HomeMy WebLinkAboutAGENDA REPORT 2002 1204 CC REG ITEM 10AT'+
.�Ii�='1/�u�ce�✓�� MINUTES OF THE CITY COUNCIL
Moorpark, California August 21, 2002
A Special Meeting of the City Council of the City of Moorpark
was held on August 21, 2002, 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 6:05 p.m.
2. ROLL CALL:
Present: Councilmembers Harper, Mikos, Millhouse,
Wozniak, and Mayor Hunter.
Staff Present: Steven Kueny, City Manager; Joseph Montes,
City Attorney; Hugh Riley, Assistant City
Manager; Ken Gilbert, Public Works Director;
Barry Hogan, Community Development Director;
Walter Brown, City Engineer; and Deborah
Traffenstedt, Assistant to City Manager /City
Clerk.
3. PUBLIC COMMENT:
None.
4. PRESENTATION /ACTION /DISCUSSION:
A. Consider Approval of Final Parcel Map 5316 Located on
Park Crest Lane at Park Lane (USA Properties Fund,
Inc.) . Staff Recommendation: 1) Approve Final Parcel
Map 5316; 2) accept the offer of dedication of right -
of -way for street and highway purposes shown on the
map; 3) authorize the Mayor and City Clerk to sign the
Final Parcel Map; and 4) direct the City Clerk to
record Final Parcel Map 5316.
Mr. Brown gave the staff report.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to: 1) Approve Final Parcel Map
5316; 2) accept the offer of dedication of right -of -way for
street and highway purposes shown on the map; 3) authorize
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Moorpark, California Paqe 2
Auaust 21, 2002
the Mayor and City Clerk to sign the Final Parcel Map; and
4) direct the City Clerk to record Final Parcel Map 5316.
The motion carried by unanimous voice vote.
5. CLOSED SESSION:
Mr. Kueny announced that one case under Item 5.B. and Items
S.F. and 5.G. would be discussed in closed session.
MOTION: Councilmember Harper
seconded a motion to adjourn to
of one case under Item 5.B. and
carried by unanimous voice vote.
moved and Councilmember Mikos
closed session for a discussion
Items 5.F. and 5.G. The motion
The time was 6:07 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 - 10)
F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 504 -0- 021 -195, Moorpark, CA 93021
Agency Negotiator: Steven Kueny, City Manager
Negotiation Parties: The City of Moorpark and Joe
Fedele
Under Negotiation: Price and terms of payment
G. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 506 -0- 042 -015, Moorpark, CA 93021
Agency Negotiator: Steven Kueny, City Manager
Negotiation Parties: The City of Moorpark and Bert and
Placide Curts
Under Negotiation: Price and terms of payment
Present in closed session were all
Kueny, City Manager; Joseph Montes
Riley, Assistant City Manager; Ken
Director; Barry Hogan, Community
Walter Brown, City Engineer; and
Assistant to City Manager /City Clerk.
Councilmembers; Steven
City Attorney; Hugh
Gilbert, Public Works
Development Director;
Deborah Traffenstedt,
The Council reconvened into open session at 6:38 p.m. Mr.
Kueny stated that only one case under Item 5.B. was
discussed in closed session and that there was no action to
report.
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Moorpark, California Paqe 3 Auqust 21, 2002
6. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 6:38 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
MINUTES OF THE CITY COUNCIL
Moorpark, California October 2, 2002
A Regular Meeting of the City Council of the City of Moorpark
was held on October 2, 2002, 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 6:40 p.m.
2. INVOCATION:
Mayor Hunter requested a silent moment of reflection.
3. PLEDGE OF ALLEGIANCE:
Councilmember Millhouse led the Pledge of Allegiance.
4. ROLL CALL:
Present: Councilmembers Harper, Mikos, Millhouse,
Wozniak and Mayor Hunter.
Staff Present: Steven Kueny, City Manager; Mary Lindley,
Community Services Director; Barry Hogan,
Community Development Director; Walter
Brown, City Engineer; Captain Robert LeMay,
Sheriff's Department; Johnny Ea, Budget and
Finance Manager; Paul Porter, Principal
Planner; Laura Stringer, Senior Management
Analyst; Nancy Burns, Senior Management
Analyst; Deborah Traffenstedt, Assistant to
City Manager /City Clerk.
S. PROCLAMATIONS AND COMMENDATIONS:
A. Proclamation Recognizing Mental Illness Awareness
Week, October 6 - 12, 2002.
Mayor Hunter read the proclamation. Sonna Gray,
representing the National Alliance for the Mentally
Ill, was present to accept the proclamation.
Ms. Gray thanked the City for the proclamation.
B. Proclamation Recognizing Ventura County Arts Week and
Arts Day in California, October 4, 2002.
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Mayor Hunter read the proclamation and presented it to
Margarita Riley. Ms. Riley thanked the City for the
proclamation.
C. Recognize New City Employee, Johnny Ea, Budget and
Finance Manager.
Mayor Hunter provided a summary of Mr. Ea's experience
and welcomed him as a new employee to the City of
Moorpark.
6. PUBLIC COMMENT:
Moustafa Elgamiel, Moorpark resident, requested that the
Council reconsider his claim for damages from a soccer ball
that hit his vehicle as he was traveling on Collins Drive
adjacent to the City's park. He explained that the fencing
around the park does not adequately protect the public from
future incidents.
AT THIS POINT in the meeting, Mayor Hunter noted that the
regular Redevelopment Agency meeting had been cancelled.
7. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
Councilmember Mikos requested that Item ll.F be pulled from
the Consent Calendar for individual consideration.
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Mikos reported that Santa Monica Mountains
Conservancy's (SMMC) portion of Proposition 40 funding was
being distributed over several years, so that the year one
distribution amount was well below what was anticipated.
She further reported that SMMC is recommending that other
jurisdictions consider working together with SMMC to
perhaps pool their resources to develop the best way to
utilize these limited funds. Councilmember Mikos requested
that City staff contact SMMC staff and provide input on how
the Proposition 40 funds could benefit the City of Moorpark
with regard to acquisition of open space and related
programs.
Councilmember Mikos announced a Happy Camp Canyon Regional
Park hike on October 13, from 2:00 p.m. to 5:00 p.m. She
also announced a Jazz beneath the Trees fundraising event
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Moorpark, California Page 3 October 2, 2002
sponsored by the Commission on Human Concerns on October 5,
from 2:00 p.m. to 6:00 p.m.
Mayor Hunter announced the upcoming City Halloween party
and Trick or Treat Village at Arroyo Vista Recreation on
October 26, from 4:00 p.m. to 6:00 p.m.
9. PUBLIC HEARINGS:
A. Consideration Amending Fiscal Year 2002 -2003 Annual
Action Plan of Ventura County Community Development
Block Grant (CDBG) Fiscal Year 2000 -2005 Consolidated
Plan to Include Theater on High Project; Consider
Adoption of Resolution No. 2002- to Apply for
Section 108 Loan for Theater on High Project for
$500,000 from the U. S. Department of Housing and
Urban Development (HUD) for Furnishings, Fixtures, and
Equipment (FF &E) for the Theater at 45 East High
Street and for the Acquisition of 11 -17 East High
Street; and Consider Approving Agreement Between City
of Moorpark and Janss IV Recreation for Theater on
High Project. (Continued with public hearing open from
September 18, 2002 meeting.) Staff recommendation:
Continue the public hearing to October 16, 2002.
Mr. Kueny gave the staff report.
Mayor Hunter stated that the public hearing was still
open.
MOTION: Councilmember Harper moved and Councilmember Mikos
seconded a motion to continue this item, with the public
hearing open, to October 16, 2002. The motion carried by
unanimous voice vote.
B. Consider an Ordinance Amending Moorpark Municipal Code
Title 15 - Building and Construction, by Amending
Chapters 15.04, 15.08, 15.12, 15.14, 15.16, 15.18, and
15.20; Adopting By Reference and Amending the Current
Editions of Certain Model Codes. Staff Recommendation:
1) Open the public hearing, accept public testimony,
and close the public hearing; and 2) Introduce
Ordinance No. 289 for first reading, amending Title 15
of the Moorpark Municipal Code by amending Chapters
15.04, 15.08, 15.12, 15.14, 15.16, 15.18, and 15.20,
and adopting by reference and amending the current
editions of certain model codes.
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October 2, 2002
Ms. Stringer gave the staff report. She noted that
the City Engineer has recommended that Section 3704.1
SURFACE WATER be amended to read, "Surface water from
pool decks shall be collected and conducted through
non - erosive devices to an area suitable and in
conformance with the National Pollution Elimination
Systems Regulations (NPDES)."
In response to Councilmember Harper, Mr. Brown
explained that a dry well is a well that is filled
with an aggregate, such as broken rock, and used as a
seepage pit.
Mayor Hunter closed the public hearing.
Ms. Traffenstedt read the title of Ordinance No. 289.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to waive further reading of
Ordinance No. 289. The motion carried by unanimous voice
vote.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to introduce Ordinance No. 289
for first reading. The motion carried by unanimous voice
vote.
10. PRESENTATION /ACTION /DISCUSSION:
A. Consider Proposed Sign Program for Commercial Planned
Development Permit No. 2001 -01 (Moorpark Marketplace -
357,621 Square Foot Commercial Center) Located South
of New Los Angeles Avenue, East of Miller Parkway and
West of the SR -23 Freeway on the Application of Zelman
Retail Partners, Inc. (Continued from September 18,
2002 meeting.) Staff recommendation: Approve the
Master Sign Program subject to the staff recommended
modifications.
Mr. Porter gave the staff report. He presented a
video depicting the proposed sign at heights of
seventy -eight (78) feet and thirty -eight (38) feet.
He summarized staff's recommended revisions to the
Master Sign Program.
In response to Councilmember Millhouse, Mr. Porter
discussed the height and width of the freeway- oriented
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Minutes of the City Council
Moorpark, California Pacfe 5 October 2, 2002
pylon sign and referred a question regarding the size
of the Target sign to the applicant to answer.
Thomas Vachet, a Moorpark resident, said he moved to
Moorpark for its rural quality and environmental
excellence, and expressed his concern about the size
of the pylon sign being the tallest commercial sign in
Ventura County.
Craig M. Parker, a Moorpark resident, spoke in
opposition to the 78 -foot high sign, and urged the
Council to preserve the quality of life in Moorpark.
Lise Houston, a Moorpark resident, said that the sign
was not necessary and that its presence would degrade
the value of Moorpark. She stated there is currently
a beautiful view of the hills. She noted that no
other retail establishment required such a sign along
State Route 23 or Highway 118 in Ventura County.
Pierce Verleur, a Moorpark resident, said that he
would like to have a nice center but did not want to
emulate the San Fernando Valley. He asked the Council
to preserve the aesthetics of the City.
Randy Potts, representing Superior Signs in Long
Beach, and Brian Wolfe, representing P & R Architects,
111 W. Ocean Blvd., 21St Floor, Long Beach, responded
to Councilmember Millhouse's questions regarding the
appearance and dimensions of the freeway- oriented
pylon sign.
Robert Exel, representing Zelman Retail Partners, 515
South Figueroa, Suite 1230, Los Angeles, discussed
alternatives that were looked at and stated that
Target will not sign a purchase agreement until the
freeway- oriented pylon sign is approved.
In response to Councilmember Millhouse, Mr. Wolfe
described the signage proposed in conjunction with the
food court and fountain.
Councilmember Millhouse stated that as proposed, a
fountain with advertising does not constitute art.
In response to Councilmember Mikos, Mr. Wolfe stated
that the scaffolding near the fountain was not part of
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October 2, 2002
the art project, and that the signage was shown on the
arches.
Councilmember Mikos recommended that the font type for
the signage have more attractive lettering.
In response to Councilmember Mikos, Mr. Porter
confirmed that the development would comply with the
Lighting Ordinance for the Carlsberg Specific Plan, as
amended.
In response to Councilmember Mikos, Mr. Wolfe stated
that Caltrans requires fencing adjacent to State Route
23, but that they would build decorative fencing next
to the pylon sign. Mr. Brown explained that Caltrans
looks at what the local jurisdiction wants regarding
fencing.
In response to Councilmember Mikos, Mr. Exel stated
that only the Kohl's store was guaranteed at this
time. He stated that if Target backs out, other
tenants would not sign their leases. He stated that a
less elaborate sign could be built, but that it
wouldn't be as attractive. He agreed with Mr. Wolfe
that he believed Caltrans would approve a fence
change.
Councilmember Wozniak expressed concern relative to
the size of the sign and the apparent insistence by
the prospective tenants for the sign.
In response to Councilmember Wozniak, Mr. Exel stated
that Target has consistently stated since day one that
they had to have this sign. Mr. Wolfe explained that
the site was unusual because of the low elevation
relative to the freeway, which minimized visibility.
Mr. Exel discussed problems with alternative sign
locations.
In response to Councilmember Harper, Mr. Wolfe
described how a wider and shorter pylon sign would
look.
Councilmember Mikos expressed concern that the wider
and shorter design would look like a billboard.
Mayor Hunter reiterated Councilmember Wozniak's
concerns, and said he must consider the interests of
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October 2, 2002
Moorpark not the prospective tenants. He noted that
there were no depictions of the sign at street level,
from nearby residential neighborhoods, or at
nighttime. Mayor Hunter stated that he could not
support this level of signage and strongly encouraged
the Council to refer the item back to the Council Ad
Hoc Committee.
Mr. Excel stated that he believed the Council approved
the freeway- oriented pylon sign height and location in
conjunction with the third amendment to the settlement
agreement.
Councilmember Millhouse advised that the Council
should discuss this particular issue with the City
Attorney before further deliberation.
Mr. Kueny agreed that the matter should be discussed
with the City Attorney and suggested that the item be
continued for two weeks.
Councilmember Harper expressed concern that without a
consensus on the height, the Ad Hoc Committee could
not make a different recommendation.
In response to the Council's concerns, Mr. Kueny
suggested tabling the item and recommended a telephone
conversation with the City Attorney in closed session
due to a threat of litigation.
CONSENSUS: By consensus, the Council agreed to table the
item to determine if a conference call could be arranged
with the City Attorney.
B. Consider a Resolution Ratifying the Implementation of
Appendix VII of Ventura County Fire Protection
District Ordinance 24 within Jurisdictional Boundaries
of the City of Moor
Approve Resolution No.
County Fire Protection
Appendix VII pertaining
application within the
the City of Moorpark.
)ark. Staff Recommendation:
2002 -2010 ratifying Ventura
District Ordinance No. 24,
to building standards for
jurisdictional boundaries of
Ms. Stringer gave the staff report.
In response to Councilmember Harper, Diane Morgan,
County Fire Marshall, stated that the ordinance has
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Moorpark, California Page 8 October 2, 2002
not been changed in regard to allowing homeowners to
add 500 of the existing square footage to their homes
without installing sprinklers.
In response to Councilmember Mikos, Ms. Morgan
confirmed that new construction of 5,000 square feet
or more would require sprinklers.
MOTION: Councilmember Millhouse moved and Councilmember
Harper seconded a motion to approve Resolution No. 2002-
2010, ratifying Ventura County Fire Protection District
Ordinance No. 24, Appendix VII pertaining to building
standards for application within the jurisdictional
boundaries of the City of Moorpark. The motion passed by
unanimous voice vote.
AT THIS POINT in the meeting, Mayor Hunter announced that Item
10.C. would be deferred until after the Consent Calendar.
11. CONSENT CALENDAR:
MOTION: Councilmember Mikos moved and Councilmember Wozniak
seconded a motion to approve the Consent Calendar with the
exception of Item No. 11.F., which was pulled for individual
consideration. The motion carried by unanimous roll call vote.
A. Consider Approval of Minutes of Regular Meeting of
March 20, 2002.
Consider Approval of Minutes of Regular Meeting of
June 5, 2002.
Staff Recommendation: Approve minutes
B. Consider Approval of Warrant Register
as processed.
for Fiscal Year
2002 -2003 - October 2, 2002.
Manual Warrants
110550 -
110550 &
$
1,204.31
110641 -
110642
$
69,472.60
Payroll Liability
110643 -
110650
$
13,052.37
Warrants
Regular Warrants
110651 -
110744
$
22,337.55
110745 -
110767
$211,580.01
Staff Recommendation: Approve the warrant register.
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Moorpark, California Paae 9 October 2, 2002
C. Consider Authorizing the Sale of 6479 Penn Avenue #B.
Staff Recommendation: 1) Approve Resolution No. 2002-
2011, authorizing the sale of 6479 Penn Avenue, Unit
#B, Moorpark, for fair market value, and no less than
$218,745, plus estimated costs of sale; 2) Direct the
City Manager to approve reconveyance of the City's
interest in this property; and 3) Direct staff to
publish notice of a public hearing to be held November
6, 2002, to consider reallocating funds realized from
the sale of this property.
D. Consider Approval of Disposal of Surplus Computer and
Related Equipment. Staff Recommendation: Staff
recommends that the City Council adopt Resolution No.
2002 -2012 declaring computer equipment surplus.
E. Consider Adoption of a Resolution Amending the FY
2002/03 Budget to Cover Final Project Costs and
Authorize Recordation of the Notice of Completion for
the Construction of the AVCP Phase II
Restroom /Storage /Concession Facility Project. Staff
Recommendation: 1) Adopt Resolution No. 2002 -2013
amending the FY 2002/03 budget by appropriating an
additional $30,000 from the Park Improvement Fund -
Community Zone; 2) Accept the work as complete; 3)
Authorize the City Clerk to file the Notice of
Completion for the project; and 4) Authorize the
release of the balance of payment, due upon
satisfactory clearance and 35 days after Notice of
Completion records and completion of close -out
contractual obligations on the part of the contractor.
G. Consider Art in Public Places Project for CUP No. 94 -1
(Moorpark Country Club Estates) . Staff Recommendation:
Approve the Toll Brothers' Art in Public Places
project as submitted.
H. Consider Rejection of Claim: Moustafa Elgamiel. Staff
Recommendation: Reject the claim and direct staff to
send a standard rejection letter to the claimant.
I. Consider Adoption of Resolution Revising
Administrative Fees for Towing of Vehicles and
Rescinding Resolution No. 97 -1298. Staff
Recommendation: Adopt Resolution No. 2002 -2014.
J. Consider a Request for the Reduction of Sureties for
Tract Improvements and Refund of a Cash Bond for
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October 2, 2002
Street Repairs Associated with Tract 5201 (Wilshire
Builders, Inc.). Staff Recommendation: 1) Authorize
the City Clerk to reduce surety #SD00076748,
SD00076749, SD00076750, and SD00076751 as outlined in
the agenda report; 2) Authorize the City Clerk to
refund the cash surety for street repairs in the
amount of $25,703.37 to Wilshire Builders; and 3)
Authorize the City Clerk to fully exonerate all surety
bonds held by the City for Tract 5201 one year after
this approval of the reduction of surety bonds and
upon written confirmation from the City Engineer that
no warranty work is required.
K. Consider Adoption of a Resolution Directing the
Planning Commission to Hold a Public Hearing and
Provide a Recommendation on a General Plan Amendment
and Zone Change on 0.33 Acres Located at the Northwest
Corner of Los Angeles Avenue and Millard Street. Staff
Recommendation: Adopt Resolution No. 2002 -2015,
directing the Planning Commission to study a potential
General Plan Amendment and Zone Change at the
northwest corner of Los Angeles Avenue and Millard
Street and provide a recommendation to the City
Council.
L. Consider Solid Waste Franchise Extension. Staff
Recommendation: Approve an extension of the City's
Franchise Agreements with Moorpark Rubbish Disposal
and GI Industries through October 31, 2002, and
authorize the City Manager to execute the extension.
M. Consider Resolution Adopting Revised Rules of
Procedure for Council Meetings and Related Functions
and Activities and Rescinding Resolution No. 99 -1613.
Staff Recommendation: Adopt Resolution No. 2002 -2016.
The following item was pulled from the Consent Calendar for
individual consideration:
F. Consider Resolution Authorizing the City's FY 2002/03
Transportation Development Act Claim. Staff
Recommendation: Adopt Resolution No. 2002 -2017
authorizing the FY 2002/2003 TDA claim for the City of
Moorpark and authorizing the City Manager to sign the
claim for submittal to VCTC.
Councilmember Mikos explained that she wanted the
public to know that the funds were used for various
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Moorpark, California Paqe 11
October 2, 2002
items and programs such as the senior citizen dial -a-
ride, new bus stop signs, new bus shelters, summer
beach bus, two fixed route systems, new buses,
Metrolink maintenance, and the Country Days bus.
MOTION: Councilmember Mikos moved and Councilmember Wozniak
seconded a motion to adopt Resolution No. 2002 -2017
authorizing the FY 2002/2003 TDA claim for the City of
Moorpark and authorizing the City Manager to sign the claim
for submittal to VCTC. The motion carried by unanimous
voice vote.
AT THIS POINT in the meeting, Mayor Hunter requested a motion
for closed session to discuss under Item 13.A. the threat of
litigation pertaining to Item 10.A.
MOTION: Councilmember Millhouse moved and Councilmember
Mikos seconded a motion to adjourn to Closed Session to
confer with legal counsel under Item 13.A., one case,
pertaining to Item 10.A. The motion carried by unanimous
voice vote. The time was 8:42 p.m.
Mr. Kueny announced that the facts and circumstances
creating significant exposure to litigation, which
facts and circumstances are known to potential
plaintiffs, consist of a verbal threat of litigation
from Robert Exel pertaining to the Third Amendment to
the Settlement Agreement between the City of Moorpark
and Conejo Freeway Partners.
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)
Present in Closed Session were all Councilmembers;
Steven Kueny, City Manager; Joseph Montes, City
Attorney (via telephone conference call); Barry Hogan,
Community Development Director; and Deborah
Traffenstedt, Assistant to the City Manager /City
Clerk.
The Council reconvened into open session at 9:25 p.m.
Mayor Hunter stated that Item 10.A. was discussed in
closed session under Item 13.A. Mr. Kueny stated that
there was no action to report.
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Moorpark, California Paqe 12
October 2, 2002
AT THIS POINT in the meeting, Mayor Hunter announced that the
Council would continue its discussion of Item 10.A and the
remaining agenda items.
10. PRESENTATIONS /ACTIONS /DISCUSSION:
A. Consider Proposed Sign Program for Commercial Planned
Development Permit No. 2001 -01 (Moorpark Marketplace -
357,621 Square Foot Commercial Center) Located South
of New Los Angeles Avenue, East of Miller Parkway and
West of the SR -23 Freeway on the Application of Zelman
Retail Partners, Inc. (Continued from September 18,
2002 meeting.) Staff recommendation: Approve the
Master Sign Program subject to the staff recommended
modifications.
In response to Mayor Hunter, Mr. Wolfe stated that he
had sketched an alternative sign that was
approximately 55 feet in total height and 42 feet in
width. He agreed to incorporate the arch features
into the sign's design. Mr. Wolfe confirmed that he
could create renditions of the sign in time for a
special City Council meeting next week.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to continue Item 10.A. to
Tuesday, October 8, 2002, at 6:30 p.m. The motion carried
by unanimous voice vote.
C. Consider Cancellation of Special Meeting Scheduled for
October 9, 2002 and Rescheduling of Agenda Items.
Staff Recommendation: Direct staff as deemed
appropriate.
Mr. Kueny gave the staff report and suggested a
special meeting be held on October 30, 2002, that
would not be televised.
CONSENSUS: By consensus, the Council determined to cancel
the special meeting scheduled for October 9, and reschedule
the special meeting to October 30, at 6:30 p.m., for a
workshop session to review concept design recommendations
for the Police Services Center and for discussion of a
State Route 23 study.
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Moorpark, California Paqe 13 October 2, 2002
12. ORDINANCES:
A. Consider Ordinance No. 286, an Ordinance of the City
of Moorpark, California, Amending Chapter 17.30 of the
Moorpark Municipal Code Related to Lighting
Regulations. Staff Recommendation: Declare Ordinance
No. 286 read for the second time and adopted as read.
Ms. Traffenstedt read the title of Ordinance No. 286.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to waive further reading of
Ordinance No. 286. The motion carried by unanimous voice
vote.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to declare Ordinance No. 286 read
for a second time and adopted as read. The motion carried
by unanimous voice vote.
B. Consider Ordinance No. 287, an Ordinance of the City
of Moorpark, California, Approving Zone Change No.
2002 -03 to Align Zone Boundaries with Lot Lines in
Vesting Tentative Tract Map No. 4928 and to Allow for
a Lot Line Adjustment for the Development of a Water
Tank Site for the Moorpark Country Club Estates.
Staff Recommendation: Declare Ordinance No. 287 read
for the second time and adopted as read.
Ms. Traffenstedt read the title of Ordinance No. 287.
MOTION: Councilmember Wozniak moved and Councilmember
Harper seconded a motion to waive further reading of
Ordinance No. 287. The motion carried by unanimous voice
vote.
MOTION: Councilmember Wozniak moved and Councilmember
Harper seconded a motion to declare Ordinance No. 287 read
for a second time and adopted as read. The motion carried
by unanimous voice vote.
C. Consider Ordinance No.
of Moorpark, California
Chapter 12.16, Parks, c
and Public Places, of
Staff Recommendation:
for the second time and
288, an Ordinance of the Cit
Amending Section 12.16.050 of
Title 12, Streets, Sidewalks,
the Moorpark Municipal Code.
Declare Ordinance No. 288 read
adopted as read.
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Moorpark, California Paqe 14 October 2, 2002
Ms. Traffenstedt read the title of Ordinance No. 288.
MOTION: Councilmember Wozniak moved and Councilmember
Harper seconded a motion to waive further reading of
Ordinance No. 288. The motion carried by unanimous voice
vote.
MOTION: Councilmember Wozniak moved and Councilmember
Harper seconded a motion to declare Ordinance No. 288 read
for a second time and adopted as read. The motion carried
by unanimous voice vote.
13. CLOSED SESSION:
No additional closed session was held.
14. ADJOURNMENT:
MOTION: Councilmember Harper moved and Councilmember Mikos
seconded the motion to adjourn the meeting to Tuesday, October
8, 2002, at 6:30 p.m. The motion carried by unanimous voice
vote. The time was 9:33 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
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MINUTES OF THE CITY COUNCIL
Moorpark, California October 17, 2002
An Adjourned Meeting of the City Council of the City of Moorpark was
held on October 17, 2002, 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 6:45 p.m.
2. PLEDGE OF ALLEGIANCE:
Boy Scout Troop 649 led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Harper, Mikos, Millhouse,
Wozniak and Mayor Hunter.
Staff Present: Steven Kueny, City Manager; Hugh Riley,
Assistant City Manager; Joseph Montes, City
Attorney; Ken Gilbert, Director of Public
Works; Walter Brown, City Engineer; Captain
Robert LeMay, Sheriff's Department; John
Hartnett, Recreation Superintendent; Barry
Hogan, Community Development Director; Paul
Porter, Principal Planner; Nancy Burns, Senior
Management Analyst; Laura Stringer, Senior
Management Analyst; Deborah Traffenstedt,
Assistant to City Manager /City Clerk; and
Maureen Benson, Deputy City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Proclamation Recognizing Red Ribbon Week, October
19 - 27, 2002.
Mayor Hunter read the proclamation and presented it
to Captain Robert LeMay. Captain LeMay announced
that red ribbons would be available to the public
at the Moorpark Police Department and other various
locations within the city.
B. Proclamation Recognizing the month of October as
Domestic Violence Awareness Month.
Mayor Hunter read the proclamations. Cathy
Brudnicki, representing Interface Children Family
Services and Bonnie Warrington, representing
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Moorpark, California Page 2
October 17, 2002
Soroptimist International, Camino Real Region, were
present to accept the proclamations. Ms. Warrington
presented the Mayor with handouts for city staff to
give to the public, which provide the National
Domestic Violence Hotline and Teen Assist phone
numbers.
C. City Manager's Monthly Report.
Mr. Kueny introduced Hugh Riley, Assistant City
Manager, who gave the monthly report.
Mr. Riley provided an update of the Administrative
Services Department's progress with regard to
several projects including interfacing assets
inventory reports into the permanent active
Financial Management System; the audit of the
City's transit programs; the City's annual audit;
the submission of Fiscal Year 2001 -2002 annual
street report to the State Controller; testing of
new financial software for tracking developer
deposit accounts known as the Deposit /Expense Time
Tracking System (DETTS); participation in
countywide sharing of data to develop a Geographic
Information System (GIS); finalization of a
contract with a consultant who will upgrade the
design of the City's website; conversion of the
City's computer operating system from Microsoft
Windows NT to Microsoft 2000; and the availability
of the archived video version of City Council
meetings on the City's website at
www.ci.moorpark.ca.us.
5. PUBLIC COMMENT:
Dale Parvin, President -elect and Fund Raising Chair,
representing the Moorpark Rotary Club, announced the upcoming
Civil War battle enactment to be held at the Tierra Rej ada
Ranch, 3340 Moorpark Road, from 10:00 a.m. to 4:00 p.m. on
Saturday, November 2, and Sunday, November 3, 2002.
Amado Reynoso, a Moorpark resident, expressed concerns
regarding safety issues associated with the Colmer
Development, including the increased number of cars emptying
onto Flory Avenue; parking provided on only one side of the
street; and children playing in the increasingly busy street.
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Moorpark, California Page 3 October 17, 2002
In response to Mayor Hunter, Mr. Kueny deferred to Mr. Hogan
to advise the Council on the status of the Colmer project,
Tentative Tract Map No. 5307.
Mr. Hogan stated that a modification to add three affordable
units to the previously approved Colmer subdivision recently
went before the Planning Commission; the Redevelopment Agency
is working with the developer to add the affordable units to
what is currently Agency -owned property; and the Planning
Commission considered and recommended approval of a Minor
Modification to Tentative Tract Map No. 5307, a General Plan
Amendment, and a Zone Change, all of which will come before
the Council in the near future.
In response to Mayor Hunter, Mr. Hogan stated that the
original homes in the Colmer subdivision would not be
adversely affected by the proposed changes.
AT THIS POINT in the meeting, the City Council recessed to convene
a meeting of the Moorpark Redevelopment Agency. The time was 7:02
p.m. The City Council meeting reconvened at 7:07 p.m.
6. 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.)
Councilmember Millhouse requested that Item 9.A. be considered
prior to Public Hearings.
CONSENSUS: By consensus, the Council determined to reorder Item
9.A. to be considered immediately prior to the consideration of the
Public Hearings.
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Mayor Hunter announced the upcoming City Halloween Party and
Trick or Treat Village at Arroyo Vista Recreation Center on
October 26, 2002, from 4:00 to 6:00 p.m.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Presentation by Glen Becerra, Regional Manager,
Southern California Edison.
Rudy Gonzales, Regional Manager for Southern California
Edison, began the presentation. He discussed the consequences
experienced by his company and consumers due to the
deregulation of utility companies and provided an overview of
Minutes of the City Council
Moorpark, California Page 4
October 17, 2002
the future of his company since the energy supply shortages of
the recent past. He introduced Glen Becerra as the new
Regional Manager for the City of Moorpark.
Mr. Becerra also introduced himself as a Councilmember from
the City of Simi Valley. He stated that he looks forward to
working with the City of Moorpark in both capacities.
8. PUBLIC HEARINGS:
A. Consider Amending Fiscal Year 2002 -2003 Annual Action
Plan of Ventura County Community Development Block Grant
(CDBG) Fiscal Year 2000 -2005 Consolidated Plan to Include
Theater on High Project; Consider Adoption of Resolution
No 2002- to Apply for Section 108 Loan for Theater on
High Project for $500,000 from the U. S. Department of
Housing and Urban Development (HUD) for Furnishings,
Fixtures and Equipment (FF &E) for the Theater at 45 East
High Street and for the Acquisition of 11 -17 East High
Street; and Consider Approving Agreement Between City of
Moorpark and Janss IV Recreation for Theater on High
Project. (Continued with public hearing open from October
2, 2002 meeting.) Staff Recommendation: 1) Close public
hearing; and 2) Decline request for Section 108 loan
application, agreement with Janss IV Recreation, and
amending Annual Action Plan.
Mr. Kueny gave the staff report.
Mayor Hunter stated that the public hearing remains open.
There were no public speakers for this item, and Mayor
Hunter closed the public hearing.
MOTION: Councilmember Millhouse moved and Councilmember
Wozniak seconded a motion to: 1) Close the public hearing; and
2) decline the request for Section 108 loan application,
agreement with Janss IV Recreation, and amend the Annual
Action Plan. The motion carried by unanimous voice vote.
B. Consider Industrial Planned Development Permit No. 2000-
10, a Request to Construct an Approximately 113,994
Square Foot Mini - Warehouse /Office Building on a 112,184
Square Foot Parcel Located at 875 Los Angeles Avenue, at
the Northwest Corner of Los Angeles Avenue and Goldman
Avenue, on the Application of Asadurian
Investments. (Continued from August 21, 2002 meeting.)
Staff Recommendation: Continue the public hearing to
November 6, 2002, with the public hearing open.
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Moorpark, California Page 5
October 17, 2002
Barry Hogan stated that the applicant indicates
additional time is needed beyond November 6, 2002, to
allow time to work with the Ad Hoc Committee and staff.
He stated that staff recommends continuing the public
hearing open to December 18, 2002.
Councilmember Millhouse asked if Councilmember Wozniak is
comfortable continuing to work on that Ad Hoc Committee
in light of his pending retirement.
Mr. Kueny stated that he does not see a need for
reorganization of the membership since he anticipates the
Ad Hoc Committee will have concluded their work on this
item early in December in order to be heard by December
18, 2002.
Mayor Hunter stated that the public hearing remains open.
There were no public speakers for this item, and Mayor
Hunter closed the public hearing.
MOTION: Councilmember Harper moved and Councilmember Mikos
seconded a motion to continue the public hearing open to
December 18, 2002, to allow the Ad Hoc Committee and staff to
work with the applicant. The motion carried by unanimous
voice vote.
C. Consider Minor Modification No. 3 to Commercial Planned
Development No. 92 -01 to Modify the Conditions of
Approval Pertaining to Permit Expiration and to Review
Existing Conditions of Approval for Compliance with
Current City Standards for the Gasoline Station /Mini -mart
at the Southwest Corner of Moorpark and Los Angeles
Avenues. Applicant: Moorpark Oil Company. Staff
Recommendation: 1) Open the public hearing, accept
public testimony, and close the public hearing; and 2)
Adopt Resolution No. 2002 -2018 approving Minor
Modification No. 3 to Commercial Planned Development No.
92 -01, amending Conditions of Approval.
Mr. Hogan gave the staff report.
In response to Mayor Hunter, Mr. Montes stated that the
City's opinion is that the Commercial Planned Development
(CPD) permit can expire due to discontinuance of use; the
applicant is arguing that the use did not cease due to
receivership; and that he recommends any further
discussion of the legal issues be held in closed session.
In response to Councilmember Wozniak, Mr. Hogan stated
that staff has requested the Alcohol Beverage Commission
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Moorpark, California Page 6 October 17, 2002
(ABC) license transfer be held and that sign permits not
be approved until resolution of this issue.
In response to Councilmember Wozniak, Mr. Kueny confirmed
that whether or not the applicant bonds for the
conditions, staff's opinion is that the improvements must
be completed before alcohol sales are permitted.
In response to Councilmember Millhouse, Mr. Hogan stated
that the question of abandonment is no longer an issue,
since the applicant has indicated the project conditions
are acceptable.
Councilmember Mikos stated that there appears to be a
reasonable compromise, if the applicant acquiesces and an
efficient conclusion is reached.
Mayor Hunter opened the public hearing.
Sam Atassi, President of Moorpark Oil Company, Inc., 50
W. Los Angeles Avenue, Moorpark, California, stated that
he is in agreement with the recommended conditions and is
available for questions.
In response to Councilmember Harper, Mr. Atassi stated
that he is planning to start complying with the
conditions right away; and that once he receives all of
the permits, he expects to be completed within a few
weeks. He also stated his ABC license is ready to be
issued upon the City's concurrence.
In response to Councilmember Wozniak, Mr. Atassi
confirmed that he is in agreement with the withholding of
the ABC license, since he will be in compliance with the
conditions very soon.
In response to Mayor Hunter, Mr. Atassi explained that
the conditional approval from the ABC allows him to sell
beer and wine; however, at the request of the City, he is
not selling alcohol.
Tom Cohen, Esq., attorney for the applicant, Moorpark Oil
Co., Inc., Westlake Village, California, stated he is
available for questions.
Councilmember Millhouse stated that this is an easy fix
and he will support staff's recommendation.
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Moorpark, California Page 7
October 17, 2002
In response to Councilmember Mikos, Mr. Hogan stated that
staff has requested that ABC hold the transfer of the
license and that Mr. Atassi has been cooperative.
Councilmember Mikos stated that she is glad the upgrades
to the landscaping and the National Pollution Discharge
Elimination System (NYPDES) requirements will be taking
place. She went on to state her support of staff's
recommendation.
In response to Mayor Hunter, Mr. Hogan stated that
Exhibit A., Item 4., allows staff flexibility to bring
the site into compliance with the landscape plans by
substituting some plant materials.
Mayor Hunter closed the public hearing.
MOTION: Councilmember Millhouse moved and Councilmember Mikos
seconded a motion to adopt Resolution No. 2002 -2018 approving
Minor Modification No. 3 to Commercial Planned Development No.
92 -01, amending the Conditions of Approval. The motion passed
by unanimous voice vote.
B. Consider Proposed Sign Program for Commercial Planned
Development Permit No. 2001 -01 (Moorpark Marketplace -
357,621 Square Foot Commercial Center) Located South of
New Los Angeles Avenue, East of Miller Parkway and West
of the SR -23 Freeway on the Application of Zelman Retail
Partners, Inc. (Continued from October 8, 2002 adjourned
meeting.) Staff Recommendation: Approve the Master Sign
Program subject to the staff recommended modifications.
Mr. Porter gave the staff report, including a PowerPoint
presentation of the modifications made to the signs. He
stated that staff recommends Option B with the clock
tower for the freeway pylon sign; a 20 -foot pylon sign
with a roof style; the remainder of the suggested
modifications listed in the August 26, 2002, staff
report, except for the elimination of Item 6; and
Councilmember Mikos' recommendations from the previous
Council meeting.
In response to Mayor Hunter, Mr. Porter deferred to the
applicant on how the clock face is to be lighted.
Mayor Hunter stated that the public hearing remains open.
Brian Wolfe, architect for P & R Architects, 111 West
Ocean Boulevard, #2100, Long Beach, California, added to
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Moorpark, California Page 8
October 17, 2002
staff's description of the signage changes including a
reduction in the height of the 24 -foot New Los Angeles
Avenue sign to 20 feet, along with a reduction in width
from 10 feet to 9 feet; architectural changes to the top
of the sign to replace the solid panel including
revisions to the cap to include full dimensional columns,
a space for Target's logo, and termination in a flat
cornice; and low- intensity surface illumination in
compliance with the Lighting Ordinance to accent the
clock face. He stated that a gable roof could be added
to the 20 -foot pylon sign, but that he recommends not
adding that feature. He said that they agree with the
staff recommendations.
In response to Councilmember Mikos, Mr. Wolfe stated that
adding music to the clock tower might be offensive to
some people.
Councilmember Harper stated that although he prefers a
wider, lower sign, he likes Option B, which is very
attractive.
In response to Councilmember Harper, Mr. Wolfe indicated
that the column features can be carried over to the
east /west elevations.
In response to Councilmember Mikos, Mr. Wolfe stated that
the columns can be tapered, as seen in the previous
version.
CONSENSUS: By consensus, the Council determined that a
tapered design was preferable for the columns.
Robert Exel, representing Zelman Retail Partners, 515
South Figueroa, Suite 1230, Los Angeles, California,
stated he was available for questions.
Eloise Brown, a previous Moorpark resident who currently
resides in Arizona, stated her opposition to the six -
story high Target sign as it will become a defining
statement for the City of Moorpark.
Mayor Hunter closed the public hearing.
Councilmember Harper stated that he prefers Option B for
the freeway pylon sign with the modifications discussed,
including the more ornate cap and base, tapered columns
on all elevations, and the clock face on the east and
west sides.
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Moorpark, California Page 9
October 17, 2002
Mayor Hunter asked if there was a consensus on the
freeway pylon sign. The majority of the Council was in
favor of Option B with the more ornate cap and base
elements, tapered columns on all elevations, and
containing a clock face on the east and west sides.
Mayor Hunter and Councilmember Millhouse were opposed.
Councilmember Harper stated that the 20 -foot high sign at
the 9 -foot width is fine without the roof element.
CONSENSUS: By consensus, the Council determined that the more
slender 9 -foot wide version of the 20 -foot high sign without a
roof element was acceptable.
In response to Councilmember Harper, Mr. Wolfe stated
that the national chain stores would have their trade
mark logo and fonts on the 12 -foot sign, while other
smaller tenants would be limited to one of three colors
using dimensional letters with different fonts.
Councilmember Harper stated that the 12 -foot sign is
attractive looking and he concurs with the applicant that
there be should be no decorative roof feature. He went
on to state that the line drawing of the colonnade at the
food court shows the tenant logos have been moved away
from the water feature, which should make it more
acceptable to Councilmember Millhouse.
CONSENSUS: By consensus of the Council, it was determined
that the 12 -foot high sign need not have a roof feature and
that the logos shown on the colonnade near the proposed
fountain should be moved away from the water feature.
Mayor Hunter asked if there was a consensus to accept
staff's recommendation to delete Modification No. 6.
CONSENSUS: By consensus of the Council, it was determined
to accept staff's recommendation to delete Modification No. 6.
Councilmember Millhouse stated his opposition to the
project and proposed sign program. He stated he could
not support a 66 -foot high pylon sign.
Mayor Hunter stated his opposition to the sign program,
indicating that a 66 -foot high sign is inappropriate for
the community and in this location; the Council is making
this decision under threat of litigation; and other
shopping centers have been successful without
extraordinary signage.
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Moorpark, California Page 10
October 17, 2002
Councilmember Harper stated that he is not voting in
favor of the proposal out of fear of litigation; he likes
the tenant mix; the residents want to shop in their own
community; he wants to be there for the grand opening;
and he welcomes the Zelman project to the City.
Mayor Hunter stated that if there is no reluctance over
litigation then why is a 35 -foot sign not acceptable.
Councilmember Harper stated that a shorter 45 -foot, wider
version was previously presented and was not accepted.
Councilmember Mikos stated that she had wanted the
applicant to come back to the Council with examples of
both a short and tall version of the freeway sign;
however, the Council voted to have a shortened, 66 -foot
version of the tall sign return to Council. She stated
that if litigation is still of concern, the Council
should go into closed session. She suggested that the
applicant approach Target again to request the
elimination of the freeway- oriented pylon sign.
MOTION: Councilmember Harper moved to approve the Master Sign
Program with the incorporation of the modifications
recommended by staff and the Council.
Councilmember Millhouse declared, as a point of order,
that he takes exception to Councilmember Mikos'
suggestion that the two dissenting members of the Council
voted against giving the developer the option to come
back with a shorter version of the sign; that the Council
had already voted to allow a sign up to 78 -feet in
height; and that the design of the sign was all that was
under consideration at this time.
Councilmember Mikos stated that she had reviewed the
video tapes and it was clear that she had been outvoted
about looking at both short (45 -foot) and tall (66 -foot)
options when the majority of the council, including the
two ultimately dissenting members, had wanted to see only
66 -foot sign options for additional consideration, not
the shorter design options. Councilmember Mikos
indicated that this was why no shorter designs remained
for consideration at this time.
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Moorpark, California Page 11
MOTION: Councilmember Harper re:
Councilmember Wozniak seconded the
Master Sign Program with the
modifications recommended by staff
motion carried by voice vote 3
Councilmember Millhouse dissenting.
October 17, 2002
Stated his motion and
motion to approve the
incorporation of the
and the Council. The
-2, Mayor Hunter and
C. Consider Arroyo Vista Community Park Phase II Revised
Construction Plan and Scope of Work. Staff
Recommendation: 1) Approve the Scope of Work identified
in Option B, which includes an additional future
appropriation of $523,110 and a loan from the General
Fund to the Community Zone of $333,110 to be repaid with
applicable Local Agency Investment Fund interest; and 2)
Direct that the Park Improvement Fees to be paid by USA
Properties for the Vintage Crest project be designated
100 percent to the Community Park Zone.
Mr. Kueny gave the staff report.
In response to Mayor Hunter, Mr. Kueny stated that the
loan would be repaid to the General Fund when additional
Park Improvement Fees are paid by various developers. He
went on to state that the General Fund Reserve was
recommended as a source since there is not sufficient
money in the other park zones.
In response to Councilmember Harper, Mr. Kueny stated
that Option C could be repaid within approximately five
years.
In response to Councilmember Mikos, Mr. Kueny stated that
the anticipated $9.6 million in future park in -lieu fees
comes from within the current City limits. He stated the
Endowment Fund has specific identified uses, including
City Hall, Public Works, and Police Facilities; and was
never intended to be used for the Arroyo Vista Community
Park Phase II purposes.
In response to Councilmember Wozniak, Mr. Kueny stated
that the recommendation for Option B is based upon Ms.
Lindley's findings. He stated his recommendation would
be for Option C, since the funds can be recouped and the
primary parking lots should be paved due to the heavy
usage at that park.
Councilmember Millhouse concurred with Option C.
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Moorpark, California Page 12 October 17, 2002
In response to Councilmember Harper, Mr. Kueny stated
that the General Fund Reserve is in excess of $7 million.
Councilmember Harper stated his support of Option C.
There were no public speakers for this item.
Mayor Hunter stated he would like additional dialogue on
funding sources.
In response to Councilmember Mikos, Mr. Kueny stated that
Option C would use all available Community Park Zone
monies, and the Endowment Fund could be used for the
aquatics facility. He explained that the pool would not
be jeopardized logistically, since that portion of the
park would not be impacted; however, the financial
question for the Endowment Fund and the General Fund is
that the City still needs to rely on the interest income
of those funds as revenue. He stated the benefit is that
this is a loan with repayment within the next five years.
Mayor Hunter stated that the City has been reluctant to
build the swimming pool due to long term maintenance
costs, not the initial construction costs. He went on to
state his concern for using the Endowment Fund or the
General Fund Reserve for construction rather than the use
of Parks Funds to be repaid by future development
revenues.
Councilmember Harper suggested for future Council
discussion, a less expensive, scaled -down aquatics
facility for Poindexter Park, with a larger aquatics
facility near the high school to be constructed later.
Mayor Hunter expressed reluctance to use the Endowment
Fund or General Fund reserve.
In response to Councilmember Mikos, Mr. Kueny explained
that the Mayor is suggesting that the money in the other
park zones be pooled and used first and that the General
Fund reserve or Endowment Fund would be used only to
supplement the remaining balance.
In response to Councilmember Mikos, Mayor Hunter stated
that there is justification for loaning intra -fund,
because Arroyo Vista Park provides a broad community
attraction. He stated the balance would then need to
come from either the General Fund or Endowment Fund.
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Moorpark, California Page 13 October 17, 2002
Councilmembers Millhouse and Wozniak concurred that
Option C was a good approach.
MOTION: Councilmember Millhouse moved and Councilmember
Harper seconded the motion to select Option C with direction
for staff to proceed and that the matter of the loan be
referred to the Budget and Finance Committee to be reported at
the next regular meeting. The motion carried by unanimous
voice vote.
10. CONSENT CALENDAR:
MOTION: Councilmember Mikos moved and Councilmember Harper
seconded a motion to approve the Consent Calendar. The motion
carried by unanimous roll call vote.
A. Consider Approval of Warrant Register for Fiscal Year
2002 -2003 - October 16, 2002.
Manual Warrants
Voided Warrant
Payroll Liability
Warrants
Regular Warrants
110768 - 110775 & $ 33,491.03
110867
110776 - 110783
1 11
$ 13,094.35
110784 - 110861 & $ 18,849.70
110862 - 110894 $ 731,442.79
Staff Recommendation: Approve the warrant register.
B. Consider Adoption of a FY 2002/2003 Budget Amendment for
the Senior Games. Staff Recommendation: Adopt Resolution
No. 2002 -2019, amending the FY 2002/2003 budget by
allocating $750 from the Senior Trust Fund (6000) for the
Senior Games Event.
C. Consider Petition and Waiver to Increase the Assessment
Amount for District 16 (ADO1 -03: Cabrillo). Staff
Recommendation: Accept and approve the subject Petition
and Waiver increasing the assessment amount for District
16 (Cabrillo) as described in the agenda report.
D. Consider Rejection of Claim: Roger Dixon. Staff
Recommendation: Reject the claim and direct staff to send
a standard rejection letter to the claimant.
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Moorpark, California Page 14
October 17, 2002
E. Consider Resolution Amending the Conflict of Interest
Code of the City of Moorpark and Rescinding Resolution
No. 2000 -1796. Staff Recommendation: Adopt Resolution
No. 2002 -2020.
F. Consider Report of Annual Development Agreement Review,
Established in Connection with a 35 -Acre, Detached
Single- Family Residential Unit Project Located on the
South Side of Los Angeles Avenue, West of Leta Yancy Road
(Formerly Liberty Bell Road) (Tract 5053, Pacific
Communities). Staff Recommendation: 1) Accept the
Community Development Director's report and
recommendation that, on the basis of substantial
evidence, Pacific Communities 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
Park Crest Lane and North of the Arroyo Simi (Archstone
Communities). Staff Recommendation: 1) Accept the
Community Development Director'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 FY 2002/2003 Budget Amendment for Purchase and
Installation of Park Monument Signs. Staff
Recommendation: Adopt Resolution No. 2002 -2021, amending
the FY 2002/2003 budget by appropriating $14,000 from the
Park Improvement Fund - Zone 3 (2113) and $6,000 from
Park Improvement Fund - Zone 2 (2112) to the respective
expenditure budgets for Tierra Rejada Park and Campus
Park.
I. Consider an Agreement to Provide Security Guard Services
at the Moorpark Metrolink. Staff Recommendation:
Authorize the City Manager to select a firm to provide
security services within the authorized budget and to
execute the Agreement to provide security guard services
at the Moorpark Metrolink Station.
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October 17, 2002
J. Consider Changing the Community Services Intern to a
Full -Time Management Assistant and Adopt Resolution No.
2002 -2022 to Amend the Fiscal Year 2002/2003 Solid Waste
Budget. Staff Recommendation: Approve the addition of a
Management Assistant position (Range 46) in the Community
Services Department, and Adopt Resolution No. 2002 -2022,
amending the Fiscal Year 2002/2003 Solid Waste Budget.
11. ORDINANCES:
A. Consider Ordinance No. 289, an Ordinance of the City of
Moorpark, California, Amending Title 15 of the Moorpark
Municipal Code by Amending Chapters 15.04, 15.08, 15.12,
15.14, 15.16, 15.18, and 15.20; Adopting by Reference and
Amending the Current Editions of Certain Model Codes as
Follows: Uniform Building Code, Volumes 1, 2, & 3, 1997
Edition, with Appendix; National Electrical Code, 1999
Edition; Uniform Plumbing Code, 2000 Edition; Uniform
Mechanical Code, 2000 Edition; Uniform Housing Code, 1997
Edition; Uniform Code for the Abatement of Dangerous
Buildings, 1997 Edition; and the Uniform Administrative
Code, 1997 Edition. Staff Recommendation: Declare
Ordinance No. 289 read for the second time and adopted as
read.
Mr. Montes read the title of the Ordinance No. 289.
MOTION: Councilmember Mikos moved and Councilmember Harper
seconded a motion to waive further reading of Ordinance No.
289. The motion carried by unanimous voice vote.
MOTION: Councilmember Mikos moved and Councilmember Harper
seconded a motion to declare Ordinance No. 289 read for the
second time and to adopt Ordinance No. 289. The motion
carried by unanimous voice vote.
12. CLOSED SESSION:
None was held.
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Moorpark, California Page 16
13. ADJOURNMENT:
October 17, 2002
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to adjourn the meeting. The motion carried
by unanimous voice vote. The time was 8:25 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
MINUTES OF THE CITY COUNCIL
Moorpark, California November 6, 2002
A Special Meeting of the City Council of the City of Moorpark
was held on November 6, 2002, 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 5:45 p.m.
2. ROLL CALL:
Present: Councilmembers Harper, Mikos, Millhouse,
Wozniak, and Mayor Hunter.
Staff Present: Steven Kueny, City Manager; and Hugh Riley,
Assistant City Manager.
3. PUBLIC COMMENT:
None.
4. CLOSED SESSION:
Mr. Kueny announced that Item 4.J. was to be discussed in
closed session.
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to adjourn to closed session for discussion of
Item 4.J. on the agenda. The motion carried by unanimous voice
vote. The time was 5:45 p.m.
J. PUBLIC EMPLOYEE APPOINTMENT
(Pursuant to Government Code Section 54957)
Title: Administrative Services Director
Present in closed session were all Councilmembers; Steven
Kueny, City Manager; Hugh Riley, Assistant City Manager;
and one of the candidates for the Administrative Services
Director position.
The City Council reconvened into open session at 6:10 p.m.
Mr. Kueny announced that there was no action to report and
that only Item 4.J. was discussed.
Minutes of the City Council
Moorpark, California Page 2 November 6, 2002
5. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 6:10 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
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