office be local.
In response to Mayor Hunter, Mr. Nowak stated it had not
been specified that the office must be located in the
City, but that there was a requirement that the service
level must be maintained.
Mr. Sklar thanked the Council and staff for their
professional service and also thanked the residents.
MOTION: Councilmember Evans moved and Councilmember Harper
seconded a motion to adopt Resolution No. 99 -1589 approving a
change of control of the cable television franchise currently
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Moorpark, California Page 6 April 21, 1999
held by Mountain Meadows Cable Television /Entertainment
Express, Ltd. to Century Communications of Northern California
subject to the conditions contained therein. The motion
carried by voice vote 4 -0, Councilmember Rodgers absent.
AT THIS POINT in the meeting Councilmember Rodgers returned to
the dais. The time was 8:12 p.m.
E. Consider Resolution No. 99 -1590 to enable the Enforcement
of the California Vehicle Code in the Privately Owned
Parking Facilities Located at 3941 Spring Road (Rite -Aid)
and 3987 Spring Road (KinderCare)(Ref • CPD95 -1, MM #1 for
Marketplace Properties) Staff Recommendation: Adopt
Resolution No. 99 -1590 declaring certain privately owned
parking facilities to be subject to certain provisions of
the California Vehicle Code.
Mr. Gilbert gave the staff report.
MOTION: Councilmember Harper moved and Councilmember Rodgers
seconded a motion to adopt Resolution No. 99 -1590 declaring
certain privately owned parking facilities to be subject to
certain provisions of the California Vehicle Code. The motion
carried by unanimous voice vote.
10. PRESENTATION /ACTION /DISCUSSION:
A. Consider Lighting Standards for Development Projects.
(Continued from March 17, 1999) Staff Recommendation:
Direct staff as deemed anoronriate_
Mr. Loftus gave the staff report.
In response to Mayor Hunter, Mr. Loftus discussed the
results of staff's survey of other cities regarding
design criteria and lighting standards. He stated the
information was being reviewed and a summary would be
provided to the Council. He stated staff was directed
that the Planning Commission review the matter in order
to initiate the proceedings to prepare a comprehensive
ordinance.
Councilmember Harper stated it was necessary to look at
styles and materials. He suggested Camarillo and Irvine
as possible examples. He stated it was also necessary to
discuss illumination levels, cut -off and color
temperature of the lights.
Mayor Hunter suggested the Planning Commission determine
if a reasonable incentive was possible to encourage older
commercial projects to come into compliance.
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Moorpark, California Page 7
April 21, 1999
Mr. Kueny stated the staff report also recommended the
retention of a lighting contractor to provide expertise
in the area. He recommended the Council direct staff to
bring back a resolution to initiate the changes to the
Zoning Code, which would then forward the matter to the
Planning Commission, and to come back with the necessary
process to retain a consultant to review lighting plans.
MOTION: Councilmember Harper moved and Councilmember Rodgers
seconded a motion to direct staff to bring back a resolution
directing the Planning Commission to set the matter for study,
hearing and a recommendation on a Zoning Code amendment
pertaining to lighting standards and to bring back a
Professional Services Agreement approval request to hire an
independent contract consultant to perform lighting plan check
reviews and inspection. The motion carried by unanimous voice
vote.
B. Consider Land Use and Circulation Alternatives for
Analysis for Specific Plan No. 1 (Hitch Ranch).
(Continued from February 17, 1999) Staff Recommendation:
Consider the Specific Plan No. 1 preliminary plans and
provide direction to applicant and staff concerning the
preparation of the Draft Environmental Impact Report and
Draft Specific Plan.
Mr. Loftus gave the staff report.
Dennis Hardgrave, 651 Via Alondra #714, Camarillo,
representing Hitch Ranch Specific Plan No. 1, requested
Council direct staff to begin the EIR process. He
indicated he was available to answer questions.
Councilmember Harper stated he would like to have more
information on the potential of extending High Street
west and potential recreational use and funding of the
detention structure. He also requested that large one -
acre lots be utilized in the northern portion of the
project. He stated with that information to be provided,
he would be willing to proceed.
Mr. Hardgrave stated an alternative circulation plan
would be included to extend High Street. He discussed
the reconfiguration of the detention area and indicated
support of a recreational use for the area. He clarified
that an alternative plan shows the minimum lot size to be
20,000 square feet, which would be adequate for estate
homes. He stated he would review the items recommended
by Councilmember Harper.
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Aoril 21. 19AA
MOTION: Councilmember Harper moved and Mayor Hunter seconded
a motion to direct staff to proceed with the preparation of
the Draft EIR and Specific Plan. The motion carried by
unanimous voice vote.
C. Consider Casey Road Traffic Signal: a) Consider Bids for
the Award of Construction Contract; b) Consider Approval
of the Selection of a Civil Engineering Firm to Provide
Construction Engineering Services for Said Project; and,
c) Consider Adoption of a Resolution Amending the FY
1998/99 Budget to Show the Revenue (Moorpark Unified
School District) and Expenditures for this Project. Staff
Recommendation: That the City Council take the following
actions: 1) Adopt Resolution No. 99 -1591 amending the FY
1998/99 Budget to show the revenue (from MUSD) and
expenditures for the subject project
(400.801.8060.xxx.xxxx); 2) Award a contract to Berry
General Engineering Contractors, Inc. in the amount of
$183,035.50 for the construction of the subject project;
3) Authorize the City Manager to approve Change Orders
for additional work, subject to receipt of input from the
Moorpark Unified School District; 4) Approve the
selection of VCE Engineering to provide construction
engineering services (contract administration and
inspection) for the project for a fee not to exceed
$32,670 plus actual cost for soils and materials testing;
and, 5) Authorize the Mayor to sign the contract
documents for the subject project. (ROLL CALL VOTE
REQUIRED)
Mr. Gilbert gave the staff report.
In response to Mayor Hunter, Mr. Gilbert stated the
Moorpark Unified School District has taken care of the
outstanding items.
MOTION: Councilmember Harper moved and Councilmember Evans
seconded a motion to: 1) Adopt Resolution No. 99 -1591 amending
the FY 1998/99 Budget to show the revenue (from MUSD) and
expenditures for the subject project (400.801.8060.xxx.xxxx);
2) Award a contract to Berry General Engineering Contractors,
Inc. in the amount of $183,035.50 for the construction of the
subject project; 3) Authorize the City Manager to approve
Change Orders for additional work, subject to receipt of input
from the Moorpark Unified School District; 4) Approve the
selection of VCE Engineering to provide construction
engineering services (contract administration and inspection)
for the project for a fee not to exceed $32,670 plus actual
cost for soils and materials testing; and 5) Authorize the
Mayor to sign the contract documents for the subject project.
The motion carried by unanimous roll call vote.
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Moorpark, California Page 9
April 21, 1999
D. Consider Report on Proposal by Moorpark College to
Establish a Swap Meet in the Campus Parking Lot. Staff
Recommendation: Direct staff as deemed appropriate.
Mr. Loftus gave the staff report.
In response to Councilmember Evans, Dr. James Walker
stated that parking Lots A, B, C, and D at Moorpark
College would be utilized. He explained that Lot A would
be used for parking, with Lot D available for overflow
and Lots B and C would be utilized for vendors. He
stated the initial plans have changed to include an
expanded vendor area.
In response to Councilmember Wozniak, Dr. Walker
explained that traffic would flow in a counterclockwise
direction around the campus to minimize the impact to the
adjacent residents.
Gerald Goldstein, 11932 Los Angeles Avenue, expressed
concern regarding the requirement for Police Officers.
Eloise Brown, 13193 Annette Street, indicated her concern
regarding traffic impacts to the adjacent residents on
Sundays.
Mayor Hunter stated that the Campus Hills Homeowners
Association had submitted a.letter indicating opposition
to the proposal.
In response to Councilmember Harper, Mr. Kueny stated it
would take as long as 90 days to obtain approval of a
Conditional Use Permit.
Councilmember Harper suggested a 90 -day Temporary Use
Permit (TUP) be utilized as a trial period.
In response to Councilmember Wozniak, Mr. Kueny stated
the TUP could be issued for the maximum 90 -day period,
which could be extended.
Councilmember Harper stated the TUP should address issues
such as direction of flow of traffic, hours of operation,
and number of private police or security to be utilized.
Mr. Kueny stated that the off -sight issues, such as noise
and traffic, would also need to be addressed by the TUP.
In response to Mayor Hunter, Mr. Loftus explained the
configuration of University Drive.
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Moorpark, California Page 10 April 21, 1999
Councilmember Evans stated he could support allowing the
swap meet on a temporary basis. He stated there may not
be a renewal if there are impacts on the adjacent
residents.
Councilmember Wozniak concurred with Councilmember Evans
and stated his major concern is traffic. He stated a TUP
for 90 days was feasible, but traffic control and
security needed to be focused upon.
Councilmember Rodgers stated that the method of cleaning
the lots, and whether machines would be used, should also
be addressed in a TUP.
In response to Mayor Hunter, Mr. Loftus stated the
proposal was for the swap meet to begin at 6:00 a.m.
Mayor Hunter stated his concern with vendors beginning
set -up at 5:00 a.m. or earlier.
In response to Mayor Hunter, Dr. Walker stated that
stacking of vehicles would be done on Campus Road.
In response to Mayor Hunter, Mr. Loftus stated the TUP
could be conditioned to include the indicated concerns.
Mr. Kueny stated the Council should provide direction if
it desired to issue a TUP for less than 90 days.
Mayor Hunter stated he would prefer a shorter TUP period.
Mr. Loftus stated the TUP could be structured to require
a review during the 90 -day period, at which time the TUP
could be revoked.
In response to Councilmember Evans, Dr. Walker stated the
College would enter into a contract with the promoter
with an escape clause to allow discontinuance if problems
arise. Councilmember Evans stated he could support a 90-
day TUP if Dr. Walker also has the ability to terminate.
In response to Councilmember Wozniak, Mr. Kueny stated
the TUP could be issued at the staff level. He suggested
a condition be added requiring the promoter to file an
application for a CUP. He suggested the Council direct
staff that reviews should occur after each 30 -day period.
MOTION: Councilmember Harper moved and Councilmember Evans
seconded a motion to direct staff to require the filing of a
conditional use permit application and to issue a temporary
special use permit with three consecutive 30 -day review
periods, with a status report to be provided to Council at the
Minutes of the City Council
Moorpark, California Page 11
April 21, 1999
end of each 30 -day period, and conditions of approval to be
imposed to address concerns regarding circulation, traffic
control, noise, and start time. The motion carried by
unanimous voice vote.
E. Presentation by Douglas Tapking, Area Housing Authority
Executive Director, regarding Ventura Cities Mortgage
Financinq Authority.
Douglas Tapking, Area Housing Authority Executive
Director, discussed affordable housing needs in Ventura
County and Moorpark and affordable housing programs. He
presented the proposal to develop a joint powers
agreement to create the Ventura Cities Mortgage Financing
Authority.
F. Consider Resolution No. 99 -1592 Approving Participation
in a Joint Powers Agreement Creating the Ventura Cities
Mortgage Financing Authority. Staff Recommendation: Adopt
Resolution No. 99 -1592 approving the Joint Powers
Agreement creating the Ventura Cities Mortgage Financing
Authority and the City of Moorpark joining as a member,
subject to final language approval by the City Manager
and City Attorney.
Mr. Nowak gave the staff report.
Gerald Goldstein, 11932 Los Angeles Avenue, stated a
joint powers agreement was a means of overriding a vote
of the people.
In response to Councilmember Harper, Mr. Nowak stated
there is no direct cost to the City and that the City
Attorney has reviewed the agreement and indicated there
is no exposure to the City.
In response to Mayor Hunter, Mr. Tapking stated the
Cities of Simi Valley, Thousand Oaks and Camarillo have
adopted resolutions approving the agreement.
MOTION: Councilmember Evans moved and Councilmember Harper
seconded a motion to adopt Resolution No. 99 -1592 approving
the Joint Powers Agreement creating the Ventura Cities
Mortgage Financing Authority and the City of Moorpark joining
as a member, subject to final language approval by the City
Manager and City Attorney. The motion carried by unanimous
voice vote.
AT THIS POINT in the meeting, the Council took a recess. The time
was 9:17 p.m. The Council reconvened at 9:35 p.m.
Minutes of the City Council
Moorpark, California Page 12 April 21, 1999
G. Consider Introduction of Ordinance No. 253 Amending the
Municipal Code by Adopting the Current Editions of the
Uniform Building Code, National Electrical Code, Uniform
Plumbing Code, Uniform Mechanical Code, Uniform Housing
Code, Uniform Code for the Abatement of Dangerous
Buildings and the Uniform Administrative Code. Staff
Recommendation: Introduce Ordinance No. 253 for first
reading and schedule a public hearing and second reading
for May 19, 1999.
Mr. Nowak gave the staff report.
Ms. Traffenstedt read the title of Ordinance No. 253.
MOTION: Councilmember Evans moved and Councilmember Harper
seconded a motion to waive further reading 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. 253 introduced on
first reading. The motion carried by unanimous voice vote.
CONSENSUS: By consensus, the Council scheduled a public
hearing and second reading for May 19, 1999.
H. Consider Resolution No. 99- Establishing Certain
Parking Restrictions on Christian Barrett Drive at
Trailcrest Drive. Staff Recommendation: Adopt Resolution
No. 99- establishing "No Stopping Anytime" zones on
Christian Barrett Drive immediately east and west of
Trailcrest Drive.
Mr. Gilbert gave the staff report.
Michael Olinyk, 4168 Greenbush Lane, stated they did not
support a no parking zone but suggested a 3 -way stop and
cross walk. He discussed the limited sight distance at
the intersection.
Debbie west, 4182 Trailcrest Drive, provided Council with
a petition signed by area residents requesting a 3 -way
stop sign, cross walks and a caution light.
In response to Mayor Hunter, Mr. Gilbert stated he did
not believe the intersection would meet warrants for a 3-
way stop. He stated painted crosswalks at uncontrolled
intersections are proven to be less safe.
Mayor Hunter stated the Council previously approved a
stop sign at Countrywood Drive and Broadview Drive where
Minutes of the City Council
Moorpark, California Page 13
April 21, 1999
warrants were not met. He stated the intersection may not
meet warrants but some sort of intervention is necessary.
Councilmember Evans concurred that some intervention is
necessary. He stated there is a need to install a stop
sign at the intersection.
In response to Councilmember Harper, Mr. Kueny stated the
crossing guard serving Peach Hill Elementary School is
located at the Peach Hill Road /Christian Barrett Drive
intersection.
Councilmember Harper suggested the possibility of a
second crossing guard. He discussed the suggested
elimination of parking at Trailcrest and Christian
Barrett Drives.
Mr. Kueny discussed the parking available at Peach Hill
Park. Mr. Kueny suggested use of the Park lot in
conjunction with the School District lot.
Mr. Gilbert stated no parking for 100 feet would mean a
loss of 10 parking spaces.
Mr. Kueny suggested directing staff to review the issues
and bring it back on the next agenda. He stated the
issues of limiting parking, line -of- sight, centerline
striping and coordinating parking with Peach Hill School
and Park could be explored.
Mayor Hunter supported moving forward with adoption of
the resolution as an interim measure.
Councilmember Harper suggested elimination of parking
during certain hours. He suggested the possibility of a
crossing guard be reviewed.
CONSENSUS: By consensus, the Council continued the item to
May 5, 1999.
I. Consider Report from the Affordable Housing /Communit
Development Committee (Mayor Hunter /Councilmember Evans)
on Processing Projects in the Downtown Specific Plan
Area. Staff Recommendation: Direct staff as deemed
appropriate.
Mr. Loftus gave the staff report.
In response to Councilmember Harper, Mr. Loftus explained
the appeal process, which allowed the Council to provide
--�)0
Minutes of the City Council
Moorpark, California Page 14 April 21, 1999
input on the Community Development Department's intent to
take action.
In response to Mayor Hunter, Mr. Loftus stated an appeal
period could be established for the applicant. Mr. Kueny
suggested that the appeal process be the same as the
procedure for appealing Planning Commission decisions to
the City Council.
MOTION: Mayor Hunter moved and Councilmember Evans seconded a
motion to direct staff to bring back a resolution for the
proposed Zoning Code Amendment, requesting the Planning
Commission to set the matter for study, hearing and
recommendation, and to address the appeal process. The motion
carried by unanimous voice vote.
J. Consider Information Pertaining to Housing Rehabilitation
Loan Program - Erickson. Staff Recommendation: That
Option 2 described in the staff report be adopted by the
City Council for the City housing rehabilitation program.
Mr. Nowak gave the staff report.
Eloise Brown, 13193 Annette Street, stated the loan was
generous on the part of the City. She suggested the
Council obtain the real cost on the roof. She stated she
did not consider the neighborhood to be blighted.
In response to Councilmember Evans, Mr. Nowak stated
verified estimates have not yet been obtained.
In response to Councilmember Harper, Mr. Nowak stated the
roof leaked and that the recommendation was for a
composite type roof that would blend with the
neighborhood. He explained the intent of the
rehabilitation program, which allows for aesthetic type
improvements. Councilmember Harper stated he was not
clear on the rationale for committing public funds for
back yard aesthetic improvements.
In response to Councilmember Rodgers, Mr. Nowak stated
interest only was being charged, with the remainder
deferred to the point of sale.
Mayor Hunter stated that he supported Option No. 2.
Councilmember Harper stated he would support the staff
recommendation, but requested review of appropriate
improvements available under the loan. Mr. Kueny
suggested a requirement that the roof be consistent with
the CC &Rs.
Minutes of the City Council
Moorpark, California Page 15
April 21, 1999
MOTION: Councilmember Wozniak moved and Councilmember Rodgers
seconded a motion to approve Option No. 2 described in the
staff report. The motion carried by voice vote 4 -1,
Councilmember Evans dissenting.
K. Consider the Mobile Home Rehabilitation Loan Program.
Staff Recommendation: Approve the modifications to the
mobile home rehabilitation loan program as indicated in
the staff report.
Mr. Nowak gave the staff report.
Mayor Hunter stated the request appears to be reasonable.
He stated his initial concern was that the threshold was
low.
MOTION: Councilmember Harper moved and Councilmember Evans
seconded a motion to approve the modifications to the Mobile
Home Rehabilitation Loan Program as indicated in the staff
report. The motion carried by unanimous voice vote.
L. Consider Appointment of City Representative to Serve on
the Santa Monica Mountains Conservancy Advisory
Committee. Staff Recommendation: Appoint a member of the
City Council to be the City's representative on the Santa
Monica Mountains Conservancy Advisory Committee and
potentially appoint a new alternate, or direct staff to
advertise for a citizen representative and schedule
consideration of a citizen appointment for the Council's
June 2, 1999 meeting.
Ms. Traffenstedt gave the staff report.
Councilmember Evans stated the appointment requires a
substantial investment of time to attend meetings, due to
location, as well as time to review required reading
material. He stated it was important to keep the
appointment at the Council level.
Mayor Hunter indicated he would like to serve as the
representative.
Mr. Kueny suggested asking the Parks and Recreation
Commissioners if one would like to serve as the
alternate.
CONSENSUS: By consensus, Mayor Hunter was appointed as the
City's representative, with the alternate left vacant.
t d° 0 s . ,G,
Minutes of the City Council
Moorpark, California Page 16 April 21, 1999
M. Consider Amendment to City Schedule of Land Use
Development Preliminary Processing Fee Deposits. Staff
Recommendation: Adopt Resolution No. 99 -1593 establishing
revised land use deposit fees and rescinding Resolution
No. 98 -1551.
Mr. Loftus gave the staff report.
MOTION: Councilmember Wozniak moved and Councilmember Evans
seconded a motion to adopt Resolution No. 99 -1593 establishing
revised Land Use Deposit Fees and rescinding Resolution No.
98 -1551. The motion carried by unanimous voice vote.
N. Consider Report Related to SR -118. Staff Recommendation:
Direct staff as deemed appropriate.
Mr. Loftus gave the staff report.
Mayor Hunter discussed the meeting to be held by
Assemblyman Strickland on May 6 at the Moorpark Community
Center.
Councilmember Harper stated he would prefer to not see an
expanded port at Port Hueneme, due to traffic impacts on
State Route 118. He stated the Council may want to take
a position opposing port expansion.
CONSENSUS: By consensus, the Council determined to receive
and file the report.
O. Consider Resolution No. 99- , Adopting Revised Rules
of Procedure for Council Meetings and Related Functions
and Activities and Rescinding Resolution No. 98 -1495.
Staff Recommendation: Adopt Resolution No. 99-
Ms. Traffenstedt gave the staff report.
Mayor Hunter proposed additional amendments to the
Council's rules of procedures. He suggested a 5- minute
time limit for public hearing speakers, with 3 minutes at
additional meetings. He also suggested time limits for
applicants during public hearings. Mr. Kueny suggested
the City Attorney provide input on the recommendations.
Councilmember Harper concurred that speakers be allotted
5 minutes at the initial hearing, and 3 minutes for
subsequent hearings.
Mayor Hunter suggested meetings start at 6:30 p.m. in
lieu of a third meeting each month. Mr. Kueny stated a
n
� nM
Minutes of the City Council
Moorpark, California Page 17
April 21, 1999
change in official starting time would require adoption
of an ordinance amending the Municipal Code.
CONSENSUS: By consensus, the Council directed staff to review
Council recommended revisions with the City Attorney and then
reschedule for Council action.
P. Consider Authorizing City Manager to Approve a
Professional Services Agreement between the City of
Moorpark and DMG- Maximus /Norman Roberts and Associates,
Inc. for Recruitment Services for the Director of
Community Development Position. Staff Recommendation:
Authorize the City Manager to approve the standard
Professional Services Agreement between the City of
Moorpark and DMG- Maximus /Norman Roberts and Associates,
Inc.
Ms. Traffenstedt gave the staff report.
In response to Councilmember Wozniak, Ms. Traffenstedt
stated the local Moorpark firm was not included due to
its lack of experience in public sector recruitments.
Councilmember Evans suggested Mr. LaPerch be interviewed.
Mr. Kueny stated the City would be better served
utilizing a firm with public sector experience.
MOTION: Councilmember Wozniak moved and Councilmember Rodgers
seconded a motion to authorize the City Manager to approve the
standard Professional Services Agreement between the City of
Moorpark and DMG- Maximus /Norman Roberts and Associates, Inc.
The motion carried by unanimous voice vote.
11. CONSENT CALENDAR:
MOTION: Councilmember Evans moved and Councilmember Harper
seconded a motion to approve the Consent Calendar, with the
exception of Items 11.A., 11.F., 11.I., 11.L., and 11.M. The
motion carried by unanimous roll call vote.
B. Consider Approval of Warrant Register of April 7, 1999.
Fiscal Year 1998/99
Manual Warrants
Voided Warrants
43958 - 43959 $ 97,056.62
44070 - 44078 & 44112
43874 & 43947 $ (6,793.48)
43960 - 43962
() 00 -1i. (,' 4
Minutes of the City Council
Moorpark, California Page 18
April 21, 1999
Regular Warrants
44079 -
44111 - D
$418,468.97
44113 -
44165 - V
$ 46,743.26
Staff Recommendation: Approve the Warrant
Register.
C. Consider Approval of
Warrant
Register of April
21, 1999
Fiscal Year 1998/99
Manual Warrants
44166 -
44193 $
37,730.37
Voided Warrants 43972 & 44047 & $ (1,403.00)
44077
Regular Warrants 44194 - 44244 - D $ 311,851.02
44245 - 44325 - V $ 283,881.79
Staff Recommendation: Approve the Warrant Register.
D. Consider Resolution No. 99 -1594 Approving the Moorpark
Redevelopment Agency's Issuance of Tax Allocation Bonds
to Refinance the Agency's 1993 Tax Allocation Bonds.
Staff Recommendation: Adopt Resolution No. 99 -1594
approving the issuance by the Redevelopment Agency of the
City of Moorpark of Tax Allocation Bonds to refund the
Agency's outstanding Moorpark Redevelopment Project 1993
Tax Allocation Bonds.
E. Consider Acquisition of New Dump Truck. Staff
Recommendation: That the City Council approve the
attached specifications and authorize staff to solicit
price quotes for a new dump truck.
G. Consider Change to the Scope of Work for the 1999 Asphalt
Overlay Project. Staff Recommendation: That the City
Council approve a change to the scope of work for the
1999 A/C Overlay Project by adding Spring Road between
the Arroyo Simi Bridge and Peach Hill Road.
H. Consider Resolution No. 99 -1595 Establishing a "No
Parking - Bus Stop" Zone on Spring Road South of Charles
Street. Staff Recommendation: That the City Council
adopt Resolution No. 99 -1595 establishing "No Parking -
Bus Stop" zone on a portion of the east side of Spring
Road, south of Charles Street.
Minutes of the City Council
Moorpark, California Page 19
April 21, 1999
J. Consider Resolution No. 99 -1596 Expressing Opposition to
Proposed 411 Rate Increase by SBC /Pac Bell. Staff
Recommendation: That the City Council adopt Resolution
No. 99 -1596 expressing the City's opposition to the
proposed SBC /Pac Bell rate increase requests.
K. Consider Agreement to Purchase Tax - Defaulted Properties.
Staff Recommendation: That the City Council authorize the
Mayor to execute the "Agreement to Purchase Tax - Defaulted
Property" and the City to pay the amount of $24,500 from
its Community Development Block Grant funds for the
acquisition costs. (ROLL CALL VOTE REQUIRED)
The following Items were pulled from the Consent Calendar for
individual consideration:
A. Consider A2proval of Minutes of Special City Council
Meeting of March 17, 1999.
Consider Approval of Minutes of Special City Council
Meeting of March 31, 1999.
Staff Recommendation: Approve the minutes as processed.
Councilmember Wozniak indicated he would not be voting on
approval of the Minutes of March 31, 1999, due to not
being present at the meeting.
MOTION: Councilmember Evans moved and Councilmember Harper
seconded a motion to approve the minutes as processed. The
motion carried by voice vote 4 -0, with Councilmember Wozniak
abstaining.
F. Consider Approval of the Plans and Specifications for the
Tierra Rejada Road Inlet Project and Authorization to
Advertise for Receipt of Bids for the Said Work. Staff
Recommendation: That the City Council approve the plans
and specifications and authorize staff to advertise for
receipt of bids upon receipt of the Ventura County Flood
Control District ( VCFCD) Permit.
Mayor Hunter indicated he pulled the item to inform the
public of drainage problems on Tierra Rejada Road and
that this action should provide relief.
MOTION: Mayor Hunter moved and Councilmember Evans seconded a
motion to approve the plans and specifications and authorize
staff to advertise for receipt of bids upon receipt of the
VCFCD Permit. The motion carried by unanimous voice vote.
Minutes of the City Council
Moorpark, California Page 20 April 21, 1999
I. Consider Co-Sponsorship of Public Forum on Highway 118
with Assemblyman Strickland. Staff Recommendation: That
the City Council agree to be a co- sponsor of the public
forum on the Highway 118 issues with Assemblyman
Strickland.
Councilmember Evans indicated he pulled the item to
inform the public of the Forum.
MOTION: Councilmember Evans moved and Councilmember Harper
seconded a motion to agree to be a co- sponsor of the public
forum on the Highway 118 issues with Assemblyman Strickland.
The motion carried by unanimous voice vote.
L. Consider Releasing Surety Bond No. SCR 709 -53 -29 for Work
Associated with Widening Improvements on New Los Angeles
Avenue in Conjunction with Parcel map 3828 (Moorpark R &T
Center). Staff Recommendation: Authorize the City Clerk
to exonerate Bond No. SCR 709- 53 -29.
Mayor Hunter indicated he had pulled the item in error.
MOTION: Mayor Hunter moved and Councilmember Evans seconded a
motion to authorize the City Clerk to exonerate Bond No. SCR
709- 53 -29. The motion carried by unanimous voice vote.
M. Consider Request for the Construction of a Traffic Sianal
at the Intersection of Los Angeles Avenue (State Route
118) and Montair Drive (American Products, Inc.). Staff
Recommendation: Staff recommends that the City Council
take no action on the subject request.
Mayor Hunter requested the item be agendized for May 19,
1999, for additional discussion.
MOTION: Mayor Hunter moved and Councilmember Evans seconded a
motion to continue the item to May 19, 1999. The motion
carried by unanimous voice vote.
12. ORDINANCES:
None.
13. CLOSED SESSION:
None was held.
Minutes of the City Council
Moorpark, California Page 21 April 21, 1999
14. ADJOURNMENT:
MOTION: Councilmember Harper moved and Councilmember Evans
seconded a motion to adjourn. The motion carried by unanimous
voice vote. The time was 11:02 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
s
MINUTES OF THE CITY COUNCIL
Moorpark, California May 19, 1999
A Special Meeting of the City Council of the City of Moorpark
was held on May 19, 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 6:12 p.m.
2. ROLL CALL:
Present:
Staff Present:
3. PUBLIC COMMENT:
None.
4. CLOSED SESSION:
Councilmembers Evans, Harper,
Wozniak, and Mayor Hunter
Steven Kueny, City Manager
Rodgers,
Mr. Kueny announced that Items 4.K. and 4.L. 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.K. and 4.L. on the agenda. The motion carried by
unanimous voice vote. The time was 6:13 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Assistant City Manager, City Attorney, City
Clerk, City Manager, City Engineer, Chief of Police,
Minutes of the City Council
Moorpark, California Paae 2
May 19, 1999
Director of Community Development, Director of
Community Services, Public Works Director
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. SCO21825)
E. 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)
F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
Villa Del Arroyo, LTD., a limited partnership vs. City
of Moorpark
G. 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)
H. 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
I. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
The Environmental Coalition of Ventura County vs. City
of Moorpark, the City Council of the City of Moorpark,
and Ventura Local Agency Formation Commission (Case
No. SCO23378)
J. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
Alice Rowan vs. City of Moorpark (Case No. SH089680)
(y' 01 10, 0
Minutes of the City Council
Moorpark, California Page 3 May 19, 1999
K. CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code Section 54957.6)
Agency Designated Representative: Steven Kueny
Employee Organization: Service Employees International
Union, AFL -CIO, CLC, Local 998
L. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Assistant City Manager, City Attorney, City
Clerk, City Manager, City Engineer, Chief of Police,
Director of Community Development, Director of
Community Services, Public Works Director
Present in closed session were all Councilmembers and
Steven Kueny, City Manager.
The Council reconvened into open session at 6:58 p.m. Mr.
Kueny announced that Items 4.K. and 4.L. were discussed in
closed session and that there was no action to report. .
5. ADJOURNMENT:
Mayor Hunter adjourned the special meeting at 6:59 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
000111
MINUTES OF THE CITY COUNCIL
Moorpark, California September 1, 1999
A Regular Meeting of the City Council of the City of Moorpark was held
on September 1, 1999 in the Council Chambers of said City located at
799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Pro Tem Evans called the meeting to order at 6:39 p.m.
2. INVOCATION:
Reverend John W. Love, Holy Cross Catholic Church, led the
invocation.
3. PLEDGE OF ALLEGIANCE:
Councilmember Rodgers led the Pledge of Allegiance.
4. ROLL CALL:
Present: Councilmembers Evans, Harper, Rodgers, and
Wozniak
Absent: Mayor Hunter
Staff Present: Steven Kueny, City Manager; John Nowak,
Assistant City Manager; 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
5. PROCLAMATIONS AND COMMENDATIONS:
A. Introduction of new City Employee, Jeremy Ochsenbein,
Planninq Technician.
Mayor Pro Tem Evans introduced Jeremy Ochsenbein,
Planning Technician.
6. PUBLIC COMMENT:
Luis Rosales, 4494 Vista Meadow Court, expressed concern
regarding Southern California Edison's intention to
Minutes of the City Council
Moorpark, California Page 2 September 1, 1999
develop its property adjacent to Arroyo Vista Community
Park. He stated traffic would be a nuisance to
neighboring residents. He suggested other possible
locations for such facilities.
Mayor Pro Tem Evans stated a discussion of the proposed
Edison project adjacent to Arroyo Vista Community Park
would be on the September 15, 1999, City Council agenda.
Tom Lucas, 12777 Tierra Rejada Road, addressed the
Council in opposition to development of the Edison
property adjacent to Arroyo Vista Community Park. He
stated his nursery was located on the Edison property and
expressed concern regarding the potential of having to
relocate his business.
Terence O'Neill, 150 E. Los Angeles Avenue, No. 105,
suggested that a policy be created for Redevelopment
Agency projects to require handicapped parking.
Jere Robings, no address provided, addressed the Council
in opposition to Item No. 10.F. He opposed increased
taxes. He urged the Council to reject Senate
Constitutional Amendment No. 3.
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 Pro Tem Evans stated he intended to pull Items 11.E. and
11.F.
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Mayor Pro Tem Evans invited the public to attend the Grand
Opening of Arroyo Vista Tennis Courts, on September 10, 1999.
He announced Coastal Clean -up Day on September 18, 1999. He
stated Free Dump Day would be held on September 19, 1999. He
reminded the community that Moorpark Country Days would be
held on September 25. He announced Moorpark Rotary's 2 °d
Annual Monster Maze to begin Friday, October 8 through October
31, 1999.
Councilmember Harper requested a discussion of the status of
the loan to the Boys and Girls Club.
Councilmember Wozniak wished his wife a Happy Anniversary.
Minutes of the City Council
Moorpark, California Page 3
September 1, 1999
Mayor Pro Tem Evans requested a review of the Spring Road
Bridge construction project, including the revised time line.
He also requested a weekly Council mail box item on the
project. He requested a discussion of the Redevelopment Agency
business loan program. He requested an agenda item regarding
the possible formation of a joint City /School District Task
Force. He requested an agenda item to discuss the crime
statistics report. He requested an item, prior to the 2nd
meeting in October, regarding the procedure used by the
Council to appoint members to Commissions and Committees.
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 August 18, 1999, with Public Hearin
Open.) Staff Recommendation: Accept Additional Testimony
and Continue the Public Hearing until September 15, 1999.
AT THIS POINT in the meeting, Councilmember Wozniak left the
dais due to a potential conflict of interest based on the
location of his home. The time was 7:05 p.m.
Mr. Loftus gave the staff report.
Councilmember Harper indicated support for building out
Spring Road to four lanes. He requested comments from
the City Engineer regarding the preferred design at the
future Walnut Canyon Road and Spring Road intersection.
In response to Councilmember Harper, Mr. Loftus stated a
sweeping curve would be preferable to a T- intersection.
In response to Councilmember Harper, Mr. Kueny stated a
meeting would be held with the School District to discuss
the size of the school site. Mr. Loftus discussed the
campus size and stated that the park site might need to
be increased in size if the school site is decreased. Mr.
Kueny suggested a Plan B, showing an alternative school
and park site design, be built into the Plan Approval and
Development Agreement so as to not require the Specific
Plan to have to come back to the Council.
In response to Councilmember Rodgers regarding
circulation, Mr. Loftus explained how children would get
to Walnut Canyon Elementary School.
(�� -t0-1
Minutes of the City Council
Moorpark, California Page 4 September 1, 1999
In response to Councilmember Harper, Mr. Loftus stated
the Environmental Impact Report (EIR) addressed the
traffic impacts based on a maximum of 712 dwelling units.
In response to Mayor Pro Tem Evans, Mr. Kueny stated the
School District would own the land on which the school
site was proposed. He reiterated the suggestion for a
Plan B, with a smaller school site and potentially more
homes.
Councilmember Harper stated there were 3 options: 1) 20+
acre school site; 2) reduction of school site to about 10
acres; and 3) elimination of school site with in -fill of
residential development. Mr. Kueny suggested the Council
should later amend the Specific Plan if the "no school"
site option was later proposed.
Michael Greynald, 711 Daily Drive, Suite 110, Camarillo,
representing Morrison- Fountainwood- Agoura, stated he was
amenable to constructing the Spring Road intersection
whichever way the Council determined was appropriate. He
indicated concern with any change to the school site and
requested clarification. He stated he was attempting to
work with the School District.
CONSENSUS: By consensus, the Council indicated preference for
the sweeping curve design for the intersection of Walnut
Canyon and Spring Roads.
In response to Mayor Pro Tem Evans, Mr. Loftus discussed
the Habitat Conservation Plan.
MOTION: Councilmember Harper moved and Councilmember Rodgers
seconded a motion to continue the item to September 15, 1999.
The motion carried 3 -0, Mayor Hunter and Councilmember Wozniak
absent.
AT THIS POINT in the meeting, Councilmember Wozniak returned to the
dais. The time was 7:28 p.m.
Mayor Pro Tem Evans stated that Public Hearing Items 9.B. and 9.C.
would be opened concurrently
B. Consider Zone Ordinance Amendments ZOA 99 -05• Lighting
Standards and ZOA 99 -06: Intermediate Care Facilities in
RO Zone (Single Family Estate). Staff Recommendation:
See Recommendations under Item 9.C.
Minutes of the City Council
Moorpark, California Page 5 September 1, 1999
C. Consider Zone Ordinance Amendments ZOA 99 -07: Permit
Limited Retail Commercial Uses within the C -0 (Commercial
Office) Zone; and ZOA 99 -08: Conversion of Uses from
Residential to Commercial of Office Use. Staff
Recommendation: Recommendations are for Items 9.B. and
9.C. 1) Open and Conduct a Public Hearing, taking
testimony on each proposed Code Amendment; 2) Close the
Public Hearing; 3) Determine that the Proposed Lighting
Regulations qualify for a negative declaration and the
remaining code amendments are EXEMPT under provisions of
CEQA; 4) Approve Ordinance No. adding or amending
provisions to Title 17 (Zoning Ordinance) of the
Municipal Code as described in Exhibits A through D of
Ordinance No. ; 5) Direct staff to return to Council
with a Contract for Professional Services for a City
Lighting Engineer with costs for plan review to be paid
by the applicant including a 15% administrative charge
for contract administration; 6) Direct staff to take
appropriate steps as necessary to implement the 50%
reduction in processing fees for conversion of existing
residential uses /buildings to office or commercial uses
in the Downtown Specific Plan Area only.
Mr. Loftus gave the staff report for Item 9.B., ZOA 99-
06, Intermediate Care Facilities in RO Zone.
Mayor Pro Tem Evans opened the public hearing for Items
9.B. and 9.C. and stated that he would call the public
speakers following separate staff reports for each Zoning
Ordinance Amendment (ZOA) proposed. He further stated
that there were no public speakers for Item 9.B.
Mr. Loftus gave the staff report for Item 9.C., ZOA 99-
07, limited retail commercial uses within the C -0 Zone.
In response to Councilmember Harper, Mr. Loftus explained
that limitations on retail uses in the C -0 Zone are
appropriate to maintain an office district. He suggested
a conditional use permit continue to be required for
certain uses.
Eloise Brown, 13193 Annette Street, urged the Council to
extend the list of limited retail commercial uses that
would be permitted with a zoning clearance. She asked if
the proposed reduction in the processing fee would be
made up with Redevelopment funds.
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Minutes of the City Council
Moorpark, California Page 6
September 1, 1999
Carolyn Miner, 724 Moorpark Avenue, discussed her
personal desire to create a quality antique store /art
gallery on High Street.
Mayor Pro Tem Evans stated it was necessary to find ways
to be more inclusionary to bring more businesses to High
Street.
Mr. Loftus discussed the conversion of residential uses
to office or commercial retail uses in the Downtown
Specific Plan area.
In response to Mayor Pro Tem Evans, Mr. Loftus explained
that appeals of decisions by the Director of Community
Development would be heard by the Planning Commission and
that the standard fee would apply. Mayor Pro Tem Evans
expressed concern that adjacent residents would not be
required to pay 100 percent of the appeal fee, with the
project applicant only paying 50 percent of the standard
processing fee for the permit.
Mr. Loftus gave the staff report for Item 9.B., ZOA 99-
05, lighting standards.
In response to Mayor Pro Tem Evans, Mr. Loftus stated he
would like Council input on lighting standards proposed
and direction for staff to return with a contract for a
lighting engineer and a resolution to reduce fees.
In response to Councilmember Wozniak, Mr. Loftus stated
site plans would show information on lighting, including
impacts of peripheral lighting.
Councilmember Rodgers stated she wanted to clarify for
the record that the City Attorney had advised that she
did not need to leave the dais for ZOA 99 -06, regarding
zoning on Maureen Lane.
In response to Councilmember Rodgers, Mr. Kueny explained
that the zoning designations for Maureen Lane predated
the City. He stated there was no real reason to
distinguish from one lot to another on Maureen Lane.
In response to Mayor Pro Tem Evans, Mr. Loftus stated the
staff report identified other jurisdictions contacted
regarding lighting standards. He further stated that
Planning Commissioner Otto provided expert advice on
lighting standards.
Minutes of the City Council
Moorpark, California Page 7 September 1, 1999
In response to Mayor Pro Tem Evans, Mr. Loftus stated a
guide could be compiled on different projects in town
showing the amount of lighting.
Councilmember Harper indicated he would like to see a
broadened definition of allowed retail commercial uses
under ZOA 99 -07, allowing the Planning Commission
discretion to allow other retail uses in the C -O Zone.
Mr. Kueny suggested language be included as follows: "...
or similar uses as determined by the Director of
Community Development." Mr. Loftus stated he would need
to review the suggested revision to determine whether the
change would require further public notice and a public
hearing.
Mr. Kueny asked if Councilmember Harper was suggesting a
specific use. Councilmember Harper stated he wanted
flexibility to review on a case -by -case basis.
Mayor Pro Tem Evans closed the public hearings on Items
9.B. and 9.C.
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to: 1) Determine that the Proposed Lighting
Regulations qualify for a negative declaration and the
remaining code amendments are exempt under applicable
provisions of CEQA; 2) Direct staff to bring back an ordinance
on September 15, adding or amending provisions to Title 17
(Zoning Ordinance) of the Municipal Code; 3) Direct staff to
return to Council with a Contract for Professional Services
for a City Lighting Engineer with costs for plan review to be
paid by the applicant including a 15% administrative charge
for contract administration; and 4) Direct staff to take
appropriate steps as necessary to implement the 50% reduction
in processing fees for conversion of existing residential
uses /buildings to office or commercial uses in the Downtown
Specific Plan Area only, including appeal fees. The motion
carried 4 -0, Mayor Hunter absent.
AT THIS POINT in the meeting, a recess was declared. The time
was 8:10 p.m. The Council reconvened at 8:20 p.m. with all
Councilmembers present, except Mayor Hunter.
10. PRESENTATION /ACTION /DISCUSSION:
A. Consider Adoption of Resolution Approving Appeal No 90 -1
of the Planning Commission's Decision to Grant
Conditional Use Permit No. 98 -5 Denying a Request by Air
Touch Cellular to Construct Fifteen Communication
Minutes of the City Council
Moorpark, California Page 8 September 1, 1999
Antennae, One Microwave
Foot Equipment Building
(APN. No. 512 -9- 160 -300
Resolution No. 99 -1651 a
decision of the Planning
Use Permit No. 98 -5.
Dish Antenna and a 320 Square
at 13931 E. Los Angeles Avenue
Staff Recommendation: Adopt
pproving Appeal No. 99 -1 to the
Commission, denying Conditional
Mr. Loftus gave the staff report.
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to adopt Resolution No. 99 -1651 approving
Appeal No. 99 -1 to the decision of the Planning Commission,
denying Conditional Use Permit No. 98 -5. The motion carried
4 -0, Mayor Hunter absent.
B. Consider Minor Modification No. 1 to Planned Development
Permit No. 939 Pro osin Construction of a Wrought Iron
Fence and Gates at the Los Angeles Avenue Entrance to
Regal Park Homes (Applicant: Regal Park Homeowners
Association). Staff Recommendation: Adopt Resolution No.
99 -1652 conditionally approving Minor Modification No. 1
to Planned Development Permit No. 939 for installation of
wrought iron vehicle exit gate and wrought iron fencing.
Mr. Loftus gave the staff report.
In response to Mayor Pro Tem Evans, Mr. Loftus stated
curbing could be included on private property to channel
traffic. He explained the proposal to limit ingress.
In response to Councilmember Harper, Mr. Loftus addressed
comments made regarding Title 24. He stated the Council
could incorporate handicapped spaces as a requirement.
In response to Councilmember Rodgers, Mr. Loftus stated
he was unaware of whether the Homeowners' Association
(HOA) had notified all homeowners. He stated the street
running through the site was private property. He
explained that road maintenance would not increase costs,
but the gate would be an additional expense.
Richard Alexander, 4716 Talmadge #308, Vice President of
Board of Director's of the Regal Park HOA, stated the
primary goal was safety, with the secondary goal being
security. He stated a barrier was not necessary. He
stated the residents were notified through the HOA
newsletter. He requested the Council approve the staff
recommendation.
Minutes of the City Council
Moorpark, California Page 9
September 1, 1999
Councilmember Wozniak stated he did not agree that a
barrier was necessary but suggested right -turn only for
exiting the property. He suggested an exit -only sign be
placed on the property.
In response to Councilmember Wozniak, Mr. Alexander
concurred with the exit restriction and indicated he
preferred the simplest option such as signage.
In response to Councilmember Harper, Mr. Alexander stated
the addition of handicapped parking would be acceptable
if other spaces were not eliminated. He stated there was
a parking problem on the property. He stated they were
open to entertaining other options.
Ronald Schnoebelen, 150 Majestic Court, Unit 1014, Regal
Park HOA Board of Director, concurred with the staff
recommendation. He stated signage would limit turning
movements. He stated handicapped parking was a separate
issue, not included in the current resolution. He stated
the HOA newsletter included notification of the Council
meeting.
Terence O'Neill, 150 E. Los Angeles Avenue, #105,
discussed the need for mitigation at the intersection of
Los Angeles Avenue and Moorpark Avenue. He stated the
traffic study shows the intersection to have a Level -of-
Service E. He stated the left -turn lane onto Moorpark
Avenue south from Los Angeles Avenue would be affected by
changing Regal Park access. He stated the current permit
should require the left -turn lane to be lengthened. He
stated there is a need for handicapped parking and
suggested it be included as a condition of the permit.
Michael Secrest, 150 E. Los Angeles Avenue, stated he
lived on the street in question. He stated cars travel
too fast over the speed bumps. He stated there were
issues with safety and privacy. He urged the Council to
allow the HOA to install gates.
Gerald Goldstein, 11932 Los Angeles Avenue, questioned
why handicapped access was not considered before the
project was built.
In response to Mayor Pro Tem Evans, Mr. Kueny stated the
Regal Park Condominium project was approved under County
jurisdiction.
Minutes of the City Council
Moorpark, California Page 10 September 1, 1999
Councilmember Rodgers suggested lengthening the time to
turn left onto Moorpark Avenue. She stated stacking was
also a problem. Mr. Kueny stated there is a relationship
between stacking and length of left turns. He stated
Caltrans would be looking at eliminating left turns from
Flory Avenue, which would allow a longer turn lane. He
stated the intersection should operate at a Level -of-
Service C once improvements were complete.
In response to Councilmember Rodgers, Mr. Gilbert stated
Caltrans had just put in striping to prohibit left turns
from Flory Avenue. He stated Caltrans was not asked to
lengthen the turn lane from Los Angeles to Moorpark
Avenue. Mr. Kueny stated staff would work with Archstone
to speed up resolution of the stacking problem.
In response to Councilmember Harper, Mr. Loftus explained
the proposal to construct a public street on the east
property line that would connect Los Angeles Avenue to
Majestic Court. He discussed the possibility of
relocating the entrance to the Regal Park homes. He
stated the request could be approved on an interim basis
until the public street was constructed. Mr. Kueny
suggested staff meet with the management company and HOA
board to discuss the proposed alternate access via the
proposed new road.
In response to Councilmember Harper, Mr. Kueny stated
compliance with Title 24 would not be triggered by the
request for a gate. He suggested requiring the project
to conform to the Zoning Code standard for handicapped
parking spaces.
Councilmember Harper suggested staff review the traffic
circulation issues and Title 24 compliance and that a
decision be deferred until the next meeting.
Mayor Pro Tem Evans stated he had a difficult time making
a nexus between handicapped parking and the request for a
gate. He stated the condition should not be based on the
other project to the east, due to its uncertainty. He
stated a condition could be included encouraging the use
of the alternate access when it is constructed.
Councilmember Wozniak suggested the issue of handicapped
parking be reviewed by the Affordable Housing and
Community Development Standing Committee. He stated
safety was the most important issue and a decision should
be made on the gate.
Minutes of the City Council
Moorpark, California Page 11 September 1, 1999
Councilmember Rodgers concurred with Mayor Pro Tem Evans
that there was no nexus between handicapped parking and
access. She stated she could move forward with approval
of the gate.
In response to Mayor Pro Tem Evans, Captain Lewis stated
he was involved in the project review process, and that
the knox box requirement was adequate.
In response to Councilmember Harper, Mr. Loftus stated
the project for the adjacent property was scheduled to
come before the Council on September 15, 1999.
MOTION: Councilmember Wozniak moved and Councilmember Rodgers
seconded a motion to adopt Resolution No. 99 -1562
conditionally approving Minor Modification No. 1 to Planned
Development Permit No. 939 for installation of wrought iron
vehicle exit gate and wrought iron fencing and direct staff to
add the issue of handicapped parking to the Affordable Housing
and Community Development agenda. The motion carried by voice
vote 4 -0, Mayor Hunter absent.
C. Consider Date for Joint Meeting with the Parks and
Recreation Commission for Review of the Proposed Arroyo
Vista Community Park Conceptual Master Plan. Staff
Recommendation: Set a date for a joint meeting with the
Parks and Recreation Commission to discuss the proposed
Arroyo Vista Community Park Conceptual Master Plan.
Ms. Lindley gave the staff report.
CONSENSUS: By consensus, the Council determined to direct
staff to schedule a special meeting for September 29, 1999,
with a Closed Session meeting at 5:30 p.m. and a Joint City
Council /Parks and Recreation Commission meeting at 8:00 p.m.
D. Consider Authorizing the City Manager to Sign a
Professional Services Agreement with the Plannin
Consulting Firm of Cotton /Beland Associates for the
Update of the Housing Element and the Safety Element of
the General Plan. Staff Recommendation: Authorize City
Manager to sign a professional services agreement with
Cotton /Beland Associates, Inc. for purposes of preparing
updates to the Safety and Housing Elements for the
Moorpark General Plan.
Mr. Loftus gave the staff report.
Minutes of the City Council
Moorpark, California Page 12 September 1, 1999
In response to Mayor Pro Tem Evans, Mr. Loftus stated he
had not seen a Safety Element challenged and he described
how a Housing Element could be challenged. He stated
Cotton /Beland Associates had not had any Housing Elements
challenged of the 60 they have had certified.
Joe Ahearn, 484 E. Los Angeles Avenue, #214, asked if the
study would have an effect on the development community.
In response to Mayor Pro Tem Evans, Mr. Loftus stated
there would be no impact on the development community
during the preparation time of the Housing and Safety
Elements. He explained the time line for the update.
MOTION: Councilmember Rodgers moved and Councilmember Harper
seconded a motion to authorize the City Manager to sign a
professional services agreement with Cotton /Beland Associates,
Inc., for purposes of preparing updates to the Safety and
Housing Elements for the Moorpark General Plan. The motion
carried by voice vote 4 -0, Mayor Hunter absent.
E. Consider Resolution No. 99 -1653 Amending Resolution No.
93 -983, Pertaining to Parking Restrictions on Poindexter
Avenue just West of Moorpark Avenue, by Revising Said
Parking Restrictions to Facilitate the Installation of
Class II Bike Lanes. Staff Recommendation: Adopt
Resolution No. 99 -1653 amending Resolution No. 93 -983
pertaining to Parking Restrictions on Poindexter Avenue
West of Moorpark Avenue, by extending certain of those
parking restrictions to accommodate the installation of
bike lanes.
Mr. Gilbert gave the staff report.
MOTION: Mayor Pro Tem Evans moved and Councilmember Rodgers
seconded a motion to adopt Resolution No. 99 -1653 amending
Resolution No. 93 -983 pertaining to Parking Restrictions on
Poindexter Avenue West of Moorpark Avenue, by extending
certain of those parking restrictions to accommodate the
installation of bike lanes. The motion carried by voice vote
4 -0, Mayor Hunter absent.
F. Consider Resolution No. 99- Supporting a State
Constitutional Amendment to Allow a Tax for the Funding
of Transportation Purposes with a Majority Vote. Staff
Recommendation: Adopt Resolution No. 99- indicating
the City of Moorpark's support for Senate Constitutional
Amendment No. 3 (SCA3) relating to a majority vote for
transportation related tax increase.
Minutes of the City Council
Moorpark, California Page 13 September 1, 1999
Mr. Nowak gave the staff report.
In response to Councilmember Wozniak, Mr. Nowak stated he
did not have a count of other cities adopting a similar
resolution.
Eloise Brown, 13193 Annette Street, stated the amendment
was a tax. increase. She urged the Council to oppose
SCA3.
Mayor Pro Tem Evans concurred with Ms. Brown and stated
he did not support a majority vote for increasing taxes.
Councilmember Harper stated he would support the
amendment, because he believed in representative
democracy, one person having one vote.
Councilmember Rodgers expressed opposition to SCA3 and
explained the reasons.
Councilmember Wozniak stated he was not in favor of SCA3.
Mr. Kueny suggested the Council take no action.
CONSENSUS: By consensus, the Council determined to take no
action.
G. Consider the Recommendation from the Ventura Council of
Governments Ad Hoc Homeless Committee. Staff
Recommendation: Endorse the recommendations made by the
Ventura Council of Governments Ad Hoc Homeless Committee.
Mr. Nowak gave the staff report.
In response to Mayor Pro Tem Evans, Mr. Nowak stated the
make -up of the committee would be determined by the VCOG
Board. Mayor Pro Tem Evans stated he was concerned with
assigning authority to another layer of bureaucratic
government. He stated it was necessary to have more
information on the make -up and purpose of the committee.
Mr. Kueny explained the issue of homeless in Ventura and
Oxnard. He stated the purpose of endorsing the
recommendations was to allow VCOG to continue to look at
homeless issues to see if there are regional solutions.
Mayor Pro Tem Evans stated his discomfort level was with
the vagueness of the proposal. He stated he did not see
the need for the City to participate at this time. Mr.
. , I .-
Minutes of the City Council
Moorpark, California Page 14 September 1, 1999
Kueny suggested that the City be involved so as to
indicate we would not support use of City of Moorpark
resources for another jurisdiction.
Councilmember Rodgers discussed the homeless in the City
of Moorpark and the problems throughout the County. She
stated, if Redevelopment Housing Set Aside Funds were to
be spent, they should address the problem in Moorpark.
She also stated she would support the development of a
regional strategy.
In response to Councilmember Rodgers, Mr. Nowak stated
the Council's action would be taken back to VCOG at its
September meeting. Councilmember Rodgers suggested
continuing the item to the next meeting to allow Mayor
Hunter, the City's VCOG representative, to explain the
issue.
Councilmember Harper discussed the homeless in Moorpark
and in Ventura County. He stated he could support the
proposal.
In response to Councilmember Harper, Mr. Nowak stated the
pilot program was one that could be determined by each
community.
Councilmember Harper stated moving forward would not
place the City in any risk.
Councilmember Wozniak stated he could probably support
the matter. He stated the committee would allow
brainstorming opportunities. He stated he would not
support using Set -Aside Funds outside the City of
Moorpark.
MOTION: Councilmember Wozniak moved and Councilmember Harper
seconded a motion to endorse the recommendations made by the
Ventura Council of Governments Ad Hoc Homeless Committee. The
motion carried by voice vote 3 -1, Mayor Pro Tem Evans
dissenting and Mayor Hunter absent.
H. Consider Report Concerning the Regional Housing Needs
Assessment (RHNA). Staff Recommendation: Support
existing draft housing allocation numbers or moderate
increase.
Mr. Loftus gave the staff report.
Minutes of the City Council
Moorpark, California Page 15 September 1, 1999
In response to Councilmember Harper, Mr. Loftus explained
that Fillmore had lower RHNA numbers, because it already
had a substantial amount of housing in the lower - income
categories.
In response to Councilmember Harper, Mr. Kueny stated
Westlake Village was not included, because it was not
within the County.
In response to Mayor Pro Tem Evans, Mr. Libiez explained
that 39 percent of the housing units in the region fall
under the low- and very low - income category.
In response to Councilmember Harper, Mr. Libiez explained
the method of determining allocations. He stated the
premise was that all cities would be assigned a fair
share. He also stated that the allocation for Moorpark
has stayed fairly constant from the prior RHNA.
Councilmember Harper requested a printout of the region
and sub - region housing allocations.
In response to Mayor Pro Tem Evans, Mr. Libiez explained
the population statistics included in the SCAG data. He
also identified the average low- and moderate - income
levels in Moorpark.
Mr. Kueny suggested the Council take an action to support
the SCAG numbers. Mr. Loftus explained the credit
received for previously approved affordable units.
Councilmember Harper stated he did not agree with the
methodology that discriminates against cities already
providing affordable housing.
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to not support the existing draft housing
allocation numbers.
In response to Mayor Pro Tem Evans, Mr. Kueny stated the
item would come back agenda. He stated the present
situation was the best the City could get. He stated it
was not realistic to achieve 30 percent affordable
housing in Moorpark. He suggested supporting the numbers
as the best position at this time.
Councilmember Wozniak withdrew the second to the motion.
Minutes of the City Council
Moorpark, California Page 16 September 1, 1999
Mayor Pro Tem Evans stated he could support the staff
recommendation.
Councilmember Rodgers stated she could reluctantly
support the recommendation. She indicated concern
regarding the methodology and the numbers.
Councilmember Harper stated the methodology placed the
burden on the cities who have tried to deal with the
problem. In response to Councilmember Harper, Mr. Kueny
stated the issue could be discussed through the League of
California Cities.
Councilmember Harper withdrew his motion.
MOTION: Mayor Pro Tem Evans moved and Councilmember Rodgers
seconded a motion to support existing draft housing allocation
numbers or a moderate increase. The motion carried by voice
vote 4 -0, Mayor Hunter absent.
I. Consider Request from Moorpark Unified School District to
Proceed with Authorization to Hire the Grant Funded
Deputy for Assignment at Moorpark High School Staff
Recommendation: Confirm hiring subject to grant approval.
Mr. Kueny gave the staff report. He read the compromise
language as follows:
Authorize hiring of the Senior Deputy for the
High School campus, provided that the Moorpark
Unified School District provides written
confirmation that in the event the City does
not receive grant money for the position, the
District will fund the position until it can
be terminated pursuant to the City's contract
with the County of Ventura or until
alternative funding is mutually agreed upon
between the City and the District, whichever
comes first.
Councilmember Harper supported the compromise language.
Gerald Goldstein, 11932 Los Angeles Avenue, requested the
Council to ask what the Teen Council, students and
faculty wanted.
Councilmember Harper stated he had proposed a community
services officer when he served as a School Board member.
He suggested an officer to serve all the schools and work
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Minutes of the City Council
Moorpark, California Page 17 September 1, 1999
where needed. He stated he would support a grant funded
officer as proposed but suggested a community -wide
position in the future.
Mayor Pro Tem Evans discussed the Rotary Club's offer to
donate funds to the position.
Councilmember Rodgers stated an officer on campus was an
excellent idea. She discussed issues of safety, drug
abuse and alcohol abuse on campus. She stated a
uniformed officer would not fully resolve those problems,
but she would support the proposal.
MOTION: Councilmember Wozniak moved and Councilmember Harper
seconded a motion to confirm hiring the deputy subject to
grant approval and the conditions outlined by the City
Manager. The motion carried by voice vote 4 -0, Mayor Hunter
absent.
11. CONSENT CALENDAR:
Mayor Pro Tem Evans stated that his earlier announcement that
he intended to pull Item 11.F. was an error, and that only
Item 11.E. should be pulled from the Consent Calendar.
MOTION: Councilmember Wozniak moved and Councilmember Harper
seconded a motion to approve the Consent Calendar with the
exception of Item 11.E. The motion carried by roll call vote
4 -0, Mayor Hunter absent.
Gm
My
Consider Approval of Warrant Register - September 1
194q
Fiscal Year 1998/99
Voided Warrant 45254
$ (457.40)
Regular Warrants 45255 - 45262 - V $ 82,304.97
Staff Recommendation: Approve the Warrant Register.
Consider Approval of Warrant Register - September 1
1999.
Fiscal Year 1999/00
Manual Warrants 100203 - 100207 &
100295 - 100297 $ 18,905.84
�IA.
Minutes of the City Council
Moorpark, California Page 18 September 1, 1999
Regular Warrant 100299 - 100401 - V $422,101.91
Staff Recommendation: Approve the Warrant Register.
C. Consider Grading Bond Exoneration (Dutton): 6151 Gabbert
Road. Staff Recommendation: 1) Accept the grading
improvements for 6151 Gabbert Road as complete; 2)
Authorize the City Clerk to release the aforementioned
security deposit in the amount of $1,590.00.
D. Consider the Acceptance of Improvements and Surety
Reduction for IPD 97 -1 & 2, Conditional Use Permit (CUP)
97 -1 - Kwik Kar Lube & Tune. Staff Recommendation: 1)
Accept the improvements as complete; and 2) Authorize the
City Clerk to exonerate all grading, drainage, and street
repair sureties.
F. Consider Exoneration of Bond #M102609 and #M102610 for
Subdivision Improvement and Grading of IPD 96 -2 (West
America Construction Corp.). Staff Recommendation: 1)
Accept the improvements as complete; and 2) Authorize the
City Clerk to exonerate the Grading and Street
Improvement Bond.
The following item was pulled from the Consent Calendar for
individual consideration:
E. Consider Rejection of All Bids and Authorize Re-
Advertisement of the Senior Center Expansion Project
Staff Recommendation: Reject all bids received and
authorize staff to re- advertise the Senior Center
Expansion Project.
Mayor Pro Tem Evans stated he pulled the item to receive
a status report.
Mr. Kueny explained that it was difficult to determine if
the bid was appropriate, since only one bid was received.
In response to Mayor Pro Tem Evans, Mr. Kueny stated the
Council committee could make recommendations on potential
adjustments to the bid specifications.
MOTION: Mayor Pro Tem Evans moved and Councilmember Harper
seconded a motion to reject all bids received and authorize
staff to re- advertise the Senior Center Expansion Project and
direct the Affordable Housing /Community Development Committee
to meet to provide recommendations on the project description.
The motion carried by voice vote 4 -0, Mayor Hunter absent.
1 -Y Ca,1-,
Minutes of the City Council
Moorpark, California Page 19 September 1, 1999
12. ORDINANCES:
None.
13. CLOSED SESSION:
None was held.
14. ADJOURNMENT:
MOTION: Councilmember Rodgers moved and Councilmember
Wozniak seconded a motion to adjourn. The motion carried by
voice vote 4 -0, Mayor Hunter absent. The time was 10:43 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
MINUTES OF THE CITY COUNCIL
Moorpark, California September 15, 1999
A Regular Meeting of the City Council of the City of Moorpark was held
on September 15, 1999 in the Council Chambers of said City located at
799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Hunter called the meeting to order at 6:44 p.m.
2. INVOCATION:
Pastor Dave Wilkinson, Moorpark Presbyterian Church, gave the
invocation.
3. 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; Ken Gilbert, Director of Public
Works; Mary Lindley, Director of Community
Services; Dirk Lovett, Assistant City
Engineer; John Whitman, City Traffic Engineer;
Captain Mike Lewis, Sheriff's Department; John
Libiez, Principal Planner; Paul Porter,
Principal Planner; Deborah Traffenstedt, City
Clerk; and La -Dell VanDeren, Deputy City Clerk
5. PROCLAMATIONS AND COMMENDATIONS:
A. Opening Ceremony for Senior Games.
Mayor Hunter announced the Opening Ceremonies for the
Senior Games.
4. PLEDGE OF ALLEGIANCE:
Morrie Abramson led the Pledge of Allegiance.
Mayor Hunter declared the Senior Games open. He administered
the oath to the Senior Games participants.
Minutes of the City Council
Moorpark, California Page 2 September 15, 1999
5.
MF
PROCLAMATIONS AND COMMENDATIONS (Continued)
B. Recoqnize September as PTSA Membership Month.
C.
E.
F.
Mayor Hunter presented the proclamation proclaiming the
month of September 1999, as PTSA month to Beth Grassel.
Recognize Outgoing Teen Council.
Mayor Hunter recognized Outgoing Teen Councilmembers
Ashley Jay Barondess, Jamie Evans, Michael Lipka, Angela
Nunez, John Sherwood, and Lindsay Sanders.
Recognize Country Days Logo Creator /Contest Winner -
Michael Montoya.
Mayor Hunter presented a certificate of recognition
acknowledging Michael Montoya as the Country Days Logo
Creator /Contest Winner.
Presentation by State Senator Cathie Wriaht.
Deferred to follow public comments.
City Manager's Monthly Report.
Deferred to the next meeting.
PUBLIC COMMENT:
Shelia Villata, 530 New Los Angeles Avenue, #111,
Moorpark Party Shop, requested the City Council assist
them in obtaining an encroachment permit to install a
sign in the public right -of -way advertising their shop.
She discussed the problems caused by the closure of
Spring Road.
In response to Mayor Hunter, Mr. Kueny stated the Zoning
Code did not permit off -site advertising and prohibited
signage in the public right -of -way. He stated the
closure of Spring Road would be discussed later in the
meeting, at which time the Council could discuss the
request.
Cas Jairazbhoy, 530 New Los Angeles Avenue, owner of 7-
11, discussed the impact to his business by the closure
of Spring Road. He requested consideration of his
application for a low - interest loan from the Moorpark
Redevelopment Agency.
Minutes of the City Council
Moorpark, California Page 3 September 15, 1999
Bernardo Perez, 4237 Canario Court, discussed affordable
housing requirements and current applications. He
suggested the Council maintain its position of achieving
low- and very low - income affordable housing units.
Gerald Goldstein, 11932 Los Angeles Avenue, suggested
Teen Councilmembers provide input at City Council
meetings. He discussed replay of Council meetings on
Channel 10.
5. PROCLAMATIONS AND COMMENDATIONS (Continued):
E. Presentation by State Senator Cathie Wright
Senator Wright provided an overview of the State Budget.
She explained the infrastructure bank allowing local
governments to apply for funds for repairs.
In response to Councilmember Harper, Senator Wright
stated she did not vote on the bill targeting large
retailers selling grocery products. She stated it should
be a decision made by local government. She stated
Costco and Wal -Mart lobbied against the bill.
In response to Councilmember Evans, Senator Wright
suggested the City express its opposition regarding the
California Youth Authority locating in Happy Camp Park to
the State Director of Youth and Adult Correctional
Agency.
AT THIS POINT in the meeting, a recess was declared to convene
the Redevelopment Agency Meeting. The time was 7:28 p.m. The
Council reconvened at 7:52 p.m. with all Councilmembers
present.
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 he intended to pull Items 11.A. and 11.G.
Councilmember Wozniak stated he intended to pull Item 11.A.,
Minutes of July 7, 1999.
Minutes of the City Council
Moorpark, California Page 4 September 15, 1999
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Mayor Hunter announced Free Land Fill Day to be held September
19. He reminded the community of Country Days on Saturday,
September 25. He stated the Rotary Club Monster Maze would be
open from October 9 - October 31.
9. PUBLIC HEARINGS:
A. Consider Approval of General Plan Amendment No. 95 -2;
Specific Plan 95 -2 /Specific Plan No. 2; Zone Change No.
95 -4; Development Agreement No. 98 -01; Mitigation
Monitoring Program; Statement of Overriding
Considerations. Applicant: Morrison - Fountainwood -A oura,
Moorpark Highlands Specific Plan. (Continued from
September 1, 1999, with Public Hearing Open.) Staff
Recommendation: 1) Conduct a Public Hearing to consider a
Mitigation Monitoring Plan; a Statement of Overriding
Considerations; General Plan Amendment No. 95 -2; Specific
Plan No. 95 -2; and Zone Change No. 95 -4; 2) Close the
Public Hearing; 3) Adopt Resolution No. 99- to adopt
a Mitigation Monitoring Plan, Statement of Overriding
Considerations; General Plan Amendment No. 95 -2, and
Specific Plan No. 95 -2; and 4) Introduce Ordinance No. _
for first reading to adopt Zone Change No. 95 -4.
Councilmember Wozniak left the dais at 7:58 p.m. due to a
potential conflict of interest.
Mr. Libiez gave the staff report.
Michael Greynald, 711 Daily Drive, #110, Camarillo,
stated he was available to answer questions.
In response to Councilmember Harper, Mr. Greynald stated
they agreed to provide driveway access to the La Perch
property.
Mr. Libiez stated the development agreement included
language requiring protection of access to the La Perch
property. He stated that the design of the access should
be addressed at the tract map stage.
In response to Councilmember Harper, Mr. Kueny stated
access to the La Perch property could be provided with a
driveway, to be designed at the tract map stage, and that
a median break would not be appropriate.
Minutes of the City Council
Moorpark, California Page 5 September 15, 1999
In response to Councilmember Harper, Mr. Greynald
explained the agreement with Mr. La Perch regarding the
future driveway.
In response to Mayor Hunter, Mr. Greynald stated
discussions have ensued regarding access with all of the
affected, adjacent property owners. He stated the
development agreement required working with adjacent
property owners to ensure proper access. He stated they
were amenable to providing access.
In response to Mayor Hunter, Mr. Kueny stated the
appropriate time to deal with memorializing the access
issues was at the time of the tract map. He read the
applicable section of the development agreement
pertaining to access requirements. Mr. Greynald indicated
he was agreeable to the language. He stated the
Waterworks District has also requested access.
In response to Councilmember Evans, Mr. Greynald stated
the fencing along the proposed trail would be a two -rail,
low fence made out of concrete, resembling wood,
specifically designed for equestrian use.
In response to Councilmember Harper, Dr. Tom Duffy,
representing the Moorpark Unified School District,
indicated concern with when access would be available to
the school site. He stated it was necessary to continue
to communicate with Mr. Greynald regarding access.
In response to Councilmember Harper, Mr. Libiez explained
the phasing plan. He stated the access to the majority
of the development, including the school site, would
occur in Phase 1.
In response to Councilmember Harper, Mr. Libiez stated
utilities and grading for the school site would be
addressed with the tract map, early in the process.
In response to Councilmember Harper, Mr. Libiez stated no
change to the Specific Plan would be required to
accommodate the School District's concerns about access.
Mr. Kueny stated school site access could be addressed in
the development agreement.
In response to Councilmember Rodgers, Dr. Duffy stated
the school site was still proposed to be a middle school
site.
Mayor Hunter closed the public hearing.
°)OG -13S
Minutes of the City Council
Moorpark, California Page 6 September 15, 1999
MOTION: Councilmember Harper moved and Councilmember Rodgers
seconded a motion to adopt Resolution No. 99 -1654, to adopt a
Mitigation Monitoring Plan, Statement of Overriding
Considerations, General Plan Amendment No. 95 -2, and Specific
Plan No. 95 -2. The motion carried by roll call vote 4 -0,
Councilmember Wozniak absent.
Ms. Kane read the ordinance title for Ordinance No. 262.
MOTION: Councilmember Harper moved and Councilmember Rodgers
seconded a motion to waive further reading. The motion
carried by voice vote 4 -0, Councilmember Wozniak absent.
MOTION: Councilmember Harper moved and Councilmember Rodgers
seconded a motion to declare Ordinance No. 262 introduced for
first reading. The motion carried by voice vote 4 -0,
Councilmember Wozniak absent.
AT THIS POINT in the meeting, Councilmember Wozniak returned
to the dais. A recess was declared to conduct the special
City Council meeting. The time was 8:17 p.m. The Council
reconvened at 8:43 p.m. with all Councilmembers present.
B. Consider Approval of Development Agreement No. 98 -01;
Applicant: Morrison - Fountainwood -A oura, Moorpark
Highlands Specific Plan. Staff Recommendation: 1)
Conduct Public Hearing to consider Development Agreement
No. 98 -01; 2) Close the Public Hearing; and 3) Introduce
Ordinance No. for first reading to adopt Development
Agreement No. 98 -01.
AT THIS POINT in the meeting, Councilmember Wozniak left the
dais due to a potential conflict of interest. The time was
8:43 p.m.
Mr. Libiez gave the staff report.
In response to Councilmember Harper, Mr. Kueny stated
Section 6.24 covered the issue of access for neighboring
properties.
Mayor Hunter opened the public hearing.
Michael Greynald, 711 Daily Drive, #110, Camarillo,
stated he agreed with the provisions of the development
agreement.
Mayor Hunter closed the public hearing.
Minutes of the City Council
Moorpark, California Page 7 September 15, 1999
Ms. Kane read the ordinance title for Ordinance No. 263.
MOTION: Councilmember Harper moved and Councilmember Rodgers
seconded a motion to waive further reading. The motion
carried by voice vote 4 -0, Councilmember Wozniak absent.
MOTION: Councilmember Harper moved and Councilmember Rodgers
seconded a motion to declare Ordinance No. 263 introduced for
first reading. The motion carried by voice vote 4 -0,
Councilmember Wozniak absent.
AT THIS POINT in the meeting, Councilmember Wozniak returned
to the dais. The time was 8:47 p.m.
Mayor Hunter announced that Items 9.C. and 9.D. would be heard
concurrently.
C. Consider Zone Ordinance Amendments ZOA 99 -05• Lighting
Standards and ZOA 99 -06: Intermediate Care Facilities in
RU Zone (single Family Estate).. (Continued from September
1, 1999 with Public Hearing Closed.) Staff
Recommendation: Continue Consideration on Zoning
Ordinance Amendments 99 -05 and 99 -06 to the City Council
Meeting of October 6, 1999.
D. Consider Zone Ordinance Amendments ZOA 99 -07: Permit
Limited Retail Commercial Uses within the C -O (Commercial
Office) Zone; and ZOA 99 -08• Conversion of Uses from
Residential to Commercial or Office Use. (Continued from
September 1, 1999 with Public Hearing Closed.) Staff
Recommendation: Continue Consideration on Zoning
Ordinance Amendments 99 -07 and 99 -08 to the City Council
Meeting of October 6, 1999.
Mr. Kueny recommended Items 9.C. and 9.D. be continued to a
Special Meeting on September 29, 1999 at 7:45 p.m..
MOTION: Councilmember Harper moved and Councilmember Rodgers
seconded a motion to continue Items 9.C. and 9.D. to a special
meeting on September 29, 1999. The motion carried by
unanimous voice vote.
AT THIS POINT in the meeting, a recess was declared. The time
was 8:50 p.m. The Council reconvened at 9:15 p.m. with all
Councilmembers present.
E. Consider Residential Planned Development Permit No 98 -1
and Tentative Tract Map No. 5133 (Far West Homes, LLC.)
Relating to Proposal for 80 Condominium Dwelling Units
and Three Lot Subdivision and the Creation of 80 Air
13 1 -,
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Moorpark, California Page 8 September 15, 1999
Space Condominiums on Approximately 9 21 Gross Acres
located South of Los Angeles Avenue, West of Freemont
Street and North of the Arroyo Simi (Assessor Parcel
Nos.: 506 -0- 020 -48 and -51). Staff Recommendation: 1)
Open the public hearing, accept public testimony; 2)
Review, consider and approve the Mitigate Negative
Declaration and Mitigation Monitoring Program; 3) Require
the applicant to revise plans per Alternative "A" (77
units) and incorporating revisions as in the recommended
conditions of approval; and 4) Continue the public
hearing to a date certain.
Mr. Porter gave the staff report.
In response to Councilmember Evans regarding guest
parking, Mr. Porter stated 242 feet would be sufficient
if automobiles did not block the garage. He stated the
Mirabella project in Mountain Meadows has 20 -foot long
driveways. He discussed the pool area for Pacific
Communities and staff's recommendation for a 12,000
square foot recreational area for the project.
In response to Mayor Hunter, Mr. Porter stated the
project was a condominium project, with private air space
units. He stated the City Council could modify the
Zoning Standards to the extent permitted by the Zoning
Code. He stated the parking standards would be the same
for a condominium or single family residential project.
He stated the same parking standards were being suggested
as were imposed on the Mirabella project.
In response to Councilmember Harper, Mr. Porter stated
the property would be owned by the Homeowners Association
(HOA), but each homeowner would have private use of a
specific private space.
In response to Councilmember Harper, Mr. Libiez described
exclusive use value and the right to utilize the
property. He stated the CC &R's would specify maintenance
responsibilities.
In response to Councilmember Evans, Mr. Porter stated the
applicant had indicated some of the unresolved issues
identified in the staff report could be resolved. He
stated the applicant would provide clarification.
Mayor Hunter opened the public hearing.
Eric Lieberman, 14549 Archwood Street, Van Nuys,
representing Far West Homes, LLC., expressed gratitude to
001 0 0 I
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Moorpark, California Page 9 September 15, 1999
staff for their hard work. He introduced Mr. John
Newton, representing the property owners.
John Newton, 165 High Street, addressed the Council
representing Mr. and Mrs. Burnette, the property owners.
He explained the history, including zoning, for the
property. He explained easements provided by the property
owners. He discussed potential widening of Los Angeles
Avenue. He discussed the sale of the Agency's property
to this developer. He expressed understanding of the
Planning Commission's concerns regarding the housing
product type. He urged the Council to approve the
project.
Mr. Lieberman emphasized that the project was a
condominium project with separated units to create a
single- family feel. He described the site plan and
Planning Commission concerns. He showed a revised site
plan that was developed to address the Planning
Commission concerns. He discussed the plan for
affordable housing units. He stated the benefits
contributed by the project.
Steve Marcedes, 21 Fremont Street, stated his concern was
that of privacy. He requested additional setback and
higher walls.
In response to Mayor Hunter, Mr. Marcedes stated he owned
the second house south of Los Angeles Avenue. He stated
he had a six -foot high wood fence on the property line.
Mark DiCecco, 3922 Harfield Court, representing the
Planning Commission, stated the Commission preferred the
detached project as proposed. He stated the Commission
had concerns as follows: 1) Affordable housing units
should be on -site versus off -site; 2) there should be
safe access for school -aged children; 3) recreational
area adequacy; 4) need for second alternative elevation
per the floor plan; 5) ingress and egress concerns; and
6) "A" Street should be public between Los Angeles Avenue
and Majestic Court. He also stated that the majority of
the Planning Commission felt the front yard setbacks were
inadequate and parking was not sufficient.
In response to Mayor Hunter regarding "A" Street,
Commissioner DiCecco explained that the Commission's
rationale was that since the majority of traffic was
coming from Majestic Court, the new street should be
public until the intersection with Majestic Court. He
also stated that increased landscaping could be provided
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Moorpark, California Page 10 September 15, 1999
with a private street, past the intersection with
Majestic Court.
In response to Mayor Hunter, Mr. Kueny provided an
example of Mira Sol Drive as a private street with only a
sign identifying it as such.
In response to Mayor Hunter, Commissioner DiCecco stated
the Planning Commission reviewed an 80 -unit plan.
In response to Councilmember Harper, Commissioner DiCecco
stated there was minimal discussion regarding Fremont
Street properties at the Planning Commission hearing.
In response to Councilmember Harper, Commissioner DiCecco
stated a hammerhead design would provide greater turn
area than a cul -de -sac. He stated that the issue of
public street versus private street was not a real
concern with the Planning Commission.
In response to Councilmember Evans, Commissioner DiCecco
stated that the issues regarding pedestrian access were
that a pedestrian access easement would take private
space from units and that there were safety concerns.
Mayor Hunter concurred that the pedestrian access would
create a safety issue.
Michael Secrest, 150 E. Los Angeles Avenue, Regal Park
Homeowner, addressed the Council in opposition to the
project due to traffic, noise, and air pollution; reduced
setback requirements; and privacy concerns.
In response to Mayor Hunter, Mr. Lieberman stated the new
plan had 10 -foot setbacks adjacent to Fremont Street and
a 10 -foot high block wall was a requirement.
In response to Councilmember Harper, Mr. Libiez discussed
the possible extension of Majestic Court from Moorpark
Avenue to east of the project site. He stated staff had
not determined any other solutions. He stated it was not
likely that Majestic Court could be extended to Spring
Road, and that an extension to Spring Road had not been
fully studied.
In response to Councilmember Harper, Mr. Kueny explained
why staff has supported "A" Street as a public roadway to
Majestic Court. He also stated that an area of
contribution fee, to construct an extension of Majestic
Court, had not been studied.
Minutes of the City Council
Moorpark, California Page 11 September 15, 1999
In response to Councilmember Rodgers, Mr. Kueny stated
general public access was not necessary south of Majestic
Court. Mr. Porter stated the Fire Department had
reviewed the hammerhead design, and staff received
verification of Fire Department approval.
Mayor Hunter closed the public hearing.
In response to Councilmember Rodgers, Mr. Kueny stated
the applicant's proposal for 79 units was consistent with
the staff recommendation, with the exception of the
larger recreation area that staff is recommending.
Mayor Hunter stated he could not support backing out onto
"A" Street. Mr. Kueny indicated he did not believe off -
street parking is required for the recreation area.
Councilmember Harper recommended focusing on the 77 -unit
project with an enhanced recreational area, including a
tot lot.
Councilmember Evans stated requiring additional
recreational area would affect the price of the homes. He
stated he did not see the need to reduce the number of
units to 77.
Councilmember Wozniak concurred that 79 units would work,
but stated he would like to see a tot lot added to the
turf area of the private recreation lot.
Mayor Hunter discussed the success of the Mirabella
project. He stated concessions must be made to achieve
affordable housing. He stated that making "A" Street
public was a sound idea and would enhance the feeling of
single family homes.
In response to Councilmember Harper, Mr. Libiez explained
the landscaping area that would be provided along the
west side of "A" Street.
CONSENSUS: By consensus, the Council determined that "A"
Street should be public north of Majestic Court and private
south of Majestic Court.
Mr. Kueny stated landscaping on the west side of "A"
Street would be the responsibility of the HOA.
In response to Mayor Hunter, Mr. Porter explained prior
discussions regarding standards for pool sizes.
Minutes of the City Council
Moorpark, California Page 12 September 15, 1999
Councilmember Harper stated placing the tot lot in the
turf area would eliminate all grass areas.
In response to Councilmember Harper, Mr. Kueny discussed
the right -of -ways for the other properties along Los
Angeles Avenue. He stated a 118 -foot width for the right
of way would be consistent with Regal Condominiums and Le
Club Apartments. He explained the future expansion of
Los Angeles Avenue and stated that the median width may
need to be reduced.
Mr. Lovett stated an 11 -foot easement was necessary for
expansion of Los Angeles Avenue, due to the very
expensive utility relocation that would be required on
the other side of the street.
Mr. Kueny stated 11 feet of right of way was necessary
from this project to obtain 118 feet of right -of -way for
Los Angeles Avenue.
Mr. Lieberman described the area for right -of -way, with
the area to be landscaped until widening occurs.
Mr. Lieberman stated the proposal was for 20 feet of
landscaping with the sidewalk, curb, and gutter.
Mr. Kueny stated the Council could approve the landscape
plans so as to minimize the impact. He suggested taking
an irrevocable offer of dedication for the entire area.
In response to Councilmember Harper, Mr. Kueny stated the
landscape plan would need to address wall screening.
In response to Mayor Hunter, Mr. Porter stated the pool
size was consistent with the National standard.
Councilmember Harper requested open space in the
recreational area.
Councilmember Wozniak suggested incorporation of a tot
lot in the recreational area. In response to
Councilmember Wozniak, Mr. Kueny stated staff could be
directed to work on final design approval for the
recreational area.
Mayor Hunter stated staff should be provided certain
parameters. He suggested conceptually approving the
recreational area with direction provided to staff.
Minutes of the City Council
Moorpark, California Page 13 September 15, 1999
Mr. Libiez suggested the possibility of reducing the
meeting room size to increase the open area.
Mayor Hunter stated he felt the meeting room was
necessary.
Councilmember Harper suggested reducing the project by
one unit to increase the recreational area.
Mr. Lieberman discussed the impact of reducing the
project to 78 units. He stated it was not feasible for
the project. He stated residents would utilize back yard
space.
In response to Councilmember Rodgers, Mr. Lieberman
described the flood control right -of -way area.
Mr. Newton stated the project provided pedestrian access
to the Arroyo Simi. He stated, if the Flood Control
District would allow it, they would landscape some of
that area.
Mr. Kueny stated staff could explore the possibility of
an irrevocable offer to the Flood Control District rather
than the District taking title.
Mr. Kueny asked if there was consensus on the tot lot, 4-
foot wide sidewalks plus top of curb along both sides of
the private streets, and landscaping a portion of the
Flood Control District area for recreation purposes.
CONSENSUS: By consensus, the Council determined that the
following should be requirements of the project: A tot
lot, 4 -foot wide sidewalks plus top of curb along both
sides of the private streets, and landscaping a portion
of the Flood Control District area for recreation
purposes.
Mr. Lieberman discussed the affordable housing
requirement. Mr. Kueny stated the affordable housing
condition would reference the floor plan. He stated
affordable housing implementation details would be worked
out later.
In response to Councilmember Evans, Mr. Nowak stated no
determination was made on disposable income.
Mr. Kueny stated other projects had been conditioned to
tie the new property line walls to the existing property
line walls to ensure that there is no gap.
A
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Moorpark, California Page 14 September 15, 1999
Mr. Lieberman concurred with the wall requirements. He
stated they had met with the Regal Park HOA Board Members
to discuss the wall on the west property line. He stated
consensus was to use existing, mature landscaping with a
wrought iron fence.
Councilmember Rodgers discussed the increased noise
created from traffic. Mr. Lieberman stated they would
work with staff and Regal Park.
In response to Councilmember Harper, Mr. Lieberman stated
the concerns of residents on Fremont Street had been met.
Mr. Kueny asked if there was Council consensus that a
wall should be installed on the west property line.
Councilmember Harper suggested the condition allow staff
to work with the applicant and Regal Park on the type of
property line wall.
In response to Councilmember Harper, Mr. Lieberman stated
a tree report was done to review the trees on the
property. He stated the trees were rated and a value
assigned. He stated landscaping would be enhanced to
offset the value of the trees to be removed.
In response to Councilmember Rodgers, Mr. Kueny stated a
disclosure condition could be added regarding homes
adjacent to Los Angeles Avenue regarding future widening.
Mr. Kueny stated staff would make amendments consistent
with the Pacific Communities project to require
pedestrian access be preserved to the maintenance road
along the Arroyo Simi.
Mr. Kueny stated revised conditions of approval could be
brought back to Council on October 6, 1999.
CONSENSUS: By consensus, the Council determined to continue
the item to October 6, 1999.
AT THIS POINT in the meeting, a recess was declared to
reconvene the Redevelopment Agency Meeting. The time was
11:30 p.m. The Council reconvened at 11:32 p.m. with all
Councilmembers present.
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Minutes of the City Council
Moorpark, California Page 15 September 15, 1999
10. PRESENTATION /ACTION /DISCUSSION:
A. Consider Resolution No. 99 -1655 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. (Continued from
September 1, 1999.) Staff Recommendation: 1) Approve the
Traffic Speed Zone Survey and Engineering Study dated
July 1999; and 2) Adopt Resolution No. 99 -1655 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.
In response to Councilmember Wozniak, Mr. Whitman
explained that accidents were one of the issues used to
justify lower speeds.
In response to Mayor Hunter, Mr. Whitman explained the
reason for each speed proposed to be lowered. He stated
the speed limit on Tierra Rejada Road east of Spring Road
was proposed to be 45 miles per hour (mph).
In response to Councilmember Rodgers, Mr. Gilbert
explained the reason for the proposed reduction of speed
on Tierra Rejada Road. Mr. Kueny stated the accident rate
had increased.
In response to Councilmember Harper, Mr. Whitman stated
turning movement related accidents were a result of the
speed on the street. Councilmember Harper suggested
placing flags on changed speed limits signs.
CONSENSUS: By consensus, the Council concurred with the staff
recommendation regarding speed limits on Tierra Rejada Road.
CONSENSUS: By consensus, the Council directed staff to provide
flags on speed limit signs for all streets with changed
speeds.
In response to Councilmember Wozniak, Mr. Gilbert stated
Spring Road would be surveyed again after improvements
were made. Mr. Kueny stated the median on Spring Road
might affect the speed.
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to: 1) Approve the Traffic Speed Zone Survey
and Engineering Study dated July 1999; and 2) Adopt Resolution
No. 99 -1655 Rescinding Resolution No. 97 -1287 and approving
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Minutes of the City Council
Moorpark, California Page 16 September 15, 1999
prima facie speed limits for
approving the posting of speed
The motion carried by unanimous
certain street segments and
limit signs on said streets.
voice vote.
B. Consider Resolution No. 99 -1656 Rescinding Resolution
Nos. 85 -175 and 95 -1119 Pertaining to Parking
Restrictions on High Street and Establishing Revised
Parking Restrictions on Said Street. Staff
Recommendation: Adopt Resolution No. 99 -1656 rescinding
Resolution Nos. 85 -175 and 95 -1119 pertaining to parking
restrictions on High Street and establishing revised
parking restrictions on said street.
Mr. Gilbert gave the staff report.
Councilmember Rodgers stated the bike lanes were very
wide. Mr. Gilbert explained the design was intended to
allow the bike lanes combined with on- street parking.
MOTION: Councilmember Wozniak moved and Councilmember Harper
seconded a motion to adopt Resolution No. 99 -1656 rescinding
Resolution Nos. 85 -175 and 95 -1119 pertaining to parking
restrictions on High Street and establishing revised parking
restrictions on said street. The motion carried by unanimous
voice vote.
C. Spring Road Bridge Reconstruction Status Report. Staff
Recommendation: Receive and file report.
Mr. Gilbert gave the staff report.
In response to Mayor Hunter, Mr. Gilbert stated the
City's position was that the specifications instructed
the contractor on how to deal with problems encountered.
Mayor Hunter stated he wanted to make sure that the City
was cooperating with the contractor and in no way
responsible for the delays. Mr. Gilbert stated the City
was fully cooperative.
In response to Councilmember Harper, Mr. Kueny stated the
Economic Development Committee had discussed the
possibility of signs and mailings.
In response to Councilmember Harper, Mr. Kueny stated
care must be taken with allowing off -site advertising. He
stated signs could be purchased and charged to the
project, to be posted near Science Drive and on New Los
Angeles Avenue. He suggested any mailing be targeted
towards the Peach Hill area and Mountain Meadows.
Minutes of the City Council
Moorpark, California Page 17 September 15, 1999
Councilmember Evans concurred that signs and mailings
were necessary. Mr. Kueny stated staff could bring back
a recommendation on October 6, 1999.
CONSENSUS: By consensus, the Council referred the matter to
the Economic Development Committee and directed staff to bring
back a report on October 6, 1999.
D. Consider a Report on the City of Moorpark Loan to the
Moorpark Boys and Girls Club. Staff Recommendation:
Direct staff as deemed appropriate.
Mr. Nowak gave the staff report.
Councilmember Harper discussed the need to adjust the
loan or lower payments, due to the Boys and Girls Club's
inability to pay off the loan.
Councilmember Evans stated the Boys and Girls Club might
eventually be moved. He stated there was a need to
adjust the loan, lower payments, or forgive the loan.
Scott Mosher, 200 Casey Road, Executive Director of the
Boys and Girls Club, discussed the City's investment in
the Club. He suggested meeting with the City to discuss
the loan.
Mayor Hunter recommended referring the item to the Budget
and Finance Committee.
CONSENSUS: By consensus, the Council referred the matter to
the Budget and Finance Committee.
E. Consider a Report Related to the Proposed Commercial
Recreational Development of a Portion of Southern
California Edison Properties Adjacent to Arroyo Vista
Community Park. Staff Recommendation: Direct staff as
deemed appropriate.
Councilmember Evans explained the concept presented by
Southern California Edison.
Luis Rosales, 4494 Vista Meadow Court, addressed the
Council in opposition to the proposal, due to the impact
to the residents adjacent to Arroyo Vista Community Park.
He discussed potential traffic impacts, size of the
parking lot, and impacts from a driving range, including
Minutes of the City Council
Moorpark, California Page 18 September 15, 1999
run -off. He stated the immediate community did not want
the project adjacent to the City's park. He stated the
project would be better suited adjacent to State Route
118. He requested the Council consider the ramifications.
Bill Moellering, 4492 Cedarglen Court, requested the
Council consider the lighting impacts.
In response to Councilmember Evans, Mr. Kueny explained
that the proposal would require a General Plan Amendment
(GPA). He stated public meetings would be held once the
GPA process began. He explained the first step would be
to determine whether the Council would consider a General
Plan Amendment. Mr. Libiez stated the next deadline was
in November for General Plan Amendment screening.
Councilmember Harper suggested further discussion of the
matter on September 29, 1999. Mr. Kueny suggested
limiting public discussion of the matter due to prior
litigation. Mr. Kueny stated the proposed uses were not
presently allowed in open space zones.
Ms. Kane stated Edison's attorney previously claimed that
the City intended to devalue the property to obtain it
for a City park area. She suggested following the normal
City process to avoid such allegations.
CONSENSUS: By consensus, the Council directed staff to
communicate the GPA screening process to Southern California
Edison.
11. CONSENT CALENDAR:
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to approve the Consent Calendar with the
exception of Items 11.A. and 11.G. The motion carried by
unanimous roll call vote.
B. Consider Approval of Warrant Register - September 15,
1999.
Fiscal Year 1999/00
Manual Warrants
Voided Warrants
100298 &
100402 - 100407
44824 & 44924 &
44934
$ 16,304.45
$ ( 90.00)
Minutes of the City Council
Moorpark, California Page 19 September 15, 1999
Voided Warrant 100489 $ 0.00
Regular Warrants 100411 - 100526 - V $674,504.39
Staff Recommendation: Approve the Warrant Register.
C. Consider Authorizing Recordation of the Notice of
Completion for the Construction of Tennis Courts at
Arroyo Vista Community Park. Staff Recommendation: 1)
Accept the work as complete; 2) Authorize the City Clerk
to file the Notice of Completion for the project; and 3)
Authorize the release of the balance of payment due upon
satisfactory clearance of the thirty -five (35) days
after Notice of Completion records and completion of
close out contractual obligations of contractor.
D. Consider Authorizing Recordation of the Notice of
Completion for North Side Casey Road Pavement
Reconstruction. Staff Recommendation: 1) Accept the work
as complete; 2) Instruct the city Clerk to file the
Notice of Completion for the project; 3) Authorize the
release of the retention upon satisfactory clearance of
the thirty -five (35) day lien period; and 4) Authorize
the cancellation of the $20,000 loan from the MRA for the
subject project.
E. Consider Authorizing Recordation of the Notice of
Completion for Tierra Rejada Road Storm Drain Inlet
Project. Staff Recommendation: 1) Accept the work as
complete; 2) Instruct the City Clerk to file the Notice
of Completion for the project; and, 3) Authorize release
of the retention upon satisfactory clearance of the
thirty five (35) day lien period.
F. Consider Resolution No. 99 -1657 Amendinq the FY 1999/2000
Budget in the Aggregate Amount of $2,145.00 to Fund
Certain Prior Year Engineering Costs Related to the
Construction of Arroyo Vista Community Park (Project
8025). Staff Recommendation: Adopt Resolution No. 99 -1657
amending the FY 1999/2000 Budget in the aggregate amount
of $2,145.00 to fund certain prior year engineering costs
.related to the construction of Arroyo Vista Community
Park.
H. Consider Releasing Conejo Freeway Pro erties, Ltd., and
Simi Moorpark Freeway Properties, Ltd. From Recorded
Improvement Agreement (No. 92- 090631). Staff
Recommendation: Authorize the Mayor to execute and record
the attached "Release of Covenant and Agreement"
releasing Conejo Freeway Properties, Ltd., and Simi
y , �-1 4
Minutes of the City Council
Moorpark, California Page 20 September 15, 1999
Moorpark Freeway Properties, Ltd. from Agreement No. 92-
090631.
The following items were pulled from the Consent Calendar for
individual consideration:
A. Consider Approval of Minutes of Regular City Council
Meetinq of June 2, 1999
Consider Approval of Minutes of Regular City Council
Meetinq of Julv 7. 1999.
Staff Recommendation: Approve minutes as processed.
Mayor Hunter indicated abstention from the minutes of
June 2, 1999, due to not being in attendance.
MOTION: Councilmember Harper moved and Councilmember Rodgers
seconded a motion to approve the minutes of June 2, 1999, as
processed. The motion carried by voice vote 4 -0, Mayor Hunter
abstaining.
Councilmember Wozniak indicated he would abstain from the
minutes of July 7, 1999, due to not being present at the
meeting.
MOTION: Councilmember Harper moved and Councilmember Rodgers
seconded a motion to approve the minutes of July 7, 1999, as
processed. The motion carried by voice vote 4 -0, Councilmember
Wozniak abstaining.
G. Consider a Report on the City's Efforts Related to Year
2000 Compliance. Staff Recommendation: Receive and file
the report.
In response to Mayor Hunter, Mr. Nowak stated the Draft
Emergency Management Plan was being distributed to
Department Heads for review and comment, and would then
be submitted to the State for review. He stated staff
would have three weeks to review the document. He stated
the Plan would be sent to the State for comments at the
end of October.
Mayor Hunter requested the Council receive an update
report on Y2K compliance at the 2nd meeting of each month
until the Year 2000 (Y2K). He suggested the Emergency
Operation Center (EOC) be opened on December 31, 1999, to
utilize the plan and evaluate interface with other
agencies.
Minutes of the City Council
Moorpark, California Page 21 September 15, 1999
Mayor Hunter requested a staff report on the Emergency
Management Plan.
CONSENSUS: By consensus, the Council directed staff to
present a Y2K compliance report at the second meeting of each
month (through the end of the year).
12. ORDINANCES:
None.
13. CLOSED SESSION:
Mr. Kueny announced that the City Council would be going
into closed session for discussion of Items 13.C., 13.1.,
and 13.L. on the agenda.
MOTION: Councilmember Rodgers moved and Councilmember Harper
seconded a motion to adjourn to closed session for a
discussion of Items 13.C., 13.1., and 13.L. on the agenda. The
motion carried by unanimous voice vote. The time was 12:30
a.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)
Minutes of the City Council
Moorpark, California Page 22 September 15, 1999
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)
J. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
The Environmental Coalition of Ventura County vs. City of
Moorpark, the City Council of the City of Moorpark, and
Ventura Local Agency Formation Commission (Case No.
SCO23378)
K. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)
Agency Designated Representative: Steven Kueny
Unrepresented employees: Assistant City Manager,
Administrative Services Manager, City Clerk, Director of
Community Development, Director of Community Services,
Director of Public Works, Finance /Accounting Manager,
Planning Manager, Principal Planner, Recreation
Superintendent, and Senior Management Analyst
L. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Assistant City Manager, City Attorney, City Clerk,
City Manager, City Engineer, Chief of Police, Director of
Community Development, Director of Community Services,
Public Works Director
.. rc.
Minutes of the City Council
Moorpark, California Page 23 September 15, 1999
Present in closed session were all Councilmembers; Steven
Kueny, City Manager; Cheryl Kane, City Attorney; John Nowak,
Assistant City Manager; and Deborah Traffenstedt, City Clerk.
Councilmember Rodgers did not participate in the discussion
for Items 13.C. and 13.1.
Ms. Kane and Ms. Traffenstedt left the meeting at 12:43 a.m.
The Council reconvened into open session at 12:44 a.m. Mr.
Kueny announced that Items 13.C, 13.1., and 13.L. were
discussed in closed session and that there was no action to
report.
14. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 12:45 a.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
MINUTES OF THE CITY COUNCIL
Moorpark, California September 15, 1999
A Special Meeting of the City Council of the City of Moorpark was
held on September 15, 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 8:17 p.m.
2. ROLL CALL:
Present: Councilmembers Evans, Harper, Wozniak, and Mayor
Hunter.
Staff Present: Steven Kueny, City Manager; Cheryl Kane, City
Attorney; John Nowak, Assistant City Manager;
Deborah Traffenstedt, City Clerk; and La -Dell
VanDeren, Deputy City Clerk.
3. PUBLIC COMMENT:
None.
4. PRESENTATION /ACTION /DISCUSSION:
A. Consider Authorizing Reclassification of One Clerical
Aide Position in the City Clerk's Department to
Administrative Aide. Staff Recommendation: Authorize the
City Clerk's Department to reclassify one Clerical Aide
position to an Administrative Aide position to be
effective for the pay period beginning September 25,
1999.
Ms. Traffenstedt gave the staff report.
MOTION: Councilmember Evans moved and Councilmember Harper
seconded a motion to authorize the City Clerk's Department to
reclassify one Clerical Aide position to an Administrative
Aide position to be effective for the pay period beginning
September 25, 1999. The motion carried by unanimous voice
vote.
B. Consider Funding Options for the Moorpark High School
Deputy Position. Staff Recommendation: Direct staff as
deemed appropriate.
() 0 ()' 14
Minutes of the City Council
Moorpark, California Page 2
Mr. Nowak gave the staff report.
September 15, 1999
In response to Mayor Hunter, Mr. Nowak stated the $10,000
donation from the Rotary Club had not yet been received,
but that the offer still stands.
Steve Sill, 12329 Arbor Hill, discussed his involvement
with the Rotary Club and the motivation behind the
creation of the Deputy position for the High School. He
discussed the importance of having a police resource
officer on campus. He urged the Council to support the
position.
Dr. Tom Duffy, representing the Moorpark Unified School
District, discussed the funding contribution to be made
by the School District. He concurred that the intent of
the position was to have a role model, not a security
guard. He discussed security cameras recently installed
at the High School to promote safety.
In response to Councilmember Harper, Dr. Duffy stated
some discussion had occurred regarding utilizing the
officer at the middle schools, although he stated there
was an 8th grade DARE officer. He stated the grant did
not require the officer to exclusively serve the High
School.
Mayor Hunter expressed his continued support to fund the
position. He stated reinforcement of the DARE program
for high school children does not currently occur. He
requested that the Council fund and support the High
School Deputy position.
In response to Councilmember Harper, Mr. Nowak stated
cost savings of $17,000 from the budget could be
allocated to fund the position. He stated the Council
would need to amend the budget to appropriate $18,030 of
General Fund Reserve Funds. He explained how $18,030 was
derived to fund the position for 8 , months.
In response to Mayor Hunter, Captain Lewis stated there
were no savings within his budget to contribute to the
position.
Mr. Kueny stated a mid -year budget report would be
provided to the Council. He suggested the Council direct
Minutes of the City Council
Moorpark, California Page 3
September 15, 1999
that a budget amendment resolution be prepared for the
next meeting.
Mayor Hunter requested the item be referred to the Budget
and Finance Committee for continued work with Captain
Lewis to minimize the cost to the General Fund.
MOTION: Mayor Hunter moved and Councilmember Harper seconded
a motion to direct staff to prepare a resolution for the
October 6, 1999 meeting for a budget amendment and to refer
the matter to the Budget and Finance Committee to determine
any potential for additional cost savings. The motion carried
by unanimous voice vote.
5. CLOSED SESSION:
None.
6. ADJOURNMENT:
Councilmember Evans moved and Councilmember Harper seconded a
motion to adjourn. The time was 8:43 p.m. The motion carried
by unanimous voice vote.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
MINUTES OF THE CITY COUNCIL
Moorpark, California October 6, 1999
A Regular Meeting of the City Council of the City of Moorpark was held
on October 6, 1999 in the Council Chambers of said City located at 799
Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Hunter called the meeting to order at 6:44 p.m.
2. INVOCATION:
Pastor Dave Wilkinson, Moorpark Presbyterian Church, gave the
invocation.
3. PLEDGE OF ALLEGIANCE:
Ms. Lindley led the Pledge of Allegiance.
4. 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; Mary
Lindley, Director of Community Services; Dirk
Lovett, Assistant City Engineer; Captain Mike
Lewis, Sheriff's Department; Wayne Loftus,
Acting Director of Community Development;
Graham Mitchell, Senior Management Analyst;
Deborah Traffenstedt, City Clerk and La -Dell
VanDeren, Deputy City Clerk.
5. PROCLAMATIONS AND COMMENDATIONS:
A. Recognize Moorpark Girls Softball 1999 Southern
California A.S.A. All Star 10 and Under State Champions.
Mayor Hunter recognized the Moorpark Girls Softball Team
as the California A.S.A. All Star 10 and Under State
Champions. Individual proclamations were presented to
each player and the coaches. A plaque was presented to
the City of Moorpark on behalf of Moorpark Girls
Softball.
B. Recognize 1999 Miss Moorpark, Nicole Lipka, and Miss Teen
Moorpark, Hilary Gushwa.
Minutes of the City Council
Moorpark, California Page 2
October 6, 1999
Mayor Hunter presented a certificate of recognition to
Nicole Lipka, Miss Moorpark, and Hilary Gushwa, Miss Teen
Moorpark.
C. Recognize Ride -Share Week: October 4 - October 8, 1999
(Proclamation).
Mayor Hunter presented a proclamation to Ms. Lindley,
Director of Community Services, recognizing Ride -Share
Week, October 4 - October 8, 1999.
D. Recognize Mental Illness Awareness Week: October 3 -
October 9, 1999 (Proclamation).
Mayor Hunter presented a proclamation to Kathleen Payne,
Educator and Past President of the Ventura County
Alliance for the Mentally Ill, recognizing Mental Illness
Awareness Week, October 3 - October 9, 1999.
E. Recognize Donation from Moorpark Tennis Club.
Mayor Hunter introduced Rob Pereira, President of the
Moorpark Tennis Club. Mr. Pereira thanked the Council
and School District for bringing the tennis courts to
fruition. He announced a fundraiser to be held on October
23, 1999 for the American Cancer Society. He announced
the donation of $5,000 to the City of Moorpark for the
tennis backboard and benches. Mayor Hunter presented a
certificate of appreciation to the Moorpark Tennis Club
for its contribution to the Arroyo Vista Community Park
Tennis Court facility.
6. PUBLIC COMMENT:
Gerald Goldstein, 11932 Los Angeles Avenue, expressed
concern regarding locked restrooms at City Hall and the
lack of restrooms at the Metrolink Station.
AT THIS POINT in the meeting, a recess was declared to convene
the Redevelopment Agency. The time was 7:35 p.m. The Council
reconvened at 7:36 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 indicated he intended to pull Item 11.C.
from the Consent Calendar.
Minutes of the City Council
Moorpark, California Page 3 October 6, 1999
Councilmember Harper suggested postponing Item 10.D. to
follow Closed Session.
CONSENSUS: By consensus, the Council determined to reorder
the agenda to consider Item 10.D. after the Closed Session.
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Mayor Hunter announced training for the Disaster
Assistance Response Team (DART), to be held on October 16
and October 23.
Councilmember Evans reminded residents of the Moorpark
Rotary Monster Maze at Tierra Rejada Ranch on the
weekends in October.
9. PUBLIC HEARINGS:
A. Consider Zoning Ordinance Amendment ZOA 99 -05, Lighting
Standards. (Continued from September 29, 1999 with Public
Hearing Closed.) Staff Recommendations: 1) Make a Motion
determining that the proposed Lighting Regulations
qualify for a Negative Declaration under CEQA Rules, and
Adopt said Negative Declaration; and 2) Introduce
Ordinance No. for first reading adding Chapter
17.30, "Lighting Standards" to the Municipal Code as
described in Attachment 1.
Mr. Loftus gave the staff report.
In response to Councilmember Harper, Mr. Loftus explained
that low - pressure sodium lights were proposed to be
prohibited due to their impact on colors and because they
are not complimentary for development projects.
Councilmember Harper stated the advantage of the low -
pressure sodium lights is that such lights would not
interfere with the observatory. Mr. Loftus stated
continued review could occur for use of such lights near
the College.
Councilmember Harper suggested review of the color
temperature of lights.
In response to Mayor Hunter, Mr. Loftus stated low -
pressure sodium lights did not generate less glare. He
also stated the lights were distracting and did not
compliment projects due to poor color perspective.
Mr. Kueny recommended continuance of the item to October
20 as a Presentation /Action /Discussion item.
f r-
Minutes of the City Council
Moorpark, California Page 4
October 6, 1999
CONSENSUS: By consensus, the Council continued the item to
October 20, 1999, as a Presentation /Action /Discussion item.
B. Consider Industrial Planned Development Permit No. 99 -1
and No. 99 -2 (Rice Development) Relating to Construction
of Two (2) Industrial /Warehouse Buildings located on Lots
15 and 16 of Tract No. 3492 on the Northeast Corner of
Condor Drive and Los Angeles Avenue on the Application of
Rice Development LLC (Assessor Parcel Nos. 513 -0- 060 -175
(Lot 15) and 513 -0- 060 -185 (Lot 16). Staff
Recommendations: 1) Open the public hearing, accept public
testimony and close the public hearing; 2) Review,
consider and approve the Negative Declaration; 3) Require
that the applicant obtain approval of a Minor Modification
for the increased square footage not previously reviewed
by the Planning Commission; and 4) Adopt Resolution No.
99 -1658 approving Residential Planned Development Permit
No. 99 -1 and No. 99 -2 with Conditions of Approval.
Mr. Loftus gave the staff report.
In response to Councilmember Harper, Mr. Loftus stated the
Planning Commission did not review the request for the
expanded mezzanine level. He stated a condition was
included that the site plan be modified and he clarified
that the parking and landscaping meet code requirements.
He stated that the Council had received the revised site
plan.
Mayor Hunter opened the public hearing.
Vince Dyer, 9100 Wilshire Boulevard No. 362W, Beverly
Hills, the project architect representing Rice
Development, indicated agreement with the conditions of
approval.
Mayor Hunter closed the public hearing.
MOTION: Councilmember Evans moved and Councilmember Harper
seconded a motion to approve the Negative Declaration and adopt
Resolution No. 99 -1658 including approval of increased square
footage. The motion carried by unanimous voice vote.
C. 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. Applicant:
Manual Asadurian (Assessor Parcel No. 512 -0- 131 -070).
Staff Recommendation: 1) Open the public hearing, accept
Minutes of the City Council
Moorpark, California Page 5 October 6, 1999
testimony and close the public hearing; 2) Review,
consider and approve the Negative Declaration; and 3),
Adopt Resolution No. 99- approving Residential
Planned Development Permit No. 99 -1 and Tentative Tract
Map No. 5181.
Mr. Loftus gave the staff report.
In response to Mayor Hunter, Mr. Loftus stated staff had
requested information relative to design alternatives for
the street improvement and undergrounding of overhead
utilities. He stated staff was unclear, if overhead
utilities were retained, how service would be provided to
the site. He stated additional poles might be necessary if
undergrounding did not occur.
In response to Councilmember Evans, Mr. Loftus explained
the four alternatives, consistent with State Redevelopment
Law, regarding affordable housing requirements. He
summarized the alternatives as identified in the staff
report.
Councilmember Harper suggested a fifth alternative to make
all eight housing units affordable with assistance by use
of City or Agency funds from buyouts of other approved
projects.
Joe Ahearn, Acres Realty, 484 E. Los Angeles Avenue, No.
214, representing the applicant, summarized the project
background. He discussed the problem with undergrounding
of utilities and stated it would cost over $75,000. He
discussed the knuckle requirement for street
configuration. He stated the Planning Commission had
voted against the reconfiguration of the street. He
suggested construction of a masonry wall, slumpstone or
wrought iron combination, adjacent to the school, with
wrought iron and slumpstone between the homes. He
discussed their preference to not have windows on the side
elevations.
In response to Mayor Hunter, Mr. Ahearn discussed the two
homes proposed to front on Bard Street and indicated
agreement with the inclusion of a no parking area along
part of this frontage.
Mr. Ahearn requested the City Council allow moderate
income affordable housing for the site to meet its
requirement. He requested the Transportation Systems
Management (TSM) Fee be $1,000, which was comparable to
Minutes of the City Council
Moorpark, California Page 6
October 6, 1999
the fee imposed on the Peach Hill LLC project. He also
requested a waiver of the Citywide Traffic Fee.
Councilmember Wozniak stated the letter from Southern
California Edison was not specific regarding
undergrounding of the utilities. He stated he would not
support adding more poles. He requested more specific
information on the cost of undergrounding. He stated he
did not have adequate information to make a decision.
In response to Councilmember Harper, Mr. Kueny stated the
funds accumulated for undergrounding of utilities were
committed to a project on Los Angeles Avenue. He suggested
a compromise that the two wooden poles on Millard Street
be removed and replaced with a standard street light pole.
He also stated the pole on the Bard Street frontage should
be removed and onsite utilities should be undergrounded.
In response to Councilmember Harper, Mr. Kueny stated the
suggested street design was recommended in order to
conform to City standards and would allow street sweeping.
Mr. Loftus explained the staff recommendation for the
street reconfiguration was due to increased traffic. He
stated the modified knuckle design could possibly avoid
any taking of land from Flory School and relocation of the
fire hydrant. .
In response to Mayor Hunter,
design would create a safer
traffic passage.
Mr. Loftus stated the knuckle
situation for bicyclists and
In response to Mayor Hunter, Mr. Lovett stated less
traffic would occur on the streets in the Cabrillo Gisler
Field project where a non - standard design was approved. He
explained that the Planning Commission recommended
maintaining the existing street configuration on the
subject project.
In response to Councilmember Evans, Mr. Loftus explained
that the Planning Commission thought the current design
was working.
Mr. Kueny stated staff preferred an adequate street design
and suggested, if necessary, that the Council consider
reducing affordable housing requirements as a trade -off.
In response to Councilmember Harper, Mr. Loftus stated Dr.
Duffy, of the Moorpark Unified School District, had not
Minutes of the City Council
Moorpark, California Page 7
October 6, 1999
provided comments. He stated the pedestrian access to
Flory School would not be affected.
In response to Councilmember Harper, Mr. Kueny stated the
walls in the area would be for the benefit of the property
owners. He stated the proposed wall would not impact
access to the school.
Councilmember Harper recommended against the use of wood
fences. He suggested masonry walls or a combination of
block wall and wrought iron.
Councilmember Wozniak concurred with Councilmember Harper
regarding wall material.
Mr. Loftus suggested masonry sideyard walls, with a
combination of wrought iron and slump stone where
appropriate.
CONSENSUS: By consensus, the Council directed staff to work
with the applicant on the possible combination of wrought iron
and slump stone walls.
In response to Councilmember Wozniak, Mr. Kueny suggested
fees be consistent with those recently imposed on other
similar projects.
Mr. Loftus stated the fees were consistent with other
approved projects. He stated the TSM Fee was modified for
Peach Hill LLC to be $1,000.
Mr. Kueny stated the Peach Hill project was not
conditioned to pay the affordable housing fee. He stated
moderate - income affordable housing units were not counted
towards meeting the City's Redevelopment area requirement.
Mr. Ahearn stated the sales price for a low - income unit
was $146,000 and for a moderate income unit was $199,000.
He stated the anticipated selling prices would need to be
over $200,000 based on the cost to develop, including
fees.
Councilmember Harper stated all residential projects
throughout the City should pay the same fees if the
impacts are the same. He suggested all eight units be
affordable.
Councilmember Wozniak stated $1,000 per dwelling unit was
adequate for the TSM Fee.
Minutes of the City Council
Moorpark, California Page 8
October 6, 1999
CONSENSUS: By consensus, the Council set the TSM Fee at $1,000
per dwelling unit.
Mr. Kueny stated staff was looking up the Citywide Traffic
Fee for the Peach Hill LLC project.
Mayor Hunter suggested tabling discussion on citywide fees
and continue discussion of affordable housing.
Mr. Kueny explained the possible considerations for
affordable housing.
Councilmember Rodgers discussed the need for low - income
housing. She stated she was personally intrigued by
Councilmember Harper's suggestion for requiring all eight
units to be affordable.
In response to Mayor Hunter, Mr. Kueny stated it was
necessary to determine the developer's obligation. He
explained Redevelopment Area affordable housing
requirements.
Councilmember Rodgers suggested requiring a minimum of one
low - income dwelling unit, with further exploration of
requiring all eight units to be affordable.
Mr. Kueny stated an incentive could be provided, allowing
staff to work with the applicant.
Mr. Ahearn suggested deferring decision on the matter to
allow the applicant to explore the cost of the modified
knuckle, undergrounding and to meet with the Morrison
Group to discuss affordable housing, with the item brought
back in 30 days.
Mr. Kueny stated the Specific Plan No. 2 project had no
off -site affordable housing requirement. He stated it was
appropriate for the applicant to meet with staff to
discuss the remaining issues.
Mayor Hunter supported the creation of an ad hoc
committee.
MOTION: Mayor Hunter moved and Councilmember Evans seconded a
motion to appoint an ad hoc committee of Councilmember Harper
and Councilmember Rodgers to address all issues related to RPD
99 -1, Tract 5181. The motion carried by unanimous voice vote.
Minutes of the City Council
Moorpark, California Page 9
October 6, 1999
MOTION: Councilmember Evans moved and Councilmember Harper
seconded a motion to continue the public hearing open to
November 3, 1999. The motion carried by unanimous voice vote.
D. Consider Resolution No. 99 -1659 to Establish a Schedule
of Land Use Development Processing Fees for Projects
within the Downtown Specific Plan Area, and Rescinding
Resolution No. 98 -1551. Staff Recommendation: Adopt
Resolution No. 99 -1659 adopting Revisions to the Schedule
of Land Use Development Preliminary Processing Fee
Deposits.
Mr. Loftus gave the staff report.
MOTION: Councilmember Evans moved and Councilmember Harper
seconded a motion to adopt Resolution No. 99 -1659 adopting
revisions to the Schedule of Land Use Development Preliminary
Processing Fee Deposits. The motion carried by unanimous voice
vote.
AT THIS POINT in the meeting, a recess was declared. The time
was 9:04 p.m. The meeting reconvened at 9:28 p.m.
10. PRESENTATION /ACTION /DISCUSSION:
A. Consider Habitat for Humanity presentation.
Teresa Romney, Habitat for Humanity, introduced Site
Selection Chairman Milt Radant and Committee Chair for
Site Selection, Ed Wallach. Ms. Romney provided an
overview of Habitat International, including a video
presentation. She discussed Habitat projects within
Ventura County.
In response to Councilmember Harper, Ms. Romney stated
two homes were constructed in Thousand Oaks, two in
Camarillo, three in Ojai and four in the Piru /Fillmore
area.
In response to Councilmember Harper, Ms. Romney stated
they were requesting the City possibly donate land and
assist with the permits.
Councilmember Harper requested possible identification of
a lot be placed on a future agenda.
CONSENSUS: By consensus, the Council directed staff to
schedule a future agenda item to discuss potential sites for a
Habitat for Humanity project.
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Moorpark, California Page 10
October 6, 1999
B. Consider Report on Options for Processing a Comprehensive
General Plan and Zoning Code Work Program. (Continued
from August 18, 1999). Staff Recommendation: Direct staff
as deemed appropriate.
Mr. Kueny indicated the staff report was previously
presented.
In response to Councilmember Harper, Mr. Loftus suggested
the Council determine if the existing General Plan still
provided the vision for community growth. He stated it
was the Council's discretion to amend or leave the
General Plan as is. He stated a consultant was being
used for the Housing and Safety Elements. He stated the
draft OSCAR Element was almost complete. He stated
recruitment was underway for a Senior or Principal
Planner and a Planning Manager.
In response to Mayor Hunter, Mr. Loftus stated if
recruitment was successful, the Principal or Senior
Planner would be hired by the end of the year and that it
might take approximately four months to fill the position
of Planning Manager.
Mayor Hunter suggested the Council receive and file the
item until the positions were filled. He requested
information on the time sensitive matters.
CONSENSUS: By consensus, the Council received and filed the
report and directed staff to provide a mail box item on time
sensitive General Plan updates.
C. Consider Establishment of a Business Emergency Loan
Program and Resolution No. 99 -1660 Appropriating $100,000
from the Los Angeles Area of Contribution for Businesses
within the Gateway Plaza and Moorpark Plaza Shopping
Centers. Staff Recommendation: 1) Approve the creation of
the Business Emergency Loan Program; 2) Activate the
Business Emergency Loan Program for businesses in the
Gateway Plaza and Moorpark Plaza Shopping Centers; and
3) Adopt Resolution No. 99 -1660 Amending Fiscal Year
1999/2000 Operating Budget by appropriating $100,000
from the Los Angeles Area of Contribution for the
Business Emergency Loan Program. (ROLL CALL VOTE
REQUIRED.)
Mr. Mitchell gave the staff report.
Councilmember Evans stated the owner of 7 -11 Store was at
the meeting but needed to leave. He stated he had
Minutes of the City Council
Moorpark, California Page 11 October 6, 1999
requested some language be included that if some special
need could be demonstrated, the length of the loan could
be modified.
Councilmember Harper stated the duration of the loan was
recommended by staff. He suggested a duration of five
years or as determined by the City Manager.
Councilmember Evans concurred with allowing flexibility.
Mr. Kueny stated he felt five years was sufficient to
begin with to determine how the loan program worked.
Councilmember Rodgers stated five years was adequate. She
stated it was also necessary to include a requirement
that the business must be registered with the City.
Mr. Kueny questioned whether the Council intended that
the business have a valid business registration for the
12 -month period or be currently registered.
CONSENSUS: By consensus, the Council determined that the
business must have a current business registration, which must
remain in effect for the duration of the loan.
MOTION: Councilmember Evans moved and Councilmember Harper
seconded a motion to approve the Modified Business Emergency
Loan Program and adopt Resolution No. 99 -1660, amending Fiscal
Year 1999/2000 Operating Budget by appropriating $100,000 from
the Los Angeles Area of Contribution Fund for the Business
Emergency Loan Program. The motion carried by unanimous roll
call vote.
D. Consider the Requirement for Reciprocal Access through
Mission Bell Plaza to Liberty Bell by Westgate Plaza
(Parcel Map 5056 and CPD 96 -2). Staff Recommendation:
Direct staff as deemed appropriate.
Mayor Hunter announced that the Council previously agreed
to reorder the item to follow Closed Session.
E. Consider Bids for the Construction of Miscellaneous Curb,
Gutter and Sidewalk Construction. Staff Recommendation:
1) Adopt Resolution No. 99 -1661 approving an amendment to
the FY 1999/2000 Budget for the subject project revising
the current year appropriation and budget for the subject
project (Fund 2605 - Gas Tax: $39,700 increase; Fund 1000
- General Fund: $10,800 increase); 2) Award a contract
to Channel Islands Paving in the amount of $61,830.75 for
the construction of the subject project; 3) Approve a
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Minutes of the City Council
Moorpark, California Page 12
October 6, 1999
construction contingency in the amount of $6,183.00 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. Gilbert gave the staff report.
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to 1) Adopt Resolution No. 99 -1661 approving
an amendment to the FY 1999/2000 Budget for the subject
project revising the current year appropriation and budget for
the subject project (Fund 2605 - Gas Tax: $39,700 increase;
Fund 1000 - General Fund: $10,800 increase); 2) Award a
contract to Channel Islands Paving in the amount of $61,830.75
for the construction of the subject project; 3) Approve a
construction contingency in the amount of $6,183.00 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.
F. Consider Revisions to City Council Policies Resolution
and City Council Rules of Procedure for Council Meetings
Resolution. Staff Recommendation: Direct staff to bring
back draft resolutions, incorporating City Council
recommended revisions, for consideration at the October
20, 1999, regular meeting.
Councilmember Evans discussed nominations to City
Commissions. He suggested the Mayor indicate his
intended nominations, with a delay in action to allow the
remainder of the Council time to consider the
nominations.
Councilmember Wozniak concurred that some modification
was necessary.
Mayor Hunter stated it might be inconvenient for the
applicants if the vote were delayed. He stated he was
willing to share his nominees and reasons for nominating.
He suggested not delaying votes on the nominees.
Councilmember Harper stated he would prefer to not have a
delay in the appointment. He stated he would like to hear
the Mayor's recommendation and then vote on the slate or
individuals.
Minutes of the City Council
Moorpark, California Page 13
October 6, 1999
Councilmember Evans stated he was opposed to voting on a
slate. He requested alternates also be identified, two
alternates when applicable.
Mayor Hunter stated the alternates might be offended.
Councilmember Evans stated the process was to make a
decision at the dais.
In response to Councilmember Rodgers, Ms. Kane stated any
list of nominees provided to the Council before the
meeting would be a public document.
Councilmember Harper stated the Mayor has the authority
to appoint the members, with concurrence of the Council.
He suggested the Mayor indicate the five nominees with
the rationale, then a vote be taken upon each.
Mayor Hunter stated directly elected Mayors have a
greater authority. He proposed Policy 5.10.B read: "The
Mayor shall make a motion putting forth five names to be
approved for appointment," and Policy 5.10.0 read: "A
second shall be required on each individual nominee."
Councilmember Evans suggested that the Mayor announce the
full list of names in the order that he proposed to
individually nominate the candidates.
Mayor Hunter stated that he agreed with that amendment.
Mr. Kueny stated the number of appointments would vary
and no specific number should be included in the
resolution.
CONSENSUS: By consensus, the Council directed staff to bring
back a draft resolution at the October 20, 1999 meeting.
G. Consider Response from California Transportation
Commission Concerning Prohibiting Trucks on State Route
118 from State Route 23 West to State Route 126. Staff
Recommendation: Direct staff as deemed appropriate.
Mr. Kueny gave the staff report.
Mayor Hunter stated he had met with Congressman Gallegly
to solicit his support on achieving the objective of
reducing truck traffic on State Route (SR) 118. He
stated the matter before the Council was a response to
the City's letter, indicating the necessary steps to
achieve the City's objective.
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Moorpark, California Page 14
October 6, 1999
Councilmember Harper recommended continuing the process.
Shirley Micarelli, 639 Manzanita Drive, Fillmore,
Chairperson for California Trucking Association (CTA),
stated she had been informed of the agenda item just
prior to the meeting. She stated SR 118 was the most
direct route. She asked if truck size classification had
been considered, which may affect local deliveries. She
mentioned the employment in the trucking industry and
discussed improved safety. She stated they were willing
to work with the City on the matter.
In response to Mayor Hunter, Ms. Micarelli stated trucks
use SR 118 because it is the shortest, most direct route
from the Interstate Highway System.
In response to Councilmember Evans, Ms. Micarelli stated
the CTA could work with the City on the possibility of
bypass or truck lanes. She stated they supported truck
safety and truck scales. She stated the shortest, most
direct routes were used to maintain profits.
Mayor Hunter stated the issue was not just based on
quality of life. He stated trucks also impact public
safety and other programs. He stated businesses were
impacted due to truck traffic on Los Angeles Avenue. He
stated the loss of sales tax was detrimental to the City.
In response to Mayor Hunter, Ms. Micarelli stated she
would obtain new truck traffic figures for SR 126.
Councilmember Rodgers stated the disadvantage of truck
lanes would be the difficulty in accessing driveways if
the right lane were used.
Councilmember Harper stated SR 118 to the west of the
City was a farm road and did not have the capacity for
the truck volumes.
Councilmember Wozniak stated it was necessary to do
something about truck traffic before additional
fatalities occur.
Councilmember. Evans suggested the Council receive and
file the report and direct staff to compile information
required for the resolution to initiate the process.
Mayor Hunter stated the strategy must also place emphasis
on the roadway west of Moorpark and the economic impact.
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Moorpark, California Page 15
October 6, 1999
Mayor Hunter stated the road structure west of town was
antiquated and not built to the same standards as current
road standards. He explained the type of information he
was requesting.
Mr. Gilbert stated the process might require hiring a
consultant.
Mayor Hunter stated it was a priority and staff should
compile the information.
Councilmember Evans concurred that it was a priority and
staff time would be appropriately spent compiling the
information required.
Mayor Hunter suggested a report back to the Council.
Councilmember Harper stated the County should have the
necessary data.
Mayor Hunter stated information on sales tax was
available.
In response to Mayor Hunter, Ms. Traffenstedt indicated 1
written statement card was received in support from:
Cheri Ackermann, 4172 Willow Creek Lane
Ms. Traffenstedt indicated 1 written statement card was
received in opposition from:
David Grande, 9933 Lakevista Street, Ventura
CONSENSUS: By consensus, the Council directed staff to begin
working on the documents and reports required by the Local
Agency Truck Restriction Process and to bring back a status
report in two months.
H. Consider a Reduction in Fee for Rental of the Arroyo
Vista Community Park Tennis Courts for a Fundraiser
Hosted by the Moorpark Tennis Club Staff
Recommendation: Direct staff as deemed appropriate.
Ms. Lindley gave the staff report.
Robert Pereira, representing the Moorpark Tennis Club,
P.O. Box 491 Simi Valley, discussed the reason for
selecting the American Cancer Society for the fundraiser.
He requested the Council approve the fee waiver.
0 '1 -1- A.
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Moorpark, California Page 16
October 6, 1999
Ms. Traffenstedt indicated 4 written statement cards were
received in support of the request from:
Donna Lucky, Moorpark Tennis Club
Rob Pereira, Moorpark Tennis Club
Georganne Norton, Moorpark Tennis Club
Cheryl Ackermann, Moorpark Tennis Club
MOTION: Councilmember Harper moved and Councilmember Evans
seconded a motion to approve a fee waiver for October 23,
1999.
Ms. Lindley discussed the conflict with classes. She
suggested one court be available for the classes and also
one court available for the public.
AMENDMENT: Mayor Hunter suggested an amendment to the motion
to maintain one court open for classes and one court for
public use. The maker of the motion and the second accepted
the amendment.
The amended motion carried by unanimous voice vote.
11. CONSENT CALENDAR:
MOTION: Councilmember Wozniak moved and Councilmember Harper
seconded a motion to approve the Consent Calendar with the
exception of Item No. 11.C. The motion carried by unanimous
roll call vote.
A. Consider Approval of Minutes of Special City Council
Meeting of July 21, 1999.
Consider Approval of Minutes of Regular City Council
Meeting of July 21, 1999.
Consider Approval of Minutes of Special City Council
Meeting of August 18, 1999.
Staff Recommendation: Approve minutes as processed.
B. Consider Approval of Warrant Register - October 6, 1999.
Fiscal Year 1999/00
Manual Warrants
Voided Warrant
100408 - 100410 & $ 29,458.33
100527 - 100535 43,622.32
100616 & 100620 $ 0.00
Minutes of the City Council
Moorpark, California Page 17 October 6, 1999
Regular Warrants 100536 - 100647 V $421,047.91
Staff Recommendation: Approve the Warrant Register.
D. Consider Resolution No. 99 -1662 Amending the FY
1999/2000 Operating Budget by Appropriating $11,600 from
Various Funds to Purchase Laptop Computers and
Declaration of Surplus Property. Staff Recommendation: 1)
Adopt Resolution No. 99 -1662 Amending the FY 99/00
Operating Budget by appropriating $11,600 from various
funds for the purchase of laptop computers and declaring
three existing laptop computers as surplus property.
(ROLL CALL VOTE REQUIRED.)
E. Consider Resolution No. 99 -1663 Amending the FY 1999/00
Operating Budget by Appropriating $18,030 from the
General Fund Reserve to Fund the High School Deputy
Sheriff. Staff Recommendation: Adopt Resolution No. 99-
1663 amending the FY 1999/00 Budget related to the school
Deputy Sheriff. (ROLL CALL VOTE REQUIRED.)
F. Consider the Addition of a Code Enforcement Officer I or
Code Enforcement Officer II Position and Reclassifying
the Management Analyst Position in the Administrative
Services Dept. to a Senior Management Analvst position.
Staff Recommendations: 1) Authorize the additional of a
Code Enforcement Officer I or Code Enforcement Officer II
position, at the City Manager's discretion, and
elimination of the Code Enforcement Intern position in FY
99/00; and 2) Authorize the reclassification of the
Management Analyst position in Administrative Services to
a Senior Management Analyst position. (ROLL CALL VOTE
REQUIRED.)
G. Consider Resolution No. 99 -1664 Amending the Salary Plan
for Competitive Service, Non-Competitive Service, and
Hourly Employees and Rescinding Resolution No. 99 -1634.
Staff Recommendation: Adopt Resolution No. 99 -1664.
H. Consider Request to Export 13,000 Cubic Yards of Soil
from Tentative Tract 4977 and Import and Stockpile to
Tentative Tract 4976, in Conjunction with Early Grading
for Model Homes (Lennar Homes). Staff Recommendations: 1)
Approve the transportation of 13,000 cubic yards of soil
from Tract 4977 to Tract 4976 as shown in the model home
complex plan and the export /import plan, subject to and
as revised pursuant to the conditions contained herein;
and 2) Approve an early grading agreement for the model
home complex in Tract 4976.
Minutes of the City Council
Moorpark, California Page 18 October 6, 1999
I. Consider Resolution No. 99 -1665 Designating Laurelview
Drive to be a Through Street in the Vicinity of
Flowercreek Drive, and Directing the Placement of a Stop
Sign at the Flowercreek Drive Entrance Thereto. Staff
Recommendation: 1) Adopt Resolution No. 99 -1665 making
certain findings and directing the placement of a STOP
sign for westbound traffic on Flowercreek Drive at the
intersection of Flowercreek Drive and Laurelview Drive.
The following item was pulled from the Consent Calendar for
individual consideration:
C. Consider Resolution No. 99 -1666 for Residential Planned
Development Permit No. 98 -01 and Tentative Tract Map No.
5133 (Far West Homes, LLC.) Relating to Proposal for 80
Condominium Dwelling Units and Three Lot Subdivision and
the Creation of 80 Air Space Condominiums on
Approximately 9.21 Gross Acres located South of Los
Angeles Avenue, West of Freemont Street and North of the
Arroyo Simi (Assessor Parcel Nos.: 506 -0- 020 -48 and 51).
Continued from September 15, 1999 meeting.) Staff
Recommendations: 1) Review, consider, and approve the
Mitigated Negative Declaration and Mitigation Monitoring
Program; and 2) Adopt Resolution No. 99 -1666 approving
Residential Planned Development Permit No. 98 -01 and
Tentative Tract Map 5133.
Mayor Hunter stated he pulled the item because Condition
No. 72 was struck in error. Mr. Loftus indicated the
condition referred to the opportunity for an alternative
access from the future "A" Street to the Regal Park
Condominium project. He stated a portion of the
condition was inadvertently shown for deletion.
Mr. Kueny stated Condition No. 31.P should be revised to
read as follows: "Along Los Angeles Avenue, the developer
shall irrevocably offer to dedicate for street purposes
all of the property north of the final location of the
north property line wall. The amount of property needed
for the right of way for Los Angeles Avenue and the
location of the sidewalk shall be as determined by the
City Engineer and Director of Community Development,
except that the right of way shall not exceed 20 feet,
except up to an additional 5 feet may be added as
required by the Director with a reduction of up to 5 feet
in the size of the recreation lot. The developer shall
landscape the area north of the wall not required for
street improvement and sidewalks."
The Council concurred with the proposed language.
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Minutes of the City Council
Moorpark, California Page 19
October 6, 1999
CONSENSUS: By consensus, the Council tabled the item.
13. CLOSED SESSION:
Ms. Kane announced that the Council would be going into Closed
Session for discussion of Item 13.B.
MOTION: Councilmember Harper moved and Councilmember Rodgers
seconded a motion to adjourn to Closed Session for a
discussion of Item 13.B. on the agenda. The motion carried by
unanimous voice vote. The time was 11:05 p.m.
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of
Section 54956.9 of the Government Code: (Number of cases
to be discussed - 4)
The Council reconvened into open session at 11:35 p.m. with
all Councilmembers present.
11. CONSENT CALENDAR: (Continued)
C. Consider Resolution No. 99 -1666 for Residential Planned
Development Permit No. 98 -01 and Tentative Tract Map No.
5133 (Far West Homes, LLC.) Relating to Proposal for 80
Condominium Dwelling Units and Three Lot Subdivision and
the Creation of 80 Air Space Condominiums on
Approximately 9.21 Gross Acres located South of Los
Angeles Avenue, West of Freemont Street and North of the
Arroyo Simi (Assessor Parcel Nos.: 506 -0- 020 -48 and 51).
Continued from September 15; 1999 meeting.) Staff
Recommendations: 1) Review, consider, and approve the
Mitigated Negative Declaration and Mitigation Monitoring
Program; and 2) Adopt Resolution No. 99 -1666 approving
Residential Planned Development Permit No. 98 -01 and
Tentative Tract Map 5133. (CONTINUED)
Mayor Hunter stated staff had proposed an amendment to
Condition No. 31.P.
Eric Libermann indicated concurrence with the condition
as read.
MOTION: Councilmember Evans moved and Councilmember Wozniak
seconded a motion to approve the Mitigated Negative
Declaration and Mitigation Monitoring Program and adopt
amended Resolution No. 99 -1666 approving Residential Planned
Development Permit No. 98 -01 and Tentative Tract Map 5133.
The motion carried by voice vote 4 -1, Councilmember Harper
dissenting.
Minutes of the City Council
Moorpark, California Page 20
10. PRESENTATION /ACTION /DISCUSSION: (Continued)
October 6, 1999
D. Consider the Requirement for Reciprocal Access through
Mission Bell Plaza to Liberty Bell by Westgate Plaza
(Parcel Map 5056 and CPD 96 -2). Staff Recommendation:
Direct staff as deemed appropriate.
Mr. Kueny stated there was no action to report out of
Closed Session. He recommended the item be continued to
November 3, 1999.
MOTION: Councilmember Harper moved and Councilmember Rodgers
seconded a motion to continue the item to November 3, 1999.
The motion carried by unanimous voice vote.
12. ORDINANCES:
A. An Ordinance of the City Council of the City of
Moorpark, California, Adopting a Zoning Designation of
Specific Plan (SP) for all Properties within the
Moorpark Highlands Specific Plan and Amending the Zoning
Map of the City of Moorpark to Reflect the Land Use
Designation of Specific Plan (SP) for Said Properties
Comprising the Moorpark Highlands Specific Plan,
(Specific Plan 2 /Specific Plan 95 -2); Amending Title 17,
Zoning, of the Municipal Code of the City of Moorpark
Adopting Development Standards for Said Properties and
Placing Such Regulations as Chapter 17.74 Within Said
Code. Staff Recommendation: Declare Ordinance No. 262
read for the second time and adopted as read.
Ms. Kane read the title of Ordinance No. 262.
MOTION: Councilmember Evans moved and Councilmember Harper
seconded a motion to waive further reading and read the
ordinance title only. The motion carried by voice vote 4 -0,
Councilmember Wozniak absent.
MOTION: Councilmember Evans moved and Councilmember Harper
seconded a motion to adopt Ordinance No. 262 on second
reading. The motion carried by voice vote 4 -0, Councilmember
Wozniak absent.
B. An Ordinance of the City Council of the City of Moorpark,
California, Adopting Development Agreement No. 98 -01
between the City of Moorpark and Morrison- Fountainwood-
Agoura Pertaining to the Development of the Specific Plan
No. 2 Project. Staff Recommendation: Declare Ordinance
No. 263 read for the second time and adopted as read.
Minutes of the City Council
Moorpark, California Page 21
October 6, 1999
Ms. Kane read the title of Ordinance No. 263.
MOTION: Councilmember Harper moved and Councilmember Evans
seconded a motion to waive further reading and read the
ordinance title only. The motion carried by voice vote 4 -0,
Councilmember Wozniak absent.
MOTION: Councilmember Harper moved and Councilmember Evans
seconded a motion to adopt Ordinance No. 263 on second
reading. The motion carried by voice vote 4 -0, Councilmember
Wozniak absent.
C. An Ordinance of the City Council of the
California Amending Title 17, Zoning,
Code by Amending Table 17.20.050 to Add
Facilities for Seven or More Persons as
Within the RO (Single-Family Esta
Recommendation: Declare Ordinance No.
second time and adopted as read.
City of Moorpark,
of the Municipal
Intermediate Care
a Conditional Use
te) Zone. Staff
264 read for the
Ms. Kane read the title of Ordinance No. 264.
MOTION: Councilmember Wozniak moved and Councilmember Harper
seconded a motion to waive further reading and read the
ordinance title only. The motion carried by unanimous voice
vote.
MOTION: Councilmember Wozniak moved and Councilmember Harper
seconded a motion to adopt Ordinance No. 264 on second
reading. The motion carried by unanimous voice vote.
D. An Ordinance of the City Council of the City of Moorpark,
California, Adopting Amendments to Title 17, Zoning, of
the Municipal Code of the City of Moorpark, by Amending
Chapter 17.44 "Entitlement- Process and Procedure" to
Incorporate Language Related to Downtown Specific Plan
Discretionary Permits, Defining Notice Requirements for
Such Permits, and Clarifying Appeal Requirements; and,
Amending Table 17.20.060 to Permit Limited Retail
Commercial Uses within the C -O (Commercial Office) Zone
Only Within the Downtown Specific Plan; and, Amending
Section 17.16.080.B. Revising the Purposes of the
Downtown Specific Plan Overlay Zone. Staff
Recommendation: Declare Ordinance No. 265 read for the
second time and adopted as read.
Ms. Kane read the title of Ordinance No. 265.
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to waive further reading and read the
Minutes of the City Council
Moorpark, California Page 22
October 6, 1999
ordinance title only. The motion carried by unanimous voice
vote.
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to adopt Ordinance No. 265 on second
reading. The motion carried by unanimous voice vote.
13. CLOSED SESSION:
Ms. Kane announced that the Council would be going into
Closed Session for discussion of one case under Item
13.A. and for Items 13.C. and 13.1. She announced that
for the one case under Item 13.A., the facts and
circumstances creating significant exposure to litigation
are not yet known to potential plaintiffs.
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to adjourn to Closed Session for a
discussion of Items 13.A., 13.C., and 13.1. on the agenda. The
motion carried by unanimous voice vote. The time was 11:45
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)
Minutes of the City Council
Moorpark, California Page 23
October 6, 1999
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)
J. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
The Environmental Coalition of Ventura County vs. City of
Moorpark, the City Council of the City of Moorpark, and
Ventura Local Agency Formation Commission (Case No.
SCO23378)
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: 284 Charles Street, Moorpark, CA 93021
Agency Negotiator: Steven Kueny, City Manager
Negotiating Parties: City of Moorpark and Conrado R.
Lopez, et al.
Under Negotiation: Price and terms of payment
Property: 285 High Street, Moorpark, CA 93021
Agency Negotiator: Steven Kueny, City Manager
Minutes of the City Council
Moorpark, California Page 24
October 6, 1999
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. Councilmember Rodgers did not
participate in the discussion for Items 13.C. and 13.1. and
left the meeting at 12:20 a.m.
The Council reconvened into open session at 12:35 a.m. Mr.
Kueny announced that one case under Item 13.A. and Items 13.C.
and 13.1 were discussed in Closed Session and that there was
no action to report.
14. ADJOURNMENT:
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to adjourn. The motion carried by voice vote 4 -0,
Councilmember Rodgers absent. The time was 12:35 a.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
MINUTES OF THE CITY COUNCIL
Moorpark, California October 20, 1999
A Regular 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 6:48 p.m.
2. INVOCATION:
Assistant Pastor Randy Baker, Shiloh Community Church, gave
the invocation.
3. PLEDGE OF ALLEGIANCE:
Moorpark Boy Scout Troop 604 presented the 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; Ken Gilbert, Director
of Public Works; Mary Lindley, Director of
Community Services; Dirk Lovett, Assistant
City Engineer; Captain Mike Lewis, Sheriff's
Department; Don Reynolds, Administrative
Services Manager; Wayne Loftus, Director of
Community Development; Deborah Traffenstedt,
City Clerk and La -Dell VanDeren, Deputy City
Clerk.
5. PROCLAMATIONS AND COMMENDATIONS:
A. Introduce New City Employee, Joan Fretz, Human Resources
Assistant.
Mayor Hunter introduced Joan Fretz, Human Resources
Assistant.
B. Recognize Red Ribbon Week, October 24 - 30, 1999
(Proclamation).
(1) 01 -.81
Minutes of the City Council
Moorpark, California Page 2
October 20, 1999
Mayor Hunter introduced Senior Deputy Marty Luna, 8th
Grade Dare Officer and presented a proclamation declaring
October 24 - 30 as Red Ribbon Week. Senior Deputy Luna,
with two DARE students, received the proclamation and
explained the purpose of Red Ribbon Week.
C. City Manager's Monthly Report.
Mr. Kueny introduced Assistant City Manager John Nowak.
Mr. Nowak discussed the current and ongoing projects
within the Administrative Services, Finance, and
Redevelopment /Economic Development Divisions of the
Administrative Services Department.
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 indicated he intended to pull Item 11.H. from the
Consent Calendar.
6. PUBLIC COMMENT:
Tom Pflaumer, 3906 Willow Creek Lane, representing Youth
Sports Organizations, discussed the draft plan for Arroyo
Vista Community Park (AVCP). He stated he viewed the park as
a multi - recreational facility. He stated the youth sports
organizations had offered to assist with construction of the
field facilities. He also stated that there was a need for a
community swimming facility. He emphasized the need for a
true community park and the need for youth sports.
Roseann Mikos, 14371 E. Cambridge Street, discussed the Save
Our Open Space and Agricultural Resources (SOAR) initiative
and threat to the City by Hidden Creek Ranch Partnership
pertaining to having the SOAR organization help the City
defend the lawsuit challenging the SOAR Initiative.
Councilmember Evans stated he felt it was appropriate for
Richard Francis, author of SOAR, to participate in defending
the lawsuit. He stated the City has received threats of
litigation from both the SOAR organization and Hidden Creek
Ranch.
Chaely Cooper, 3931 Weeping Willow, representing the Moorpark
Teen Council, provided an update on the events the Teen
Council has assisted with.
Minutes of the City Council
Moorpark, California Page 3
October 20, 1999
Gerald Goldstein, 11932 Los Angeles Avenue, discussed parking
concerns at the City Community Center.
Sandi Thompson, 13154 Westport Street, addressed the Council
in support of keeping youth sports at AVCP.
Brandon Sturgill, (No Address Provided) representing Moorpark
Girls Softball, spoke in support of including more sports
facilities in AVCP.
Jeff Yaller, 12919 Silver Creek Street, representing Moorpark
Girls Softball, discussed the need for additional sports
facilities and indicated support for expanding AVCP to include
additional sports facilities.
David Kropp, 4227 Granadilla Drive, stated AVCP was the
appropriate location to accommodate youth sports. He stated
thousands of constituents would benefit from the expansion.
Eloise Brown, 13193 Annette Street, reminded residents of the
amended legislation regarding school bonds. She requested
residents oppose the legislation.
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Wozniak requested a future agenda item on the
Los Angeles Avenue corridor. He stated he would discuss
specifics for the agenda item with staff.
Councilmember Harper proposed an agenda item for the City
Council to review the community events, such as Country Days,
4th of July event, and Labor Day Picnic, and how the City could
better participate.
9. PUBLIC HEARINGS:
A. Consider Resolution No. 99 -1668 Finding and Declaring
That Certain Private Roads Generally Held open for Public
Use Shall Be Subject to the Provisions of the California
Vehicle Code [ref.: Tract 5053 [RPD 96 -1 ] - Pacific
Communities]. Staff Recommendation: Adopt Resolution No.
99 -1668 declaring certain private roads within Tract
5053, which are generally held open for use by the
public, to be subject to the provisions of the California
Vehicle Code.
Mr. Gilbert gave the staff report.
001kf 1 &13
Minutes of the City Council
Moorpark, California Page 4
October 20, 1999
Mayor Hunter opened the public hearing. There being no
one wishing to speak, Mayor Hunter closed the public
hearing.
MOTION: Councilmember Evans moved and Councilmember Harper
seconded a motion to adopt Resolution No. 99 -1668 declaring
certain private roads within Tract 5053, which are generally
held open for use by the public, to be subject to the
provisions of the California Vehicle Code. The motion carried
by unanimous voice vote.
10. PRESENTATION /ACTION /DISCUSSION:
A. Consider Zoning Ordinance Amendment ZOA 99 -05, Lighting
Standards. (Continued from October 6, 1999 with Public
Hearing Closed.) Staff Recommendations: 1) Make a Motion
determining that the proposed Lighting Regulations
qualify for a Negative Declaration under CEQA Rules, and
Adopt said Negative Declaration; and 2) Introduce
Ordinance No. 266 for first reading adding Chapter 17.30,
"Lighting Standards" to the Municipal Code as described
in Exhibit A.
Mr. Loftus gave the staff report.
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to determine that the proposed Lighting
Regulations qualify for a Negative Declaration under CEQA, and
adopt said Negative Declaration. The motion carried by
unanimous voice vote.
Ms. Traffenstedt read the ordinance title for Ordinance No.
266.
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to waive further reading. The motion
carried by unanimous voice vote.
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to declare Ordinance No. 266 introduced for
first reading. The motion carried by unanimous voice vote.
B. Consider Urban Growth Boundary (UGB) Education Program
and Request for City Co- Sponsorship of an Informational
Workshop. Staff Recommendation: Approve City co-
sponsorship of a UGB informational workshop to be held at
the Moorpark Community Center, and designate the Director
of Community Development as the staff support person for
the UGB Education Program.
Ms. Traffenstedt gave the staff report.
1T
%ti>ti „i`}
Minutes of the City Council
Moorpark, California Page 5 October 20, 1999
Roseann Mikos, 14371 E. Cambridge Street, offered to
assist the Director of Community Development with
conducting the workshops.
MOTION: Mayor Hunter moved and Councilmember Wozniak seconded
a motion to approve City co- sponsorship of a UGB informational
workshop to be held at the Moorpark Community Center, and
designate the Director of Community Development as the staff
support person for the UGB Education Program. The motion
carried by unanimous voice vote.
C. Consider Resolution No. 99 -1669 Establishing a Hardship
Assistance Program for Mobile Home Tenants for Calendar
Year 2000. Staff Recommendation: Adopt Resolution No. 99-
1669 establishing a hardship assistance program for
mobile home tenants for calendar year 2000.
Mr. Nowak gave the staff report. He indicated a
correction to the resolution, in Section 5, to change the
word "application" to "applicant."
MOTION: Councilmember Evans moved and Councilmember Harper
seconded a motion to adopt amended Resolution No. 99 -1669
establishing a hardship assistance program for mobile home
tenants for calendar year 2000. The motion carried by
unanimous voice vote.
D. Consider Use of the Eastern Portion of Arrovo Vista
Community Park by Southern California Edison (SCE) and
Performance Nursery. Staff Recommendation: Direct staff
to negotiate agreements with Southern California Edison
and Performance Nursery consistent with the content of
the staff report for subsequent approval by the City
Council.
Mr. Kueny gave the staff report.
In response to Councilmember Harper, Mr. Kueny
recommended a license agreement with SCE for use of the
access road, limiting their vehicles to servicing the
power lines. He stated a similar agreement could be
obtained with the current nursery operator. He stated
the documents could be conditioned to limit hours of
operation.
In response to Mayor Hunter, Mr. Kueny stated the City
owns the dirt access road, at the east end of Arroyo
Vista Community Park, with the upper portion of the land
owned by SCE.
Minutes of the City Council
Moorpark, California Page 6
October 20, 1999
In response to Councilmember Evans, Ms. Lindley stated
she had been told that the road had been reconfigured
prior to City incorporation.
Luis Rosales, 4494 Vistameadow Court, stated the road was
graded in 1995. He stated the three problems with use of
the road include noise impacts, visual impacts, and
unsafe road conditions. He stated the nursery was not
complying with the hours of operation and ignoring other
rules. He requested large trucks be prohibited from
using the road.
Roseann Mikos, 14371 E. Cambridge Street, concurred with
comments made by Mr. Rosales. She stated AVCP should not
be usurped for a private business.
Tom Lucas, 12777 Williams Ranch Road, representing
Performance Nursery, stated he has been doing business in
Moorpark since 1987. He discussed concerns that all
paperwork goes to the landowner, SCE, instead of him. He
stated he never agreed with the conditions of approval.
He discussed installation of the pedestrian bridge and
its impact to his business. He stated cutting off access
would severely impact his business. He requested five
trips per day be allowed utilizing the other access, as
well as use for large trucks. He suggested a four -way
stop at the pedestrian bridge.
In response to Mayor Hunter, Mr. Lucas stated he had
received the letter dated September 7, 1999. He stated
he was told that the conditions would be discussed with
the Director of Community Development. He stated
Williams Ranch Road and Mesa Verde were utilized by
commercial trucks for access to his site. Mrs. Lucas
addressed the Council in support of her husband and
Performance Nursery.
Mr. Kueny stated staff has known since 1985 that the City
owns the dirt access road.
Councilmember Evans discussed his involvement and
frustration with delays. He stated he was under the
impression that Mr. Lucas agreed to all conditions,
except Condition No. 6, handicapped access to the
trailer.
In response to Councilmember Evans, Mr. Kueny explained
that some of the plant materials were stored on a portion
of the park, and he stated that Mr. Lucas should pay the
City for lease of the park land.
Minutes of the City Council
Moorpark, California Page 7 October 20, 1999
Councilmember Evans stated the appropriate action would
be to determine the hours of operation and enforce them.
Mayor Hunter stated he was hesitant to allow access off
of Williams Ranch Road or Mesa Verde Drive. He stated
those residential streets were not constructed to
accommodate large trucks.
Councilmember Harper suggested Saturday and Sunday
operations on the road be prohibited. He stated an ad hoc
committee might be appropriate.
Mayor Hunter stated he did not feel an ad hoc committee
was necessary. He stated the Council could provide
direction.
Councilmember Rodgers stated correspondence had to be
sent to the landowner.
In response to Councilmember Rodgers, Mr. Kueny stated
nursery operations were an allowed use in the Open Space
Zone. He stated the question was whether the Council
wanted staff to negotiate agreements with SCE and the
nursery operator for use of a portion of the park as
access between two portions of the SCE property.
Mayor Hunter stated staff should negotiate with SCE. He
stated he believed staff should finalize the agreement
with Performance Nursery.
Councilmember Evans concurred with Mayor Hunter. He
stated it was necessary to obtain compliance with the
code issues by Performance Nursery.
Councilmember Harper questioned whether City park
property should be used for the operation of the nursery.
Ms. Lindley stated the site was a screened area, not
visible from the neighboring homes.
Mr. Kueny stated use of City property was isolated on a
small portion of undeveloped area of AVCP.
MOTION: Mayor Hunter moved and Councilmember Evans seconded a
motion to direct staff to negotiate an agreement with SCE and
finalize the agreement with Performance Nursery and schedule
for City Council consideration at the November 17, 1999
meeting. The motion carried by unanimous voice vote.
Minutes of the City Council
Moorpark, California Page 8
October 20, 1999
E. Consider Award of Contract to Robert W. Stanhope Company
for Construction and LDM Associates for Compliance
Monitoring for the Senior Center Expansion Project and
Approval of a Budget Amendment Transferring Community
Development Block Grant Funds from Affordable Housing
Purposes to the Senior Center Expansion Project. Staff
Recommendations: 1) Approve the defined Scope of Work for
the construction of the Senior Center Expansion Project
as the Base Bid Component as identified in the Project
Manual; 2) Award a contract to Robert W. Stanhope Company
for construction of the Senior Center Expansion at a cost
not to exceed $360,000 and provide for contingencies in
the amount of $66,000, and authorize the City Manager to
execute said contract; 3) Award a contract to LDM
Associates for CDBG and Davis Bacon compliance monitoring
at a cost not to exceed $8,000 and authorize the City
Manager to execute said contract; 4) Adopt Resolution No.
99 -1670 Amending the FY 1999/00 Budget by appropriating
$137,000 of CDBG Funds by the transfer of (a) $55,000 in
CDBG funds from CDBG Affordable Housing
(2701.5440.5002.9620) to the Senior Center Expansion
Project (2701.7610.7010.9600); (b) the transfer of
$17,000 in CDBG funds from CDBG Public Improvement
(2701.5440.5003.9621) to the Senior Center Expansion
Project (2701.7610.7010.9600); (c) the transfer of
$65,000 in CDBG funds from Economic Development
(2701.3588) to the Senior Center Expansion Project
(2701.7610.7010.9600); and 5) Authorize staff to draft a
letter to FEMA declining the grant funds for the seismic
retrofit work. (ROLL CALL VOTE REQUIRED.)
Ms. Lindley gave the staff report.
In response to Councilmember Wozniak, Ms. Lindley
explained the priorities of the Senior Advisory
Committee, including the base bid, enclosure of the
breezeway and automatic front doors.
In response to Mayor Hunter, Ms. Lindley stated she was
unclear as to why the bids were so varied.
In response to Councilmember Harper, Mr. Lindley stated
there was no hazard with not proceeding with seismic
retrofit. She stated the building was sound. She stated
removal of poles might require retrofit.
In response to Mayor Hunter, Ms. Lindley stated
construction was expected to take four months.
Minutes of the City Council
Moorpark, California Page 9
October 20, 1999
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to: 1) Approve the defined Scope of Work for
the construction of the Senior Center Expansion Project as the
Base. Bid Component as identified in the Project Manual; 2)
Award a contract to Robert W. Stanhope Company for
construction of the Senior Center Expansion at a cost not to
exceed $360,000 and provide for contingencies in the amount of
$66,000, and authorize the City Manager to execute said
contract; 3) Award a contract to LDM Associates for CDBG and
Davis Bacon compliance monitoring at a cost not to exceed
$8,000 and authorize the City Manager to execute said
contract; 4) Adopt Resolution No. 99 -1670 Amending the FY
1999/00 Budget by appropriating $137,000 of CDBG Funds by the
transfer of (a) $55,000 in CDBG funds from CDBG Affordable
Housing (2701.5440.5002.9620) to the Senior Center Expansion
Project (2701.7610.7010.9600); (b) the transfer of $17,000 in
CDBG funds from CDBG Public Improvement (2701.5440.5003.9621)
to the Senior Center Expansion Project (2701.7610.7010.9600);
(c) the transfer of $65,000 in CDBG funds from Economic
Development (2701.3588) to the Senior Center Expansion Project
(2701.7610.7010.9600); and 5) Authorize staff to draft a
letter to FEMA declining the grant funds for the seismic
retrofit work. The motion carried by unanimous roll call
vote.
F. Consider Status of the City's Year 2000 Preparedness.
Staff Recommendation: Receive and File this Report.
Mr. Reynolds gave the staff report.
In response to Mayor Hunter, Mr. Reynolds stated staff
was coordinating with other agencies regarding
preparedness status. He stated the City's computer
systems were Year 2000 (Y2K) compliant. He stated the
City's Emergency Operations Center (EOC) would be set up
with one staff person serving as a public information
officer. He stated the Sheriff's Department would also be
active.
In response to Mayor Hunter, Captain Lewis stated one
person staffing of the EOC was an appropriate level of
staffing. He stated the City Police Department would be
adequately staffed and in communication with the City's
EOC.
In response to Councilmember Wozniak, Mr. Reynolds stated
the clocks in the City's computers would function into
the Year 2000.
Minutes of the City Council
Moorpark, California Page 10
October 20, 1999
Eloise Brown, 13193 Annette Street, suggested
representatives from the utilities attend a Saturday
workshop to indicate Y2K compliance.
CONSENSUS: By consensus, the Council received and filed the
L UYUL L .
11. CONSENT CALENDAR:
MOTION: Councilmember Wozniak moved and Councilmember Harper
seconded a motion to approve the Consent Calendar with the
exception of Item No. 11.H. The motion carried by unanimous
roll call vote.
A. Consider Approval of Minutes of Special City Council
Meetinq of October 6, 1999.
Staff Recommendation: Approve minutes as processed.
B. Consider Approval of Warrant Register - October 20, 1999.
Fiscal Year 1999/00
Manual Warrants
Voided Warrant
100019, 100206 &
100251 &
100648 - 100662
100778
$ 38,336.36
$ 0.00
Regular Warrants 100664 - 100814 V $1,736,433.72
100815 - 100820 D $ 15,333.23
Staff Recommendation: Approve the Warrant Register.
C. Consider Revisions to City Council Policies Resolution.
(Continued from October 6, 1999). Staff Recommendation:
Approve Resolution No. 99 -1671, adopting Council policies
and rescinding Resolution No. 98 -1509.
D. Consider Rejection of Claim Submitted by Southern
California Edison. Staff Recommendation: Reject the claim
and authorize staff to notify claimant in writing of this
action.
E. Consider Revisions to Contract for Engineering Services
to a) Adjust the Hourly Rate for Engineering Services and
to b) Change the Effective Date for Anv Such Future Rate
Adjustments. Staff Recommendations: 1) Approve a 2.4%
increase in the rates for Engineering Services to be made
effective November 1, 1999; 2) Approve a revision to the
Minutes of the City Council
Moorpark, California Page 11
October 20, 1999
Engineering Services Agreement changing the effective
date for all future rate adjustments and fee adjustments,
to December 1; 3) Authorize the City Manager to execute
an Amendment to the Engineering Services Agreement
effecting the above described adjustments and changes.
F. Consider Declaring Arroyo Vista Recreation Center and
Community Center Tables as Surplus. Staff Recommendation:
Staff recommends that the City Council declare 20 folding
tables, a table storage rack, and a chair storage rack as
surplus and authorize staff to dispose of them in an
appropriate manner.
G. Consider Award of Contract for Community Center Re-
Roofing Project. Staff Recommendation: Award a contract
to Star -Wes Roofing, Inc. to re -roof the Community Center
for $37,195, plus a contingency of $2,445, and authorize
the City Manager to execute said contract.
I. Consider Engagement of Financing Team and Setting of
TEFRA Hearing Re: Issuance of Financing for Villa Del
Arroyo Mobile Home Park. Staff Recommendations: 1)
Appoint the staff - recommended financing team of (A) Bond
Counsel: Quint & Thimmig LLP, (B) Disclosure Counsel:
Richards, Watson & Gershon, (C) Co- Underwriters: Miller &
Schroeder Financial, Inc. and Kinsell, Newcomb & DeDios,
and (D) Trustee: U.S. Bank. (Written proposals for each
of the above listed firms are on file in the office of
the Assistant City Manager. Urban Futures, Inc., the
City's financial advisor, is already under contract with
the City /Agency); and 2) Set November 3, 1999, as the
time to hold a public hearing ( TEFRA) on this matter and
direct staff to take those actions necessary to initiate
said public hearing.
J. Consider Rebate of Business Registration Fee for
Businesses Approved for the Business Emergency Loan
Program. Staff Recommendation: Approve a one -time rebate
of the Business Registration fee for businesses approved
to receive loans through the Business Emergency Loan
Program.
The following item was pulled from the Consent Calendar for
individual consideration:
H. Consider Resolution 99 -1672 Amending the FY 1999/00
Budget Appropriating Funds from the General Fund (1000)
for Campus Park Repairs. Staff Recommendation: Approve
Resolution No. 99 -1672 Amending the FY 1999/00 Budget by
Appropriating $6,000 to the Park Maintenance Budget
Minutes of the City Council
Moorpark, California Page 12
October 20, 1999
(2400.7800) for repairs at Campus Park. (ROLL CALL VOTE
REQUIRED.)
In response to Mayor Hunter, Ms. Lindley stated the
General Fund was the appropriate fund for a maintenance
project.
Mr. Kueny stated the Council could make the determination
that the project was an upgrade and an improvement
project, due to the pipe upgrade proposed.
Mayor Hunter recommended the Council consider using Park
Improvement Funds.
Councilmember Wozniak stated it was necessary to move the
project forward as soon as possible. He stated the
project could be considered an improvement due to the
change in material used.
In response to Councilmember Harper, Mr. Kueny stated the
use of Park Improvement Funds was a policy decision.
MOTION: Mayor Hunter moved and Councilmember Harper seconded
a motion to adopt Resolution No. 99 -1672 amending the FY
1999/00 Budget by appropriating $6,000 from the Park
Improvement Fund for repairs at Campus Park. The motion
carried by unanimous roll call vote.
12. ORDINANCES:
None.
13. CLOSED SESSION:
Mr. Kueny announced that the City Council would be going into
closed session for discussion of Items 13.J. and 13.K. on the
agenda.
MOTION: Mayor Hunter moved and Councilmember Harper seconded
a motion to adjourn to closed session for a discussion of
Items 13.J. and 13.K. on the agenda. The motion carried by
unanimous voice vote. The time was 8:40 p.m.
�A.3j
Minutes of the City Council
Moorpark, California Page 13
October 20, 1999
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)
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
Minutes of the City Council
Moorpark, California Page 14 October 20, 1999
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: 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: 284 Charles Street, Moorpark, CA 93021
Agency Negotiator: Steven Kueny, City Manager
Negotiating Parties: City of Moorpark and Conrado R.
Lopez, et al.
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; John Nowak, Assistant City Manager; and
Mary Lindley, Director of Community Services.
Minutes of the City Council
Moorpark, California Page 15
October 20, 1999
The Council reconvened into open session at 9:04 p.m. Mr.
Kueny announced that Items 13.J. and 13.K. were discussed in
closed session and that there was no action to report.
14. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 9:04 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk