HomeMy WebLinkAboutAGENDA REPORT 2003 0521 CC REG ITEM 10AMINUTES OF THE CITY COUNCIL
E'Y'; __.__._._ -- Moorpark, Cali -fornia
ITEM 10. A •
June 19, 2002
A Regular Meeting of the City Council of the City of Moorpark
was held on June 19, 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 6:46 p.m.
2. INVOCATION:
Pastor Tony Amatangelo, from Live Spring Community Church,
gave the invocation.
3. PLEDGE OF ALLEGIANCE:
Barry Hogan, Community Development Director, 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;
Captain Robert LeMay, Sheriff's Department;
Julie C.T. Hernandez,
Senior Management
Analyst; Nancy Burns,
Senior Management
Analyst; John Brand,
Senior Management
Analyst; Kim Chudoba,
Senior Management
Analyst; David Bobardt,
Planning Manager;
Scott Wolfe, Principal
Planner; Deborah
Traffenstedt, Assistant to City Manager /City
Clerk; and Blanca Garza,
Deputy City Clerk.
5. PROCLAMATIONS
AND COMMENDATIONS:
A. Introduction of New Employee, Scott
Wolfe, Principal
Planner.
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June 19, 2002
Mayor Hunter introduced Scott Wolfe, Principal Planner
in the Community Development Department and welcomed
him to the city staff.
Mr. Wolfe thanked the Council and spoke about looking
forward to working for the city of Moorpark and its
citizens.
B. Proclamation Proclaiming July 2002 as "Stay and Play
in Ventura County."
Mayor Hunter presented the Proclamation to Janelle
Huff, President of the Economic Development
Collaborative of Ventura County and Ed Robings, Chair,
of the Tourism Collaborative of Ventura County.
Ms. Huff thanked the Council for supporting efforts to
promote awareness about tourism and hospitality venues
in the county.
Mr. Robings thanked Julie Hernandez, Senior Management
Analyst, for her active membership on the Steering
Committee and on the Board of the Ventura County
Tourism Collaborative. He stated that Moorpark will
be featured in an article in the Insider, written by
Debbie Ryono, where she provides a description of a
walking tour including buildings of note, such as
Moorpark's Theatre On High Street, Whitaker Hardware,
the train depot, Secret Garden, the Wardlow building,
Kahoots, and the Moorpark Community Church.
C. City Manager's Monthly Report.
Mr. Kueny introduced Captain Bob LeMay who gave the
monthly report.
Captain LeMay discussed the distribution of the Annual
Report for the police department, highlighting the
past year's events including: working with the Grand
Jury to correct deficiencies in the police station
building; personnel changes; the Moorpark Rotary
Officer of the year; a 10 -week parent training course;
fingerprinting of over 100 children; traffic and
parking enforcement; directed traffic enforcement
related specifically to speeding and truck traffic
within the city; traffic accident statistics
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throughout the city; student contacts on school
campuses relating to crimes; and arrest statistics.
6. PUBLIC COMMENT:
Margarita Riley, representing the Moorpark Arts Commission,
addressed the Council requesting a waiver on the rental fee
for the Apricot Room so that she could provide dance
lessons to the youth in the community over the summer
school break.
Mayor Hunter recommended that Ms. Riley contact the City
Manager regarding putting her request on a future agenda,
since the Council would be unable to act on her request at
this meeting.
Daanish Arasto, Naseem Arastu, Doreen Bennett, Mark
Carroll, Rick Hansen, Bassim (Sam) Hijaz, David Jacobs,
Patrick Leyden, Mark Nizdil, Melissa Nizdil, Yvette
Palmquist, Ashok Patel, Mike Patel, Prem Patel, and Alan
Trimble, current or future Moorpark residents purchasing
homes in the Toll Brothers Country Club Estates development
in Moorpark, spoke about their overall concern regarding
delay in being able to occupy their new homes; opposition
to relocation of fencing to the top of the slope, which
will obstruct views and reduce rear yard set backs;
restrictions on any changes to the drainage for their lot;
and opposition to elimination of citrus and avocado trees.
They asked for explanations for the fence and landscape
plan changes and requested that the elected officials come
to some reasonable conclusions to resolve the issues. They
offered suggestions such as having the Homeowners
Association accept maintenance responsibility for slopes
containing citrus and avocado trees and allowing fencing
below the top of slope, such as what was allowed for homes
already constructed along Grimes Canyon Road.
Gerald Goldstein, a Moorpark resident, spoke about his
opposition to enforced cleanup activities at his home; the
placement of fencing on his western property line by
neighbors to his east; the subsequent construction of a
horse coral within 20 -feet of his window.
In response to Mayor Hunter, Mr. Kueny stated that staff is
prepared to bring to the City Council, on July 17, 2002,
modifications to the Toll Brothers project that need to be
addressed prior to occupancy of the homes. He stated that:
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Moorpark, California Paqe 4 June 19, 2002
citrus and avocado trees were never approved by the city,
although the developer claims they received verbal approval
from the former Community Development Director; these
agricultural trees are contrary to the General Plan, which
requires a 200 -foot buffer between agricultural use and
residential use; the first phase of lot lines were recorded
contrary to the approved Tentative Tract Map, since lot
lines that were approved at the top of the slope on the
Tentative Tract Map were then revised in the Final Map to
be located approximately 10 feet below the top of slope;
fencing may or may not be at lot lines, since the fencing
plan has not yet been approved; and he stated that these
issues will be dealt with in the staff report and the
public record examined for what he hopes will resolve
discrepancies to everyone's satisfaction.
In response to Mayor Hunter, Mr. Kueny stated that new
information indicates that Caltrans has ordered a work
stoppage on the project due to a delay in the connection of
Championship Drive to Walnut Canyon Road; there is also an
issue of improvements needed at the Grimes Canyon and Los
Angeles Avenue intersection prior to occupancy; and there
are no issues that would prevent occupancy for homes
already constructed and purchased beyond late July. He
went on to state that the last city directed work stoppage
occurred when the fencing was installed without an approved
fence plan.
In response to Mayor Hunter, Mr. Brown confirmed that there
has been no onsite construction stoppage.
In response to Mayor Hunter, Mr. Kueny stated that the only
enforcement issue the City has directed is for the removal
of several hundred citrus and avocado trees, which is to be
accomplished before the July 17, 2002, deadline.
In response to Councilmember Harper, Ms. Traffenstedt
stated that the applicant had installed much of the
landscaping without an approved Landscape Plan; they were
directed to submit all landscape plans to the City for
review by the contract landscape architect; the
citrus /avocado orchards under dispute, were excluded from
the plans, as they were viewed to be inconsistent with the
City's Landscape Guidelines for erosion control and slope
failure prevention.
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June 19, 2002
In response to Councilmember Harper, Mr. Kueny stated that
after the Final Map was recorded, it appears that it was
not a priority for Toll Brothers to submit the Landscape
Plan for approval.
In response to Mayor Hunter, Mr. Hogan stated that Toll
Brothers has recently filed a Landscape Plan.
Councilmember Millhouse empathized with the residents'
confusion and distress over the relocation of the fencing;
expressed his disappointment and frustration with Toll
Brothers for creating this situation; and indicated that it
is difficult to resolve the problem since the subject is
not on the agenda.
Councilmember Mikos stated there is nothing further that
can be done at this meeting; and that staff will keep the
Council informed.
Councilmember Wozniak stated that this project needs to
move forward without dwelling on past history of how these
issues were created; he has a major concern regarding the
condition of approval on the project for construction of
Grimes Canyon Road and Los Angeles Avenue, which is tied to
First Occupancy Permits and for which the applicant is
going to apply for a four -year time extension on July 17,
2002; he is also concerned about a one -year time extension
the applicant will be requesting for construction of the 9-
hole golf course; and he recommends that the homebuyers
apply pressure on Toll Brothers to disclose the true
situation regarding the construction of this development.
MOTION: Mayor Hunter moved and Councilmember Harper seconded a
motion to add this matter to this agenda as Item 10.D. under
Presentation /Action /Discussion, with the finding that the need
for action came to the attention of the City Council subsequent
to the agenda being posted, specific actions are required before
the City Council's next meeting, and Item 10.D. would be heard
at this time. The motion carried by unanimous voice vote.
MOTION: Councilmember Millhouse moved and Councilmember Wozniak
seconded a motion to direct staff to not require removal of the
citrus /avocado trees in the Toll Brothers development until this
issue could be resolved at the City Council meeting on July 17,
2002.
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June 19, 2002
A discussion followed between Council and staff regarding
whether or not to amend the motion to include language for
no abatement action on the perimeter fencing and groves as
they exist now.
MOTION TO AMEND: Councilmember Millhouse amended his motion and
Councilmember Wozniak seconded the amended motion to authorize
staff to leave the existing citrus and avocado tree landscaping
and existing fencing in the Toll Brothers development in their
current location until a decision is made at the July 17, 2002,
City Council meeting.
In response to Councilmember Mikos, Mr. Kueny stated that
staff will make a recommendation on July 17th to address
concerns associated with Grimes Canyon Road /Los Angeles
Avenue; occupancy permits; and enforcement issues with Toll
Brothers.
Mayor Hunter requested staff to include in their analysis,
other enforcement actions contemplated by any other public
agencies, such as Caltrans and the County of Ventura.
The amended motion carried by unanimous voice vote.
AT THIS POINT in the meeting, the City Council recessed to
convene a meeting of the Moorpark Redevelopment Agency. The
time was 7:55 p.m. The City Council meeting reconvened at 7:58
p.m.
7. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
Mayor Hunter requested that Item ll.F. be pulled from the
Consent Calendar, and be discussed next, due to the number
of attendees in the audience for this item.
CONSENSUS: It was the consensus of the Council to pull
Item 11.F. from the Consent Calendar and discuss this item
at this point in the agenda.
11. CONSENT CALENDAR:
F. Consider Request by Roam'N Relics Car Club to Hold Car
Show on October 27, 2002, from 8 a.m. to 3 p.m. on
High Street and to Reduce City Fees for the Event.
Staff Recommendation: 1) Waive fee for use of
Redevelopment Agency property, charge Club the
contract billing rate for police charged by the
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June 19, 2002
County, and charge Club the direct cost of other staff
to plan the event; 2) Require Club to pay an
encroachment permit fee ($100) and a temporary special
use permit fee ($88); and 3) Require Club to provide
the City and Agency with an indemnification agreement
and name the City and Agency as additional insured on
the Club's insurance policy.
Mayor Hunter stated that he pulled this item, not for
discussion, but to expedite the request, as this event
has been held in the City for many years and he would
like it to continue.
MOTION: Mayor Hunter moved and Councilmember Mikos
seconded a motion to: 1) Waive the fee for use of
Redevelopment Agency property, charge Roam'N Relics Car
Club the contract billing rate for police charged by the
County, and charge Roam'N Relics Car Club the direct cost
of other staff to plan the event; 2) Require Roam'N Relics
Car Club to pay an encroachment permit fee ($100) and a
temporary special use permit fee ($88); and 3) Require
Roam'N Relics Car Club to provide the City and Agency with
an indemnification agreement and name the City and Agency
as additional insured on the Roam'N Relics Car Club's
insurance policy. The motion carried by unanimous voice
vote.
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Mikos requested an update on the Arts
Committee either at a future meeting or as a Box Item.
Councilmember Mikos requested a future agenda item
pertaining to relocation of the Catholic Charities office.
Councilmember
possibility of
Moorpark.
Councilmember
to July 17,
Communications
situation will
of Moorpark.
Harper requested a report regarding the
using traffic signal cameras in the city of
Millhouse requested a Box Item report prior
2002, to address the possible Adelphia
bankruptcy and the impact their financial
have on the service they provide to the city
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9. PUBLIC HEARING:
A. Consider Establishing a Parking In -Lieu Fee for the
Downtown Area (C -OT Zone). Staff Recommendation: 1)
Conduct a Public Hearing to consider the establishment
of a Parking In -Lieu Fee as described in the staff
report; 2) Adopt Resolution No. 2002 -1982,
establishing a Parking In -Lieu Fee for the Commercial
Old -Town Zone; 3) Direct staff to schedule a
subsequent Public Hearing for considering
establishment of a Parking In -Lieu Fee for other
commercial zoned properties (may include C -0, C -1, and
CPD Zones) within the Downtown Specific Plan Overlay
Zone; and 4) Direct the Planning Commission to study
amendment of the definition of "Downtown Area" in
Chapter 17.40, Sign Requirements, as part of the sign
code amendments already initiated.
Mr. Riley gave the staff report.
Mayor Hunter opened the public hearing.
Dick Wardlow, Insurance Broker,
Moorpark, applauded Council's of
parking along High Street. He
regarding the piecemeal development
the railroad and impacts on the
Plan; what circumstances would a
funds set aside for development o
233 High Street,
forts to promote
expressed concerns
of land bordering
Master Development
llow diversion of
parking to other
projects; and whether there are any City or
Redevelopment fees set aside to implement the Master
Development Plan.
In response to Mayor Hunter, Mr. Riley stated that
the City has offered the theatre owner on High Street
a temporary lease while a project is designed for
permanent parking across the intersection on the south
of side of High Street; the temporary lease is to
allow the theater owner to move forward while the
permanent parking, which will not be piecemeal, is
designed and constructed; and that the diversion of
funds is governed by the same law which imposes that
the fee income be set aside to implement the Master
Development Plan.
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Moorpark, California Paqe 9 June 19, 2002
Mayor Hunter cited
example of how it
prescribed by law, to
Item 9.D.
takes
change
on the agenda as
an act of Council,
fee income allocation.
an
as
In response to Councilmember Mikos, Mr. Riley stated
that the City has the flexibility to move the
temporary parking when the permanent parking is
established, or to allow the temporary parking to
remain if there is still room available; collect the
fee for permanent parking; and encourage new
development to construct parking for use by all the
businesses.
Mayor Hunter closed the public hearing.
MOTION: Councilmember Mikos moved and Councilmember
Wozniak seconded a motion to: 1) Adopt Resolution No.
2002 -1982, establishing a Parking In -Lieu Fee for the
Commercial Old -Town Zone; 2) Direct staff to schedule a
subsequent Public Hearing for considering establishment of
a Parking In -Lieu Fee for other commercial zoned properties
(may include C -0, C -1, and CPD Zones) within the Downtown
Specific Plan Overlay Zone; and 3) Direct the Planning
Commission to study amendment of the definition of
"Downtown Area" in Chapter 17.40, Sign Requirements, as
part of the sign code amendments already initiated. The
motion carried by unanimous voice vote.
B. Consider Resolution Approving the Final Assessment
Engineer's Report for the Park and Recreation
Maintenance and Improvement Assessment District and
Confirming the Levy for Fiscal Year 2002/2003. Staff
Recommendation: 1) Open the Public Hearing, receive
testimony, and close the Public Hearing; 2) Approve
the Engineer's Report; and 3) Adopt Resolution No.
2002 -1983, confirming the assessment for the Parks and
Recreation Maintenance and Improvement District for
Fiscal Year 2002/03.
Ms. Lindley gave the staff report.
In response to Councilmember Mikos, Ms. Lindley
clarified that the fee amount for next year would be
$42.20 per single - family unit.
Mayor Hunter opened the public hearing.
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Moorpark, California Paae 10 June 19, 2002
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
Mayor Hunter closed the public hearing.
MOTION: Councilmember Millhouse moved and Councilmember
Harper seconded a motion to: 1) Approve the Engineer's
Report; and 2) Adopt Resolution No. 2002 -1983, confirming
the assessment for the Parks and Recreation Maintenance and
Improvement District for Fiscal Year 2002/03. The motion
carried by unanimous voice vote.
C. Consider Ordinance Rescinding Ordinance No. 244 that
Established Development Standards and Zones for the
Hidden Creek Ranch Specific Plan (Specific Plan 8/
Specific Plan 93 -1) . Staff Recommendation: 1) Open the
Public Hearing, accept testimony, and close the Public
Hearing; and 2) Introduce Ordinance No. 282 for first
reading.
Mr. Bobardt gave the staff report.
Mayor Hunter opened the public hearing.
Russ Baggerly, Environmental Coalition of Ventura
County, P.O. Box 68, Ventura, spoke in favor of
rescinding Ordinance No. 244 to bring the General Plan
and Zoning Ordinance into compliance with State
Planning Laws and with the voting electorate.
Dawn Mortara, a Moorpark resident, representing the
Moorpark Branch of the Environmental Coalition, spoke
in support of staff's recommendation to rescind
Ordinance No. 244 since the Hidden Creek proposal did
not go forward.
Mayor Hunter closed the public hearing.
Councilmember Mikos stated that it has been over three
years since the electorate voted in favor of Measure S
and against Measure T and she is glad the Ordinance
will finally be rescinded.
Ms. Traffenstedt read the title of Ordinance No. 282.
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June 19, 2002
MOTION: Councilmember Mikos moved and Councilmember Harper
seconded a motion to waiver further reading of Ordinance
No. 282. The motion carried by unanimous voice vote.
MOTION: Councilmember Mikos moved and Councilmember Harper
seconded a motion to Introduce Ordinance No. 282 for first
reading. The motion carried by unanimous voice vote.
D. Consider First Reading of an Ordinance Amending the
City of Moorpark Library Facilities Fee and
Establishing a Public Hearing Date. Staff
Recommendation: 1) Introduce for first reading
Ordinance No. 283, amending the Moorpark Municipal
Code Section 3.36.200 (Library Facilities Fee -
Definitions) to amend the definition of "Library
Facilities "; and 2) Direct staff to provide the
required notices, and to advertise a Public Hearing on
July 17, 2002, to receive testimony and conduct a
second reading for adoption of Ordinance No. 283.
Ms. Lindley gave the staff report.
Councilmember Mikos stated her support and clarified
that funds collected prior to this Ordinance will
remain allocated for the previous uses and new funds
collected after the passage of this Ordinance would be
allowed to be used for the full range of uses
including those from before.
Mayor Hunter stated his support for this fund which
has collected over $185,000 to date, and which under
the old Ordinance, could only be spent on a narrow
range of items.
Mayor Hunter opened the public hearing.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
Mayor Hunter closed the public hearing.
Ms. Traffenstedt read the title of Ordinance No. 283.
MOTION: Councilmember Harper moved and Councilmember Mikos
seconded a motion to waiver further reading of Ordinance
No. 283. The motion carried by unanimous voice vote.
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MOTION: Councilmember Harper moved and Councilmember Mikos
seconded a motion to: 1) Introduce Ordinance No. 283 for
first reading; and 2) Direct staff to provide the required
notices, and to advertise a Public Hearing on July 17,
2002, to receive testimony and conduct a second reading for
adoption of Ordinance No. 283. The motion carried by
unanimous voice vote.
10. PRESENTATION /ACTION /DISCUSSION:
A. Consider City Co-
Club's Civil War
Council Meeting
Recommendation: 1)
Authorize staff to
agenda report.
ponsorship of the Moorpark Rotary
Reenactment. (Continued from City
of June 5, 2002.) Staff
Decline co- sponsorship; and 2)
implement Options 1 and 2 in the
AT THIS POINT in the meeting Councilmember Millhouse left
the dais, stating that as a member of Rotary, he would
abstain from consideration of this matter due to the
potential for a conflict of interest. The time was 8:23
p.m.
Mr. Kueny gave the staff report.
In response to Councilmember Mikos, Ms. Traffenstedt
stated that: the city's insurance carrier does not
recommend nor exclude pyrotechnic co- sponsorship; the
city's insurance coverage through Joint Powers
Insurance Authority (JPIA) is five- to six - million
dollars, along with umbrella coverage of up to 50-
million dollars; and the JPIA wants to see that the
event sponsor, along with the company staging the
pyrotechnic event, have insurance in place.
In response to Councilmember Harper, Mr. Kueny stated
that the city could assist financially without
becoming co- sponsors of the event by making a non-
specific donation.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
Mr. Kueny concurred with Mayor Hunter, that it would
be more economical to assist the Rotary in publicizing
the event by allowing them to post temporary signs,
placing an advertisement in the City's Quarterly
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Minutes of the City Council
Moorpark, California Page 13 June 19, 2002
Newsletter at no cost, and that he did not believe the
Rotary was looking for a loan, which would need to be
repaid.
Mayor Hunter stated that this event is a benefit to
the community from both social and historical aspects.
He asked Dale Parvin to come to the podium.
Councilmember Harper stated that if this encourages
other organizations to perform similarly for the
benefit of the community, it is well worth the effort.
Dale Parvin, representing the Moorpark Rotary Club,
stated that they are not seeking seed money, but would
find the advertising helpful, especially the Marquee
to be used to state the time and location of the
event.
In response to Mayor Hunter, Mr. Parvin concurred that
if the city made the Marquee sign available, placed a
full page advertisement in the city's quarterly
magazine, allowed signs or banners around the
community, and provided some seed money to use for
non -local advertisement, it would be outstanding
support.
Mr. Parvin concurred with Councilmember Mikos'
suggestion that to broadcast the event on the local
cable channel would be a valuable educational
experience.
Mr. Kueny cautioned that it would be advisable to
consult the City Attorney regarding use of the
government channel. He stated that staff will follow
the Council's direction.
Councilmember Mikos stated that she was in favor of
supporting the event as outlined, but without official
sponsorship to protect the City from any liability due
to the dangerous activity.
In response to Councilmember Mikos, Mr. Parvin stated
that the July 3rd Fireworks sponsored by the City are
much more dangerous than the Civil War Reenactment
where charges are set off to blow up small pieces of
peat moss.
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Minutes of the City Council
Moorpark, California Page 14 June 19, 2002
In response to Councilmember Harper, Mr. Kueny stated
that a modest amount of seed money the Council
recommends would have to come out of the General Fund
Reserve.
MOTION: Councilmember Harper moved and Councilmember Mikos
seconded a motion to approve the staff report, as amended
to include a Budget Allocation from an account to be
determined by the City Manager for $5,000 to the Rotary to
publicize the event, and directed staff to investigate
playing a video tape of the event on Channel 10 or 8. The
motion carried by roll call vote 4 -0, Councilmember
Millhouse absent.
In response to Mayor Hunter, Mr. Parvin announced the
dates of the event to be November 2nd and 3rd at Tierra
Rejada Ranch on Moorpark Road.
AT THIS POINT in the meeting, Councilmember Millhouse
returned to the dais. The time was 8:43 p.m.
B. Consider Mission Statement, Priorities, Goals, and
Objectives for Fiscal Year 2002/2003. (Continued from
City Council Meeting of June 5, 2002.) Staff
Recommendation: Approve Mission Statement, Priorities,
Goals and Objectives.
Mr. Kueny gave the staff report.
Councilmember Mikos recommended correcting number
references to objectives in the Top Ten Priorities;
revising Priority No. 6 to add language regarding
developing brochures and also have this information on
the City's Home Page; adding potential objective No.
33., regarding a secondary access to Arroyo Vista
Park, as a second clause to Top Ten Objective No. 7;
and adding East Los Angeles Avenue improvements to the
list of Top Ten Priorities.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
MOTION: Councilmember Mikos moved to approve Mission
Statement, Priorities, Goals and Objectives as amended by
her recommendations.
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June 19, 2002
Councilmember Harper stated that although the
improvements to Los Angeles Avenue (East) to Condor
Drive are important, he is not in agreement with
adding Departmental Goal and Objective No. C.5. to the
Top Ten, given that the volume of traffic on that
section of roadway, is low in comparison to other
roads within the city.
Mayor Hunter confirmed that staff had made note of the
additions and corrections to the document.
MOTION TO AMEND: Councilmember Mikos amended her
motion and Councilmember Harper seconded the amended
motion to adopt the Mission Statement, Priorities,
Goals and Objectives, correcting number references to
Objectives within the Top Ten Priorities; revising
Priority No. 6 to add language regarding developing
brochures and also have this information on the City's
Home Page; and adding potential objective No. 33.,
regarding a secondary access to Arroyo Vista Park, as
a second clause to Top Ten Objective No. 7 The motion
carried by unanimous voice vote.
C. Consider Recommendation of Ad -Hoc Committee on Open
Space, Conservation, and Recreation (OSCAR) Element of
the General Plan. Staff Recommendation: Accept the
OSCAR Element Ad -Hoc Committee recommendation to delay
consideration of the Element until after a decision is
made on the North Park Village project by the voters
of Moorpark.
Mr. Bobardt gave the staff report. He modified the
verbiage for the recommendation to read: "...until
resolution of the North Park Village project ", since
it is not known whether the project will go to the
voters.
Councilmember Mikos, a member of the Ad Hoc Committee
on Open Space, Conservation, and Recreation (OSCAR)
Element of the General Plan, concurred with the
modification to the recommendation.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
MOTION: Councilmember Wozniak and Councilmember Harper
seconded a motion to accept the OSCAR Element Ad -Hoc
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Moorpark, California Paqe 16
June 19, 2002
Committee recommendation, as amended, to delay
consideration of the Element until resolution of the North
Park Village project. The motion carried by unanimous
voice vote.
11. CONSENT CALENDAR:
MOTION: Councilmember Harper moved and Councilmember Mikos
seconded a motion to approve the Consent Calendar with the
exception of Item ll.F., which was pulled and reordered to
be taken prior to Public Hearings. The motion carried by
unanimous roll call vote.
A. Consider Approval of Minutes of Regular Meeting of
September 19, 2001.
Consider Approval of Minutes of Special Meeting of Ma
15, 2002.
Consider Approval of Minutes of Special Meeting of Ma
22, 2002.
Staff Recommendation: Approve minutes as processed.
B. Consider Approval of Warrant Register for Fiscal Year
2001 -2002 - June 19, 2002.
Manual Warrants 109618 - 109623 & $ 26,906.37
109632 - 109635 $170,313.11
Voided Warrants
109529 &
109647
$
( 227.84)
Payroll Liability
109624 -
109631
$
12,078.90
Warrants
Regular Warrants
109636 -
109707 &
$
18,971.87
109708 -
109728
$344,891.44
Staff Recommendation: Approve
the warrant
register.
C. Consider an Agreement between the City of Moorpark and
the County of Ventura and an Agreement between the
City of Moorpark and AirPhotoUSA, Pertaining to the
Acquisition and Use of Aerial Imagery. Staff
Recommendation: Approve the Agreements, subject to
final language approval by the City Manager and City
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Minutes of the City Council
Moorpark, California Paqe 17
June 19, 2002
Attorney, and authorize the City Manager to execute
same.
D. Consider Amendment to Agreement No. 96 -07 Pertaining
to the Placement and Maintenance of a Temporary
Traffic Signal at the Intersection of (Old) Moorpark
Road and Tierra Rejada Road. Staff Recommendation:
Approve the subject Amendment to Agreement, subject to
final language approved by the City Manager and City
Attorney, and authorize the Mayor to execute same.
E. Consider Approval of an Addendum to the Ventura
Intercity Service Transit Authority (VISTA) - East
Cooperative Agreement, Extending the Agreement with an
Annual Cost Allocation, and Consider Resolution No.
2002 - Amending the Fiscal Year 2002/2003 Transit
Budget. Staff Recommendation: 1) Approve the Addendum
to the VISTA -East Cooperative Agreement for FY
2002/2003, subject to final language approval by the
City Manager, and authorize the Mayor to sign the
Agreement; and 2) Adopt Resolution No. 2002 -1984,
amending the Fiscal Year 2002/2003 Transit Budget to
reflect the City's share of the VISTA -East service.
(ROLL CALL VOTE REQUIRED)
G. Consider Parks and Recreation Commission Vacancy.
Staff Recommendation: Direct that the Parks and
Recreation Commission vacancy remain unfilled through
the end of the current term.
H. Consider a Resolution Calling and Giving Notice of the
Holding of the General Municipal Election to be Held
on Tuesday, November 5, 2002, for the Election of
Certain Officers of the City and Requesting the Board
of Supervisors of the County of Ventura to Consolidate
said Municipal Election with the Statewide General
Election on said Date, and a Resolution Requesting the
Board of Supervisors of the County of Ventura to
Permit the County Clerk to Render Services to the City
of Moorpark for the General Municipal Election and to
Canvass the Returns of the General Municipal Election.
Staff Recommendation: Adopt Resolution No. 2002 -1985
and Resolution No. 2002 -1986.
I. Approval to Conduct Tax Equity and Fiscal
Responsibility Act (TEFRA) Hearing to Consider Bond
Issue for 190 -Unit Senior Housing Project by USA
000053
Minutes of the City Council
Moorpark, California Page 18 June 19, 2002
Properties Fund, Inc. (Parcel Map 5316). Staff
Recommendation: Set Tax Equity and Fiscal
Responsibility Act (TEFRA) hearing for July 17, 2002,
and direct staff to take necessary actions to initiate
this hearing.
J. Consider Solid Waste Franchise Extension. Staff
Recommendation: Approve and
an extension of the City's
Moorpark Rubbish Disposal
September 30, 2002.
authorize staff to process
Franchise Agreements with
and GI Industries, until
K. Consider Rejection of Claims: Constantino Noval and
Peach Hill Soils, Inc. Staff Recommendation: Reject
the claims and direct staff to send a standard
rejection letter to the claimants.
12. ORDINANCES:
None.
13. CLOSED SESSION:
Mr. Kueny stated that the Council would be going into
Closed Session for discussion of Item 13.F.
MOTION: Councilmember Harper
seconded a motion to adjourn to
Item 13. F. The motion carried
time was 9:03 p.m.
moved and Councilmember Mikos
closed session for discussion of
by unanimous voice vote. The
F. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Assistant City Manager, Assistant to City
Manager /City Clerk, City Manager, City Attorney, City
Engineer, Chief of Police, Director of Administrative
Services, Director of Community Development, Director
of Community Services, and Director of Public Works.
Present in closed session were Councilmembers Harper,
Mikos, Millhouse, Wozniak, and Mayor Hunter; Steven Kueny,
City Manager; and Deborah Traffenstedt, Assistant to City
Manager /City Clerk.
The Council reconvened into open session at 9:50 p.m. Mr.
Kueny stated that Item 13.F. was discussed and that there
was no action to report.
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Minutes of the City Council
Moorpark, California Paae 19 June 19, 2002
14. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 9:50 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
000055
MINUTES OF THE CITY COUNCIL
Moorpark, California March 19, 2003
A Regular Meeting of the City Council of the City of Moorpark
was held on March 19, 2003, 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 6:48 p.m.
2. PLEDGE OF ALLEGIANCE:
Councilmember Janice Parvin, the 37th Assembly District's
"Woman of the Year" for 2003, led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Harper, Mikos, Millhouse,
Parvin, and Mayor Hunter.
Staff Present: Steven Kueny, City Manager; Joseph Montes,
City Attorney; Hugh Riley, Assistant City
Manager; Ken Gilbert, Public Works Director;
Mary Lindley, Community Services Director;
Barry Hogan, Community Development Director;
Cynthia Borchard, Administrative Services
Director; Walter Brown, City Engineer;
Captain Richard Diaz, Sheriff's Department;
Dave Bobardt, Planning Manager; Paul Porter,
Principal Planner; Deborah Traffenstedt,
Assistant to City Manager /City Clerk; and
Maureen Benson, Deputy City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. City Manager's Monthly Report.
Mr. Kueny introduced Hugh Riley, Assistant City
Manager, who gave the monthly report. Mr. Riley
provided information on preparations for construction
plans and specifications for the Police Services
Center; the final demolition and clearing of the site
for the future fire station; the County's ongoing
search for a fire station site in the Campus Park
area; the award of the design contract for the future
Public Works /Parks Department Corporation Yard;
000056
Minutes of the City Council
Moorpark, California Paqe 2
March 19, 2003
completion of a Request for Proposal for design
services for the new City Hall; the receipt of the
Final approved Project Study Report for the State
Route 118 Inspection Station Project; resumption of
the Adelphia system rebuild; permit approval for the
Mountain Meadows HOA to begin work to correct another
instance of slope failures along Mountain Meadows
Drive; near completion of a major update of the city's
Multihazard Functional Plan; and efforts of the Base
Realignment and Closure (BRAC) Task Force to use a
lobbyist to work to shelter California military bases
from BRAC reductions and closures due to State budget
cuts.
In response to Council questions, Mr. Riley stated
that the Police Services Center is larger in size than
the original concept, but is the version the Council
recently approved; the increased size of the center is
to accommodate additional staff in both the Sheriff's
and the California Highway Patrol's sections; and that
Adelphia Cable Company will pick up where they left
off to complete the build -out of their system.
Councilmember Millhouse stated that the city of
Moorpark has no control over the price charged or the
viewing content provided by Adelphia, as that is
governed by Federal law.
In response to Mayor Hunter, Captain Diaz provided an
update on the city's activities for preparedness and
readiness in this time of heightened security. He
stated that Moorpark Police Services are affiliated
with the Ventura County Sheriff's Department Emergency
Operations Center (EOC), which has been activated on a
limited basis from 6:00 a.m. -10:30 p.m. daily;
Moorpark officers have been told to be prepared for
emergency duty in the coming months; in 2001, Moorpark
officers received special first - response training for
handling biological- or chemical - weapons incidents;
and even though sites have been identified for
heightened security there have been no known threats
in Ventura County.
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Minutes of the City Council
Moorpark, California Page 3 March 19, 2003
5. PUBLIC COMMENT:
Linda Plaks, a Moorpark resident, reminded the Council of
the upcoming Moorpark Boys & Girls Club Auction to be held
March 29th at the Grand Vista Hotel in Simi Valley.
Councilmember Parvin acknowledged Ms. Plaks as a previous
recipient of the "Woman of the Year" award.
Gerald Goldstein, a Moorpark resident and Korean War
Veteran spoke about the American Flag; his attendance at
the Ventura County Transportation Commission (VCTC) meeting
and the irony of having a public meeting where the public
does not have bus transportation to get home from the
meeting; using email, fax, or phone to get messages to the
City Council meetings if the public is unable to find
public transportation to attend; health issues and the
price of medication; and his concerns about the lights at
the Senior Center not being shielded in case of breakage.
AT THIS POINT in the meeting, the City Council recessed to
convene a meeting of the Moorpark Redevelopment Agency. The time
was 7:09 p.m. The City Council meeting reconvened at 7:12 p.m.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
(Pursuant to Council Rules of Procedure Section 2. 8, Items
to be withdrawn from the Consent Calendar shall be
identified at this time.)
Councilmember Mikos requested that Item 10.A.
(specifically, Minutes of February 5, 2003) be pulled from
the Consent Calendar for an editorial addition.
Mr. Riley requested that Item 10.L. be pulled from the
Consent Calendar for editing.
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Mayor Hunter congratulated Coach Larry Jones and the
Academic Decathlon Team from Moorpark High School for
winning the state championship for the second straight
year. He announced that the team will be traveling to
Erie, Pennsylvania, to compete in the national
championship.
000058
Minutes of the City Council
Moorpark, California Page 4
March 19, 2003
Mayor Hunter recognized Councilmember Parvin for being
named "Woman of the Year" by the 37th Assembly District for
her lifetime of achievement and volunteerism to many worthy
projects.
Councilmember Parvin recognized the efforts of the Moorpark
Rotary Club for donating over $41,000 to 26 organizations
throughout the city of Moorpark.
8. PUBLIC HEARING:
A. Consider Industrial Planned Development Permit No.
2000 -10, a Request to Construct an Approximately
113,994 Square Foot Mini - Warehouse /Office Building on
a 112,184 Square Foot Parcel Located at 875 Los
Angeles Avenue, at the Northwest Corner of Los Angeles
Avenue and Goldman Avenue, on the Application of
Asadurian Investments. (Continued from February 19,
2003, with public hearing open.) Staff
Recommendation: Continue this matter, public hearing
open, to April 2, 2002.
Mr. Hogan gave the staff report. He stated that what
remains is for the full Council to consider the
settlement agreement that the Ad Hoc Committee,
consisting of Councilmembers Millhouse and Parvin, has
reached with the applicant and to approve the revised
Industrial Planned Development, which will be
presented at the April 2, 2003, meeting.
Mayor Hunter stated that this is a continued open
hearing.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
MOTION: Councilmember Millhouse moved and Councilmember
Parvin seconded a motion to continue this item with public
hearing open, to April 2, 2003. The motion carried by
unanimous voice vote.
B. Consider Industrial Planned Development (IPD) No.
2000 -01 for a Ten (10) Building, 464,963 Square Foot
Corporate Industrial Center, and Tentative Tract Map
(TTM) No. 5226 for Subdivision of 33.04 Acres into
Nine (9) Lots, Located West of the 23 Freeway and East
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Minutes of the City Council
Moorpark, California Page 5 March 19, 2003
of Miller Parkway, Approximately 230 Feet South of New
Los Angeles Avenue on the Application of Cypress Land
Company. Staff Recommendation: 1) Open the public
hearing, accept public testimony, and close the public
hearing; 2) Determine that this proposed industrial
project is consistent with the Amended Carlsberg
Specific Plan for which an EIR was certified, as the
proposed business park has been determined to be an
allowable use within a BP zone, and is consistent with
the analysis of the land use and impacts in the
Specific Plan EIR; and 3) Adopt Resolution No. 2003-
2059 approving Industrial Planned Development Permit
No. 2000 -01 and Tentative Tract Map No. 5226.
Mr. Hogan gave the staff report. He stated that the
correct Traffic System Management (TSM) fee is
$234,998.40, as noted in Condition No. 34.c. of the
agenda report, rather than the TSM fee provided in the
memorandum, which accompanied the agenda report; an
additional condition will be added to stamped page 20
of the agenda report, to require that prior to, or
concurrent with the recordation of the Final Map, a
Property Owner Association must be formed to maintain
the Common Property Area; and an amendment is needed
to the second line of Condition 50 to stipulate that
the formation of a Landscape Maintenance Assessment
District or acceptable alternative would be upon the
approval of the Public Works Director.
In response to questions from Council, Mr. Brown
clarified that the Storm Water Pollution Control Plan
water quality detention basin on Lot 1 will look more
like a tule pond and will not hold water continuously;
and that the responsibility for maintenance of the
slopes will rest with individual property owners,
since the hillside at the back of the buildings is not
a city- dedicated Open Space for public access.
Mayor Hunter opened the public hearing.
Mark Armbruster, representing Cypress Land Company,
10940 Wilshire Boulevard, Suite 1900, Los Angeles,
gave a PowerPoint presentation of the project and
stated that the entire design team is available for
questions.
0®0 Gfl
Minutes of the City Council
Moorpark, California Page 6
March 19, 2003
In response to questions from Council, Mr. Armbruster
stated that Cypress Land Company retains ownership of
all buildings they build; they will wait for project
approval prior to identifying tenants for this
project; higher than normal parapet walls, which blend
in with the architectural style of the buildings, have
been designed to screen roof -top equipment for some of
the buildings; additional trees will be planted to add
to existing trees to act as a partial buffer on the
southwest side of the project where six or seven homes
may be able to look down on the roof tops; the parking
ratio is lower in Calabasas where the Alcatel building
is located and which at times, requires valet parking
for its clientele; Cypress Land Company did anticipate
growth when planning for adequate parking at this
site; there will be Reciprocal Parking Agreements
between all the buildings in the complex; benches will
be located in the grassy, park -like area along the
edges of the circular turnaround; and the trail will
follow the ridge line to Miller Parkway.
Thomas Stoddard, Director of Operations for Cypress
Land Company, 10940 Wilshire Boulevard, Suite 1900,
Los Angeles, stated that a great deal of effort went
into planning the parking for this project and he is
comfortable that there will be ample spaces.
In response to Councilmember Mikos, Mr. Hogan stated
that staff and the applicant have walked a potential
trail route, but it has not yet been specifically
sited; the connection to Miller Parkway is problematic
due to the open space; the new trail will connect with
the existing trail system; and the pedestrian area at
the Marketplace will not connect via the trail system
to this project.
In response to Mayor Hunter, Mr. Armbruster stated
that they concur with the changes staff is making to
the conditions; they anticipate tenants will be high -
end business park users, rather than heavy industry;
and Cypress Land Company has been fortunate in not
having to identify tenants and acquire bank financing
prior to completion.
Michael Tingus, 4187 Cresthaven Drive, Westlake
Village, representing the property owners and retail
developer, stated that the type of company he
0®0(;G1
Minutes of the City Council
Moorpark, California Paqe 7
March 19, 2003
anticipates for this site will be coming from the
Conejo Valley and will represent the higher end
research, development, and assembly companies rather
than manufacturing machine shops.
Councilmember Mikos complimented the applicant on the
plant pallet for the project, which includes many
native plants and recommended that the oleander plant,
which is poisonous to animals, be eliminated from the
selection.
In response to Mr. Hogan's request for direction from
the Council on the placement of public art, either on-
or off -site for the project, Mayor Hunter stated that
the Council will hear from the public speakers prior
to making a recommendation.
Archie Mesina, a Moorpark resident, asked if there are
any industries which will be restricted from this
business park; and are there any city grants which
will fund this project.
In response to Mayor Hunter's request for Council
input regarding the Art in Public Places,
Councilmember Harper stated the applicant's donation
of $40,000 could provide for a major art feature,
which should be on -site, preferably, at the end of
Patriot Drive. The remaining Councilmembers
concurred.
CONSENSUS: It was the consensus of
direct, via Condition 34.b., that the apx
have designed an on -site piece of public
value corresponding to or greater than the
that they must receive approval from the
the art work.
the Council to
>licant design or
art work with a
in lieu fee; and
City Council for
Councilmember Millhouse stated that the Planning
Commission, working with Cypress Land Company has done
an excellent job of making a nice development; the
benches in the central plaza, the trailhead, and trail
connection are nice additions; zoning limitations and
code restrictions will protect the residents from
certain uses; and the questions raised about adequate
parking were excellent.
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Minutes of the City Council
Moorpark, California Paqe 8 March 19, 2003
In response to Mayor Hunter and Mr. Mesina's earlier
question, Mr. Hogan stated that the code would
preclude certain uses involving noise, odors, or
vibrations on this site.
Mayor Hunter closed the public hearing.
In response to Councilmember Harper's concerns
regarding adequate parking, in light of Kavlico's
labor intensive business running out of parking and
their need to rent additional parking space from Card
Services, Mr. Hogan stated that this project has 100
parking spaces beyond the requirement; each use will
require a zoning clearance, at which time, staff will
determine, based upon the type of business, if they
would oversubscribe the parking; and staff will also
look to the applicant to self - police the uses coming
to the site so that a zone clearance would not have to
be denied.
In response to questions from the Council, Mr.
Armbruster stated that this project will not be a
single headquarters, but will include several
different tenants, which is in Cypress Land Company's
best interest, they would prefer public parking for
those using the trails be kept to the area in front of
the complex; and there will be signage to identify the
trail.
In response to Mr. Mesina's earlier question, Mr.
Armbruster stated that the city is not funding any
part of this project.
In response to Councilmember Parvin, Mr. Kueny stated
that there would be no street parking on Miller
Parkway at anytime; however, Patriot Drive is a
private street and it would be up to the Property
Owners Association to decide whether parking would be
allowed.
In response to Councilmember Millhouse, Mr. Hogan
stated that the project is consistent with the code
and the parking is adequate to meet the foreseeable
future uses of this project.
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Minutes of the City Council
Moorpark, California Paqe 9 March 19, 2003
MOTION: Councilmember Millhouse moved and Councilmember
Parvin seconded a motion to: 1) Determine that this
proposed industrial project is consistent with the Amended
Carlsberg Specific Plan for which an EIR was certified, as
the proposed business park has been determined to be an
allowable use within a Business Park zone, and is
consistent with the analysis of the land use and impacts in
the Specific Plan EIR; and 2) Adopt Resolution No. 2003-
2059 approving Industrial Planned Development Permit No.
2000 -01 and Tentative Tract Map No. 5226, as amended, to:
a) Reflect adjustment in the Traffic Systems Management
fee; b) Add a new Condition for the Property Owner
Association to maintain the Common Property Area; c) Amend
Condition 50 for the Public Works Director to approve the
formation of a Landscape Maintenance District or acceptable
alternative; and d) Determine that Condition 34.B specify
on -site art as a requirement. The motion carried by voice
vote 4 -1, with Councilmember Harper dissenting.
Councilmember Harper stated that he is convinced that
this land should be zoned Commercial not Industrial;
the city stands to lose as much as one million dollars
a year in tax revenue; the site should have been
incorporated with the Target Center; however, if this
site has to be Industrial, he is glad Cypress Land
Company will be the developer.
C. Consider General Plan Amendment Pre - Screening
Application No. 2001 -03 to Convert 4.8 Acres from
Rural High Residential Uses to Medium Industrial Uses
at 13991 Los Angeles Avenue on Behalf of Mohammad
Sheshebor and Eddie Gharabaghi. Staff Recommendation:
1) Approve the General Plan Amendment Pre - Screening
application subject to the preparation of a draft
Specific Plan for the study area; and 2) Direct staff
to work with the applicant and other property owners
in the study area seeking entitlements to fund the
cost of the preparation of a draft Specific Plan.
Mr. Hogan gave the staff report and indicated that
staff's recommendation should have included direction
for opening the public hearing, since this was
advertised as such. He stated that the purpose of
this hearing is to look at the concept of the land use
designation, not the details of the Specific Plan.
00OC64
Minutes of the City Council
Moorpark, California Page 10 March 19, 2003
In response to Mayor Hunter, Mr. Hogan stated a
separate General Plan Amendment may not be needed if
it can be folded into the Specific Plan.
CONSENSUS: It was the consensus of the Council to amend
the Staff Recommendation to include opening the public
hearing, accepting public testimony, and closing the public
hearing.
Mayor Hunter opened the public hearing.
Victoria Chaidez, a Moorpark resident, stated her
concerns about changing the zoning to Commercial for
this area where there are horses, other animals, and
Open Space; negative effects on wildlife in the area;
additional traffic in an already congested, narrow
area; allowing an RV Storage center where it would
prove difficult for recreational vehicles to find
enough room to turn around; and the impact to her view
from having to look down into an RV yard.
In response to Mayor Hunter, Mr. Hogan confirmed that
before a project could proceed, significant
improvements to the roadway would be needed.
Councilmember Mikos stated that when the Affordable
Housing /Community Development Committee considered
this, they were not talking about a Specific Plan only
for circulation and land use; a lot of the area has
Open Space opportunity for trails, habitat restoration
and all different types of uses, not just commercial
use; the approach of looking at a Specific Plan would
allow for a comprehensive study of what is and is not
appropriate; if the Council agrees to look at this as
a Specific Plan, it does not mean that this particular
application is approved; and there would be more
public hearings to go along with the process if the
Council elects to do this.
Mayor Hunter stated that this is an opportunity to
study the area for appropriate or inappropriate uses
with the details to come later with the Specific Plan.
He recommended that Ms. Chaidez stay to participate in
Item 9.E., which is another traffic related item on
the agenda.
0000GS
Minutes of the City Council
Moorpark, California Page 11 March 19, 2003
Councilmember Millhouse stated that rather than
looking at pockets of individual potential uses, a
master plan to look at the entire area will be
developed with a concept to study the cumulative
impact for the area, which is something he can
support.
Councilmember Parvin concurred with Mayor Hunter and
Councilmembers Mikos and Millhouse.
Mayor Hunter closed the public hearing.
MOTION: Councilmember Mikos moved and Councilmember
Harper seconded a motion to: 1) Approve the General Plan
Amendment Pre - Screening application subject to the
preparation of a draft Specific Plan for the study area;
and 2) Direct staff to work with the applicant and other
property owners in the study area seeking entitlements to
fund the cost of the preparation of a draft Specific Plan.
The motion carried by unanimous voice vote.
D. Consider General Plan Amendment Pre - Screening
Application No. 2001 -02 to Convert 4.0 Acres from
General Commercial Uses to Very High Density
Residential Uses at 601 -699 West Los Angeles Avenue on
the Application of Grand Moorpark, LLC. Staff
Recommendation: Direct staff to obtain funds from
Grand Moorpark, LLC and Shea Homes for the preparation
of a commercial demand study, and upon completion of
the study, refer the case back to the Affordable
Housing /Community Development Committee for
recommendation to the City Council.
Mr. Hogan gave the staff report and indicated that
staff's recommendation should have included direction
for opening the public hearing, since this was
advertised as such. He went on to state that a third
participant, the Casden Group, is interested in
contributing to the funds needed to complete the
study.
CONSENSUS: It was the consensus of the Council to amend
the Staff Recommendation to include opening the public
hearing, accepting public testimony, and closing the public
hearing.
OOOOGG
Minutes of the City Council
Moorpark, California Paqe 12 March 19, 2003
In response to Mayor Hunter, Mr. Hogan stated that it
should not take more than a month and one -half to
obtain the advance proposals, although it will take
three to four months to prepare the study and related
work before bringing it back to the City Council.
Mayor Hunter opened the public hearing.
Charles Cohen of Weston Benshoff, representing Grand
Moorpark, LLC, 2801 Townsgate Road, Thousand Oaks,
stated that they are satisfied that the Committee will
make the appropriate recommendation to the City
Council and that the study should eliminate any
issues.
Oscar Berrera, a Moorpark resident, stated his
opposition to the project due to high density and too
much traffic in his neighborhood near Sierra Avenue.
Mayor Hunter explained the process of the Commercial
Demand Study; assured Mr. Barrera of future public
hearings where specific concerns can be voiced; and
requested that Mr. Hogan be sure Mr. Berrera is
noticed for future public hearings.
Mayor Hunter closed the public hearing.
Councilmember Harper expressed similar concerns as
those he had for the Cypress Land Company project
regarding the loss of a good commercial development
site, the resulting tax revenue loss, and the change
in density. He stated he has no problem proceeding
with the study, but cautioned not to underestimate the
community's long term need for commercial development
along with the city's need for tax revenue.
Mayor Hunter expressed similar concerns with the
previous loss of Los Angeles Avenue frontage when
Commercial zoning was changed to Residential zoning.
Councilmember Mikos stated that she agreed with staff
that they should look at other studies and weigh
results from what was projected and what has happened
since; and if a change is made to Residential, staff
should explore options and look closely at density.
000067
Minutes of the City Council
Moorpark, California Page 13
March 19, 2003
Councilmember Parvin stated that one of the city's
Goals and Objectives is to perform a study like this
and she is glad the city will have assistance with the
financial cost.
MOTION: Councilmember Harper moved and Councilmember
Mikos seconded a motion to direct staff to obtain funds
from the two applicants, Grand Moorpark, LLC and Shea
Homes, and accept the contribution from Casden Group for
the preparation of a commercial demand study, and upon
completion of the study, refer the case back to the
Affordable Housing /Community Development Committee for
recommendation to the City Council. The motion carried by
unanimous voice vote.
AT THIS POINT in the meeting a recess was declared. The time
was 8:31 p.m. The Council meeting reconvened at 8:54 p.m.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Award of Contract to Ecology Construction
Inc. and Adoption of a Budget Amendment for Arroyo
Vista Community Park Phase II Construction. Staff
Recommendation: Award a contract to Ecology
Construction Inc. for $1,779,317.68 for construction
of AVCP Phase II; authorize a loan of $590,000 from
the General Fund Reserve Balance, to be repaid with
interest at the LAIF rate; and adopt Resolution No.
2003 -2060, appropriating $180,000 from the Park
Improvement Fund Balance - Community Zone and $590,000
from the General Fund Reserve Balance to the AVCP
Phase II project budget (7022). ROLL CALL VOTE
REQUIRED
Ms. Lindley gave the staff report.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
Councilmember Millhouse stated that the park
improvements provide a variety of benefits to every
type of park use and the Council should move forward
with this recommendation.
MOTION: Councilmember Millhouse moved and Councilmember
Harper seconded a motion to: 1) Award a contract to
Ecology Construction Inc. for $1,779,317.68 for
000(33,G8
Minutes of the City Council
Moorpark, California Page 14 March 19, 2003
construction of AVCP Phase II; 2) authorize a loan of
$590,000 from the General Fund Reserve Balance, to be
repaid with interest at the LAIF rate; and 3) Adopt
Resolution No. 2003 -2060, appropriating $180,000 from the
Park Improvement Fund Balance - Community Zone and $590,000
from the General Fund Reserve Balance to the AVCP Phase II
project budget (7022). The motion carried by unanimous
roll call vote
B. Consider Boys & Girls Club Loan. Staff
Recommendation: Forgive the loan balance of $47,000
to the Boys & Girls Club effective June 30, 2003, but
retain the right to modify this decision during budget
deliberations.
Ms. Borchard gave the staff report.
Ron LaGuardia, a Moorpark resident and former member
of the Board of Directors of the Moorpark Boys & Girls
Club, spoke in support of forgiveness of the loan. He
went on to describe the positive impacts the club has
had on the community, the need to use funds to provide
more programs and to develop a larger center to enable
the club to serve more than the 100 children attending
now.
Scott Mosher, Executive Director of the Moorpark Boys
& Girls Club, 200 Casey Road, Moorpark, thanked the
City Council and the City Manager for their support
and stated that forgiving the loan will enhance the
club's ability to serve more children in the
community.
In response to Mayor Hunter, Ms. Traffenstedt
summarized the one Written Statement card from Eddie
Byrn who opposed the loan as misuse of taxpayer money.
Councilmember Harper stated that this is not a misuse
of public money since the positive benefits come back
into the community through the services rendered by
the Boys and Girls Club to the children of the
community.
Councilmember Millhouse stated that in light of
circumstances around the world at this time, people
recognize that freedom is not free; the city of
Moorpark did not become a safe community by luck or
000069
Minutes of the City Council
Moorpark, California Page 15 March 19, 2003
coincidence,
and one
of the reasons for the low crime
rate is the positive
effect youth
programs offered by
the Moorpark
Boys & Girls
Club have on children, which
benefits the
whole
community.
He concurred with
Councilmember
Harper,
that this
is not a misuse of
public funds,
rather an investment
in the public.
Councilmember Parvin concurred with Councilmembers
Harper and Millhouse. She stated that the Boys and
Girls Club was built in the 1930's and with a very
small staff has managed to keep the program going to
serve at least 1800 children annually. She went on to
state that the club offers very important programs to
create awareness and resistance skills for keeping
children away from drugs and alcohol.
Councilmember Mikos echoed her fellow Councilmembers
and stated that this is easy to support since the
funds the city is forgiving would be spent on other
programs to benefit youth in the community anyway.
MOTION: Councilmember Harper moved and Councilmember
Parvin seconded a motion to forgive the loan balance of
$47,000 to the Boys & Girls Club effective June 30, 2003,
but retain the right to modify this decision during budget
deliberations. The motion carried by unanimous voice vote.
C. Consider Approval of Second Amendment to Settlement
Agreement Regarding the Moorpark Country Club Estates
RPD 1994 -01 - Toll Brothers. Staff Recommendation:
Approve the Second Amendment to the Settlement
Agreement and authorize the Mayor to sign the
Agreement subject to the final language approval of
the City Attorney and City Manager.
Mr. Kueny gave the staff report.
Craig Messi, representing Toll Brothers, Inc., 7142
Trevino Drive, Moorpark, stated that in working with
the City Manager's office and Ad Hoc Committee, Toll
Brothers is in agreement with the latest version of
the Settlement Agreement.
MOTION: Councilmember Parvin moved and Councilmember
Harper seconded a motion to approve the Second Amendment to
the Settlement Agreement and authorize the Mayor to sign
the Agreement subject to the final language approval of the
0000%{7
Minutes of the City Council
Moorpark, California Page 16 March 19, 2003
City Attorney and City Manager. The motion carried by
unanimous voice vote.
D. Consider Remaining Outstanding Issues - Toll Brothers
(Moorpark Country Club Estates). Staff
Recommendation: Direct the applicant to file the
Modifications to Tract 4928, RPD 1994 -01, and CUP
1994 -01 and authorize the Community Development
Director to bring them back to the Council as a
consent item, in order to bring Conditions of Approval
into consistency with the Second Amendment to the
Settlement Agreement.
Mr. Hogan gave the staff report.
In response to Mayor Hunter, Mr. Messi concurred with
staff's recommended action.
MOTION: Councilmember Harper moved and Councilmember
Mikos seconded a motion to direct the applicant to file the
Modifications to Tract 4928, RPD 1994 -01, and CUP 1994 -01
and authorize the Community Development Director to bring
them back to the Council as a consent item, in order to
bring Conditions of Approval into consistency with the
Second Amendment to the Settlement Agreement. The motion
carried by unanimous voice vote.
E. Consider Potential Alignments for State Route 23 North
of New Los Angeles Avenue. Staff Recommendation:
Direct staff to proceed with development of Spring
Road as a future alignment for State Route 23.
Mr. Bobardt gave the staff report and stated that
staff is recommending Alternate No. 2.
Jim Beck, Civil Engineer for Pardee Homes, 1320 Flynn
Road, Camarillo, provided the following Pardee
viewpoint on the alternatives:
• Alternate No. 1 involving Moorpark Highlands
Specific Plan or Tract 5045 of Pardee ownership,
would have no impact on the Pardee development.
• Alternative No. 2 would have the negative impacts
of increased noise and truck traffic along Spring
Road, unattractively high perimeter sound walls,
and decreased marketability of their homes.
Pardee is alarmed to hear that the Spring Road
UQ)001
Minutes of the City Council
Moorpark, California Paqe 17 March 19, 2003
design would have to satisfy Caltrans standards
when the roadway was previously conditioned to be
designed to Ventura County road design standards;
changes to the design would require impacts to
the Pardee site, which have not been studied; and
would include condemnation of some of the LePerch
property. It is up to the city to accept Spring
Road and then convince Caltrans to accept this
alignment as an alternative to Walnut Canyon Road
for a state highway route; satisfying Caltrans
would require condemnation and right -of -way
acquisitions from adjoining ownerships as well as
unstudied impacts to the Pardee site; Caltrans
criteria would require elimination of much of the
landscaping Pardee is conditioned to install in
the parkway and the median; and posting of "No
Thru Truck Traffic" would make reclassification
of Spring Road as a state highway, unlikely.
• Alternative No. 3 was accepted when Pardee
purchased the Tentative Map with that Highway 23
connection.
• Alternative No. 4 has the most impact on their
site, but they are willing to accept the negative
impacts as long as their improvement plans,
pending RPD, and map revision are not delayed by
discussions of whether to grade this alignment or
pay in -lieu fees. They do not believe this
alignment can be graded due to impacts on
environmentally sensitive areas; they would
rather pay the in -lieu fees and have the Council
direct staff to provide expedited plan check of
their bulk grading plan; and they do not want to
get into protracted negotiations with Caltrans
regarding the design of Spring Road.
• Alternative No. 5 has no impact.
Victoria Chaidez, a Moorpark resident, stated that she
has concerns with Alternative Nos. 3 and 4 since huge
trucks traveling along those routes will have a
negative environmental impact on the wildlife corridor
and wildlife preserve in those locations.
Councilmember Millhouse stated that he had asked for
this item to be placed on the agenda to discuss the
alternatives for removing the truck traffic from the
city, as this is a serious issue impacting the entire
downtown area, the residents living along Walnut
000072
Minutes of the City Council
Moorpark, California Page 18 March 19, 2003
Canyon, and burdens the infrastructure of the city;
this is an opportunity to study alternatives, which
have the potential to work, before homes are built in
the Pardee development; he does not concur with
staff's recommendation for Alternate No. 2 because it
brings traffic by existing homes on Spring Road and
Charles Street, past the new Police Services Center,
and then on to L.A. Avenue to the freeway; there are
limitations in what can be done; the city does not
have control over State Route 118 even though there
have been increased Caltrans truck inspections; the
city has hired a consultant to study ways to restrict
truck traffic, but ultimately the city does not have
the power to ban trucks; the city is pushing forward
on behalf of the Ventura County Transportation
Commission (VCTC) with the widening proposal for
Highway 23; further study of Alternative No. 4 would
benefit the most people in Moorpark with placement of
the roadway before homes are built in the Pardee
development and would impact current residents the
least; the trucking industry has indicated they are
interested in helping fund a portion of the cost for
the study; the Transportation Equity Act (T3) is being
reauthorized in Congress, which will hopefully free up
funds here in Ventura County; the VCTC will be
reevaluating the projects at the top of their
priorities list and accepting ideas from cities for
improvements; and this is the window of opportunity to
serve the citizens of Moorpark.
Councilmember Mikos stated that she concurs that this
is the time to take the opportunity to perform a
study; Alternative No. 4 is not the one she would
choose; none of the alternatives are good; there are
terrible minuses to each alternative as well as some
good pluses; she begrudgingly agrees with staff's
recommendation of Alternative No. 2; and the Council
needs to narrow their selection and focus on one
alternative due to the expense.
Councilmember Harper stated that he does not like any
of the alternatives; it is painful to realize that the
reason the city has this problem is because Ventura
County has been very liberal and not taken
responsibility for regulating trucks in the quarries;
it would be unfortunate to alter the Pardee Planned
Development or to impact existing neighborhoods, all
000073
Minutes of the City Council
Moorpark, California Page 19
March 19, 2003
because of trucks; a long term solution would be to
shut down the quarry as a public hazard; mitigation
would include building a freeway grade interchange to
connect with the existing freeway connector; and he
recommends that staff set up an evening workshop to
bring in all affected parties including Caltrans and
the Ventura County Transportation Commission to
investigate building it.
Councilmember Parvin stated that none of the
alternatives are appealing; it is hard to find
positive elements; Alternative No. 2 is the least
costly and the most direct route from the quarry; and
she agreed with Councilmember Harper "s recommendation
for a workshop.
Mayor Hunter stated he would support Councilmember
Harper's recommendation for a workshop and asked staff
to set the date at this meeting, since so many people
have a vested interest and can provide input.
Councilmember Millhouse stated that although he
concurs with the direction for staff to proceed with a
workshop and agrees that none of the alternatives are
the best way of doing things, that doing nothing would
be a disservice to people living along Walnut Canyon
Road, living downtown, or for anyone using Los Angeles
Avenue. He went on to state that Alternative No. 4
has the least impact for a number of residents even
though it has problems; Alternative No. 3 has grading
issues near Happy Camp and with the extension of the
future Route 23 has the downside of passing by
existing homes along the Campus Park area; Alternative
No. 2 violates a promise made to the residents in and
around Spring Road who were told that Spring Road was
not going to be accessible to trucks; and 100 million
dollars would not be easy to find for a freeway
connection, which would still pass by existing homes
in Campus Park. Councilmember Millhouse reminded the
Council that a workshop was already conducted on this
subject and Pardee did not come up with any
alternatives; only ten homes in their development will
be impacted by the trucks; and those home buyers will
be forewarned, while the existing residents have had
the truck problem forced upon them by the County.
000074
Minutes of the City Council
Moorpark, California Page 20 March 19, 2003
Mr. Beck stated that they do not have an obligation to
solve a regional traffic problem and urged the Council
to adopt one of the alternatives so that their
development can move forward.
Councilmember Harper reiterated his request for a
workshop and recommended revisiting some alternatives
presented many years ago, including one involving D
Street, an alignment that parallels the current Route
118 and extends west where it would require the
grading of hills.
A discussion followed between Council and staff to
determine a date for the workshop and to consider a
list of representatives to be invited such as the
Director of VCTC, Director or Assistant Director of
Caltrans District No. 7, Ventura County Roads
Supervisor, and a representative from the Trucking
Industry, such as their EIR Consultant.
CONSENSUS: It was the consensus of the Council to hold
a workshop on April 9, 2003, to study alternative
alignments with all affected parties.
F. Consider Resolution Establishing a "Permit Only"
Parking Zone on Flory Avenue. Staff Recommendation:
Adopt Resolution No. 2003 -2061 establishing a "Permit
Only" parking zone on Flory Avenue.
Mr. Gilbert gave the staff report.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
MOTION: Councilmember Harper moved and Councilmember
Parvin seconded a motion to Adopt Resolution No. 2003 -2061
establishing a "Permit Only" parking zone on Flory Avenue.
The motion carried by unanimous voice vote.
G. Consider Resolution and Letter in Support of Santa
Monica Mountains Conservancy (SMMC) Advisory Committee
Exemption from State Directive to Limit Meetings to
Once Annually. Staff Recommendation: Adopt
Resolution No. 2003 -2062 and authorize the Mayor to
sign a letter in support of an exemption for the SMMC
Advisory Committee from an order of the Governor to
OOOCV75
Minutes of the City Council
Moorpark, California Page 21 March 19, 2003
require State advisory bodies to limit meetings to
once annually.
Councilmember Mikos, the city's representative on the
Santa Monica Mountains Conservancy Advisory Committee,
gave the report.
In response to Mayor Hunter, Councilmember Mikos
stated that the Advisory Committee believes it is
exempt from the order from the Governor because
projects for consideration can come at any time during
the year and in order to provide advice and discussion
to the Conservancy Board it would be necessary to meet
more than once in a year; the state Attorney General
will determine if the Advisory Committee is actually
exempt; and if the Council agrees that the Advisory
Committee is essential to the conduct of the
Conservancy Board, then hopefully they will agree to
this action.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
Councilmember Millhouse stated that the Santa Monica
Mountains Conservancy Advisory Committee provides
tremendous benefits to the community and he is in
favor of the Resolution and the letter.
MOTION: Councilmember Mikos moved and Councilmember
Millhouse seconded a motion to Adopt Resolution No. 2003-
2062 and authorize the Mayor to sign a letter in support of
an exemption for the SMMC Advisory Committee from an order
of the Governor to require State advisory bodies to limit
meetings to once annually, with an adjustment to the letter
to reflect approximately 1,000 square miles as the
geographic size of the SMMC Zone /Rim of the Valley Trail
Corridor. The motion carried by unanimous voice vote.
H. Consider Scheduling of the Summer Meeting Recess.
Staff Recommendation: Direct staff to post a notice
of meeting cancellation for either the July 16 or
August 6, 2003, regular meeting.
Ms. Traffenstedt gave the staff report.
Councilmember Harper stated that he preferred to go
dark for both meetings.
0000;16
Minutes of the City Council
Moorpark, California Page 22
March 19, 2003
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
Councilmember Mikos stated that she would be in favor
of canceling both dates as long as Special Meetings
are not scheduled during that time frame.
MOTION: Councilmember Harper moved and Councilmember
Mikos seconded a motion to post a notice of meeting
cancellation for both the July 16 and the August 6, 2003,
regular meetings. The motion carried by unanimous voice
vote.
10. CONSENT CALENDAR:
Councilmember Mikos requested that Item 10.H. also be
pulled for individual consideration.
MOTION: Councilmember Millhouse moved and Councilmember Parvin
seconded a motion to approve the Consent Calendar with the
exception of the minutes of February 5, 2003 in Item 10.A. and
Items 10.H. and 10.L., which were pulled for individual
consideration. The motion carried by unanimous roll call vote.
B. Consider Approval of Warrant Register for Fiscal Year
2002 -2003 - March 19, 2003.
Manual Warrants 112133 - 112137 & $ 7,646.88
112220 - 112221 $ 193.00
Voided Warrant 112074 & 112232 $ (857.73)
Payroll Liability 112222 - 112229 $ 12,498.86
Warrants
Regular Warrants 112138 - 112219 $ 47,668.87
112230 - 112251 $ 322,675.90
Staff Recommendation: Approve the warrant register.
C. Consider Resolution Funding 1) Speed Feedback Sign
Costs; and 2) Construction of Improvements to the
Medians on Campus Park Drive East of Collins Drive.
Staff Recommendation: Adopt Resolution No. 2003-
2063. ROLL CALL VOTE REQUIRED.
000077
Minutes of the City Council
Moorpark, California Page 23 March 19, 2003
D. Consider Resolution Rescinding Resolution No. 2002-
1998 and Directing the Placement of a STOP Sign at
Only the Deering Lane Entrance to the Intersection of
Cedarpine Lane and Deering Lane. Staff
Recommendation: Adopt Resolution No. 2003 -2064.
E. Consider Resolution Amending Fiscal Year 2002/2003
Budget to Fund Certain Assessment Engineering Costs
(Fund 1000- General Fund). Staff Recommendation:
Adopt Resolution No. 2003 -2065 amending the FY 2002/03
Budget to fund the Assessment Engineering costs
defined and described in the agenda report. ROLL CALL
VOTE REQUIRED.
F. Consider Amendment of City /County Agreement for the
Installation of the Traffic Signal at Tierra Road and
Sunset Valley Road (formerly Moorpark Road); Approval
of City /County Agreement for the Maintenance of
Traffic Signals at Certain Intersections; and Adoption
of a Resolution Amending the Fiscal Year 2002/2003
Budget for the Moorpark Park Road Realignment Project
(Project 8043) (Fund 2002 - Traffic Mitigation Fund) .
Staff Recommendation: 1) Approve an Amendment to
City /County Agreement pertaining to the construction
of a temporary traffic signal at Tierra Rejada Road
and Sunset Valley Road (formerly Moorpark Road),
subject to final language approval by the City Manager
and the City Attorney; 2) Approve a City /County
Agreement pertaining to the sharing of costs for
certain "shared" intersection, subject to final
language approval by the City Manager and the City
Attorney; and 3) Adopt Resolution No. 2003 -2066
amending the FY 2002/03 Budget for Project 8043 -
Moorpark Road Realignment Project. ROLL CALL VOTE
REQUIRED.
G. Consider Report of Annual Development Agreement
Review, Established in Connection with Moorpark
Highlands Specific Plan No. 2, a Master Planned
Community, Located East of Walnut Canyon Road and
North of Charles Street, on the Application of
Morrison - Fountainwood- Agoura. Staff Recommendation:
1) Accept the Community Development Director's Report
and recommendation that, on the basis of substantial
evidence, Morris on- Fount ainwood- Agoura has complied in
good faith with the terms and conditions of the
000078
Minutes of the City Council
Moorpark, California Page 24 March 19, 2003
agreement; and 2) Deem the annual review process
complete.
I. Consider Rejection of Claim: Nancy T. Dion. Staff
Recommendation: Reject the claim and direct staff to
send a standard rejection letter to the claimant.
J. Consider Rescission of Resolution No. 98 -1508
Regarding the Golf Course Commencement Date for
Moorpark Country Club Estates - Toll Brothers. Staff
Recommendation: Adopt the Resolution No. 2003 -2068
rescinding Resolution No. 98 -1508.
K. Consider Resolution Urging the State Legislature to
Reject the Governor's Proposal to Shift Local
Government's Share of Vehicle License Fee (VLF)Revenue
and to Honor the 1998 Commitment to Restore the VLF.
Staff Recommendation: Adopt Resolution No. 2003 -2069.
The following items were pulled for individual
consideration:
A. Consider Approval of Minutes of Regular Meeting of
February 5, 2003.
Consider Approval of Minutes of Special Meeting of
March 5, 2003.
Staff Recommendation: Approve the minutes.
Councilmember Mikos requested revision to stamped page
181 containing the Regular Minutes of February 5,
2003, to add additional language to the CONSENSUS for
Item 9.F. to indicate that "the Fiscal Year 2003/04
priorities will be finalized during the budget
deliberations ".
MOTION: Councilmember Mikos moved and Councilmember
Millhouse seconded a motion to approve the Minutes of the
Regular Meeting of February 5, 2003, as amended and to
approve the Minutes of the Special Meeting of March 5,
2003, as submitted. The motion carried by unanimous voice
vote.
H. Consider Approval of a Resolution Authorizing the
Destruction of Certain Records. Staff Recommendation:
Adopt Resolution No. 2003 -2067.
000-9
Minutes of the City Council
Moorpark, California Paqe 25
March 19, 2003
Councilmember Mikos stated she concurs with staff's
recommendation except for the destruction of video
tape recordings of meetings prior to 2002 (Minutes
Approved) and asked for a separate Resolution to come
back to the Council for consideration of the videos
being transferred to a different medium such as a CD.
MOTION: Councilmember Mikos moved and Councilmember
Millhouse seconded a motion to adopt Resolution No. 2003-
2067, as amended to exclude video recordings from the
destruction list and reschedule video records destruction
for Council discussion. The motion carried by unanimous
voice vote.
L. Consider Resolution Authorizing the Sale of 284
Charles Street. Staff Recommendation: 1) Approve
Resolution No. 2003 -2070, authorizing the transfer of
284 Charles Street, Moorpark, California, to the
Moorpark Redevelopment Agency for subsequent sale to
the property owner of 661 Magnolia Street; and 2)
Direct the City Manager to request Reconveyance of the
City's interest in this property.
Mr. Riley stated he had this Item pulled to make
editorial corrections to the staff recommendation to
include verbiage requested by the escrow company to
authorize the Mayor and the City Manager to sign
documents required for the transfer of property.
MOTION: Councilmember Millhouse moved and Councilmember
Harper seconded a motion to: 1) Approve Resolution No.
2003 -2070, authorizing the transfer of 284 Charles Street,
Moorpark, California, to the Moorpark Redevelopment Agency
for subsequent sale to the property owner of 661 Magnolia
Street, as amended to authorize both the Mayor and the City
Manager to sign documents required for the transfer of
property; and 2) Direct the City Manager to request
Reconveyance of the City's interest in this property.
000080
Minutes of the City Council
Moorpark, California Page 26 March 19, 2003
11. ORDINANCES:
A. Consider Ordinance No. 292, an Ordinance of the City
of Moorpark, California, Amending Title 10, Vehicles
and Traffic, by Adding New Chapter 10.20, Skateboard,
Motorized Skateboard, Scooter, Motorized Scooter,
Roller Skate and In -Line Skate Regulations. Staff
Recommendation: Declare Ordinance No. 292 read for the
second time and adopted as read.
Ms. Traffenstedt read the title of Ordinance 292.
MOTION: Councilmember Harper moved and Councilmember
Mikos seconded a motion to waive further reading of
Ordinance No. 292. The motion carried by unanimous voice
vote.
MOTION: Councilmember Harper moved and Councilmember
Mikos seconded the motion to declare Ordinance No. 292 read
for a second time and adopted as read. The motion carried
by unanimous voice vote.
B. Consider
of MoorT
Chapter
Revenue
Ordinance No. 293, an Ordinance of the City
ark, California, Amending Section 3.16.050 of
3.16, Investment of City Funds, of Title 3,
and Finance. Staff Recommendation: Declare
Ordinance No. 293 read for the second time and adopted
as read.
Ms. Traffenstedt read the title of Ordinance 291.
MOTION: Councilmember Parvin moved and Councilmember
Harper seconded a motion to waive further reading of
Ordinance No. 293. The motion carried by unanimous voice
vote.
MOTION: Councilmember Parvin moved and Councilmember
Harper seconded the motion to declare Ordinance No. 293
read for a second time and adopted as read. The motion
carried by unanimous voice vote.
12. CLOSED SESSION:
None was held.
0000181L
Minutes of the City Council
Moorpark, California Paqe 27 March 19, 2003
13. ADJOURNMENT:
MOTION: Councilmember Harper moved and Councilmember
Mikos seconded a motion to adjourn. The time was 10:04 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
OOOOS2
MINUTES OF THE CITY COUNCIL
Moorpark, California April 9, 2003
A Special Meeting of the City Council of the City of Moorpark
was held on April 9, 2003, in the Community Center of said City
located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Hunter called the meeting to order at 6:45 p.m.
John Wozniak, former Councilmember, led the Pledge of
Allegiance.
2. ROLL CALL:
Present: Councilmembers Harper, Mikos, Millhouse,
Parvin, and Mayor Hunter.
Staff Present: Steven Kueny, City Manager; Hugh Riley,
Assistant City Manager; Ken Gilbert, Public
Works Director; Walter Brown, City Engineer;
David Bobardt, Planning Manager; Scott
Wolfe, Principal Planner; Deborah
Traffenstedt, Assistant to City Manager /City
Clerk, and Maureen Benson, Deputy City
Clerk.
3. PUBLIC COMMENT:
None.
4. PRESENTATION /ACTION /DISCUSSION:
A. Consider a Public Workshop to Discuss Potential
Alignments for State Route 23 North of New Los Angeles
Avenue. Staff Recommendation: 1) Open and close a
public workshop; and 2) Direct staff as appropriate.
Mr. Bobardt gave the staff report. He introduced
Samia Maximous from the Ventura County Transportation
Commission and Mel Hodges from Caltrans, as available
for questions.
In response to questions from Council, Mr. Bobardt
stated that the D Street Alternative is worthy of
000083
Minutes of the City Council
Moorpark, California Page 2
ril 9, 2003
further study to come up with a cost estimate; a
bridge over the flood control channel would be needed
for the D Street Alternative; an additional option for
consideration would be D Street /State Route (SR) -118
right of way across to Spring Road and then north to
connect to Walnut Canyon Road.
John Wozniak, a Moorpark resident and former
Councilmember, stated that the impacts to Spring Road
are of major concern to that neighborhood; in 1998,
the Morrison- Fountainwood- Agoura project (in the
Moorpark Highlands Specific Plan No. 2 area) was
approved with the stipulation that no trucks would be
allowed on Spring Road; moving the trucks from one
neighborhood street to another, does not solve the
problem; he concurred with Councilmember Millhouse's
suggestion for the Hybrid Alternative (D
Street /Alternative No. 4), placing the trucks north of
the city; he encouraged Councilmember Millhouse, who
chairs the Ventura County Transportation Commission,
to continue his efforts to get an alignment in the
State Transportation Improvement Program (STIP); and
in this way, some progress will be made to fix this
problem, not just move it.
In response to Councilmember Mikos, Mr. Wozniak
clarified that he was proposing use of the SR -118
corridor and part of Spring Road within Specific Plan
No. 2, for use by trucks, not Spring Road south of
Specific Plan No. 2.
In response to Mayor Hunter, Mr. Bobardt summarized
the key topography issue for the Hybrid Alternative to
be the steep grade from Princeton Avenue west to the
SR -23 bypass reservation, which is immediately west of
the houses along College Heights Drive.
Councilmember Harper stated that he does not like any
of the alternatives that use Spring Road to funnel
trucks north /south; it does not make sense to take the
well- designed Morrison Ranch Moorpark Highlands
Community (in Specific Plan No. 2) and then
immediately divert gravel trucks to their doorstep; if
the D Street Alternative can be done at any reasonable
cost, it comes the closest to alleviating the quarry
truck traffic problem, but does nothing for east /west
truck traffic through the City, which is a much larger
000084
Minutes of the City Council
Moorpark, California Page 3 April 9, 2003
problem; the D Street Alternative may be the best way
of dealing with truck traffic, unless it is totally
out of the city's ability to fund, even with County
and State assistance; and he supports staff's desire
to further study D Street.
Councilmember Millhouse stated that direction should
be given to staff to study two or three of the
alternatives to get price estimates; the City needs to
identify a project to get it into the system to be
considered by the VCTC and then the STIP; and he
stated the D Street Alternative has the downside of
going behind some existing houses, but that those
residents were aware of the identified corridor for
SR -23. He also stated it is important not to miss
this window of opportunity to select two or three
projects, scope out the cost, and decide which one to
recommend for the STIP and promote to the VCTC.
Councilmember Mikos stated that she had previously
been concerned with the approximately $23.9 million
dollar alternative through Crawford Canyon and then
extending along the west side of Happy Camp Canyon
Regional Park and through a section of farmland to
Broadway, because discussion indicated the City would
be funding the project. She stated when the right -of-
way for SR -23 was proposed in the early 1980's to be
located along the edge of Happy Camp Canyon Regional
Park, and the main entrance to that Park was supposed
to be at Broadway, she felt it made sense. She stated
she still feels that it is the best alignment, but
does not feel the City should pay for a temporary
roadway, not built to Caltrans' specifications, when
Caltrans and the State are supposed to be responsible.
She concurred it was worth looking at whether the
project could be included in the STIP and that the
City should look at more than one alternative. She
stated she does not prefer any of the alternatives
that go around Campus Park. She stated that all of
the options, except for the Grimes Canyon Road option,
either go around the perimeter or right through the
Pardee development in Specific Plan No. 2. She stated
she would like to hear from Caltrans, VCTC, or
Councilmember Millhouse on what to expect of the STIP
process, and how long before something would happen,
and that the Council needs to think about what to do
in the interim.
000085
Minutes of the City Council
Moorpark, California Page 4
April 9, 2003
Mr. Kueny suggested questions be directed to the
representative from Caltrans, especially regarding
concerns expressed about the route through the habitat
conservation area connecting to D Street or Crawford
Canyon. He went on to summarize the following options
for the Council to direct staff to study further:
• Alternate No. 5, utilizing D Street, running
along the easterly side of Specific Plan 2 and
continuing north to a Broadway extension.
• Hybrid Alternative identified by Councilmember
Milihouse, which would take the route from Spring
Road south through the Pardee development (in
Specific Plan No. 2 area) and then connect to the
D Street Alternative through use of the SR -118
bypass corridor.
• An option reducing Spring Road to only two -lanes
and then constructing two -lanes for the SR -23
bypass option along the east side of the Pardee
project (in Specific Plan No. 2 area) and
connecting the SR -23 bypass roadway to Broadway
and D Street.
• Re -visit the freeway -to- freeway (SR -23 to SR -118)
connection as described in the Charles Abbott
Associates report from several years ago, to see
if better cost projections can be formulated.
• Provide more specific information about the STIP
process since it is important to get into it
quickly. This will require more realistic cost
estimates, an identified project, and
identification of more specific environmental
concerns.
Councilmember Parvin confirmed, as a resident of the
Campus Park area, that she knew many years ago of the
plan for the route to pass by that location and hopes
the residents of that area are watching the meeting on
television and will want to participate in the
process. She requested that in the future, staff
provide elevations and maps of all the alternatives
for ease of distinction.
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ril 9, 2003
Councilmember Mikos suggested that an additional
exhibit be provided using different colors to
differentiate the alignments from each other. She
stated she is in favor of Mr. Kueny's suggestion to
re -visit the freeway -to- freeway connection, which
would eliminate the need for D Street.
Councilmember Harper stated that he is in favor of
looking at all of the alternatives and acknowledged
that the report needs to find a realistic way of
paying for any of the alternatives.
Councilmember Millhouse stated that Mr. Kueny's
suggestions were excellent and that he did not know
when cities will be asked to submit projects for the
STIP.
CONSENSUS: It was the consensus of the Council to accept
Mr. Kueny's recommendation to study: 1) The two D Street
alternatives; 2) The freeway -to- freeway connection; 3)
Reducing Spring Road within Specific Plan No. 2 area to
two lanes and then constructing a two -lane roadway within
the SR -23 bypass corridor; 4) Connecting the SR -23 bypass
roadway to an extension of Broadway; and 5) To direct staff
to provide specific information about the STIP process,
which will require realistic cost estimates, an identified
project, and identification of specific environmental
concerns.
Jim Bizzelle, Director of Community Development for
Pardee Homes, 1320 Flynn Road, Camarillo, stated that
they do not oppose any of the alignments and just want
the Council to direct staff to allow their project to
move forward for review of the Modification to their
tract map and for Residential Planned Development
(RPD) Permit approval.
Mayor Hunter cautioned that since the Tract Map
Modification and RPD Permit are not on the agenda, it
would not be possible to direct staff at this time.
Mr. Kueny stated that the City is not holding up any
processing of the Pardee project relative to this
decision; there are some issues regarding one
condition of the map that requires the applicant to
either pay a fee or to do the actual grading for the
State highway corridors; at some point in time the
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Minutes of the City Council
Moorpark, California Page 6 April 9, 2003
Council may have to make a judgment call, such as to
tell Pardee to go ahead and grade the SR -23 right -of-
way so that they can balance the dirt into their
project area, whether that road gets built or not, at
least a decision has been made to do it now rather
than later and at greater expense; and that this
decision regarding grading does not have to be made
this evening.
Mr. Bizzelle stated that Pardee would prefer to pay
the in -lieu fees versus grade the highway corridors.
Samia Maximous, from the Ventura County Transportation
Commission, clarified the STIP and VCTC project
process. She stated that now is the window of
opportunity to submit projects to the VCTC to be
eligible for the project list; letters from VCTC,
requesting project submissions for state highways,
will be mailed out in July to cities in Ventura
County; the list will be prioritized by VCTC, which
just needs a general description and targeted dollar
amount for the project; the list is then forwarded to
the State for the STIP; STIP projects are not
financially constrained and are viewed on their merit,
in regard to how much congestion is eliminated; the
STIP is more structured and requires a project
document, which goes through certain studies in order
to get on their list; funding availability is
generally $15 -20 million dollars each STIP cycle;
currently there is no advance funding as the State is
behind in funding even with the current STIP list; and
perhaps, in the next few years, as the economy
improves, it will be of benefit to already have a
project on the STIP list.
In response to Council questions, Ms. Maximous stated
that this is a very new process to the VCTC and not
all criteria have been developed for prioritizing; one
of many variables for consideration would be how much
congestion is removed by any alternative route; Senate
Bill 45 makes VCTC the funding agency holding and
disbursing the funds, rather than Caltrans; STIP is
only one resource for funding; and there may also be
other Federal truck programs or grants available.
Mel Hodges, from Caltrans, stated that 750 of all
funds coming into Los Angeles and Ventura Counties go
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Minutes of the City Council
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April 9, 2003
to either the Metropolitan Transportation Authority
(MTA) in Los Angeles or the VCTC in Ventura County for
regional funding; 25% of the funds go to Caltrans for
inter - regional funding; once VCTC has identified
projects and established a list, they will work with
Caltrans; Caltrans will do a Feasibility Study and
prepare a Project Study Report (PSR), which is
required prior to receipt of any STIP funding; the PSR
includes the scope, cost, schedule, and resources
needed for the project; depending on the size and
complexity of a project, a minimum of at least one
year is needed to develop the PSR; a Feasibility Study
may need to be done, since the city's proposal
involves a state highway realignment; it is important
to work with Caltrans to make sure all state highway
standards are met; the current funding cycle for STIP
2004 has already passed; and the next cycle is for
2006.
In response to questions from Council, Mr. Hodges
stated that the 25% funding Caltrans gets to use on
inter - regional projects would be allocated to roadway
connections to major urban centers; VCTC and Caltrans
would have to make the determination whether a project
is inter - regional; through the PSR, it may be possible
to have shared funding; Walnut Canyon Road does not
currently meet Caltrans standards, but all future
state routes must meet the current standards;
acceptable non - standards may apply where there are
environmental impacts, extreme cost, or right -of -way
issues; even a temporary roadway with a life
expectancy of ten years, which is considered to be
part of the state highway system, would have to meet
the current Caltrans standards; Caltrans standards are
available on the internet; and he will provide staff
with a contact phone number for Caltrans' advanced
Planning and Feasibility Studies Unit.
Councilmember Mikos asked staff, when looking at the
interim roadway for the freeway -to- freeway
alternative, to take into consideration the entrance
to the park so it is not impaired for the trail
connection from the Pardee development to Happy Camp
Canyon Regional Park.
Mr. Kueny asked Council if they wished to waive rules
to hear from late speakers.
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ril 9, 2003
CONSENSUS: It was the consensus of the Council to waive
rules to hear from late speakers.
Cathy Aiwazian, a Moorpark resident, stated that she
encourages the Council to look at the Pardee project
as it was originally approved without truck traffic on
Spring Road.
David Schwabauer, a Moorpark resident, asked if the
connection to Broadway could be designed to avoid
bisecting his agricultural property. He also asked
that he and other property owners outside the city, in
the affected area, be notified of any future hearings
on this matter.
Mayor Hunter asked staff to make sure to notice those
affected property owners.
5. ADJOURNMENT:
MOTION: Councilmember Harper moved and Councilmember Mikos
seconded a motion to adjourn. The motion carried by
unanimous voice vote. The time was 7:50 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
000090
MINUTES OF THE CITY COUNCIL
Moorpark, California May 7, 2003
A Special Meeting of the City Council of the City of Moorpark
was held on May 7, 2003, in the Community Center of said City
located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Hunter called the meeting to order at 5:45 p.m.
2. ROLL CALL:
Present: Councilmembers Harper, Mikos, Millhouse,
Parvin, and Mayor Hunter.
Staff Present: Steven Kueny, City Manager; Joseph Montes,
City Attorney; Hugh Riley, Assistant City
Manager; Ken Gilbert, Public Works Director;
Barry Hogan, Community Development Director;
and Deborah Traffenstedt, Assistant to City
Manager /City Clerk.
3. PUBLIC COMMENT:
None.
4. CLOSED SESSION:
Mr. Kueny announced that the City Council would be going
into closed session for discussion of two cases under Item
4.B., and Items 4.C., 4.D., 4.E., and 4.F.
MOTION: Councilmember Harper moved and Councilmember
Millhouse seconded a motion to adjourn to closed session
for a discussion of two cases under Item 4.B., and Items
4.C., 4.D., 4.E., and 4.F. The motion carried by unanimous
voice vote. The time was 5:46 p.m.
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c)
of Section 54956.9 of the Government Code: (Number of
cases to be discussed - 4)
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Minutes of the City Council
Moorpark, California Page 2 May 7, 2003
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 512 -0- 082 -030, Moorpark, CA 93021
Agency Negotiator: Steven Kueny, City Manager
Negotiation Parties: The City of Moorpark and Daly
Owens Group
Under Negotiation: Price and terms of payment.
D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Administrative Services Director, Assistant
City Manager, Assistant to City Manager /City Clerk,
Chief of Police, City Attorney, City Engineer, City
Manager, Community Development Director, Community
Services Director, and Public Works Director.
E. 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
F. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)
Agency Designated Representative: Steven Kueny
Unrepresented employees: Accountant I, Administrative
Services Director, Assistant City Manager, Assistant
to City Manager /City Clerk, Budget and Finance
Manager, Community Development Director, Community
Services Director, Information Systems Manager,
Planning Manager, Principal Planner, Public Works
Director, Recreation Manager, and Senior Management
Analyst.
Present in closed session were Councilmembers Harper,
Mikos, Millhouse, Parvin, and Mayor Hunter; Steven Kueny,
City Manager; Joseph Montes, City Attorney; Hugh Riley,
Assistant City Manager; Ken Gilbert, Public Works Director;
Barry Hogan, Community Development Director; and Deborah
Traffenstedt, Assistant to City Manager /City Clerk. Mr.
Gilbert left the meeting at 6:30 p.m.
The Council reconvened into open session at 6:42
Kueny stated that two cases under Item 4.B.,
4.C., 4.D., 4.E., and 4.F. were discussed and
was no action to report.
p.m. Mr.
and Items
that there
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Minutes of the City Council
Moorpark, California Paqe 3 Mav 7. 2003
6. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 6:42 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
000093