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MINUTES OF THE CITY COUNCIL
rY: -- '"loorpark, California July 18, 2001
A Regular Meeting of the City Council of the City of Moorpark
was held on July 18, 2001, in the Council Chambers of said City
located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Pro Tem Harper called the meeting to order at 6:43
p.m.
2. INVOCATION:
Pastor Tony Amatangelo, Life Spring Community Church, gave
the invocation.
3. PLEDGE OF ALLEGIANCE:
Councilmember Roseann Mikos led the Pledge of Allegiance.
4. ROLL CALL:
Present: Councilmembers Mikos, Millhouse and Mayor Pro Tem
Harper.
Absent: Councilmember Wozniak and Mayor Hunter.
Staff Present: Steven Kueny, City Manager; Hugh Riley,
Assistant City Manager; Dana Shigley,
Director of Administrative Services, Wayne
Loftus, Director of Community Development;
Ken Gilbert, Director of Public Works; Mary
Lindley, Director of Community Services;
Walter Brown, City Engineer; Captain Robert
LeMay, Sheriff's Department; John Brand,
Senior Management Analyst, Nancy Burns,
Senior Management Analyst; Deborah
Traffenstedt, Assistant to City Manager /City
Clerk; and La -Dell VanDeren, Deputy City
Clerk.
5. PROCLAMATIONS AND COMMENDATIONS:
A. Recognition of Sergeant Ron Nelson, Moorpark Police
Department.
Minutes of the City Council
Moorpark, California Page 2
July 18, 2001
Mayor Pro Tem Harper presented Sergeant Ron Nelson
with a plaque in recognition of his service to the
City of Moorpark.
B. Ventura County Fair Poster Presentation by Charles
Schwabauer.
Mayor Pro Tem Harper introduced Charles Schwabauer,
who presented the City with the 2001 Ventura County
Fair Poster.
C. Introduction of New Employee, Feljay Ugalde, Planning
Technician I, Community Development Department.
Mayor Pro Tem Harper introduced Feljay Ugalde,
Planning Technician I, in the Community Development
Department.
D. Introduction of New Employee, Melody Johnston,
Information Systems Supervisor, Administrative
Services Department.
Mayor Pro Tem Harper introduced Melody Johnston,
Information Systems Supervisor, in the Administrative
Services Department.
E. City Manager's Monthly Report.
Mr. Kueny introduced Captain Robert LeMay, Chief of
Police, Ventura County Sheriff's Department, who
provided an update on the Police Department
activities, including the acquisition of two new
vehicles, status of interviewing for vacant positions
in the department, and the success of the Police
Department Volunteer Program.
6. PUBLIC COMMENT:
Larry Janss, 1408 E. Thousand Oaks Blvd. Thousand Oaks,
discussed the former Moorpark Playhouse property and gave
an update on his efforts to reopen the theater.
Michelle Judd, a Moorpark resident, stated she is a recent
graduate of the Ventura County Leadership Academy and
requested the City Council's support of the Academy
Minutes of the City Council
Moorpark, California Page 3
July 18, 2001
programs. She discussed the type of training received, the
cost, the nomination procedure, and scholarships that are
available. She also provided the website address for the
academy.
Gerald Goldstein, a Moorpark resident discussed cleanup at
his property.
AT THIS POINT in the meeting, the City Council recessed to
convene the Redevelopment Agency. The time was 7:08 p.m. The
City Council meeting reconvened at 7:12 p.m.
7. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
Councilmember Millhouse requested Item 10.I. be moved to
the first item under Presentation /Action /Discussion.
Councilmember Mikos requested Item ll.E. be pulled from the
Consent Calendar.
Mayor Pro Tem Harper announced that Item 10. D. and Item
10.E would be discussed together.
MOTION: Councilmember Millhouse moved and Councilmember Mikos
seconded the motion to adopt the revised agenda. The motion
carried by voice vote 3 -0; Mayor Hunter and Councilmember
Wozniak absent.
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Mikos discussed the Hidden Creek Project
legal rulings and stated there is no further opportunity
for Appeal. She requested a future agenda item regarding
the Zoning Ordinance for the Hidden Creek Ranch property
that is not in compliance with the General Plan. She also
requested that staff contact the County regarding updating
and correcting the County Geographical Information Systems
(GIS) Maps pertaining to City boundaries. She also
announced her scheduled attendance at a Mayor's and Council
Members Executive Forum in Northern California.
Councilmember Millhouse discussed the disappearance of
Megan Barroso. He thanked several persons and agencies that
were involved in setting up an account for donations
towards a reward fund. He announced that a website had been
Minutes of the City Council
Mnnr_nark. California Page 4
July 18, 2001
set up. He stated the Ventura County Sheriff's Department
now has a $25,000 reward.
Councilmember Harper requested a future agenda item for
staff to provide a report regarding establishing
requirements for use of photovoltaic's as they pertain to
energy conservation.
9. PUBLIC HEARING:
A. Consider Final Review and Changes to the Engineer's
Report for Assessment District AD84 -2 and Adoption of a
Resolution Confirming the Assessments for Fiscal Year
2001/2002. Staff Recommendation: Open the public hearing,
receive testimony, close the public hearing, and take the
following actions: 1) Approve the changes to the
Engineer's Report summarized in Section J of the agenda
report; and 2) Adopt Resolution No. 2001 -1865 making
certain changes to AD84 -2 and confirming the assessments
for Fiscal Year 2001/02.
Mr. Gilbert gave the staff report and noted some minor
changes to the engineering report.
Mayor Pro Tem Harper opened the public hearing; there
being no one wishing to speak, Mayor Pro Tem Harper
closed the public hearing.
MOTION: Councilmember Millhouse moved and Councilmember
Mikos seconded a motion to: 1) Approve the changes to the
Engineer's Report summarized in Section J of the agenda
report; and 2) Adopt Resolution No. 2001 -1865 making certain
changes to AD84 -2 and confirming the assessments for Fiscal
Year 2001/02. The motion carried by voice vote of 3 -0, Mayor
Hunter and Councilmember Wozniak absent.
10. PRESENTATION /ACTION /DISCUSSION:
I. Consider Establishing Reward Related to Missing Person
Case (Megan Barroso). Staff Recommendation: Direct
staff as deemed appropriate.
Councilmember Millhouse discussed a reward for
information leading to the safe return of Megan
Barroso. He suggested using the same language that the
Ventura County Sheriff's Department uses in these
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Minutes of the City Council
Mooroark, California Page 5
July 18, 2001
situations. He suggested the City of Moorpark donate
an amount of $10,000.
In response to Mayor Pro Tem Harper, Captain LeMay
replied that the Sheriff's Department supports and
commends the taking of the action to set up a reward.
In response to Councilmember Mikos, Mr. Kueny replied
that there is not a precedent for the City to follow
regarding a dollar amount or setting up a reward.
Councilmember Millhouse stated he had checked with the
Sheriff's Department and the $10,000 amount was
suggested as an appropriate amount.
In response to Mayor Pro Tem Harper, Mr. Kueny replied
that the reward monies would come from the City's
General Fund Reserve.
MOTION: Councilmember Millhouse moved and Councilmember
Mikos seconded a motion that the City authorize a reward in
the amount of $10,000 using the same terms and language of
the Sheriffs Department's reward for information regarding
the disappearance of Megan Barroso. The motion carried by
voice vote 3 -0, Mayor Hunter and Councilmember Wozniak
absent.
A. Consider a Presentation by the Child Care Plannin
Council of Ventura County.
Barbara Loczi, 570 Airport Way, Camarillo, Consultant
for the Ventura County Child Care Planning Council,
spoke about the agency's five -year plan. She discussed
the needs of the Child Care Council and the needs of
those that the organization serves. She asked the City
of Moorpark to include childcare language in its
general plan, which would encourage inclusion of
childcare needs in the City's plans. She also
requested that one councilmember be appointed as the
City's liaison with the Child Care Council.
Petra Nagerl, 570 Airport Way, Camarillo, Consultant
for the Ventura County Child Care Planning Council,
stated that Patty McWaters has worked with other
cities in Ventura County as a child care resource.
Minutes of the City Council Jul 18, 2001
Moorpark, California Page 6 Y
Mayor Pro Tem Harper stated that there is a definite
need for affordable childcare. He commended the Child
Care Planning Council on their five -year plan. He
suggested they contact a representative from both
Moorpark and Ventura Colleges.
B. Consider Teen Council Appointments and Amendments to
Teen Council Guidelines. Staff Recommendation. 1)
Adopt amendments to the Teen Council Guidelines
consistent with the staff report and direct staff to
include the Teen Council Guidelines in the next update
of the City Council Policies Resolution; and 2) Make
appointments to the Teen Council for a one -year term
to begin on July 1, 2001.
BY CONSENSUS, the Council agreed to continue this item to
the August 1, 2001, City Council meeting.
C. Consider a Re nest to Modify Condition of Approval No. 1
of Conditional Use Permit No 94 -01 of Moorpark Country.
Club Estates to Reduce the Number of Holes of Play for
the Required Golf Courses from Thirty -six (36) Holes to
Twenty -seven (27) Holes and Addendum No. 4 to the
Certified Environmental Impact Report (EIR) (SCH
p
#9408175) - Toll Bros. Inc., Applicant. Staff
Recommendation: 1) Accept public comment; 2) Consider
the request to modify the number of holes of play of the
golf courses as conditioned under CUP 94 -1, and approve
Addendum No. 4 to the project certified Environmental
Impact Report; and 3) Adopt Resolution No. 2001 -
granting Minor Modification No. 3 to the Country Club
Estates Project.
Mr. Loftus suggested that the staff report be deferred
to the meeting of August 1, 2001.
Mayor Pro Tem Harper suggested that any comments or
testimony be received from those wishing to speak.
Craig Messi, Toll Brothers, 7000 Grimes Canyon Road,
Moorpark, discussed the project. Mr. Messi requested the
City Council consider the modification, which will
increase the undisturbed area to a total of 226 acres.
He stated the approved plan only preserved 98 acres as
undisturbed by grading.
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Minutes of the City Council
Moorpark, California Page 7
July 18, 2001
John Michler, land planner 1470 Jamboree Road, #200,
Newport Beach, discussed the reduction in grading and
design modifications of the residential and the golf
course areas. He stated they have modified the
residential element and redesigned the area to the golf
course frontage homes. He explained the reduction from
36 holes to 27 holes of golf.
Councilmember Mikos stated that she is in favor of less
grading.
Mr. Michler stated that the reduction in grading totaled
6 million cubic yards. He added that reducing from 36 to
27 holes makes the golf courses more economically
feasible.
Pete Peters, a Moorpark resident, stated that he would
wait to speak before the full Council.
William K. Alkire, William Charles Group, 165 High
Street, Moorpark, stated he is the Manager at Tierra
Rejada Golf Course. He stated the reduction to 27 holes
from 36 holes makes sense in terms of the course
profitability. He commented that a reduction in costs of
construction and operation and the number of rounds
played could still generate 800 of the same income as 36
holes.
In response to Councilmember Mikos, Mr. Messi replied
that with regard to Mr. Alkire's estimates, he did not
have the true dollar numbers. He stated an analysis was
done recently, and there are 20 golf courses within 5
miles of this site and 5 more golf courses in the
planning stage.
In response to Mayor Pro Tem Harper, Mr. Messi replied
that when the project was acquired, Toll Brothers was
not originally to be the builder of the golf courses. He
added that through the purchase agreement for the
residential areas, Toll Brothers also acquired the golf
courses and an updated analysis determined that the 27
hole course was more feasible.
In response to Mr. Kueny, Mr. Messi replied that Toll
Brothers would like the golf courses to be under
construction by the Spring of 2002 and that they would
Minutes of the City Council
Moorpark, California Page 8
July 18, 2001
like a decision as soon as possible. The Spring 2002
timeline would give them a chance to be in compliance
with their development agreement date for their first
golf course opening.
In response to Councilmember Mikos, Mr. Messi replied
that if a decision is made by the City Council at the
August 1 meeting, it would not cause a significant
problem.
Mayor Pro Tem Harper stated he has had a real concern
about the amount of golf facilities in the area in
relation to the number of golfers in Moorpark.
Councilmember Mikos stated she was a vocal opponent of
the original 36 -hole golf course project. She also
stated the redesigned project is better for the
environment and that the reduction in grading makes
economic sense and environmental sense.
Councilmember Millhouse stated his concurrence with the
statements of Mayor Pro Tem Harper and Councilmember
Mikos.
CONSENSUS: By consensus, the City Council determined to
continue this item to the August 1, 2001, City Council
meeting.
Mayor Pro Tem Harper announced that Items 10.D and 10.E
would be taken together.
D. Consider Traffic Issues on Sierra Avenue and Shasta
Avenue [Moorpark Estates]. Staff Recommendation:
Direct staff as deemed appropriate.
E. Consider Resolution Providing for the Installation of
Stop Signs at Designated Entrances to the
Intersections of Sierra Avenue /Shasta Avenue [North];
Sierra Avenue/ Shasta Avenue [South]; and Sierra
Avenue /Lassen Avenue. Staff Recommendation: Adopt
Resolution No. 2001 -1866.
Mr. Gilbert gave the staff report on both items.
Councilmember Mikos thanked the residents of Moorpark
Estates who brought the issue to her attention.
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Moorpark, California Page 9 Y
In response to Councilmember Mikos, Mr. Gilbert stated
that the letter to Mission Bell Plaza recommended
terminating access and that he and Mr. Kueny met with
the property manager and the owner with regard to
speed bumps in the plaza parking lot, and the property
manager and the owner seemed receptive.
In response to Councilmember Mikos, Mr. Gilbert
replied that staff is recommending stop signs and
asked for more direction from the Council regarding
the Gisler Road access.
Randy Baker, a Moorpark resident, spoke about mild
traffic and the impact from traffic on the Lassen
Avenue entry. He discussed the three possible options
that were listed in the letter that was sent to the
residents of the area and noted that stop signs were
the least desirable of the options presented. He asked
the Council to consider the other two options of
either an opening of Gisler Road or the closing of
Lassen Avenue.
Douglas Frazer, a Moorpark resident, stated his
concurrence with the comments of the prior speaker and
stated that some of the problems were generated when
the shopping center was built. He discussed concerns
about the potential for increased congestion and
accidents if stop signs are installed and difficulty
in backing out of driveways. He also asked why the
City bus makes multiple trips through the Shasta and
Lassen Avenues intersection.
Oscar Barrera, a Moorpark resident, discussed traffic
at the intersection caused by traffic from the school
and during Little League games. He stated heavy
traffic from shopping center has slowed down somewhat,
but the speed of cars using the street is a problem.
He stated his opposition to closing Lassen Avenue and
would like to see the street left open as a one -way
street.
In response to Mayor Pro Tem Harper, Ms. Lindley
replied that the bus goes through the shopping center
and exits at Lassen Avenue, so it can stop for
passengers in the Estates neighborhood. She noted that
having the bus stop on Los Angeles Avenue presents
Minutes of the City Council
Moorpark, California Page 10
July 18, 2001
more of a potential traffic problem, and it appears to
be safer if the bus stops on Shasta Avenue as opposed
to Los Angeles Avenue.
In response to Mayor Pro Tem Harper, Ms. Lindley
stated the bus pick up can be done at the center
parking lot rather than in the neighborhood, but it
reduces the visibility of the bus and increase the
distance for those who walk to the bus stop. Ms.
Lindley indicated that staff could take a look at that
change and report back to the Council on the effect.
In response to Councilmember Mikos, Ms. Lindley stated
that if Lassen Avenue were closed, the bus would
probably not go through the Moorpark Estates
neighborhood.
Councilmember Millhouse stated his concern about
moving the bus stop and increasing the distance to the
bus stop.
Mr. Kueny suggested that staff take a look at the
issue and also analyze a turnout just west of the
intersection of Shasta and Los Angeles Avenues. He
stated staff would need to analyze how many riders are
involved to see if such a change would be cost
effective.
In response to Councilmember Mikos, Captain LeMay
responded that the Police Department does not see an
enforcement issue regarding speeding in the area. He
stated that continual enforcement is not merited;
however, the Police Department is using a high
visibility approach to the issue, including police
patrol and use of the speed board. He stated his
opinion that this is an engineering problem versus an
enforcement problem.
In response to Councilmember Mikos, Mr. Gilbert stated
the traffic volumes are not enough to cause a backup
in the residential driveways. He stated the closure of
Lassen Avenue is the most obvious solution, but that a
number of residents are opposed to that, because they
use the left turn on Leta Yancy Road at the Los
Angeles Avenue intersection. He noted that
inconvenience to the residents is a problem and stated
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Moorpark, California Page 11
July 18, 2001
that he is opposed to using residential streets as
entrances to shopping centers.
In response to Councilmember Mikos, Mr. Gilbert stated
that connecting Gisler Road to the shopping center
would transfer the problem.
In response to Councilmember Mikos, Mr. Kueny stated
that the stop signs could be installed and when school
resumes traffic counts can be done to see if they are
effective. He stated if a stop sign is installed on
Shasta Avenue, one would also be needed on Sierra
Avenue, because the people who use those routes will
change to avoid the stop signs. He also stated that if
staff determines that the stop signs are not working,
they could be removed.
Mr. Gilbert stated that stop signs should be placed
where warranted by traffic patterns and needs, not
just based on requests, due to potential liability
exposure. He noted that removal of stop signs can also
be a liability concern.
Mr. Kueny stated his recommendation to go forward with
the stop signs.
Mayor Pro Tem Harper stated his concern about the use
of stop signs to mitigate issues of right of way and
that he would prefer the use of speed bumps instead.
He recommended having the Transportation and Streets
Committee discuss this issue further.
Mr. Kueny suggested that when a signal is installed at
Shasta Avenue, allowing residents to turn left onto
Los Angeles Avenue, then closing the shopping center
entry and the stop signs could be reconsidered.
Councilmember Millhouse stated that the residents
wanted the City to take action now and that stop signs
would be a good start.
Councilmember Mikos stated that when the light is
installed at Shasta Avenue residents would support
closing access to shopping center. She stated that
the Committee did not have anything further to discuss
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Moorpark, California Page 12
July 18, 2001
at this time and that she didn't support speed humps
on City streets.
In response to City Council questions regarding the
Shasta Avenue signal, Mr. Kueny recommended that the
Council receive and file the staff report, direct
staff to work on expediting the traffic signal
installation at Shasta Avenue, and approve the
installation of stop signs.
MOTION: Councilmember Mikos moved and Councilmember
Millhouse seconded a motion to receive and file the staff
report and directed staff to work on expediting the traffic
signal installation at Shasta Avenue. The motion carried by
voice vote 3 -0, Mayor Hunter and Councilmember Wozniak
absent.
MOTION: Councilmember Mikos moved and Councilmember
Millhouse seconded a motion to adopt Resolution No. 2001-
1866 approving the installation of stop signs at designated
entrances to the intersections of Sierra Avenue /Shasta
Avenue [North]; Sierra Avenue /Shasta Avenue [South]; and
Sierra Avenue /Lassen Avenue. The motion carried by voice
vote 2 -1, Councilmember Harper opposed, and Mayor Hunter
and Councilmember Wozniak absent.
F. Consider Status Report and Revised Time Line for the
Completion of the Arroyo Vista Community Park (AVCP)
Phase II Restroom /Concession /Storage Facility. Staff
Recommendation: Approve the revised time line for the
design and construction of the AVCP Phase II Restroom
Facility as outlined in the agenda report.
Ms. Lindley gave the staff report.
In response to Councilmember Mikos, Ms. Lindley
replied that Specific Plan No. 2 would have its own
park.
Councilmember Millhouse discussed several reasons for
the delay of the restroom facility, including water
line and sewer pump issues.
In response to Councilmember Harper, Ms. Lindley
stated the total cost for planned facilities could be
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Minutes of the City Council
Moorpark, California Page 13 July 18, 2001
approximately $5,000,000 including the pool, road,
pavilions, restrooms, and landscaping.
Douglas Shoop, a Moorpark resident, stated that the
Moorpark Packers do not have portable restrooms in
their budget for the 2001 season and given the
anticipated delay of the completion of the restroom
facilities, he asked the City Council to provide
portable restrooms for their use.
In response to Councilmember Millhouse, Ms. Shigley
replied that the estimated cost for two portable
restroom units would be $800 to $1,200, including
cleaning.
In response to Mayor Pro Tem Harper, Mr. Kueny replied
that the City Council could authorize staff to return
with a budget allocation for the portable restrooms at
the next City Council meeting.
MOTION: Councilmember Millhouse moved and Councilmember
Mikos seconded the motion to approve the revised time line
for the design and construction of the AVCP Phase II
Restroom Facility and directed staff to return with a
budget allocation item at the August 1, 2001, meeting for
temporary portable restrooms. The motion carried by voice
vote 3 -0, Mayor Hunter and Councilmember Wozniak absent.
G. Consider Award of Contract for Design of the Community
Aquatics Facility to Martinez & Amador Architects,
Inc. and Adoption of Resolution. Staff Recommendation:
1) Award a contract to Martinez & Amador Architects,
Inc. in the amount of $164,000 and authorize the City
Manager to execute said contract; and 2) Adopt
Resolution No. 2001 -1867, amending the FY 2001/2002
Budget, allocating $200,000 for the design of the
Community Aquatics Facility. (ROLL CALL VOTE REQUIRED)
Ms. Lindley gave the staff report.
Councilmember Millhouse stated that he and Mayor Pro
Tem Harper are on the committee regarding the pool. He
stated the Moorpark Unified School District (MUSD)
does not yet have the budget available to participate
in the pool costs and that the City Council should
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Moorpark, California Page 14 July 18, 2001
consider how the MUSD could participate in the project
in the future.
Mayor Pro Tem Harper stated that absent a bond issue,
the MUSD may not be able to participate at any level
and discussions at the subcommittee level were not
positive. He stated the City should look at this as a
City project and continue going forward on it.
In response to Councilmember Mikos, Ms. Lindley
replied that the reduced price of the bid would still
achieve the design of the aquatics facility.
MOTION: Councilmember Millhouse moved and Councilmember
Mikos seconded the motion to: 1) award a contract to
Martinez & Amador Architects, Inc. in the amount of
$164,000 and authorize the City Manager to execute said
contract; and 2) adopt Resolution No. 2001 -1867, amending
the FY 2001/2002 Budget, and allocating $200,000 for the
design of the Community Aquatics Facility. The motion
carried by roll call vote 3 -0, Mayor Hunter and
Councilmember Wozniak absent.
H. Consider Ado tion of an Interim Ordinance Enacting for
a Period of Forty -five Days a Moratorium on the
Issuance of Permits for Construction or Placement of
Wireless Telecommunications Facilities in the City,
and Declaring the Urgency Thereof. Staff
Recommendation: Adopt Interim Ordinance No.
(ROLL CALL VOTE REQUIRED: 4 /5ths affirmative vote)
Mayor Pro Tem Harper suggested taking any public
comments and then tabling the item to a later meeting
date.
Councilmember Millhouse discussed his reasoning for
asking this to be placed on the agenda. He discussed
potential projects and the need for comprehensive
planning about where wireless facilities should be
placed. He stated he would like to see the Planning
Commission be more involved in the decisions.
CONSENSUS: By consensus, the Council determined to table
this item to later in the meeting.
Minutes of the City Council
Moorpark, California Page 15
11. CONSENT CALENDAR:
July 18, 2001
MOTION: Councilmember Mikos moved and Councilmember Millhouse
seconded the Motion for approval of the Consent Calendar, with
Item ll.E. pulled for individual consideration. The motion
carried by roll call vote 3 -0, Mayor Hunter and Councilmember
Wozniak absent.
A. Consider Approval of Minutes of First Special Meetin
of Mav 30, 2001.
Consider App of Minutes of Special Meeting of
June 20, 2001.
Consider Approval of Minutes of Special Meeting of
June 27, 2001.
Staff Recommendation: Approve minutes as processed.
B. Consider Approval of Warrant Register - July 4, 2001.
Manual Warrants 106197 - 106199 & $ 41,528.54
106200 - 106202 &
106302 - 106303
Voided Warrants 105986 & 106086
(Pentamation additional
remittance copies) 106300
Payroll Liability 106188 - 106196
Warrants
$ (625.95)
$ 15,985.86
Regular Warrants 106203 - 106297 $230,072.03
Staff Recommendation: Approve the Warrant Register.
C. Consider Approval of Warrant Register - July 18, 2001.
Voided Warrants 104782 $(265,000.00)
Regular Warrants 106329 - 106466 $ 566,116.25
Staff Recommendation: Approve the Warrant Register.
Minutes of the City Council
Moorpark, California Page 16
July 18, 2001
D. Consider a Resolution Authorizing the City's FY
2001/2002 Transportation Development Act (TDA) Claim.
Staff Recommendation: Adopt Resolution No. 2001 -1868,
authorizing the FY 2001/2002 Transportation
Development Act claim for the City of Moorpark,
authorizing the City Manager to sign the claim for
submittal to the Ventura County Transportation
Commission (VCTC). (ROLL CALL VOTE REQUIRED).
F. Consider Report of Annual Development Agreement
Review, Established in Connection with Moorpark
Country Club Estates, Located Approximately 2,700 Feet
South of Broadway between Grimes Canyon Road and
Walnut Canyon Road (Tract 4928, Toll Brothers, Inc.) .
Staff Recommendation: 1) Accept the Director of
Community Development's Report and recommendation
that, on the basis of substantial evidence, Toll
Brothers, Inc. has complied in good faith with the
terms and conditions of the agreement; and 2) deem the
annual review process complete.
G. Consider Report of Annual Development Agreement
Review, Established in Connection with Residential
Planned Development Permit No. 97 -1, a 312 -unit
Apartment Project, Located on the West Side of
Moorpark Avenue, South of Los Angles Avenue and North
of the Arroyo Simi (Archstone Communities). Staff
Recommendation: 1) Accept the Director of Community
Development's Report and recommendation that, on the
basis of substantial evidence, Archstone Communities
has complied in good faith with the terms and
conditions of the agreement; and 2) deem the annual
review process complete.
H. Consider Report of Annual Development Agreement
Review, Established in Connection with Moorpark
Highlands Specific Plan No. 2, a Master Planned
Community, Located East of Walnut Canyon Road, North
of Charles Street (Tentative Tract 5045, Morrison-
Fount ainwood- Agoura). Staff Recommendation: 1) Accept
the Director of Community Development's Report and
recommendation that, on the basis of substantial
evidence, Morrison - Fountainwood- Agoura has complied in
good faith with the terms and conditions of the
agreement; and 2) deem the annual review process
complete.
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Minutes of the City Council
Moorpark, California Page 17 July 18, 2001
I. Consider Resolution Extending Franchise Agreements for
Cable Television Services with Adelphia Communications
Corporation. Staff Recommendation: Adopt Resolution
No. 2001 -1869 (Moorpark System).
J. Consider Resolution Extending Franchise Agreements for
Cable Television Services with Adelphia Communications
Corporation. Staff Recommendation: Adopt Resolution
No. 2001 -1870 (Mountain Meadows System).
K. Consider Approval of the Engineer's Report for
Assessment District ADO1 -3 [Cabrillo Economic
Development Corporation) - Tentative Tract 51611.
Staff Recommendation: Adopt Resolution No. 2001 -1871
approving the Engineer's Report for AD01 -3 for FY
2001/02 and setting August 1, 2001, as the date of a
public hearing to consider the levy of the assessments
provided for in said Engineer's Report.
L. Consider Settlement Agreement with West Pointe Homes,
Inc Regarding Time Extension for Tentative Tract Map
4620. Staff Recommendation: Approve the Settlement
Agreement subject to final language approval of the
City Manager and City Attorney and authorize the Mayor
to execute it on behalf of the City.
M. Consider Loan Agreement between the City of Moorpark
and the Moorpark Redevelopment Agency. Staff
Recommendation: Adopt Resolution No. 2001 -1872,
approving a Loan Agreement with the Moorpark
Redevelopment Agency.
N. Consider an Agreement Regarding Acquisition of
Property Between Archstone Communities and the City of
Moorpark to Acquire Certain Real Property for Public
Street Purposes. (Residential Planned Development
(RPD) No. 97 -1; Archstone Communities). Staff
Recommendation: Approve Agreement regarding
Acquisition of Property subject to final language
approval of the City Manager and City Attorney, and
authorize the City Manager to sign it.
0. Consider Approval of Final Map for Phase 1 of Tract
4928 located East of Grimes Canyon Road and West of
Walnut Canyon Road (Toll Brothers, Inc.). Staff
Recommendation: 1) Approve Final Map for Phase 1 of
rvv�ve.v
Minutes of the City Council
Moorpark, California Page 18
Tract 4928, including the offers
authorizing the abandonment of offers
access rights and easements shown
authorize the Mayor and City Clerk to
Map; and 3) Authorize recordation of
Phase 1 of Tract 4928.
July 18, 2001
of dedication
of dedication,
thereon; 2)
sign the Final
Final Map for
P. Consider Approval of Final Map for Phase 2 of Tract
4928 located East of Grimes Canyon Road and West of
Walnut Canyon Road (Toll Brothers, Inc.). Staff
Recommendation: 1) Approve Final Map for Phase 2 of
Tract 4928, including the offers of dedication,
rejecting the offer of dedication of the 41 feet wide
reservation for future road easement and authorizing
the abandonment of offers of dedication, access rights
and easements shown thereon; and 2) authorize the
Mayor and City Clerk to sign the Final Map; and 3)
Authorize recordation of Final Map for Phase 2 of
Tract 4928.
The following item was pulled for individual consideration:
E. Consider City of Moorpark General Plan Annual Report -
Including Housing Element Progress Report for Year
2000. Staff Recommendation: Receive and File the
report.
Councilmember Mikos discussed an e -mail she had
transmitted to staff, which included her recommended
revisions.
In response to Councilmember Mikos, Mr. Loftus stated
that there are alternatives to achieving the City's
fair share of the regional housing needs without
Specific Plan No. 8.
Councilmember Mikos stated it is important that staff
clarify what Mr. Loftus had stated in the report.
Councilmember Millhouse asked that the City Attorney
review the language proposed by Councilmember Mikos.
Mayor Pro Tem Harper stated that he concurred with
continuing this item and having staff revise the
report.
Minutes of the City Council
Moorpark, California Page 19 July 18, 2001
Mr. Kueny suggested that an alternative would be to
direct staff to incorporate the recommended revisions,
subject to final language approval of the City
Attorney, and to receive and file the report.
MOTION: Councilmember Mikos moved and Councilmember
Millhouse seconded a motion to direct staff to incorporate
the recommended revisions, subject to final language
approval of the City Attorney, and to receive and file the
report.
Councilmember Millhouse stated that although he
seconded the motion he would like to see the revised
version.
Mr. Kueny suggested that the maker of the motion and
the second rescind the motion and then direct that the
item come back on the August 1 meeting Consent
Calendar.
Councilmembers Mikos and Millhouse concurred with
rescinding the motion.
CONSENSUS: By consensus, the Council determined to continue
the item to the August 1, 2001 meeting Consent Calendar,
and directed that the City Attorney review Councilmember
Mikos's requested language changes to the General Plan
Annual Report.
12. ORDINANCES:
None.
13. CLOSED SESSION:
None was held.
10. PRESENTATION /ACTION /DISCUSSION:
H. Consider Adoption of an Interim Ordinance Enacting for
a Period of Forty -five Days a Moratorium on the
Issuance of Permits for Construction or Placement of
Wireless Telecommunications Facilities in the City,
and Declaring the Urgency Thereof. Staff
Recommendation: Adopt Interim Ordinance No.
(ROLL CALL VOTE REQUIRED: 4 /5ths affirmative vote)
Minutes of the City Council
Moorpark, California Page 20 July 18, 2001
CONSENSUS: By consensus, the Council determined to
continue this item to a Special Meeting to be held on July
19, 2001, at 6:30 p.m.
14. ADJOURNMENT:
MOTION: Councilmember Mikos moved and Councilmember Millhouse
seconded a motion to adjourn the meeting. The motion carried by
voice vote 3 -0, Mayor Hunter and Councilmember Wozniak absent.
The time was 9:46 p.m.
v v v v •
ACT7 f-)"; .
"- MINUTES OF THE CITY COUNCIL
!� r
_ •r}t %orrlis December 19, 2001
py:
A Special Meeting of the City Council of the City of Moorpark
was held on December 19, 2001, in the Community Center of said
City located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Pro Tem Mikos called the meeting to order at 6:00
p.m.
2. ROLL CALL:
Present: Councilmembers Harper and Wozniak and Mayor
Pro Tem Mikos
Absent: Councilmember Millhouse and Mayor Hunter
Staff Present: Steven Kueny, City Manager; Joseph Montes,
City Attorney; Bradley Wohlenberg, Assistant
City Attorney; Hugh Riley, Assistant City
Manager; and Deborah Traffenstedt, Assistant
to City Manager /City Clerk
3. PUBLIC COMMENT:
None.
4. PRESENTATION /ACTION /DISCUSSION:
A. Consider Increase to the Appropriation and Budget for
the Los Angeles Avenue Median Project [8025] to Fund
Additional Median Improvement Costs. Staff
Recommendation: Adopt Resolution No. 2001 -1921. (ROLL
CALL VOTE REQUIRED)
Mr. Kueny stated the staff report would be waived.
MOTION: Councilmember Wozniak moved and Councilmember
Harper seconded a motion to adopt Resolution No. 2001 -1921.
The motion carried by roll call vote 3 -0, Councilmember
Millhouse and Mayor Hunter absent.
B. Consider Resolution Designating Sagewood Drive to be a
Through Street in the Vicinity of Timberdale Road, and
Minutes of the City Council
Moorpark, California Page 2 December 19, 2001
Directing the Placement of a Stop Sign at the
Timberdale Road Entrance Thereto. Staff Recommendation:
Adopt Resolution No. 2001 -1922.
Mr. Kueny gave the staff report.
MOTION: Councilmember Wozniak moved and Councilmember
Harper seconded a motion to adopt Resolution No. 2001 -1922
as amended to allow consideration of an additional stop
sign. The motion carried by voice vote 3 -0, Councilmember
Millhouse and Mayor Hunter absent.
5. CLOSED SESSION:
Mr. Kueny announced that two cases under Item 5.A., two
cases under Item 5.B., and Items S.C. and S.D. would be
discussed in closed session.
Mr. Montes announced that for the first case under Item
5.A., the facts and circumstances creating significant
exposure to litigation consist of State Housing and
Community Development (HCD) authority under State law
pertaining to Housing Element adoption.
Mr. Montes also announced that for the second case under
Item 5.A., the facts and circumstances creating significant
exposure to litigation consist of written communications
threatening litigation received from Mackenzie & Albritton
LLP, legal counsel representing AT &T Wireless, and dated
November 30, 2001, and December 5, 2001.
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to adjourn to closed session for a discussion
of two cases under Item 5.A., two cases under Item 5.9., and
Items S.C. and S.D. The motion carried by voice vote 3 -0,
Councilmember Millhouse and Mayor Hunter absent. The time was
6:08 p.m.
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to
Subdivision (b) of Section 54956.9 of the Government
Code: (Number of cases to be discussed - 4)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c)
of Section 54956.9 of the Government Code: (Number of
cases to be discussed - 4)
Minutes of the City Council
Moorpark, California Page 3 December 19, 2001
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)
Present in closed session were Councilmembers Harper and
Wozniak and Mayor Pro Tem Mikos; Steven Kueny, City
Manager; Joseph Montes, City Attorney; Bradley Wohlenberg,
Assistant City Attorney; Hugh Riley, Assistant City
Manager; and Deborah Traffenstedt, Assistant to City
Manager /City Clerk.
Mr. Wohlenberg left the meeting at 6:27 p.m.
The Council reconvened into open session at 6:40 p.m. Mr.
Kueny stated that two cases under Item 5.A., two cases
under Item 5.B, and Items 5.C. and 5.D. were discussed and
that there was no action to report.
5. ADJOURNMENT:
Mayor Pro Tem Mikos adjourned the meeting at 6:40 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk