HomeMy WebLinkAboutAGENDA REPORT 2003 0219 CC REG ITEM 10AMINUTES OF THE CITY COUNCIL
Moorpark, California
ITEM 10 . A.
December 19, 2001
A Regular 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 7:00
p.m.
2. INVOCATION:
Pastor Dave Wilkinson, Moorpark Presbyterian Church, gave
the invocation.
3. PLEDGE OF ALLEGIANCE:
John Libiez,
Allegiance.
4. ROLL CALL:
Present:
Absent:
Planning Manager, led the Pledge of
Councilmembers Harper and Wozniak, and Mayor
Pro Tem Mikos.
Councilmember Millhouse and Mayor Hunter.
Staff Present: Steven Kueny, City Manager; Joseph Montes,
City Attorney; Kenneth C. Gilbert, Public
Works Director; Mary K. Lindley, Community
Services Director; Captain Robert LeMay,
Sheriff's Department; Walter Brown, City
Engineer; John Brand, Senior Management
Analyst; Nancy Burns, Senior Management
Analyst; John Libiez, Planning Manager;
Joseph F. Fiss, Principal Planner; Deborah
Traffenstedt, Assistant to City Manager /City
Clerk /Acting Community Development Director,
and La -Dell VanDeren, Deputy City Clerk.
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Moorpark, California Paqe 2 December 19, 2001
5. PROCLAMATIONS AND COMMENDATIONS:
A. City Manager's Monthly Report.
Mr. Kueny deferred the monthly report due to the
length of the agenda.
6. PUBLIC COMMENT:
Gerald Goldstein, a Moorpark resident, commented on a
recent Fire Department training session and the possible
effect on air quality, enforced cleanup at his residence,
and the duration of the traffic signal lights at Los
Angeles Avenue.
7. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
Mayor Pro Tem Mikos stated that Item 9.C. would be moved to
the end of the meeting following the Consent Calendar
because it requires a 4 /5th's vote.
Councilmember Harper requested that Item 9.E. be discussed
before Item 9.A.
CONSENSUS: By consensus, the City Council determined to
reorder the agenda to discuss Item 9.E. before Item 9.A., and
discuss Item 9.C. after the Consent Calendar.
8: ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Mayor Pro Tem Mikos requested a future agenda item
regarding what options the City could explore to establish
a more formal working relationship with the Santa Monica
Mountains Conservancy.
Councilmember Harper requested a report on the status of a
City Habitat for Humanity Project as a future agenda item.
He also requested that staff contact Gene Kjellberg at the
County of Ventura and provide an update on the County Open
Space Conservation District. Mayor Pro Tem Mikos
concurred.
Mayor Pro Tem Mikos invited
following events: 1) Moorpark
4, 2002 from 7:00 p.m. to 10
Recreation Center; 2) "Skate
teens to participate in the
"After Dark Dance" on January
00 p.m., at the Arroyo Vista
Board Contest" on January 9,
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Moorpark, California Paae 3 December 19, 2001
2002, from 3:30 p.m. to 4:30 p.m., at the Arroyo Vista
Skate Park; 3) "Snowboard and Ski Day" on January 28, 2002
from 6:00 a.m. to 6:00 p.m., at the Mountain High Ski
Resort. Mayor Pro Tem Mikos encouraged residents to donate
new and used blankets to the "Winter Warm -a -Thou Blanket
Drive," which is coordinated by the Moorpark Teen Council
and Teens for Humanities. She announced that curbside
Christmas tree recycling would be provided on regularly
scheduled rubbish collection days from December 26, 2001,
to January 11, 2002. She noted, however, that collection
of regular rubbish would be delayed by one day during the
week after Christmas Day and New Year's Day.
9. PUBLIC HEARINGS:
E. Consider Report and Recommendation of the Affordable
Housing /Community Development Committee Concerning
General Plan Pre - Screening Application for U.S.A.
Properties Fund, Inc. (General Plan Amendment Pre -
Screening Application No. 2001 -01). Staff
Recommendation: 1) Open public hearing, receive
testimony, and close public hearing; and 2) Authorize
U.S.A. Properties Fund, Inc. to submit a General Plan
Amendment application and authorize concurrent
processing of all necessary applications to develop
the senior housing project.
Mr. Fiss gave the staff report.
Mayor Pro Tem Mikos opened the public hearing.
John Newton, 165 High St., Suite 103, Moorpark, CA,
representing U.S.A. Properties, expressed his
concurrence with the staff report and recommendation.
He reviewed the cost elements and the State's schedule
on the tax bond allocations.
Councilmember Harper stated that the project is an
excellent land use and that there is a tremendous need
for senior housing. He further stated that the
Affordable Housing /Community Development Committee
recommends that the City Council allow this particular
application to go forward.
Mayor Pro Tem Mikos closed the public hearing.
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Moorpark, California Paqe 4 December 19, 2001
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to authorize U.S.A. Properties
Fund, Inc., to submit a General Plan Amendment application
and authorize concurrent processing of all necessary
applications to develop the senior housing project. The
motion carried by voice vote 3 -0, Mayor Hunter and
Councilmember Millhouse absent.
A. Consideration of Certification of Final Environmental
Impact Report (SCH- 1994081075), General Plan Amendment
No. 99 -01, Zone Change No. 99 -01, Residential Planned
Development No. 99 -02 and Vesting Tentative Tract Map
No. 5187, to Develop 250 Single - family Homes on a
Portion of a 350 -acre Site, Located on the West Side
of Walnut Canyon Road, Approximately 3,500 feet North
of Casey Road. Applicant: West Pointe Homes.
(Continued Open Public Hearing from City Council
Meeting of December 5, 2001.) Staff Recommendation: 1)
Continue to accept public testimony and close the
public hearing; 2) Adopt Resolution No. 2001 -
certifying the Final Environmental Impact Report (SCH
1994081075) for the North Ranch at Moorpark
development project (West Pointe Homes); 3) Adopt
Resolution No. 2001- approving General Plan
Amendment 99 -01 for the North Ranch at Moorpark
development project (West Pointe Homes); 4) Introduce
Ordinance No. for first reading adopting Zone
Change 99 -01 for the North Ranch at Moorpark
development project; and 5) Adopt Resolution No. 2001 -
approving Vesting Tentative Tract Map 5187 and
Residential Planned Development Permit No. 99 -02 for
the North Ranch at Moorpark development project,
subject to conditions as contained therein, and
authorize the City Manager to make final corrections
in language.
Mr. Libiez gave the staff report and recommended that
the public hearing be continued to January 16, 2002,
to allow staff sufficient time to complete the
necessary revisions to the project and conditions of
approval, pursuant to City Council direction.
Mayor Pro Tem Mikos announced that the public hearing
was still open.
In response to Councilmember Harper, Mr. Kueny replied
that the final Environmental Impact Report (EIR) was
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Moorpark, California Paqe 5 December 19, 2001
received yesterday and suggested that the public
hearing be left open in order to give the public an
opportunity to comment on the project. He recommended
that the City Council take action on the EIR and all
other items at the January 16, 2002, meeting.
Vince Daly, 31304 Via Colinas, Westlake Village, CA,
representing West Pointe Homes, stated that he and his
colleagues were available to answer any questions. He
discussed the history of "A" Street with emphasis on
traffic impact, and providing service above Level C.
Mr. Daly noted that other improvements were made to
the project based on the public comments received. He
reviewed the road design changes and the contour
grading that was necessary for achieving a feeling of
a local road rather than a major thoroughfare. Mr.
Daly referred to page 2, Item #9a, options #2 and #3
of the staff report, and stated that #2 would provide
for the 84 -foot right -of -way, and #3 would provide for
the 12 -foot lanes.
In response to Councilmember Harper, Mr. Daly stated
that the right -of -way could be increased to 92 feet,
but that by doing so would create a condition steeper
than the recommended 5 to 1 slope, which is relatively
flat. He stated that the recommended 84 -foot right -
of -way would allow for four lanes of traffic, if
desired. Mr. Daly suggested that the lanes could be
configured so that there are two 8 -foot outside
breakdown or multi -use lanes, and in the interim, two
14 -foot inside lanes and a 14 -foot median. He added
that later the right -of -way could be reconfigured to
have four 12 -foot lanes with a slightly modified
center median. Mr. Daly stated that the 84 -foot
right -of -way would cover option No. 2 and a portion of
option No. 3, depending on whether the City wishes to
have four lanes.
In response to Councilmember Harper, Mr. Daly stated
that adding landscape and stamped concrete to the
center median could be excessive for the area since
the traffic would be less than that on Tierra Rejada.
He concurred that the landscaping could be upgraded,
but recommended that it be limited to the gate
entrances and the connector road to the other project.
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Moorpark, California Page 6 December 19, 2001
Mr. Kueny stated that the changes to the right -of -way
relate to the proposed grading changes needed to the
Tentative Map. He indicated that the key questions
are: 1) what can be accomplished in the right -of -way;
and 2) what compromises are needed there or in the
grading that is being proposed.
Fred Cunningham, Traffic Engineer for the applicant,
stated that the traffic study addresses the changes
necessary for the additional right -of -way requirements
for a four -lane road. He discussed the cross sections
that expand the right -of -way to 84 feet, which does
not include the 12 -foot trail on the northern side. He
explained that the slopes had to be changed and a lot
relocated to accommodate two catch basins located on
Walnut Canyon Road. Mr. Cunningham described the
relocation of certain lots and changes to slopes due
to the expansion of roadway. He further discussed the
changes in design speed, noting that the character of
the road changes dramatically.
In response to Mayor Pro Tem Mikos, Mr. Cunningham
agreed that vehicles would travel faster on a four -
lane road.
In response to Councilmember Wozniak, Mr. Cunningham
stated that the line of sight of the 80 -foot slope,
which will be created by moving the three houses,
would not create a visual impact from Walnut Canyon
Road. He explained that, since "A" Street is at a 30-
foot elevation and the pads are located above that,
the line of sight would be visually mitigated and
would hide the slope.
In response to Councilmember Wozniak, Mr. Daly stated
that the expansion of the right -of -way adds cost to
the project and that reducing the number of houses,
even by three, to further reduce the visual impacts,
would not be viable. He asked for a chance to report
back with a more visually acceptable project.
In response to Councilmember
Harper, Mr.
Daly
discussed
the ramifications of
removing one or
two
houses and
widening the slope.
He stated he
would
come back
with alternatives and more ideas
with
respect to
the street widening and
landscaping.
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Moorpark, California Paqe 7 December 19, 2001
In response to Councilmember Mikos, Mr. Daly stated
that he would work with City Staff to address City
Council concerns regarding the landscaping.
Mayor Pro Tem Mikos reported that there was favorable
public comment received at the Wildlife Conservation
Board public hearing held last night with regard to
this project and the potential dedication of 200 -plus
acres of open space. She also reported that the
project was discussed at a recent Santa Monica
Mountains Conservancy meeting where they voted in
favor of accepting the dedication should the Wildlife
Conservation Board, City of Moorpark, and the
applicant come to some agreement with regard to the
project.
In response to Councilmember Harper, Mayor Pro Tem
Mikos stated that the approval should be contingent
upon mutual agreement of the parties involved
regarding open space dedication. She stated that the
Santa Monica Mountains Conservancy is willing to
structure what works best for all.
Mr. Kueny stated that staff and the City Council
Development Agreement Ad Hoc Committee recommended
that the City should control the property. He noted
that ownership was not conditioned in the Draft
Development Agreement; however, the Committee
recommends that the City should own the land in fee
and not take possession until after the last unit is
occupied. Mr. Kueny stated that the City could
contract with the Conservancy to manage and maintain
the open space, but ultimately the City would own and
control the property.
Mayor Pro Tem Mikos conveyed the importance of
maintaining an open dialogue with the Conservancy, and
reiterated her previous recommendation to formalize
the process for future acquisitions.
Councilmember Harper stated that he agrees that the
City should control the uses of the property. He
expressed his willingness to work with the
Conservancy; however, he wants the City to have final
discretion with the use.
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Minutes of the City Council
Moorpark, California Page 8
December 19, 2001
In response to Mr. Kueny, Mr. Daly stated that the
statute governing the Wildlife Conservation is
extremely broad with regard to public open space. He
confirmed that the property is committed to the City.
Mayor Pro Tem Mikos stated that the Wildlife
Conservation Board is not in conflict with the City's
desires.
CONSENSUS: By consensus, the City Council determined to
continue the public hearing to January 16, 2002, with the
public hearing open, and to direct staff and the applicant
to provide more information on line of sight from grading,
landscaped median for "A" Street, and tax credit for open
space dedication.
In response to Mr. Daly about the road width, Mr.
Kueny recommended that the Council keep options open
regarding right -of -way width for "A" Street and that
staff needed an opportunity to look at circulation. He
stated the final map did not need to be delayed. He
discussed adding language in the Development Agreement
regarding "A" Street. He discussed a tentative
schedule of approval for the project should the City
Council decide to close the public hearing at the
January 16, 2002, meeting. He added that the first
reading of the ordinances approving the zoning and
Development Agreement, and certification of the Final
EIR could be done on January 16. Mr. Kueny stated
that the resolutions for the Tentative Tract Map, RPD,
and General Plan Amendment and second reading of the
ordinances could be scheduled for the first meeting in
February 2002.
In response to Councilmember Harper, Mr. Kueny stated
that the applicant had agreed to provide a Seismic
Disclosure Document and that staff would confirm that
the condition was added.
Mr. Montes stated that the City Attorney's office
would review the applicant's submittal regarding
seismic disclosure.
B. Consider Adoption of Ordinance for Approval of
Development Agreement No. 2001 -01 for West Pointe at
North Ranch (General Plan Amendment 99 -01, Zone Change
99 -01, Residential Planned Development 99 -02 and
4. � �
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Moorpark, California Paae 9
December 19, 2001
Vesting Tentative Tract Map 5187) on the Application
of West Pointe Homes, Inc. (Continued Open Public
Hearing form City Council Meeting of December 5,
2001.) Staff Recommendation: 1) Take public testimony
and close public hearing; and 2) If an approval
decision is made on the related West Pointe project,
introduce Ordinance No. for first reading,
approving Development Agreement No. 2001 -01.
Mr. Kueny gave the staff report.
Mayor Pro Tem Mikos announced that the public hearing
was still open.
Vince Daly stated he was available for questions.
CONSENSUS: By consensus, the City Council determined to
continue the public hearing to January 16, 2002, with the
public hearing open.
D. Consider the Appeal of Planning Commission Decision on
Appeal 2001 -05, Appealing Various Conditions
Established by the Director of Community Development
for Approval of Administrative Permit No. 2001 -10, to
Allow a Second Dwelling Unit at 6086 Gabbert Road.
(Applicant: Cindy Hollister) . Staff Recommendation: 1)
Open the public hearing, accept public testimony, and
close the public hearing; and 2) Adopt Resolution No.
2001- , sustaining the Planning Commission decision
to Deny Appeal No. 2001 -05.
Mr. Libiez introduced Joe Fiss who gave the staff
report.
In response to Mayor Pro Tem Mikos, Mr. Libiez stated
that the applicant did not specify which specific
changes in the conditions or documentation she is
appealing.
Mayor Pro Tem Mikos opened the public hearing.
Cindy Hollister, applicant and Moorpark resident,
spoke about the history of her second dwelling issues
and outlined the history of her appeal.
Jayla Rogers Haxton, a Moorpark resident, spoke in
support of the Hollister property issue. She also
Minutes of the City Council
Moorpark, California Paae 10 December 19, 2001
conveyed her concern regarding selective code
enforcement.
Colin Velazquez, a Moorpark resident, spoke in support
of the applicant, noting that Ms. Hollister had
improved the property.
James Hartley, a Moorpark resident, spoke in support
of the applicant and asked that she be treated fairly.
AT THIS POINT in the meeting a recess was declared. The
time was 8:47 p.m. The City Council meeting reconvened at
9:06 p.m.
Mayor Pro Tem Mikos closed the public hearing.
In response to Councilmember Harper, Mr. Montes
explained that structures designated as a legal
nonconforming use under the code can be kept in place
and operational; however, voluntary removal of the
structure terminates the legal nonconforming status,
and any substitute structure would have to comply with
existing codes. He further explained that a
Conditional Use Permit does not typically approve
structures, but a use may be continued and maintained
consistent with the conditions of the permit.
Mr. Libiez stated that he could not corroborate the
assertion that the applicant was informed that the
only permit needed was the $49.00 zone clearance
permit. He explained that a second dwelling unit
requires an administrative permit.
Mr. Libiez further explained the difference between a
primary and secondary dwelling unit and that the code
specifically states that the secondary unit shall not
exceed 300 of the floor area of the primary unit. He
noted that the last revision made by the applicant's
architect showed the primary unit to be 3,850 square
feet, which would allow for a 792 square foot
secondary unit.
In response to Councilmember Harper, Mr. Libiez agreed
to contact and interview Mr. Malin, prior Assistant
Planner, with regard to the initial instructions to
the applicant. He stated that staff could not
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Minutes of the City Council
Moorpark, California Paae 11 December 19. 2001
determine the square footage of the primary unit
without permission from the applicant.
Ms. Hollister stated that the current mobile home is
524 square feet and her residence is approximately
1,732 square feet, including the basement. Mr. Libiez
stated that the date of the manufacturing for the
mobile home is older than 19761 and that although the
unit was painted and dressed up, it does not qualify
as a legal structure under the Zoning Code. He stated
there are numerous safety tests that are mandated for
a secondary unit that this unit does not meet.
In response to Councilmember Wozniak, Mr. Libiez
stated that there was a previous mobile home on the
property; however, its use was not known. Mrs.
Hollister stated that she had a copy of the original
Zoning Clearance, which refers to a Conditional Use
Permit. She stated there is no mention of a problem
with a mobile home on the property; however, there is
a mention of a doublewide on the property.
In response to Councilmember Wozniak, Mr. Libiez
stated that staff needed to investigate whether there
were one or two lots.
In response to Mayor Pro Tem Mikos, Mr. Libiez
confirmed that there are two Assessor Parcel numbers.
Councilmember Harper stated that the square footage of
the primary unit would be irrelevant, if there were
two lots.
Mr. Montes stated that if Ms. Hollister is not leasing
the structure from the property owner, but is
purchasing it from the prior tenant, then the property
owner might not have any obligation for notification
regarding the legality of the structure.
Mr. Libiez stated that the Parcel Map did not record
for the second lot and that there is only one lot
based on information from the applicant's attorney.
In response to Councilmember Harper, Mr. Montes stated
that the City generally has immunity, but if the City
intentionally violates the code and approves a non-
conforming structure then the City could lose its
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Minutes of the City Council
Moorpark, California Paqe 12 December 19, 2001
immunity. He stated that the Uniform Building Code
was intended to protect public health and safety.
Mr. Libiez stated that the method of construction
changed after 1976.
Mr. Montes confirmed that this would set a precedent.
Mr. Kueny recommended that the matter be continued to
January 16, 2002, and that the City Attorney be
directed to report back on the issues raised and to
provide the City Council with options.
In response to Councilmember Harper, Ms. Hollister
requested that the public hearing be reopened. She
agreed to a continuance of the public hearing and also
agreed to meet with Mr. Fiss to schedule a time for
someone from the City to measure the primary dwelling
unit.
CONSENSUS: By consensus, the Council determined to reopen
the public hearing.
MOTION: Councilmember Wozniak moved and Councilmember
Harper seconded a motion to: 1) Continue the public hearing
to January 16, 2002; 2) direct staff and the City Attorney
to review and develop options; and 3) staff was directed to
measure the exterior of the primary unit. The motion
carried by voice vote 3 -0, Mayor Hunter and Councilmember
Millhouse absent.
F. Consider a General Plan Amendment to Adopt Revised
Housing Element 2000 -2005; General Plan Amendment
2000 -02; Applicant: City of Moorpark. Staff
Recommendation: 1) Open the public hearing, receive
testimony, and close the public hearing; 2) Adopt the
Negative Declaration for the Housing Element; and 3)
Adopt Resolution No. 2001 -1923 adopting a Revised
Housing Element.
Mr. Libiez gave the staff report.
Mark Hoffman, Cotton /Bridges /Associates, Inc., the
City's Housing Element consultant, summarized the
preparation of the Housing Element document and
provided a brief overview.
Minutes of the City Council
Moorpark, California Page 13 December 19, 2001
Mayor Pro Tem Mikos opened the public hearing.
Eileen McCarthy, Staff Attorney
Rural Legal Assistance, Inc., 338
CA, commented on the housing elE
County of Ventura. She asked the
look at ways to provide Affordable
for farm workers.
for the California
S. "A" St. , Oxnard,
�ment issues in the
city of Moorpark to
Housing in the City
Mayor Pro Tem Mikos closed the public hearing.
In response to Councilmember Harper, Mr. Libiez
replied that the 2000 census data was not available
when the completion of the Housing Element was
mandated.
Mr. Kueny stated that the City Council could use the
latest data when the Housing Element is updated in
three years.
In response to Councilmember Harper, Mr. Libiez stated
that any substantive changes to the Housing Element
would have to be submitted to the State of California
Department of Housing and Community Development for
review. Mr. Libiez noted that minor changes could be
incorporated at the staff level.
In response to Mayor Pro Tem Mikos, Mr. Hoffman
replied that additional policies could be added.
Councilmember Harper stated that staff should go
forward with revisions as mentioned with final
language approval by the City Manager.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to adopt the Negative Declaration
for the Housing Element, and adopt Resolution No. 2001 -1923
approving a Revised Housing Element and direct staff to
make the minor technical and typographical corrections
needed to make the document accurate. The motion carried
by voice vote 3 -0, Mayor Hunter and Councilmember Millhouse
absent.
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10. PRESENTATION /ACTION /DISCUSSION:
A. Consider Affordable Housing Implementation and Rental
Restriction Plan and Affordable Housing Agreement for
Archstone Communities (RPD 97 -1). Staff
Recommendation: 1) Approve the Affordable Housing
Implementation and Rental Restriction Plan; and 2)
Approve the Affordable Housing Agreement, subject to
final language approval by the City Manager, City
Attorney, and Special Legal Counsel.
Ms. Burns gave the staff report.
In response to Councilmember Harper, Ms. Burns stated
the sunset agreement is the life of the project.
In response to Councilmember Harper, Mr. Kueny stated
that the provision in the Development Agreement
requires the developer to provide equivalent
affordability if the rental units are converted to
for -sale units.
Ms. Burns referred to page 6 of the staff report and
read the agreement termination language.
In response to Councilmember Harper, Mr. Montes
replied that, if the property were to be converted to
an owner - occupied property, he does not see language
in the agreement that states that the affordability
requirements are retained.
Councilmember Harper stated that he wants to make sure
the language is included in the agreement.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to amend the staff recommendation
to: 1) Include language in the Affordable Housing Agreement
to clarify that the apartments cannot be converted to for -
sale units; 2) approve the Affordable Housing
Implementation and Rental Restriction Plan; and 3) approve
the Affordable Housing Agreement, subject to final language
approval by the City Manager, City Attorney, and Special
Legal Counsel. The motion carried by voice vote 3 -0, Mayor
Hunter and Councilmember Millhouse absent.
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B. Consider Solid Waste Collection Rate Adjustment and
Franchise Agreement Modification. Staff
Recommendation: 1) Approve an Amendment to the
existing Franchise Agreements with Moorpark Rubbish
Disposal and GI Industries, with a revised Exhibit
"H," making certain changes to the rate calculation
methodology, subject to final language approval by the
City Manager and City Attorney; and 2) Adopt
Resolution No. 2001 -1924, which updates the Solid
Waste Collection Fees, effective January 1, 2002,
rescinds and replaces last year's rate Resolution No.
2000 -1799, and replaces Exhibit "G" of the Franchise
Agreements with a new rate schedule, effective January
1, 2002.
Mr. Brand gave the staff report.
Gerald Goldstein, a Moorpark resident, discussed trash
removal from his residence and conveyed concerns about
service and rates.
MOTION: Councilmember Wozniak moved and Councilmember
Harper seconded a motion to: 1) Approve an Amendment
to the existing Franchise Agreements with Moorpark
Rubbish Disposal and GI Industries, with a revised
Exhibit "H," making certain changes to the rate
calculation methodology, subject to final language
approval by the City Manager and City Attorney; and 2)
Adopt Resolution No. 2001 -1924, which updates the
Solid Waste Collection Fees, effective January 1,
2002, rescinds and replaces last year's rate
Resolution No. 2000 -1799, and replaces Exhibit "G" of
the Franchise Agreements with a new rate schedule,
effective January 1, 2002. The motion carried by roll
call vote 3 -0, Mayor Hunter and Councilmember
Millhouse absent.
11. CONSENT CALENDAR:
MOTION: Councilmember Wozniak moved and Councilmember
Harper seconded a motion for approval of the Consent
Calendar. The motion carried by roll call vote 3 -0, Mayor
Hunter and Councilmember Millhouse absent.
A. Consider Approval of Minutes of Special Meeting of
November 13, 2001.
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Moorpark, California Page 16 December 19, 2001
Consider Approval of Minutes of Special Meeting of the
City Council, Redevelopment Agency and Public Finance
Authoritv of November 13, 2001.
Consider Approval of Minutes of Special Meeting of
December 5, 2001.
Staff Recommendation: Approve the minutes as
processed.
B. Consider Approval of Warrant Register for Fiscal Year
2001 -2002 - December 19, 2001.
Manual Warrants
107879 - 107887
$30,785.03
Voided Warrant
107623
$ (141.00)
Payroll Liability
107870 - 107878
$10,926.52
Warrants
Regular Warrants
107888 - 107959
$20,345.66
Staff Recommendation: Approve the warrant register.
C. Consider Letter of Support Authorizing Submittal by
the County of Ventura of a Two -Year (2002/2004)
Regional Used Oil Opportunity Grant Application to the
California Integrated Waste Management Board. Staff
Recommendation: Authorize the Mayor to sign a letter
of support for a Regional Used Oil Recycling
Opportunity Grant.
D. Consider Authorizing the City Manager to Sign an
Extension to the Revised Agreement with the Planning
and Consulting Firm of Cotton /Bridges /Associates, Inc.
(previously Cotton /Beland /Associates) for the Update
of the Housing Element of the General Plan. Staff
recommendation: Authorize the City Manager to extend
the term of the Agreement for Professional Services to
February 28, 2002, with further authority to extend
the term as deemed necessary.
E. Consider Amendment to Memorandum of Agreement (MOA)
with Service Employees International Union AFL -CIO,
CLC Local 998 Pertaining to adding a December 31
Holiday. Staff Recommendation: Authorize the City
Manager to approve the Addendum to the MOA to add a
Minutes of the City Council
Moorpark, California Page 17 December 19, 2001
December 31 holiday when such date falls on a Monday,
with the final language of the Addendum to be approved
by the City Manager.
F. Consider the Report Titled "Accounting of Fund
Information as Required by Section 66006 of the
California Government Code for Fiscal Year 2000/2001"
and Receive and File Said Report. Staff
Recommendation: Receive and file said report.
G. Consider a Resolution Rescinding Resolution No. 91 -748
and Revising or Reestablishing Certain Parking
Restrictions on Mountain Meadow Drive. Staff
Recommendation: Adopt Resolution No. 2001 -1925.
H. Consider Selection of Design Consultant for the
Traffic Signal Interconnect Project. Staff
Recommendation: Authorize the City Manager to execute
contract documents for the consultant services
described in the agenda report, said services not to
exceed the costs and contingencies set forth in this
report.
I. Consider a Resolution Amending City Council Policies
to Add Provisions for the Pre - Qualification of
Bidders, and Rescinding Resolution NO. 99 -1671. Staff
Recommendation: Adopt Resolution No. 2001 -1926.
J. Consider Request from Carlsberg Ranch (Tracts 4973 &
4974) for the Reimbursement of Developer Costs for the
Construction of Certain Improvements Funded by the
Spring Road /Tierra Rejada Road Area of Contribution
(STR AOC). Staff Recommendation: Authorize staff to
reimburse Conejo -Simi Properties $625,109.60 for
street improvements constructed on behalf of the City,
said payment to be made upon receipt of payment of
Spring Road /Tierra Rejada Road AOC fees by one or more
developers of the Commercial /Industrial property
located at the southeast and southwest corners of New
Los Angeles Avenue and Miller Parkway.
K. Consider Caltrans /Amtrak Small Capital Improvement
Grant for a Shelter and Benches at Moorpark Station,
and Resolution No. 2001 -1927 to Amend the Fiscal Year
2001 -2002 Transit Budget Accepting the Grant Revenue
and Appropriation of Funds. Staff Recommendation:
Adopt Resolution No. 2001 -1927, amending the Fiscal
0 00 0
Minutes of the City Council
Moorpark, California Page 18 December 19, 2001
Year 2001 -2002 Transit Budget to reflect the grant of
$21,600 for improvements at Moorpark Station.
L. Consider Off- Street Parking Improvements for Miller
Park. Staff Recommendation: Direct that no parking
improvements be undertaken for Miller Park.
M. Consider Approval of a Resolution Authorizing the
Destruction of Certain Records. Staff Recommendation:
Adopt Resolution No. 2001 -1928.
N. Consider Two Resolutions Extending Franchise
Agreements for Cable Television Services with Adelphia
Communications Corporation. Staff Recommendation: 1)
Adopt Resolution No. 2001 -1929 (Moorpark System), and
2) Adopt Resolution No. 2001 -1930 (Mountain Meadows).
0. Consider Approval of Easement Agreement for the
Granite Fountain Project at the Northwest Corner of
Tierra Rejada and Mountain Trail and the Dedication of
the Public Art Site to the Victims and Heroes of the
September 11 Terrorist Attacks on the United States.
Staff Recommendation: 1) Approve the Easement
Agreement with Moorpark Partners, LLC., subject to
final language approval by the City Manager; and 2)
Direct staff to develop the appropriate September 11,
2001 dedication message for review by the City
Council.
P. Consider Approval of the 2002 Aareement for Services
with the Moorpark Chamber of Commerce. Staff
Recommendation: 1) Authorize the City Manager to sign
the 2002 Agreement for Services between the City of
Moorpark and the Moorpark Chamber of Commerce; and 2)
Authorize funds provided by the City based on this
agreement, to be released upon its approval by the
City Council.
Q. Consider Resolution Adopting Revised Deferred
Compensation Plan and Rescinding Resolution No. 98-
1532. Staff Recommendation: Adopt Resolution No. 2001-
1931, amending the City of Moorpark Deferred
Compensation Plan and Trust with National Deferred
Compensation and rescinding Resolution No. 98 -1532.
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Minutes of the City Council
Moorpark, California Page 19 December 19, 2001
9. PUBLIC HEARING (continued)
C. Consider the Status of Interim Prohibition of Wireless
Telecommunications Facilities and Extension of
Ordinance No. 272 and Amendment of Ordinance No. 273,
Enacting a Moratorium on the Issuance of Permits for
Construction or Placement of Wireless
Telecommunications Facilities. Staff Recommendation:
1) Open the public hearing, take public testimony, and
close public hearing; and 2) Adopt Ordinance No.
extending Ordinance No. 272 and amending
Ordinance No. 273, enacting a moratorium on the
issuance of permits for construction or placement of
Wireless Communications Facilities in the City and
declaring the urgency thereof.
Mayor Pro Tem Mikos opened the public hearing. There
being no one wishing to speak, Mayor Pro Tem Mikos
closed the public hearing.
Ms. Traffenstedt gave the staff report noting a change
to the date recommended for extension of the
moratorium from April 14 to April 18 to allow for a
second meeting in April if needed. She stated that a
letter was received from AT &T supporting the extension
of the moratorium.
Mr. Kueny suggested adjourning this item to December
20 due to lack of a voting quorum for the ordinance
adoption.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to continue the item with the
public hearing open to an adjourned meeting on December 20,
2001, at 6:00 p.m. due to a lack of quorum to adopt the
ordinance, which requires a 4/5's vote. The motion carried
by voice vote 3 -0, Mayor Hunter and Councilmember Millhouse
absent.
12. ORDINANCES:
None.
13. CLOSED SESSION:
None was held.
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Minutes of the City Council
Moorpark, California Paae 20 December 19, 2001
14. ADJOURNMENT:
Mayor Pro Tem Mikos adjourned the meeting at 10:40 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
000,2
MINUTES OF THE CITY COUNCIL
Moorpark, California January 16, 2002
A Regular Meeting of the City Council of the City of Moorpark
was held on January 16, 2002, 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 6:44
p.m.
2. INVOCATION:
Pastor Eric Sweitz, Sonrise Pacific Church gave the
invocation.
3. PLEDGE OF ALLEGIANCE:
Bradley Wohlenberg, Assistant City Attorney, led the Pledge
of Allegiance.
4. ROLL CALL:
Present: Councilmembers Harper, Millhouse (arrived at
7:25 p.m.), Wozniak, and Mayor Pro Tem
Mikos.
Absent: Mayor Hunter.
Staff Present: Steven Kueny, City Manager; Bradley
Wohlenberg, Assistant City Attorney; Hugh
Riley, Assistant City Manager; Ken Gilbert,
Public Works Director; Mary Lindley,
Community Services Director; Dana Shigley,
Administrative Services Director; Captain
Robert LeMay, Sheriff's Department; Walter
Brown, City Engineer; Nancy Burns, Senior
Management Analyst; Joseph Fiss, Principal
Planner; Paul Porter, Principal Planner;
Deborah Traffenstedt, Assistant to City
Manager /City Clerk and Acting Community
Development Director; and La -Dell VanDeren,
Deputy City Clerk.
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Minutes of the City Council
Moorpark, California Page 2 January 16, 2002
S. PROCLAMATIONS AND COMMENDATIONS:
A. City Manager's Monthly Report.
Ms. Lindley gave the report. She reported on the status of
the restroom and sewer extension projects at Arroyo Vista,
and on the discussions at the Parks and Recreation
Commission meetings regarding the skate park. She further
reported on the completion of the winter camp and holiday
events, noting that the Moorpark After Dark teen dances
were still having excellent attendance and have had great
cooperation with the Boys and Girls Club and the schools.
She stated that the Teen Coordinator was now meeting with
the schools to discuss more collaborative events for
school -aged children. She also stated that the seniors had
their annual holiday event, which was very well attended.
She also reported that two new gazebos would be installed
at Poindexter Park and that the ball fields were being
readied for the Little League and Girls' Softball seasons.
She concluded by reporting that the field renovations at
Miller Park, Arroyo Vista, and Campus Canyon should be
completed in time for Spring.
6. PUBLIC COMMENT:
Linda Parks, a Moorpark resident and member of the Moorpark
Historical Society, presented a book on the history of
Moorpark and promoted the fact that it was a great
reference tool. She introduced Debra Ryono, as the
incoming President of the Historical Society.
AT THIS POINT in the meeting the City Council adjourned to
convene the Moorpark Redevelopment Agency. The time was
6:54 p.m. The City Council reconvened at 6:55 p.m.
7. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
Mayor Pro Tem Mikos requested that Item ll.F. be pulled
from the Consent Calendar for discussion.
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Mayor Pro Tem Mikos announced the following events: 1)
Moorpark After Dark teen dance on February 1, 2002, 7:00
p.m. to 10:00 p.m. at the Boys and Girls Club; 2) Skate and
Blade on Tuesdays and Wednesdays, 3:00 p.m. to 5:00 p.m.,
00C 0�4
Minutes of the City Council
Moorpark, California Paqe 3 January 16, 2002
and beginning February 7, 2002 on Thursdays and Fridays,
3:00 p.m. to 5:00 p.m.; 3) Snow Board and Ski on January 28,
2002, 6:00 a.m. to 6:00 p.m. at Mountain High; and 4) Hiking
at Happy Camp Canyon on January 26, 2002. She stated that
the SOAR lawsuits have been dropped by Messenger Investment
Company and that they had paid the City for outstanding
bills.
9. PUBLIC HEARINGS:
A. Consider Zoning Ordinance Amendment (ZOA) No. 2001 -01
Amending Chapters 17.08, 17.20, 17.24, and 17.28 of
the Municipal Code Related to Recreational Vehicle
Storage and Parking. (Continued Open Public Hearing
from City Council meeting of December 5, 2001.) Staff
Recommendation: 1) Close the public hearing and
continue this item off calendar; and 2) Direct staff
to re- advertise for public hearing upon completion of
the necessary revisions.
Ms. Traffenstedt gave the staff report.
Mayor Pro Tem Mikos closed the public hearing.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to continue this item off
calendar and direct staff to re- advertise for public
hearing upon completion of the necessary revisions to the
ordinance. The motion carried by voice vote, 3 -0, Mayor
Hunter and Councilmember Millhouse absent.
B. Consider Draft Ordinance Regulating Wireless
Communications Facilities within the City of Moorpark
by Adding Chapter 17.42 and Amending Chapters 17.08
and 17.20 of Title 17, Zoning, of the Moorpark
Municipal Code, and Repealing Ordinance No. 275 upon
the Effective Date of the New Ordinance (Zoning
Ordinance Amendment No. 2001 -03). (Continued Open
Public Hearing from City Council meeting of December
5, 2001)). Staff Recommendation: 1) Continue the
public hearing, take public testimony, and close the
public hearing; and 2) Waive full reading and
introduce Ordinance No. for first reading.
Ms. Traffenstedt gave the staff report.
Minutes of the City Council
Moorpark, California Paqe 4
January 16, 2002
Gregory W. Sanders, Attorney for Sprint PCS, 18101 Von
Karman Avenue, #1800, Irvine, spoke in support of the
draft ordinance.
Hugh Finlay, a Moorpark resident, stated that the 200 -
foot rule, as referenced in Section D1, should specify
whether the measurement was from the center or edge of
the transmitter site. He noted that the 200 -foot rule
was appropriate for Sprint PCS and AT &T systems, but
suggested that new or smaller output systems should be
reviewed separately because of their power outputs. He
further suggested that there be safeguards added in the
measurements for public safety and public right -of -way.
He referred to Section 17.42.050(07), and asked what
was meant by signal strength exhibits. He stated that
the provisions for a lattice tower in Section 17.42.080
should be better defined in the event a single pole
tower is used. He concluded by stating that the
general trend of the ordinance was better but
recommended that the language be stronger with regard
to advisory or mandatory requirements.
Tony Banducci, a Moorpark resident and on behalf of the
60 Moorpark residents who signed the petition, spoke in
support of the ordinance and stated that it fits the
needs of the community and industry. He pointed out
that this item had been reviewed at six meetings and
that the residents want a cooperative effort, not a
lawsuit. He asked Mr. Sanders to contact AT &T and urge
them to work with the City to resolve their specific
concerns.
Leslie Daigle, representing AT &T Wireless and Verizon
Wireless, 1111 Bayside Drive, #222, Corona del Mar,
submitted the draft ordinance marked with the carriers'
comments. She referenced various portions of the
document that were ambiguous and confusing, and
expressed her willingness to work with the City
Attorney and staff to resolve any outstanding issues.
Ms. Traffenstedt read a written statement card from
Palma Frieny, a Moorpark resident, in support of the
draft ordinance.
Councilmember Harper stated that the definition of a
"minor facility ", on stamped page 9, might limit the
City's ability to camouflage or soften the look of the
0.011. 4.
Minutes of the City Council
Moorpark, California Page 5 January 16, 2002
wall mounted or roof mounted facility. Mayor Pro Tem
Mikos concurred.
Councilmember Harper agreed that the language regarding
signal strength exhibits was poorly worded. He
recommended that the results of the field measurements
be reported and include all antennas. He further
recommended that provisions be included for continual
field surveys at reasonable intervals, and a continuing
monitoring program to ensure federal guidelines are
being met.
In response to Mayor Pro Tem Mikos, Mr. Wohlenberg
stated that Section 17.42.060(f) was added to provide
the City the ability to request one field survey in any
24 -month period at the carrier's expense.
In response to Councilmember Harper, Mr. Wohlenberg
stated that he would draft language that establishes a
fund wherein all carriers would contribute, which would
allow the City to hire a consultant to perform
independent field surveys, in lieu of a single carrier
bearing the expense.
In response to Councilmember Wozniak, Ms. Traffenstedt
replied that the draft ordinance facilitates the City's
desire to have a map indicating the specific location
of all equipment in the City. She stated that the
Planning Commission will schedule a workshop to pre -
identify sites and that it would be a part of the
ordinance as an administrative permit process.
In response to Mayor Pro Tem Mikos, Ms. Traffenstedt
confirmed that the bond referenced in the second bullet
on stamped page 42 had been added to the draft
ordinance. Mr. Wohlenberg noted that the language
appears in Section 17.42.120 (B) of the draft document.
In response to Councilmember Wozniak, Mr. Kueny
explained that a surety could include a bond, but that
it should be a cash type surety, which could be in the
form of a letter of credit, a cash deposit with the
City or restrictive cash deposit, or a three way
agreement between the carrier, City and financial
institution.
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Minutes of the City Council
Moorpark, California Paqe 6 January 16, 2002
In response to Mayor Pro Tem Mikos, Mr. Wohlenberg
stated that the term surety was used to allow the City
flexibility to work with the type of carrier's
financial stability. He explained that when there was
little confidence in the carrier, the City would want a
cash bond, whereas a surety bond would work best for a
well- established carrier. Mr. Kueny stated that the
language should be improved because it becomes an
administrative issue for the City to deal with bond
companies and surety issues.
Mayor Pro Tem Mikos requested that the legends for the
tables in Exhibits A and B appear on each page of the
final document to make it easier to follow.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to continue this item with the
public hearing open to the February 6, 2002, City Council
meeting. The motion carried by voice vote 3 -0,
Councilmember Millhouse and Mayor Hunter absent.
C. Consideration of Certification of Final Environmental
Impact Report (SCH- 1994081075), General Plan Amendment
No. 99 -01, Zone Change No. 99 -01, Residential Planned
Development No. 99 -02 and Vesting Tentative Tract Map
No. 5187, to Develop 250 Single- family Homes on a
Portion of a 350 -acre Site, Located on the West Side
of Walnut Canyon Road, Approximately 3,500 feet North
of Casey Road. Applicant: West Pointe Homes.
(Continued Open Public Hearing from City Council
meeting of December 19, 2001). Staff Recommendation:
1) At the January 16, 2002, meeting accept public
testimony and continue the public hearing to an
Adjourned City Council meeting in January 2002; 2) At
the Adjourned City Council meeting, take the following
approval actions: Adopt Resolution No. 2002 -
Certifying the Final Environmental Impact Report (SCH
1994081075) and approving the Mitigation Monitoring
Program; Adopt Resolution No. 2002- approving
General Plan Amendment 99 -01; Introduce Ordinance No.
for first reading adopting Zone Change 99 -01;
Adopt Resolution No. 2002- approving Vesting
Tentative Tract Map 5187 and Residential Planned
Development Permit No.99 -02, subject to conditions of
approval, and to become effective upon the effective
date of the Zoning Ordinance; and authorize the City
01 ('C3s
Minutes of the City Council
Moorpark, California Paae 7
January 16, 2002
Manager to make final editorial corrections to final
approval documents to achieve consistency.
Ms. Traffenstedt gave the staff report.
AT THIS POINT in the meeting Councilmember Millhouse
arrived. The time was 7:25 p.m.
Vince Daly, West Pointe Homes, Inc., 31304 Via Colinas,
#103, Westlake Village, gave the presentation regarding
the changes to the redesign of "A" Street. He
explained that adjustments were made to the grading of
the 84 -foot right -of -way to make the roadway feel more
open. He stated that the plan was revised by moving
several units without increasing grading or decreasing
lot sizes.
In response to Councilmember Harper, Mr. Daly stated
that the side yard setback requirements are the same
even though the lots were made smaller to accommodate
the other four lots.
In response to Mayor Pro Tem Mikos, Mr. Daly replied
that the pad sizes remained the same and the
adjustments did not change the lot sizes. He further
replied that as a result of more accurate measurements,
the lots located near the street were a little larger.
In response to Mayor Pro Tem Mikos, Mr. Daly stated
that he would provide full disclosure of the earthquake
fault in the white report that is given to every
homebuyer and that Ms. Traffenstedt has included it in
the final conditions of approval.
In response to Councilmember Harper, Mr. Daly presented
a sample of the hazards report that will be contained
in the white report for City Council review.
In response to Mr. Kueny, Mr. Daly stated that the 84-
foot right -of -way would consist of one 14 -foot travel
lane and two 8 -foot bike /emergency parking lanes in
each direction, and one 14 -foot landscaped raised
median, or four 12 -foot travel lanes. He further
stated that next to the curb would be 5 feet of
landscape and a 5 -foot sidewalk on either side of the
right -of -way. He noted that there would also be a 12-
foot multi -use trail and in some cases 20 feet of
010'_'0
Minutes of the City Council
Moorpark, California Paqe 8
January 16, 2002
additional area for the proposed "A" street right -of-
way.
Mr. Kueny stated that was the bare minimum for the
south side and noted that little could be accomplished
with 10 feet for sidewalk and landscaping. Mr. Daly
stated that the only place it would occur is at the
drive -in area after the parkway, and added that the
sidewalk would be sloped one way or the other. Mr.
Kueny stated that the sloped area would provide a
better noise buffer for the adjacent homes.
In response to Mayor Pro Tem Mikos, Mr. Kueny advised
that the City Council should decide on the right -of -way
width at this stage in the process. Mr. Brown provided
several scenarios that explained why the City Council
should request the largest area possible to accommodate
the vision of what "A" Street might become. Mr. Kueny
concurred and offered Miller Drive in the Carlsberg
project as an example of poor street planning and why
it was critical to have an exhibit to see what could be
done in the 84 -foot right -of -way.
In response to Mayor Pro Tem Mikos, Mr.
that the project would probably work if
could show room for leeway in the form of
4 to 5 feet for landscaping. Mr. Daly
would look at an additional 5 feet along
accommodate 10 feet of landscape area.
Kueny replied
the applicant
an additional
>tated that he
"A" Street to
In response to Councilmember Millhouse, Mr. Daly stated
that he could provide exhibits to Ms. Traffenstedt by
Friday morning.
In response to Councilmember Harper, Mr. Kueny replied
that the exhibits would not result in alternatives that
could be analyzed. He explained that he was looking
for other points along the south side of the road that
were deficient in size for landscaping. He stated that
the road would be 62 feet curb -to -curb with a center
median at a fixed -point and a 16 -foot lane with an 8-
foot emergency lane. He added that if the Council
wished to later change to two travel lanes it would
simply be a matter of restriping. He further added
that the 14 -foot area would be a combination of
landscaping and decorative paving, similar to what is
seen on Miller Drive.
"+ '� P.
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Minutes of the City Council
Moorpark, California Paae 9 January 16, 2002
Mr. Kueny suggested that the City Council table
further action on this item until after Item 9.D. is
discussed.
CONSENSUS: The City Council determined to table Item 9.C.
until after consideration of Item 9.D.
D. Consider Adoption of Ordinance for Approval of
Development Agreement No. 2001 -01 for West Pointe at
North Ranch (General Plan Amendment 99 -01, Zone Change
99 -01, Residential Planned Development 99 -02 and
Vesting Tentative Tract Map 5187) on the Application
of West Pointe Homes, Inc. (Continued Open Public
Hearing from City Council meeting of December 19,
2001.) Staff Recommendation: 1) Continue to take
public testimony; and 2) Continue the public hearing
open to an Adjourned meeting in January 2002.
Mr. Kueny gave the staff report. He stated that the Ad
Hoc committee determined that the only item outstanding
other than incorporating the language for the
photovoltaic requirements was the Affordable Housing
component. He reported that the committee was hoping
for 25 parcels, but to be fair and equitable to the
developer, the City would probably be looking at 20.
He explained the breakdown of the 20 homes, ranging
from very low to moderate income. He noted that the
parcels may not achieve 25 -foot front yard setbacks but
they would have 20 -foot driveways and that the City may
have to accept 10 -foot rear yards. He concluded by
stating that staff was still working out the final
details.
In response to Councilmember Harper, Mr. Kueny stated
that the preliminary estimates were that the selling
prices would range from $250,000 - $400,000 and that the
affordable housing units would sell below current
median priced homes.
Councilmember Wozniak commented that the second trust
deed that the City takes would not be a silent second,
which means when the house was sold, the City would
still get its money back. He stated that the goal was
to keep homeowners in the house as long as possible,
which would give the City an opportunity to not lose
ocl('- :I)E -1 1
Minutes of the City Council
Moorpark, California Page 10 January 16, 2002
out. He noted that this venture was a very creative
solution to the affordable housing situation.
Mr. Daly stated that the figures could be provided to
Mr. Kueny as early as tomorrow morning.
In response to Councilmember Wozniak, Mr. Daly replied
that he would provide estimates, but that it would be
up to the City Council to decide on the buy out
figures. Mr. Kueny explained that to build a 1,500
square foot home, the developer would need to sell the
unit for approximately $250,000 to break even. He
stated that the amount could be lowered to around the
$200,000 range.
In response to Mayor Pro Tem Mikos, Mr. Kueny stated
that the equity share for the moderate - income unit
would be restricted to a one -time opportunity. He
explained that if the house sells for $265,000 the
homebuyer would finance 950, or $230,000, and the City
would carry a $35,000 second trust deed. He further
explained that if the homebuyer stayed in the home for
20 years, then in 15 years the City would receive the
second trust deed plus whatever moderate interest (3-
5o) that had accumulated.
In response to Councilmember Harper, Mr. Kueny stated
that the equity sharing arrangement would probably go
past the lifetime of loan. He stated, however, that
had not been determined yet and would need to be
developed in the housing plan. He explained that the
City does not want to create a deterrent and that it
was a matter of the City Council's preference.
Councilmember Harper stated that he would like to hear
a committee recommendation on that matter. Mr. Kueny
noted that it would not be apart of the development
agreement, but would be in the housing plan and housing
agreement required by the development agreement.
Councilmember Millhouse stated that there were a
variety of creative ideas regarding the affordable
housing element, and that he would like to be able to
make a decision regarding the project rather than
holding off while the City Council discusses other
issues.
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Minutes of the City Council
Moorpark, California Page 11 January 16, 2002
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to continue this item with the
public hearing open to the January 23, 2002, Adjourned City
Council meeting. The motion carried by voice vote 4 -0,
Mayor Hunter absent.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to continue Item 9.C. with the
public hearing open to the January 23, 2002, Adjourned City
Council meeting. The motion carried by voice vote 4 -0,
Mayor Hunter absent.
E. Consider the Appeal of Planning Commission Decision on
Appeal 2001 -05, Appealing Various Conditions
Established by the Director of Community Development
for Approval of Administrative Permit No. 2001 -10, to
Allow a Second Dwelling Unit at 6086 Gabbert Road.
(Applicant: Cindy Hollister) . (Continued Open Public
Hearing from City Council meeting of December 19,
2001). Staff Recommendation: 1) Continue the public
hearing; accept public testimony; close the public
hearing; 2) Adopt Resolution No. 2002 -1932, sustaining
the Planning Commission decision to Deny Appeal No.
2001 -05, and further modifying the conditions of
approval; and 3) Direct Staff to begin code
enforcement action for removal of non - permitted
mobilehome within ninety (90) days.
Mr. Fiss gave the staff report.
Cindy Hollister, a Moorpark resident, commented on the
proceedings from the last City Council meeting and
stated that she refuted the staff recommendation. She
referred to the California Government Code and
commented on the laws and codes used by staff to make
the determination and staff recommendation. She
reiterated that her intent was to provide low -cost
housing for her worker and his family.
Mr. Wohlenberg explained that state law allows cities
to pass some of their own ordinances by a certain date
or be governed by state law. He stated that the City
passed its own ordinance with respect to second
dwellings in a timely manner. He explained that with
regard to the age of the mobilehome, the age issue was
based on a safety issue, which is governed by state,
county, and City laws.
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Minutes of the City Council
Moorpark, California Page 12 January 16, 2002
In response to Councilmember Harper, Mr. Fiss stated
that the City could allow, by ordinance, any mobilehome
of any age and it was also allowed to have more
restrictive guidelines. Ms. Traffenstedt stated that
the significance of the 1958 date was in changes to the
standards of construction of mobilehomes, which were
made for health and safety protection as well as for
the protection of the inhabitants. She explained that
although the code was more restrictive, the City would
not want to go backwards. She further explained that
the size restrictions were determined by a prior
Council, and could be changed again, but that it does
not address the concerns of Ms. Hollister.
Mr. Wohlenberg stated that if the mobilehome was
manufactured after 1958, then it must have a sticker
showing that it conforms to the construction
requirements at the time it was built. He stated,
however, that the City does not have to allow that
type, since newly installed mobilehomes must meet the
codes in effect as of 1976.
In response to Councilmember Harper, Mr. Fiss explained
that, prior to the 1976 federal law, there were no
consistent standards for manufactured homes. He stated
that asbestos was one of the major issues at that time,
in addition to flammability, hallway widths, and
accessibility. He added that there have been
significant health and safety modifications since that
date.
In response to Councilmember Millhouse, Mr. Fiss
replied that a building permit was issued for the
original mobilehome on November 18, 1994, and a
planning permit issued in January 1994. He explained
that the original mobilehome was permitted but a final
inspection was never obtained. He stated that the
original mobilehome was removed and replaced with the
current one prior to November 2, 1999, which was the
date that the code enforcement case had been opened.
In response to Councilmember Millhouse, Mr. Kueny
replied that if the City Council wishes to change the
ordinance, than the proper procedure was to forward the
matter to the Planning Commission for their review and
recommendation.
Minutes of the City Council
Moorpark. California Paae 13
January 16, 2002
Councilmember Millhouse commented on the practical
impacts on the applicant and stated his concerns
regarding updating the code on a piecemeal or ad hoc
basis.
Mayor Pro Tem Mikos commented on the circumstances that
led to the prior Council decision of the 30o rule,
which limits a 40 -acre parcel to a 490 square foot
second dwelling unit.
AT THIS POINT in the meeting a recess was declared. The
time was 8:35 p.m. The City Council meeting reconvened at
8:54 p.m.
In response to Mayor Pro Tem Mikos, Mr. Fiss stated
that the caretaker and his family would not have to
leave the property if the applicant removes the
existing mobilehome within 90 days and replaces it
within one year.
In response to Mayor Pro Tem Mikos, Ms. Hollister
replied that the existing mobilehome is a single -wide,
924 square foot unit with three bedrooms and two
bathrooms.
Mayor Pro Tem Mikos stated that she would be in favor
of the staff recommendation if the size of the unit
were adjusted.
Councilmember Harper stated that he was not willing to
violate or ignore a City code and would like the issue
of the minimum square footage revisited. He further
stated that he would support the staff recommendation
with the following minor modification added to the
language on stamped page 67, paragraph 2, end of
sentence 1: "or the minimum size as fixed by city code
at the time the permit is utilized."
Mr. Kueny stated that the intent was to avoid having
the applicant come back. He explained that changes to
the code could take up to 6 months, and in this case,
120 days or more.
Councilmember Millhouse recommended that the item be
continued to allow staff time to address the issues of
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Minutes of the City Council
Moorpark, California PaQe 14 January 16, 2002
conflicting procedures before requiring the applicant
to do anything further.
In response to Mayor Pro Tem Mikos, Mr. Fiss replied
that staff was not allowed to inspect the mobilehome
when the measurements of the primary dwelling were
taken.
In response to Councilmember Harper, Mr. Fiss replied
that since the existing unit was never permitted, no
non - conforming rights would be granted. He noted that
staff also had concerns regarding the potentially
unsafe unit and the liability to the City. He stated
that an inspection is required.
In response to Mayor Pro Tem Mikos, Ms. Hollister asked
what would be the problem with getting an inspection,
as it would allow her the opportunity to fix it to
code. Mr. Kueny stated that the intent was to remove
the substandard dwelling unit and arrange for a
transition period of 90 days.
Councilmember Wozniak stated his support of
Councilmember Harper's suggestion with acceptance of
the staff recommendation as modified.
Councilmember Harper clarified that the language for
stamped page 67, paragraph 2, sentence 1 should be
amended to read as follows: "The maximum size of
dwelling unit not exceed that permitted by City code."
He requested an additional item to the staff
recommendation to refer the minimum square footage
issue to the Planning Commission for review and
recommendation.
Mr. Kueny suggested that the issue regarding square
footage should not be part of the motion.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to adopt Resolution No. 2002 -1932,
sustaining the Planning Commission decision to deny appeal
No. 2001 -05, as amended; and direct staff to begin code
enforcement action for removal of non - permitted mobilehome
within ninety -days. The motion carried by voice vote 3 -1;
Councilmember Millhouse opposed, Mayor Hunter absent.
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Minutes of the City Council
Moorpark, California Page 15 January 16, 2002
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to refer the issue of minimum
square footage to the Planning Commission for their
recommendation. The motion carried by voice vote 4 -0, Mayor
Hunter absent.
F. Consider Commercial Planned Development Permit No.
2000 -02 for a 2,868 Square Foot Jack -in- the -Box
Restaurant with Drive - through Service and a 17,196
Square Foot Two -story Retail /Office Building on
Property Located on the South Side of Los Angeles
Avenue One Property West of the Southwest Corner of
Los Angeles Avenue / Leta Yancy Road, North of the
Arroyo Simi, on the Application of Jack -in- the -Box
Restaurants and Acres Realty (Assessors Parcel No.
506 -0 -05 -050). Staff Recommendation: 1) Open the
public hearing, accept public testimony and close the
public hearing; 2) Consider the Mitigated Negative
Declaration and Mitigation Monitoring Plan prepared
for the requested entitlements prior to making a
decision on the project; 3) Direct staff to prepare a
resolution for denial of the project without prejudice
for the reasons discussed in the agenda report.
Mr. Porter stated that, prior to presenting the staff
report, the applicant has requested a 30 -day
continuance to obtain traffic studies and more fully
review the conditions of approval. He also recommended
that the applicant read into the record a waiver of the
timeline on the Permit Streamlining Act.
Greg Nottingham, Jack -in- the -Box and Acres Realty,
spoke on behalf of the applicant and stated that the
applicant would agree to a waiver of the timeline on
the Permit Streamlining Act and was requesting a 30 -day
continuance to review and consider all of the
conditions of approval.
CONSENSUS: The City Council determined to proceed with the
presentation of the staff report.
Mr. Porter gave the staff report.
In response to Councilmember Harper, Mr. Porter replied
that the agreement was created between the property
owners and not the City, which makes it difficult for
the City to enforce. He further replied that
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Minutes of the City Council
Moorpark, California Paste 16 January 16, 2002
reciprocal access does exist on the north side of the
project; however, new problems have developed from the
existing project, with respect to traffic safety
issues. Mr. Kueny explained that once the gas station
project was laid out, the original traffic patterns did
not work.
Councilmember Harper stated that the City has defeated
the purpose of the reciprocal access by allowing the
building on the Mobil property to be situated so as to
essentially preclude reciprocal access.
In response to Councilmember Wozniak, Mr. Kueny replied
that the Planning Commission initially requested
additional traffic study and the applicant refused to
do so. He stated that it would make no difference if
action were taken tonight as opposed to delaying the
decision. He noted that the applicant might owe fees
for additional staff time spent should this matter be
continued.
In response to Councilmember Millhouse, Mr. Kueny
stated that from an administrative standpoint, the
appropriate procedure would be a re- filing rather than
conditioning the project because the site plan should
be in conformance.
In response to Councilmember Harper, Mr. Porter
discussed architectural styles on Los Angeles Avenue.
Councilmember Millhouse commented that the course of
action would be to deny without prejudice. He agreed
that the architectural style was a problem, in addition
to traffic flow, . inadequate landscaping, traffic
circulation, and overall incompatibility with the
neighboring businesses.
Mayor Pro Tem Mikos opened the public hearing.
Greg Nottingham, Jack in the Box, 506 Corte Golondrina,
Camarillo, applicant, requested the 30 -day continuance
to conduct a focused traffic study, and address the
issue of architectural style and concerns from the
adjacent property owners. He noted that the applicant
strongly believes that the original cross access
agreement works because the drive - through has a metered
flow with every car coming out every 60 -90 seconds. He
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Minutes of the City Council
Moorpark, California Page 17
January 16, 2002
indicated that the applicant would not have a problem
starting over if the traffic study proved the contrary.
In response to Mayor Pro Tem Mikos, Mr. Nottingham
replied that he had not attended the initial Planning
Commission meeting, but noted that a traffic study was
submitted with the original application a year and a
half ago.
Mayor Pro Tem Mikos stated that the project has major
flaws and that significant progress must be made in
obtaining cross access through the Mobil station
property.
In response to Mr. Kueny, Mr. Nottingham replied that
the driveway location would remain as outlined in the
design plans with the cross access in front of the
buildings along Los Angeles Avenue.
Mayor Pro Tem Mikos stated she could understand why the
Planning Commission wanted to block off that access due
to the traffic volume in that area. She stated that
she found it disturbing that the traffic study was
requested months ago, and the applicant failed to
respond.
Mr. Kueny noted that the prior traffic study was
focused. He recommended that since the other applicant
representatives did not stay for the public hearing,
the City Council may want to consider continuing the
public hearing to next week, direct the applicant to
provide exhibits, and direct staff to prepare a
resolution denying the application, with or without
prejudice.
Councilmember Wozniak stated that he agreed with Mr.
Kueny's recommended course of action. He strongly
conveyed his dissatisfaction to Mr. Nottingham that the
applicant's representatives left the meeting prior to
hearing the City Council's deliberations on the request
for the continuance.
Mr. Nottingham stated that the staff report was not
received until yesterday so there was no time to review
it. He agreed to convey Councilmember Wozniak's
displeasure to all concerned.
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Moorpark, California Paqe 18 January 16, 2002
Councilmember Harper reluctantly agreed to support the
one -week continuance. He suggested shifting the Jack
in the Box more westerly, and reconfiguring the traffic
flow so that the westerly driveway is used.
Councilmember Millhouse echoed Councilmember Harper's
concern and concurred with his suggestion to relocate
the uses of the project to alleviate the traffic flow
issues.
Mr. Nottingham requested consideration for ten working
days rather than one week.
MOTION: Councilmember Wozniak moved and Councilmember
Harper seconded a motion to continue the public hearing open
to the January 23, 2002 Adjourned City Council meeting and
directed staff to prepare a resolution for denial. The
motion carried by voice vote 4 -0, Mayor Hunter absent.
G. Consider Dedicating Community Development Block Grant
(CDBG) Funds Authorized For Affordable Housing For
Program Year 1998 ($12,000) to Administrative Costs
For CalHome Mobilehome Rehabilitation. (ROLL CALL
VOTE REQUIRED) Staff Recommendation: 1) Open public
hearing, accept public testimony, and close public
hearing; 2) Authorize $12,000 in CDBG Affordable
Housing funds to be designated for CalHome mobilehome
rehabilitation program set -up and service delivery
fees for approximately 12 mobilehome rehabilitation
loans; 3) Limit each borrower's share of the
transaction costs of a mobilehome rehabilitation loan
to the costs of appraisal and loan processing, not to
exceed $750; and 4) Stipulate that loan costs for each
CalHome mobilehome rehabilitation loan transaction are
to be paid by the CalHome service delivery fee (50 of
loan amount); borrower, subject to a maximum amount of
$750; and CDBG funds.
Ms. Burns gave the staff report.
Mayor Pro Tem Mikos opened the public hearing. There
being no public speakers, Mayor Pro Tem Mikos closed
the public hearing.
MOTION: Councilmember Millhouse moved and Councilmember
Harper seconded a motion to: 1) Authorize $12,000 in CDBG
Affordable Housing funds to be designated for CalHome
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Minutes of the City Council
Moorpark, California Page 19 January 16, 2002
mobilehome rehabilitation program set -up and service
delivery fees for approximately 12 mobilehome
rehabilitation loans; 2) Limit each borrower's share of the
transaction costs of a mobilehome rehabilitation loan to
the costs of appraisal and loan processing, not to exceed
$750; and 3) Stipulate that loan costs for each CalHome
mobilehome rehabilitation loan transaction are to be paid
by the CalHome service delivery fee (50 of loan amount) ;
borrower, subject to a maximum amount of $750; and CDBG
funds. The motion carried by voice vote, 4 -0, Mayor Hunter
absent.
H. Consider Adoption of an Ordinance to Rescind Existin
Chapter 15.24 and Replace with New Chapter 15.24,
Regarding Flood Damage Prevention. Staff
Recommendation: Open the public hearing, take public
testimony, and continue the public hearing open to
February 6, 2002.
Ms. Traffenstedt stated there was no staff report.
Mayor Pro Tem Mikos opened the public hearing.
MOTION: Councilmember Wozniak moved and Councilmember
Harper seconded a motion to continue the public hearing
open to February 6, 2002. The motion carried by voice
vote, 4 -0, Mayor Hunter absent.
10. PRESENTATION /ACTION /DISCUSSION:
A. Consider Approval of the Re- design of the Retainin
Walls for the Los Angeles East Improvement Project
(Project 8012). Staff Recommendation: 1) Approve the
redesign of the retaining walls to provide for the
construction of reinforced concrete soil nailed
simulated rock cut wall; and 2) Use existing easement
documents and defer preparation of new easement
documents unless right -of -way costs exceed the cost of
their preparation.
Mr. Brown gave the staff report.
In response to Councilmember Harper, Mr. Brown stated
that the durability of walls was consistent and has
been used in Europe since the 1950's. He stated that
the types of block walls seen in Camarillo use
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Minutes of the City Council
Moorpark, California Page 20
January 16. 2002
construction fabric and explained the difference
between that and the soil nailed wall.
Mr. Gilbert stated that the cost estimate for the soil
nailed wall appears not to have a cost for landscaping.
He explained that the keystone wall has been submitted
to the City Council twice; the second time to get
directions regarding landscaping. He stated that, if
the City Council adopts the staff recommendation, than
clarification is needed regarding landscaping with a
fabricated fagade. He noted that the soil nailed wall
could have a bolder fagade and requested City Council
direction regarding landscape pockets.
Councilmember Harper stated that landscaping would add
relief to the ordinary masonry wall. Councilmember
Wozniak concurred.
In response to Mayor Pro Tem Mikos, Mr. Gilbert
acknowledged that the original application for a
keystone wall had landscaping.
Councilmember Millhouse stated his preference for the
cast concrete detailing of the cantilevered decorated
wall as depicted in Exhibit 3 -B. Mr. Gilbert stated
that the City Engineer is recommending the soil nailed
sculpted retaining wall as depicted in Exhibit 4 -B.
Councilmember Millhouse stated his concern that the
City would be getting a lot of rock that looks like
cheap fake rock. He stated that, if the intent is to
provide relief, than the City should spend the money
and do it right. Mr. Gilbert pointed out that Exhibit
3 -B does not have landscaping.
In response to Mayor Pro Tem Mikos, Mr. Brown replied
that, with respect to the soil nailed wall in Exhibit
4 -A, the landscaping could be above the barbed wire
fence; however, an estimate was not included in the
staff report. He noted that there would be landscaping
on the project and that any pattern could be used in
the soil nailed wall because the walls are acid etched
after the concrete is set and then colored. Mr. Brown
stated that staff could build pockets into the concrete
wall to accommodate landscaping. He noted that this
was not desirable, as that type of design tends to
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Moorpark, California Paqe 21
January 16, 2002
provide a place for roots to go, however, he indicated
that plantings might be found that were less invasive.
Mayor Pro Tem Mikos agreed that the sculpted soil
nailed wall was more natural than the rock face, but
requested some kind of landscaping.
Mr. Kueny reminded the City Council that the wall was
27 feet, recommended that the landscaping be above the
wall, and advised that the introduction of pockets,
regardless of the style, would look artificial. He
recommended that staff be directed to restore the
native vegetation above the wall and not landscape the
first 27 feet.
In response to Councilmember Harper, Mr. Brown replied
that vines work well with that type of wall, and added
that staff would search for natural plantings that use
less water.
In response to Mr. Kueny, Mr. Gilbert replied that at
build out, there is no opportunity for any parkway
landscaping to provide some relief to the wall. He
explained that the 88 -foot corridor for the four -lane
street has a 5 -foot sidewalk from the toe of the wall
to the curb, and that the wall is situated in an
easement that was just north of right -of -way line. He
stated that the street improvements for the four -lane
section has a curb five feet north of the line and
there was no parkway envisioned in the original plan
approved by City Council five or years ago.
Mr. Kueny noted that if it was ever built to four lanes
then there would be a sidewalk only on one side, which
was a decision that could be made later. He further
noted that the City Council could plant trees at some
point and later decide whether a sidewalk was necessary
on both sides. He stated that with very little
activity on the north side the need for a sidewalk
might be unnecessary and that the City Council might
decide to just plant trees.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to: 1) Approve the redesign of
the retaining walls to provide for the construction of
reinforced concrete soil nailed simulated rock cut wall; 2)
Use existing easement documents and defer preparation of
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Minutes of the City Council
Moorpark, California Paqe 22 January 16, 2002
new easement documents unless right -of -way costs exceed the
cost of their preparation; and 3) and Directed staff to
explore ways of introducing noninvasive landscaping to
soften the appearance of the wall. The motion carried by
voice vote, 3 -1; Councilmember Millhouse opposed, Mayor
Hunter absent.
11. CONSENT CALENDAR:
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to approve the Consent Calendar,
except for Item ll.F. The motion carried by roll call vote
4 -0, Mayor Hunter absent.
A. Consider Approval of Minutes of Adjourned Meeting of
December 20, 2001.
Consider Approval of Minutes of Special Meeting of
January 9, 2002.
Staff Recommendation: Approve minutes as processed.
B. Consider Approval of Warrant Register for Fiscal Year
2001 -2002 - January 16, 2002.
Manual Warrants 108095 - 108096 $ 28,325.25
Voided Warrants 106042 & 107095 & $ (841.50)
107910
(Pentamation additional 107983 & 108084
remittance copy)
Payroll Liability 107960 - 107968 & $ 11,527.02
Warrants 108085 - 108094 $ 16,632.18
Regular Warrants 107969 - 108083 & $748,940.11
108100 - 108156 & $ 11,499.02
108157 - 108183 $269,785.55
Staff Recommendation: Approve the warrant register.
C. Consider Use of Funds Received Pursuant to Memorandum
of Understanding with Hidden Creek Ranch LP, North
Park Village LP, and Messenger Investment Company.
Staff Recommendation: Direct staff to deposit $130,000
of funds received pursuant to the Memorandum of
Understanding into the City Hall Improvement Fund.
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Minutes of the City Council
Moorpark, California Paae 23
January 16, 2002
D. Consider Authorizing City Manager to Approve a
Professional Services Agreement between the City of
Moorpark and California CD Creations, Inc., for the
Scanning of City Records to Digital /Electronic Image
in the Questys Software Format. Staff Recommendation:
Authorize the City Manager to approve the Agreement
between the City and California CD Creations, Inc.
E. Consider Adjustment to the Hourly Rates Charged for
Engineering Services. Staff Recommendation: Approve a
2.7% increase to the rates charged for Engineering
Services, effective January 1, 2002.
G. Consider Resolution Designating Poindexter Avenue to
be a Through Street in the Vicinity of Endeavor Court,
and Directing the Placement of a Stop Sign at the
Endeavor Court Entrance Thereto. Staff Recommendation:
Adopt Resolution No. 2002 -1933.
H. Consider Resolution in Support of Proposition 42, a
Measure to Restrict the Use of Gasoline Taxes to
Transportation Systems Improvements. Staff
Recommendation: Adopt Resolution No. 2002 -1934.
I. Consider Support for Assembly Bill 1145 Regarding
Formation Proceedings for Regional Open -Space District
in Ventura County. Staff Recommendation: Support
Assembly Bill 1145 and authorize the Mayor to sign
letters of support.
The following item was pulled for individual consideration:
F. Consider an Agreement between the City of Moorpark,
and MSE for Regular Monthly Household Hazardous Waste
(HHW) Event Participation. Staff Recommendation: 1)
Approve the Agreement between the City of Moorpark,
and MSE Environmental Inc. for provision of Regional
Household and Conditionally Exempt Small Quantity
Generator (CESQG) Hazardous Waste Collection Program
Services, subject to final language approval by the
City Attorney and City Manager; and 2) Authorize the
City Manager to execute the Agreement.
Mayor Pro Tem Mikos stated that she wanted Moorpark
residents to know that the number of days would be
increased for disposal of household hazardous waste,
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Minutes of the City Council
Moorpark, California Paqe 24 January 16, 2002
and that this service was available to them. She also
stated that additional information was available on
the City's website.
MOTION: Mayor Pro Tem Mikos moved and Councilmember
Wozniak seconded a motion to approve Item 11.F. The motion
carried by voice vote 4 -0, Mayor Hunter absent.
12. ORDINANCES:
None.
13. CLOSED SESSION:
Mr. Kueny announced that the City Council would be going
into Closed Session for discussion of one case under Item
13.A., and Items 13.E. and 13.G.
Mr. Wohlenberg stated that the facts and circumstances
creating significant exposure to litigation for the one
case under Item 13.A. consist of a written communication
threatening litigation received from AT &T Wireless
regarding the proposed Wireless Communications ordinance.
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to adjourn to Closed Session for a discussion
of one case under Item 13.A., and Items 13.E. and 13.G. The
motion carried by voice vote 4 -0, Mayor Hunter absent.
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)
E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 203 E. Los Angeles Ave., Moorpark, CA 93021
and 213 E. Los Angeles Ave., Moorpark, CA 93021
Agency Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Wayne
Colmer
Under Negotiation: Price and terms of payment
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Minutes of the City Council
Moorpark, California Page 25 January 16, 2002
G. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)
Agency Designated Representative: Steven Kueny
Employee Organization: Service Employees International
Union, AFL -CIO, CLC, Local 998
AT THIS POINT in, the meeting a recess was declared. The time
was 10:34 p.m. The City Council reconvened into Closed Session
at 10:47 p.m.
Present in Closed Session were Councilmembers Harper,
Millhouse, and Wozniak, and Mayor Pro Tem Mikos; Steven
Kueny, City Manager; Bradley Wohlenberg, Assistant City
Attorney; Hugh Riley, Assistant City Manager; and Deborah
Traffenstedt, Assistant to City Manager /City Clerk and
Acting Community Development Director.
Mr. Wohlenberg left the meeting at 10:55 p.m., following
discussion of one case under Item 13.A. Mr. Riley and Ms.
Traffenstedt left the meeting at 11:00 p.m., following
discussion of Item 13.E.
The City Council reconvened into open session at 11:20 p.m.
Mr. Kueny stated that one case under Items 13.A., and Items
13.E. and 13.G. were discussed and that there was no action
to report.
14. ADJOURNMENT:
Mayor Pro Tem Mikos adjourned the meeting at 11:20 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
MINUTES OF THE CITY COUNCIL
Moorpark, California April 17, 2002
A Regular Meeting of the City Council of the City of Moorpark
was held on April 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 6:50 p.m.
2. INVOCATION:
Pastor Errol Hale from Shiloh Community Church, gave the
Invocation.
3. PLEDGE OF ALLEGIANCE:
Hugh Riley, Assistant City Manager, led the Pledge of
Allegiance.
4. ROLL CALL:
Present: Councilmembers Harper, Mikos, Millhouse,
Wozniak, and Mayor Hunter.
Staff Present: Steven Kueny, City Manager, Hugh Riley,
Assistant City Manager; Mary Lindley,
Community Services Director; Dana Shigley,
Administrative Services Director; Walter
Brown, City Engineer; Captain Robert LeMay,
Sheriff's Department; John Brand, Senior
Management Analyst; Deborah Traffenstedt,
Assistant to City Manager /City Clerk and
Acting Community Development Director; and
La -Dell Vanderen, Deputy City Clerk.
S. PROCLAMATIONS AND COMMENDATIONS:
A. Proclamation acknowledging the month of April as
Sexual Assault Awareness month.
Mayor Hunter presented the Proclamation to Lisette
Rodriguez, Public Relations Coordinator, for the
Ventura County Coalition to End Domestic and Sexual
Violence.
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Minutes of the City Council
Moorpark, California Paqe 2
ril 17, 2002
Ms. Rodriquez thanked the city for the proclamation
and informed the Council that the Ventura County
Coalition to End Domestic and Sexual Violence has been
serving the citizens of Ventura County for 24 years;
that one of the first steps for decreasing sexual
assaults in the community is to bring about awareness
and promote education; and the public can show its
support for this cause by attending a coalition
sponsored `Take Back the Streets" march and rally in
downtown Ventura at Mission Park on April 26th at 5:30
p.m.
B. CITY MANAGER'S MONTHLY REPORT.
Mr. Kueny deferred the monthly report due to the
upcoming joint meetings to be held with the Planning
Commission and the Parks and Recreation Commission for
which staff is reviewing many of the city's projects.
6. PUBLIC COMMENT:
Gerald Goldstein, a Moorpark resident, discussed the
upcoming State of the City Address to be given by the Mayor
and requested that his speech be recorded so that the
public can listen to the message. He went on to express
concern for the loss of affordable housing, businesses, and
jobs in the city.
Cindy Hollister, a Moorpark resident, asked why the
Hollister name appears on the Redevelopment Agency's agenda
under Closed Session as Item 7.E.
Mr. Kueny stated that during testimony at the hearing on
the Hollister matter, it became known that a modular unit
might be needed. In light of the action taken on the
Moorpark Mobilehome Park on High Street, a modular unit may
be available so this Item was scheduled to allow the
Council to discuss whether the city wants to make it
available and under what terms.
In response to Ms. Hollister's statement that she had
already located a modular unit, Mr. Kueny stated that there
would then be no need to meet on this Item.
In response to Mayor Hunter, Ms. Hollister stated she has
already purchased another unit; however, its availability
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Minutes of the City Council
Moorpark, California Paqe 3
ril 17, 2002
has been delayed and she asked for an extension to the 25th
of May.
Mayor Hunter advised Ms. Hollister that the Council is
unable to discuss the matter since it is not an agendized
item and recommended that she contact Mr. Kueny and city
staff to work out the details on an extension.
David Aguirre, a Moorpark resident, and member of the
Mexican American Historical Society in Ventura County,
informed the public of an April 20th event at California
State University, Channel Islands campus where officers
were be installed.
AT THIS POINT in the meeting, Mayor Hunter announced that the
City Council would recess to convene the Redevelopment Agency
meeting. The time was 7:06 p.m. The meeting reconvened at 7:06
p.m.
7. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
Councilmember Mikos requested that Item ll.C. be pulled
from the Consent Calendar.
Councilmember Millhouse asked if the Hollister matter
should be added to the agenda for discussion of the issues
concerning the Hollister property.
Councilmember Mikos asked if the Hollister matter should
still be heard in Closed Session just in case the sale of
the modular unit falls through.
Mr. Kueny stated that as a result of the information
provided by Ms. Hollister, the Council did not need to
discuss this item.
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Mayor Hunter announced that the Moorpark Senior Center is
having its annual Volunteer Recognition on Thursday, April
25th to honor those volunteers who gave a minimum of 12
hours to the center during 2001, and local business
representatives and community leaders who have contributed
to the center's success during 2001, have also been invited
to attend.
Minutes of the City Council
Moorpark, California Page 4 April 17, 2002
Mayor Hunter announced that a dance for teens in grades
nine through twelve would be held on Friday, April 26th at
the Arroyo Vista Recreation Center from 8:00 -11:00 p.m.
Mayor Hunter announced that the next Moorpark "After Dark
Carnival Dance" for teens in grades six through nine, will
be held at the Arroyo Vista Recreation Center on Friday,
May 3rd from 7:00 p.m. to 10:00 p.m. and will feature
carnival games, Whirly Bird attraction, DJ, and dancing.
Mayor Hunter announced that everyone interested in skating
at the Arroyo Vista Skatepark on Thursdays and Fridays from
3:00 p.m. to 6:00 p.m. should bring safety equipment and a
free Skatepark Pass.
Councilmember Millhouse asked that there be a Future Agenda
item to discuss the Hollister matter.
Mr. Kueny stated that staff has just spoken with Ms.
Hollister and she will be sending in a letter in a few days
and at that time the matter will be added to the next
agenda.
9. PUBLIC HEARING:
None.
10. PRESENTATION /ACTION /DISCUSSION:
A. Consider Providing Comments on the Draft Unmet Transit
Needs Findings to the Ventura County Transportation
Commission (VCTC). Staff Recommendation: Provide
comments on the draft Unmet Transit Needs findings,
including the proposed direction on the report card,
and direct staff to transmit the comments to VCTC.
John Brand gave the staff report. He stated that
background information has been provided to the
Council since the distribution of the staff report.
He added for clarification, that the Citizens
Transportation Advisory Committee (CTAC) has requested
that a report card on the status of all unfinished
findings, demonstration projects, goals and
recommendations be provided at the beginning of the
process. He went on to state that the Ventura County
Transportation Commission (VCTC) did not obligate
themselves to complete such a report card.
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Moorpark, California Paqe 5 April 17, 2002
Gerald Goldstein, a Moorpark resident, stated that an
unmet need is bus transportation to a City Council
meeting later than 4 :30 or 5:00 p.m. and
transportation back home after the meeting.
Councilmember Mikos discussed information and a sample
report card she had provided to the Council regarding
her concerns about the report card issue. She
emphasized the need to have the goals and unmet needs
report card available at beginning of the Unmet Needs
hearing process to encourage the public to make
comments; recommended that the city complete its own
report card so that next year they can show the VCTC
what it looks like; and suggested that the Council
formally request this report card process be
implemented by the VCTC so that future Ventura
County's transportation needs can be considered.
Councilmember Wozniak stated that the reason the
report card was not brought forward to the VCTC was
due to lack of support from other cities. He reminded
that Council that even though SSTAC and CTAC had
approved the use of a report card, they act only in an
advisory capacity to the VCTC, which makes the final
decision. Councilmember Wozniak agreed that Moorpark
should do its own report card as a sample to show to
other cities and the VCTC and include tracking of
staff time used to complete the report.
In response to Councilmember Mikos, Councilmember
Wozniak stated that he did not know if the report card
would be valuable as a requirement by VCTC. He also
stated that he would like to see a sample report card
prepared for the city to see if it works.
Councilmember Mikos asked that Councilmember Wozniak
request that the VCTC not drop unaccomplished,
approved goals from year to year. She cited for
example, an unachieved goal to work with the three
community colleges to develop a transit marketing
program to increase student ridership, which has been
dropped from this year's list of goals.
Councilmember Wozniak concurred with Councilmember
Mikos and stated that there is a need to ask why
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Moorpark, California Paqe 6
ril 17, 2002
unaccomplished goals are not carried over from year to
year and moved up on the priority list.
In response to Councilmember Millhouse, Mr. Kueny
stated that he does not see completion of a report
card taking up a lot of staff time since this is just
a status report; information is currently provided to
the Council in various forms such as transit reports
prepared by the Community Services Department; and a
report card /status report could probably be prepared
by January or February.
Ms. Lindley concurred with Mr. Kueny, stating that a
report on the status of goals and findings that relate
to Moorpark would not be an onerous task.
Councilmember Millhouse stated he would be in favor of
the proposed report card, as long as it does not take
up too much staff time; it is important that the
public recognize that this subject of unmet transit
needs is dealing with public transportation, bus
needs, commuter express needs, and not with
individualized transportation needs.
In response to Councilmember Harper, Councilmember
Wozniak stated that the VCTC has considered installing
bike racks on buses; a bicycle organization from
Moorpark is putting together a proposal for what is
required for buses to accommodate the bike racks; and
it would be fine to list this as a goal for the City
of Moorpark, but until the proposal comes back to the
VCTC with specific information on how bike racks can
be installed uniformly throughout the system, it is
unlikely to be implemented.
Councilmember Harper stated that the city of Moorpark
will be going out to bid again for the city's own
transportation contract for buses and perhaps this can
be included in the contract that new buses be designed
to accommodate bicycles.
In response to Councilmember Harper, Councilmember
Wozniak stated that most local beach communities have
not worked through VCTC, but provide their own service
for transportation to the beach.
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Moorpark, California Paqe 7
April 17, 2002
Councilmember Harper echoed Councilmember Mikos'
request that the transit marketing program to promote
the marketing of bus service be reinstated as a goal,
as it is needed at the college campuses to promote
student awareness of the availability of bus transit.
In response to Ms. Lindley's request for clarification
of what is expected of staff besides a status report
on city programs, Councilmember Mikos stated that she
would like to see Councilmember Wozniak transmit a
letter to VCTC indicating that this meeting took
place; that the City of Moorpark likes the idea of
having a report card, will complete one, and
encourages other cities to do the same; and the letter
should also request the VCTC vote at their next
meeting to carry unmet goals forward from year to
year.
Mayor Hunter stated that he would be uncomfortable
with that wording. He stated that it would be fine
for Councilmember Wozniak to take information to the
VCTC that the city of Moorpark sees value in
evaluating a report card or status report and intends
to implement a pilot status report, but he does not
want to appear to tell other cities what to do by
recommending they do the same.
Councilmember Wozniak concurred with the Mayor and
stated that the city can complete the pilot status
report, which when presented, will make the other
cities aware of it.
In response to Councilmember Mikos, Councilmember
Wozniak stated that he concurs that the VCTC should
address goal carryover.
Mr. Kueny clarified that there could be reasons that a
goal is dropped and if that is the case, an
explanation could be listed.
Mayor Hunter stated that before a goal is dropped
there should be verification of the concurrence from
the member cities.
Mr. Kueny requested clarification for staff that
Councilmember Wozniak would present this information
to VCTC.
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Moorpark, California Paqe 8
ril 17, 2002
Mayor Hunter confirmed that this was the consensus.
B. Consider Ventura Council of Governments
(VCOG) Staffing and Budget Options. Staff
Recommendation: Direct staff as deemed appropriate.
Mr. Kueny recommended that this item be continued to
the Special Joint meeting of the City Council /Planning
Commission on April 24, 2002, at 6:30 p.m. to allow
the City Managers group and other cities to weigh in
on this issue and still provide direction for the
Mayor for his attendance the next day at the VCOG
meeting.
Mayor Hunter asked that staff verify whether or not
the Board of Supervisors has submitted a letter
indicating that they are going to withdraw from VCOG
pending potential modifications to the participation
to VCOG. He also asked staff to verify whether the
city of Fillmore has withdrawn from membership in
VCOG.
Mr. Kueny stated that a letter was received today,
which addressed those issues and would be included in
the meeting of April 24t''.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to continue this item to the
Special Joint Meeting of the City Council /Planning
Commission scheduled for April 24, 2002. The motion
carried by unanimous voice vote.
C. Consider Design for New Fire Station on High Street.
Staff Recommendation: Approve concept design and
schematic plans for new fire station on High Street.
Mr. Riley gave the staff report.
Donny DeWise, project designer from Robbins, Jorgenson
Christopher, Architects, described the site and
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Minutes of the City Council
Moorpark, California Paqe 9 April 17, 2002
conceptual design of a contemporary version of a
classical, downtown fire station.
In response to Mayor Hunter, Chief Esterling from the
Ventura County Fire District, stated that the interior
design of the station meets the operational needs of
fire fighters and the signage for the station is still
under consideration.
Councilmember Mikos stated that the design looks good,
however she asked if it could be changed to look more
"old- time" by eliminating the flatness of the roofline
and adding thicker /wider brick to the exterior to
blend more with the older buildings along High Street.
Chief Esterling stated that he would be open to adding
cornices to the roofline; however he has some concerns
regarding changes to the roof line due to added cost;
and that the brick is a classic brick, which is
thicker than it appears in the rendering.
Mark DiCecco, architect and Planning Commissioner,
stated that he agrees that the design is consistent
with the intent of the Downtown Specific Plan. He went
on to suggest that consideration should be given to
having a cornice element along the roof line;
providing glazed doors for the roll -up doors on the
front of the building for a view of the fire trucks;
changing the floor plans to reflect the recessed
windows and doorways, as depicted on the renderings;
installing a real window rather than opaque glass in
the upper window of the prominently located dorm room
on the corner; relocating the seating elements on the
corner of High Street and Magnolia Avenue further out
from the landscaping to make them more inviting; and
to make sure the brick element and architectural
features continue around to the west elevation since
there is no rendering of that side of the building.
In response to Mayor Hunter, Chief Esterling stated he
would discuss the suggestion for glazed roll -up doors
with the Fire District, as there may be some privacy
concerns.
In response to Mayor Hunter, Mr. DeWise stated that he
concurs with the addition of a cornice; he would look
at the operational aspects of installing glazed
Minutes of the City Council
Moorpark, California Page 10 April 17, 2002
windows; recessed windows are possible; the planter
seating will be reconsidered; and the brick does
continue around the building to the west elevation.
In response to Councilmember Harper, Mr. DeWise stated
that there will be architectural lighting, especially
to light the tower, but there is a need to balance the
exterior lighting due to the adjacent residential
area.
In response to Mr. Kueny, Mr. DeWise stated that a
full brick veneer was not considered due to costs.
MOTION: Councilmember Harper moved and Councilmember Mikos
seconded a motion to approve the conceptual design and
schematic plans for the new fire station on High Street
with agreed upon modifications and requested that Mr.
DiCecco review the revised plans. The motion carried by
unanimous voice vote.
D. Consider Award of Contract for Desian of the Police
Services Center to WWC OT Architects, Inc. and adopt
Resolution No. 2002 -1964. Staff Recommendation: 1)
Award a contract to WWCOT Architects in the amount of
$505,000 and authorize the City Manager to execute
said contract; and 2) Adopt Resolution No. 2002 -1964,
amending, the FY 2001/2002 Budget, allocating $515,000
for the design of the Police Services Center. (ROLL
CALL VOTE REQUIRED)
Mr. Riley gave the staff report.
Gerald Goldstein, a Moorpark resident, stated that he
would like to see more information on the other
competing architects and their plans for the police
station.
Mr. Riley named the six architectural firms who
responded to the Request for Proposal and stated that
all of their proposals are available to the public for
review. The firm of Widom, Wein, Cohen, O'Leary, and
Terasawa (WWCOT) firm was selected as the top
candidate. He introduced Chester Widom and Andrea
Cohen, architects with WWCOT.
Councilmember Mikos invited the architects to address
the Council.
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Moorpark, California Page 11 April 17, 2002
Chester Widom, architect for WWCOT, 3130 Wilshire
Boulevard, Santa Monica, California, conveyed the
firm's excitement about working on this project. He
introduced Ms. Cohen.
In response to Councilmember Harper's request for a
description of what the architects have in mind for
the facility, Ms. Cohen stated that the team will be
going through a process of design, discovery, and
analysis to reach a conclusion. She indicated that
the design of the new fire station, city hall and this
police station will need to "talk to each other" as
the three new civic buildings will anchor this
historic core of the city along High Street.
Mr. Widom went on to describe the challenge of
balancing the design of the building to fit in
visually, and still make the statement that the police
services are a part of the 21St Century.
MOTION: Councilmember Harper moved and Councilmember
Mikos seconded a motion to: 1) Award a contract to WWCOT
Architects in the amount of $505,000 and authorize the City
Manager to execute said contract; and 2) Adopt Resolution
No. 2002 -1964, amending, the FY 2001/2002 Budget,
allocating $515,000 for the design of the Police Services
Center. The motion carried by unanimous roll call vote.
11. CONSENT CALENDAR:
MOTION: Councilmember Wozniak moved and Councilmember Harper
seconded a motion to approve the Consent Calendar with the
exception of Item 11.C., which was pulled for individual
consideration.
A. Consider Approval of Minutes of Regular Meeting of
October 3, 2001.
Staff Recommendation: Approve minutes as processed.
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Minutes of the City Council
Moorpark, California Page 12
0
ril 17, 2002
Consider Approval of Warrant Register for Fiscal Year
2001 -2002 - April 17, 2002.
Manual Warrants
Voided Warrants
Payroll Liability
Warrants
Regular Warrants
108732 - 108733 & $ 30,824.00
108950 - 108952 $ 27,818.85
$ - 0 -
108953 - 108961 $ 11,471.10
108962 - 109053 & $ 25,758.32
109054 - 109077 $452,001.06
Staff Recommendation: Approve the warrant register.
Consider a Resolution to Amend the City Budget to
Reflect the Total Final Costs for the Construction and
Landscaping of the Rock Fountain Art in Public Places
Project at Tierra Rejada and Mountain Trail. Staff
Recommendation: 1) Approve proposed dedication
language and budget amendment; and 2) adopt Resolution
No. 2002 -1965 amending the city budget. (ROLL CALL
VOTE REQUIRED)
The following item was pulled for individual consideration.
C. Consider Resolution to Support the Extension of
Operating Hours at the State Road 118 Highway
Inspection Station and Enhanced Traffic Enforcement on
SR 118 through Moorpark. Staff Recommendation: Adopt
Resolution No. 2002 -1966 and direct the City Clerk to
distribute copies to the appropriate governmental
authorities and officials.
Councilmember Mikos asked staff for clarification as
to whether the title of the Resolution for this item
should reflect the request to increase the hours. She
also asked whether the city is asking them to do an
application or support an application.
In response to Councilmember Mikos, Mr. Riley stated
that although staff has not seen the application, the
information received from the county and from the
California Highway Patrol, is that a new application
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Minutes of the City Council
Moorpark, California Paqe 13 April 17, 2002
is being prepared; the previous applications did not
include accident statistics and enforcement
information within the city's incorporated area; the
new application will probably include funding for
enhanced enforcement inside the city and outside the
city along the 118 corridor; and it is understood that
the County and California Highway Patrol will file the
application.
Councilmember Mikos stated that in the fourth recital
for consistency purposes, the Resolution should
include the percentages and numbers for each accident
statistic.
Councilmember Millhouse concurred with Councilmember
Mikos' comments regarding the title of the Resolution
and suggested adding the term "encouraging" along with
supporting the application and that at the end of the
Resolution title identify the Council's desire for
extending the operation hours.
MOTION: Councilmember Mikos moved and Councilmember
Wozniak seconded a motion to adopt Resolution No. 2002-
1966, as amended. The motion carried by unanimous voice
vote.
12. ORDINANCES:
None.
13. CLOSED SESSION:
Mr. Kueny stated that the Council would be going into
closed session to discuss Items 13.C. and 13.D.
MOTION Councilmember Harper moved and Councilmember Mikos
seconded a motion to recess to Closed Session to hear Items
13.C. and 13.D. The motion carried by unanimous voice vote.
The time was 8:20 p.m.
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 511 -0- 050 -080, Moorpark, CA 93021
Agency Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Monte L.
Abbath
Under Negotiation: Price and terms of payment
Minutes of the City Council
Moorpark, California Pane 14 April 17, 2002
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 511 -0- 050 -270, Moorpark, CA 93021
Agency Negotiator: Steven Kueny, City Manager
Negotiation Parties: The City of Moorpark and Colin -
Victoria Velazquez Trust
Under Negotiation: Price and terms of payment
AT THIS POINT in the meeting a recess was declared. The
time was 8:20 p.m. The City Council reconvened into Closed
Session at 8:48 p.m.
Present in Closed Session were Councilmembers Harper,
Mikos, Millhouse, and Wozniak, and Mayor Hunter; Steven
Kueny, City Manager; Hugh Riley, Assistant City Manager; and
Deborah Traffenstedt, Assistant to City Manager /City Clerk
and Acting Community Development Director.
The City Council reconvened into open session at 8:58 p.m.
Mr. Kueny stated that Items 13.C. and 13.D. were discussed
and that there was no action to report.
14. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 8:58 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
MINUTES OF THE CITY COUNCIL
Moorpark, California May 15, 2002
A Regular Meeting of the City Council of the City of Moorpark
was held on May 15, 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 7:10 p.m.
2. INVOCATION:
Pastor Paul Hatfield, from Cornerstone Community Church,
gave the invocation.
3. PLEDGE OF ALLEGIANCE:
City Manager Steven Kueny led the Pledge of Allegiance.
4. ROLL CALL:
Present: Councilmembers Harper, Mikos, Millhouse,
Wozniak, and Mayor Hunter.
Staff Present: Steven Kueny, City Manager, Hugh Riley,
Assistant City Manager; Ken Gilbert, Public
Works Director; Mary Lindley, Community
Services Director; Dana Shigley,
Administrative Services Director; Barry
Hogan, Community Development Director;
Walter Brown, City Engineer; Laura Stringer,
Senior Management Analyst; Deborah
Traffenstedt, Assistant to City Manager /City
Clerk and Blanca Garza, Deputy City Clerk
5. PROCLAMATIONS AND COMMENDATIONS:
A. Proclamation Acknowledging Public Works Week as May 19
through May 25, 2002.
Mayor Hunter read the proclamation and presented it to
Ken Gilbert, Director of Public Works.
Mr. Gilbert stated that it is good to recognize
something that is taken for granted, namely the
Minutes of the City Council
Moorpark, California Paqe 2
Mav 15, 2002
bridges, the roads, and the basic infrastructure that
allows us to have the quality of life we have.
B. Introduction of New Employee, Barry Hogan, Community
Development Director.
Mayor Hunter introduced Barry Hogan, Community
Development Director and welcomed him to the City's
staff.
C. Presentation of Certificates of Recognition to the
Moorpark High School Academic Decathlon Team and
Coaches.
Mayor Hunter introduced and presented Certificates of
Recognition to Mr. Larry Jones and each member of the
2002 Moorpark High School Academic Decathlon Team.
Mr. Jones introduced the members of the team and
highlighted the team's many accomplishments.
D. City Manager's Monthly Report.
Mr. Kueny introduced Walter Brown, City Engineer, who
gave the monthly report.
Mr. Brown provided an update on projects being built
in the city of Moorpark including Tract 4975 by
Greystone and William Lyons Homes; the almost complete
Tract 4976; Tract 4977 by Richmond American under
construction; Tract 4980 by Carlsberg Development in
build -out; Toll Brothers project with 30 homes under
construction; Tract 5045 by Pardee Homes entering plan
check; Tract 5161 by Cabrillo Economic Development
with lower cost housing in progress; Moorpark
Apartments nearly completed; and Adelphia Cable
company providing conduit enhancements to improve
services.
6. PUBLIC COMMENT:
Amado Reynoso, Moorpark resident, addressed the Council and
discussed his concerns regarding transportation impacts to
his Flory Avenue neighborhood created by the Colmer
Development.
Minutes of the City Council
Moorpark, California Paqe 3
Mav 15, 2002
Mayor Hunter replied to Mr. Reynoso's concerns by stating
that when the Council approved this project they were
responding to the overwhelming need for housing in the
community, especially at the lower income level.
AT THIS POINT in the meeting, the City Council recessed to
convene a meeting of the Moorpark Redevelopment Agency. The time
was 7:41 p.m. The City Council meeting reconvened at 7:45 p.m.
7. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
Councilmember Millhouse requested that Item 10.E. be moved
forward on the agenda to be heard first under
Presentation /Action /Discussion.
Councilmember Mikos requested that Item ll.H. be pulled
from the Consent Calendar for individual consideration.
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Mikos invited the public to contact her
through City Hall, if they wish to join in an eight mile
hike to the top of Big Mountain for a view of the Channel
Islands on Saturday, May 18, 2002, from 9:15 a.m. to 3:45
p.m.
Councilmember Millhouse announced the varsity finals of the
Ventura County Youth Track Conference to be held at
Moorpark High School at 8:30 a.m. on Saturday, May 18,
2002.
Councilmember Millhouse announced that on Monday, June 3,
2002, the Moorpark Community Football Golf Classic, which
benefits high school and youth football programs in
Moorpark, will be held at Wood Ranch Country Club in Simi
Valley, and those interested in attending may contact
Moorpark High School for more information.
9. PUBLIC HEARINGS:
None.
10. PRESENTATION /ACTION /DISCUSSION:
E. Consider City Co- sponsorship of the Moorpark Rotary
Club's Civil War Reenactment. Staff Recommendation:
Direct staff as deemed appropriate.
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Minutes of the City Council
Moorpark, California Page 4 May 15, 2002
AT THIS POINT in the meeting, Councilmember Millhouse
stated that he would abstain from consideration on this
item as he is a member of the Moorpark Rotary and wished to
avoid any perception of a conflict of interest. He left
the dais at 7:52 p.m.
Mayor Hunter gave a brief history of the success of
this event in the previous year .and its positive
reception by the community.
Mr. Kueny stated that the only concern staff would
have in co- sponsoring the event would be in the area
of liability due to the nature of the activity.
In response to Councilmember Harper, Mr. Kueny stated
that the Council would need to decide what dollar
amount of insurance coverage would be sufficient. He
also stated that in investigating the option of
Special Event insurance, pyrotechnics and cannons were
excluded.
Dale Parvin, Fundraising Chair for the Moorpark Rotary
Club's Civil War Reenactment, stated that he is not an
expert on the insurance issue. He went on to state
that he does not feel the city would be any more
liable than any other sponsor such as Kavlico, Chili's
or Card Service Center. Mr. Parvin described
community youth events that the Rotary sponsored last
year from the proceeds of the Civil War Reenactment.
He acknowledged the fact that the city may not be able
to contribute cash, but that it is hoped the city can
provide such things as message reader boards and
advertising space in the community quarterly
newsletter.
In response to Councilmember Harper, Mr. Parvin stated
he would look into the cost for obtaining additional
insurance coverage for the event. He also went on to
describe the potential income the community will
receive from the reenactors who patronize businesses
within the city during their stay in Moorpark.
CONSENSUS: It was the consensus of the Council to
direct staff to meet with Mr. Parvin to resolve the
1'3` 07 SO
Minutes of the City Council
Moorpark, California Page 5 May 15, 2002
insurance coverage questions and to reschedule this item
for the June 5, 2002, meeting.
AT THIS POINT in the meeting, Councilmember Millhouse
returned to the dais. The time was 8:01 p.m.
A. Consider Proposed Operating and Capital Improvements
Budgets for the Fiscal Year 2002/2003. Staff
Recommendation: Set budget workshop for May 22 or May
29, 2002.
Mr. Kueny presented the budget proposals and commented
that it appears, at this time, that the state is not
seeking to take property taxes from the city, but is
targeting the Redevelopment Agency in the amount of
$90,000 per year; and is not seeking to divert the
vehicle license fees from the cities and counties.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
A discussion among the Councilmembers followed
regarding scheduling the date and time for the budget
workshop.
CONSENSUS: It was the consensus of the Council to set
the budget workshop to be held at 6:30 p.m. on May 22,
2002, and if a continuance is necessary to set the date for
May 29, 2002.
B. Consider Scheduling of the Summer Meeting Recess.
Staff Recommendation: Direct staff to post a notice of
meeting cancellation for the July 3 and August 7,
2002, regular meetings.
Ms. Traffenstedt presented the staff report.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
MOTION: Councilmember Mikos moved and Councilmember
Harper seconded a motion to direct staff to post a notice
of meeting cancellation for the July 3 and August 7, 2002
City Council meetings. The motion passed by unanimous
voice vote.
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Minutes of the City Council
Moorpark, California Page 6
Mav 15, 2002
C. Consider Engineer's Report for Landscaping and Lighting
Maintenance Assessment Districts for Fiscal Year
2002/2003. Staff Recommendations: 1) Adopt Resolution
No. 2002 -1972 approving the Engineer's Report and
setting June 5, 2002, as the date of a public hearing to
consider the levy of assessments for FY 2002/2003; 2)
Direct staff to initiate efforts necessary for the City
Council to consider formation of a new Citywide
Landscaping and Lighting Assessment District which, if
approved, would become effective for FY 2003/2004.
Mr. Gilbert gave the staff report.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
In response to Councilmember Mikos, Mr. Gilbert
clarified that if the Council passes this resolution it
approves the Engineer's Report and sets the date for the
hearing to consider the levy of assessments. He stated
that the second part of the recommendation would not be
discussed at the June hearing, and is only seeking
direction on whether or not formation of a new
Assessment District is a viable way of enhancing
revenues to cope with the problem.
MOTION: Councilmember Harper moved and Councilmember
Mikos seconded a motion to: 1) Adopt Resolution No. 2002-
1972 approving the Engineer's Report and setting June 5,
2002, as the date of a public hearing to consider the levy
of assessments for FY 2002/2003; 2) Direct staff to
initiate efforts necessary for the City Council to consider
formation of a new Citywide Landscaping and Lighting
Assessment District, which will become effective for FY
2003/2004. The motion carried by unanimous voice vote.
D. Consider Establishment of a Parkina In -Lieu Fee for
the Downtown Area. Staff Recommendation: 1) Approve
the concept of a Parking In -Lieu Fee for the Downtown
Area as described in the agenda report; and 2) Direct
staff to provide the required notices, and to
advertise a public hearing on June 5, 2002, for the
establishment by resolution of a Parking In -lieu Fee
for the Downtown Area.
Mr. Riley gave the staff report.
0.3'3 ®i:'7
Minutes of the City Council
Moorpark, California Page 7
Mav 15, 2002
In response to Councilmember Mikos, Mr. Riley stated
that currently there is no fixed or in -lieu fee for
new businesses in the Downtown Area. He indicated
that the city handles these on a case by case basis,
at the time of Development Permit approval, for
whatever parking can be provided, either on or
offsite. Mr. Riley stated that this proposal allows
for a financing mechanism to make contributions
towards public parking that supports the whole area.
In response to Councilmember Mikos, Mr. Riley stated
that staff is asking the Council to establish the
concept and the amount of the fee.
In response to Councilmember Harper, Mr. Riley
indicated that the $3,000 per parking space is an
average cost and does not specifically address
handicapped parking.
In response to Councilmember Millhouse, Mr. Riley
clarified that this proposal pertains to new business
coming into the Downtown Area where there is not
enough space on site to develop parking and to
existing businesses, which want to expand. He stated
that sites for parking construction have already been
identified.
In response to Councilmember Millhouse's concerns that
the dollar amount of the parking in -lieu fee will
discourage new businesses from coming into the
Downtown Area, Mr. Kueny stated that there are several
options available and that this proposal is an
incentive for the businesses.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
MOTION: Councilmember Mikos moved and Councilmember
Harper seconded a motion to: 1) Approve the concept of a
Parking In -Lieu Fee for the Downtown Area as described in
the agenda report; and 2) Direct staff to provide the
required notices, and to advertise a public hearing on June
5, 2002, for the establishment by resolution of a Parking
In -lieu Fee for the Downtown Area. The motion passed by
unanimous voice vote.
Minutes of the City Council
Moorpark, California Paqe 8 May 15, 2002
11. CONSENT CALENDAR:
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to approve the Consent Calendar with the
exception of Item ll.H. The motion carried by unanimous roll
call vote.
A. Consider Approval of Warrant Register for Fiscal Year
2001 -2002 - May 15, 2002.
Manual Warrants
Voided Warrants
Payroll Liability
Warrants
109239 - 109251 $ 33,369.82
109243 - 109244 & $ - 0 -
109358
109379 - 109386 $ 11,450.89
Regular Warrants 109252 - 109354 & $ 26,924.30
109355 - 109378 $976,657.15
Staff Recommendation: Approve the warrant register.
B. Consider Second Addendum to Memorandum of Aareement
(MOA) with Service Employees International Union AFL -
CIO, CLC Local 998 Pertaining to July 3 or July 5 and
December 31 Holidays. Staff Recommendation: Authorize
the City Manager to approve the Second Addendum to the
MOA with the final language to be approved by the City
Manager.
C. Consider Park Rental Fee Waiver for Ventura County
Special Olympics. Staff Recommendation: Approve
Ventura County Special Olympics' request for a park
rental fee waiver.
D. Consider Quarterly Treasurer's Report. Staff
Recommendation: Receive and file Quarterly Treasurer's
Report.
E. Consider Authorizing Recordation of the Notice of
Completion for the Construction of the Arroyo Vista
Community Park (AVCP) Phase II Restroom Utility
Project. Staff Recommendation: 1) Accept the work as
complete and authorize the City Clerk to file the
Notice of Completion for the project; 2) Authorize the
release of the balance of payment, due upon
Minutes of the City Council
Moorpark, California Paqe 9
Mav 15, 2002
satisfactory clearance and thirty -five (35) days after
Notice of Completion records and completion of close-
out contractual obligations on the part of the
contractor.
F. Consider Purchase of Microsoft Office Upgrades for All
Users. Staff Recommendation: Adopt Resolution No.
2002 -1973, amending the 2001/2002 fiscal year budget
to provide $18,000 for the purchase of software
upgrades.
G. Consider a Resolution Rescinding Resoli
1918 and Adopting Revised Engineerin(
Standards to Add Provisions Pertaining
Index; 2) Use of Steel Plates; and 3)
Name Signs. Staff Recommendation: Adopt
2002 -1974.
ztion No. 2001 -
Policies and
to 1) Traffic
Advance Street
Resolution No.
The following item was pulled for individual consideration:
H. Right -of -Way Acquisition for Los Angeles Avenue Widening
Projects. Staff Recommendation: Authorize the City
Manager to execute documents related to the acquisition
of certain street rights -of -way and related property
rights required to construct the projects described in
this agenda report.
Councilmember Mikos stated that she wanted to bring this
item to the attention of the public so that they are
made aware that the widening and improvement of Los
Angeles Avenue is going to begin.
MOTION: Councilmember Mikos moved and Councilmember Harper
seconded a motion to: 1) Authorize the City Manager to
execute documents related to the acquisition of certain
street rights -of -way and related property rights required to
construct the projects described in this agenda report. The
motion carried by unanimous voice vote.
12. ORDINANCES:
A. Consider Ordinance 280, an Ordinance Amending Sections
8119 -5.4 and 8119 -6.5 of Ordinance No. 195 "Carlsberg
Specific Plan Land Use Regulations" Related to Site
Development Standards in the Sub - Regional Retail/
Commercial and Business Park Zones of the Carlsberg
ID �' C, 0�0
Minutes of the City Council
Moorpark, California Page 10 May 15, 2002
Specific Plan. Staff Recommendation: Declare Ordinance
No. 280 read for the second time and adopted as read.
Ms. Traffenstedt read the ordinance title.
Ms. Traffenstedt indicated that a motion would be in
order to waive further reading of Ordinance No. 280.
MOTION: Councilmember Wozniak moved and Councilmember
Harper seconded a motion to waive further reading of
Ordinance No. 280. The motion carried by unanimous voice
vote.
Ms. Traffenstedt indicated
order to declare Ordinance
time and adopted as read.
that a motion would be in
No. 280 read for the second
MOTION: Councilmember Wozniak moved and Councilmember
Harper seconded a motion to declare Ordinance No. 280 read
for the second time and adopted as read. The motion
carried by unanimous voice vote.
B. Consider Ordinance 281, an Ordinance Approving Zone
Change (ZC) No. 2001 -01 to Change the Zoning
Designation from R -2 (Two Family Residential) To RPD
(Residential Planned Development) 9 Dwelling
Units /Acre on One Parcel (APN 512 -0 -110 -112) Totaling
Approximately 2.44 Gross Acres of Land Located on the
Northeast Corner of Los Angeles Avenue and Flory
Street, on the Application of Colmer Development
Company. Staff Recommendation: Declare Ordinance No.
281 read for the second time and adopted as read.
Ms. Traffenstedt read the ordinance title.
Ms. Traffenstedt indicated that a motion would be in
order to waive further reading of Ordinance No. 281.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to waive further reading of
Ordinance No. 281. The motion carried by unanimous voice
vote.
Ms. Traffenstedt indicated that a motion would be in
order to declare Ordinance No. 281 read for the second
time and adopted as read.
Minutes of the City Council
Moorpark, California Paqe 11 May 15, 2002
MOTION: Councilmember Wozniak moved and Councilmember
Harper seconded a motion to declare Ordinance No. 281 read
for the second time and adopted as read. The motion
carried by unanimous voice vote.
13. CLOSED SESSION:
None was held.
14. ADJOURNMENT:
Councilmember Mikos moved and Councilmember Harper seconded
a motion to adjourn. The motion carried by unanimous voice
vote. The time was 8:24 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk