HomeMy WebLinkAboutAGENDA REPORT 2003 0820 CC REG ITEM 10Ati_ ., ORT, q A ITEM 10. A.
S o)MINUTES OF THE CITY COUNCIL
Moorpark, California May 1, 2002
A Regular Meeting of the City Council of the City of Moorpark
was held on May 1, 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 6:54 p.m.
2. INVOCATION:
Pastor Tony Amatangelo, Life Spring Community Church, gave
the invocation.
3. PLEDGE OF ALLEGIANCE:
Councilmember Millhouse led the Pledge of Allegiance.
4. ROLL CALL:
Present: Councilmembers Harper, Mikos, Millhouse,
Wozniak and Mayor Hunter
Staff Present: Steven Kueny, City Manager, Joseph Montes,
City Attorney; Hugh Riley, Assistant City
Manager; Ken Gilbert, Director of Public
Works; Mary Lindley, Director of Community
Services; Dana Shigley, Director of
Administrative Services; Walter Brown, City
Engineer; Captain Robert Le May, Sheriff's
Department; Dave Bobardt, Planning Manager;
Deborah Traffenstedt, Acting Community
Development Director /Assistant to the City
Manager /City Clerk; and LaDell VanDeren,
Deputy City Clerk.
5. PROCLAMATIONS AND COMMENDATIONS:
A. Proclamation Acknowledging the Month of May as
Veteran's Appreciation Month.
Mayor Hunter read the Proclamation and presented it to
Councilmember Wozniak on behalf of all Veterans in
Moorpark.
Minutes of the City Council
Moorpark, California Page 2 May 1, 2002
6. PUBLIC COMMENT:
In response to Mayor Hunter, Ms. Traffenstedt stated that
there is one public speaker who wishes to provide an
informational handout to the Council.
CONSENSUS: It was the consensus of the Council to waive Rules
of Procedure and receive the late information from Ms.
Hollister.
Cindy Hollister, a Moorpark resident, addressed the Council
in regard to correspondence received from the City granting
a 30 -day extension for complying with the Municipal Code in
locating a travel trailer on her property. She stated that
there is confusion on her part as to what plans she must
submit to the City in order to comply with the necessary
permits associated with her request and whether or not her
item should be placed on a future City Council agenda for
resolution.
In response to Mayor Hunter, Ms. Traffenstedt stated that
as a structure, the mobile home is required to have a Zone
Clearance and a Building Permit. Ms. Traffenstedt
suggested that staff meet with Ms. Hollister to clarify the
procedure.
Mr. Kueny stated that after meeting with staff and
confirming the requirements, if Ms. Hollister is still not
satisfied, she could request that her item be placed on the
City Council agenda. He also stated that staff will not be
requiring anything that is not consistent with Council's
previous direction regarding her situation and the
Municipal Code.
Ms. Hollister agreed to meet with staff as recommended.
AT THIS POINT in the meeting, the City Council recessed to
convene a meeting of the Moorpark Redevelopment Agency. The
time was 7:20 p.m. The City Council reconvened at 7 :25 p.m.
7. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
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Moorpark, California Page 3 May 1, 2002
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Mikos, an Advisory Committee Member on the
Santa Monica Mountains Conservancy Board, announced that
the city of Moorpark had received a compliment during a
recent meeting of the Conservancy Board from a consultant
who had worked with the City and found the interaction to
be very positive.
Councilmember Mikos stated that she and Ken Gilbert
attended a Town Hall meeting at Simi Valley City Hall on
Saturday, April 27th, hosted by Assemblyman Keith Richmond,
M.D., where wastewater treatment and chloride TMDL's were
discussed.
Mayor Hunter announced upcoming City sponsored teen events.
9. PUBLIC HEARINGS:
A. Consider Zoning Ordinance Amendment No. 2002 -1, An
Amendment to Ordinance No. 195 "Carlsberg Specific
Plan Land Use Regulations and Minor Modification No. 4
to Carlsberg Specific Plan (SP 92 -1), Regarding
Lighting Standards, on the Application of Zelman
Retail Partners, Inc. Staff Recommendation:l) Open
the public hearing, accept public testimony, discuss
issues identified in the agenda report, and close the
public hearing; 2) Adopt Resolution No. 2002 -1967,
approving Minor Modification No. 4 to the Carlsberg
Specific Plan, subject to conditions of approval; and
3) Introduce Ordinance No. 280 for first reading,
amending Sections 8119 -5.4 and 8119 -6.5 of Ordinance
No. 195.
Mr. Bobardt gave the staff report.
In response to Councilmember Mikos, Mr. Bobardt stated
that when Tom Doyle, the City's contract electrical
engineer, reviewed the plans, he noted that the
difference between a loo and a 15% tolerance in
measured foot - candles, as requested by the applicant,
would not be perceptible to the eye.
In response to Councilmember Mikos, Mr. Bobardt stated
that Mr. Doyle stated that it is reasonable to expect
some off -site spillover with the 5% differential.
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Moorpark, California Page 4 May 1, 2002
In response to Councilmember Millhouse's question
regarding whether difference in the lighting variation
would be perceptible on a cumulative basis, Mr.
Bobardt deferred to the applicant's architect.
In response to Councilmember Harper, Mr. Bobardt
stated that the PRM2 lighting fixture, which uses a
400 -watt metal halide bulb, is recommended for use in
the parking lot.
Councilmember Harper requested that the coloration of
the lighting be reviewed and expressed a concern about
the blue coloration of some lighting in the City.
Mayor Hunter opened the public hearing.
Brian Wolfe, 111 W. Ocean Avenue, Long Beach,
architect for the proposed project, stated that the
applicant requested a 15% variance, versus a 100
variance because the lighting consultant agreed that
15% is acceptable for the project; the cumulative
impact will be extremely difficult for the human eye
to perceive; the evenness of the illumination and the
ratio of minimum to maximum is better than what the
Municipal Code requires; the applicant prefers the
metal halide light coloration for shopping centers
because it is a true, full spectrum lighting level;
and the blue coloration of lights seen elsewhere in
the City, is probably produced by mercury vapor lights
and not the metal halide lights that are proposed for
this shopping center. He stated that Robert Exel, of
Zelman Retail Partners, Inc. is available for
questions.
In response to Councilmember Harper's concerns
regarding the temperature of the lighting when it
reaches approximately 4,000 Kelvins, Mr. Wolfe stated
that he would determine the temperature to make sure
it was at 3,000 Kelvins or below, for a more subdued
look.
Councilmember Mikos agreed with Councilmember Harper's
concern about the overall effect of the lighting for
the center.
Minutes of the City Council
Moorpark, California Page 5
May 1, 2002
In response to Mayor Hunter, Mr. Wolfe stated that the
light poles will rest on a six -inch base in a
landscape planter, which complies with the City's
requirements.
Mayor Hunter closed the public hearing.
Mr. Kueny stated that, if the Council wants staff to
address the issue of the light temperature, staff
recommends that it be placed in the Minor Modification
conditions and the subject can also be addressed
during the comprehensive review of the lighting
section of the Municipal Code when it comes to the
Council for their consideration.
Councilmember Harper concurred with this
recommendation and stated that the condition should
state that the color temperature of the lighting
fixtures will be approved by the Planning Director and
that this does not need to come back to the Council
for approval.
Councilmember Harper stated that he would provide an
exhibit to staff to guide them in determining the
color temperature; the color temperature of light
fixtures should be considered as a standard Condition
of Approval for all projects in the future; however,
to avoid delaying this project, the approval of the
color temperature issues could be performed at staff
level.
Ms. Traffenstedt stated that the Planning Commission
has requested that staff present all Chapters on
Lighting Regulations to them; staff has presented the
specific amendments for this project, in order to
avoid delay; the Planning Commission wants to review
the entire Ordinance; and the issue of Kelvins would
be appropriate for that review, in case additional
regulation needs to be incorporated into the Zoning
requirements.
In response to Mayor Hunter, Councilmember Harper
stated that he wants to see the staff -level approval
of the color temperature of the lights be included for
this project.
Minutes of the City Council
Moorpark, California Page 6 May 1, 2002
Mayor Hunter re- opened the public hearing to hear from
Mr. Wolfe.
Mr. Wolfe stated that the applicant agrees with the
intent of the condition and will comply.
Mayor Hunter re- closed the public hearing.
Councilmember Mikos expressed concern regarding the
15% variance factor and asked if the Council would
consider splitting the difference between 10% and 150
to make it 12.5% variance factor.
Councilmember Harper responded by stating that the
average human eye cannot distinguish the difference,
even if the cumulative effect is increased to 20%.
MOTION: Councilmember Harper moved and Councilmember Mikos
seconded a motion to adopt Resolution No. 2002 -1967 with an
additional condition of approval that the color temperature
of the light fixtures be measured and the appropriate
Kelvin temperature be determined and approved at the staff
level. The motion carried by unanimous voice vote.
Mr. Montes read the title of Ordinance No. 280.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to waive further reading of
Ordinance No. 280. The motion carried by unanimous voice
vote.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to declare Ordinance No. 280
introduced for first reading. The motion carried by
unanimous voice vote.
B. Consider General Plan Amendment No. 2001 -01, Zone
Change No. 2001 -01, Tentative Tract Map No. 5307,
Residential Planned Development No. 2001 -01 and
Variance No. 2002 -01, a request for a Change in Land
Use Designation from S (Schools) to VH (Very High
Density) Residential, Zone Change from R -2 (Two Family
Residential) to RPD 9 Dwelling Units /Acre, a 22 -Lot
Single Family Residential Subdivision, and a Variance
to Allow an 11.5 -Foot High Sound Wall on Property
Located at the Northeast Corner of Flory Avenue and
Los Anqeles Avenue, on the Application of Colmer
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Moorpark, California Paqe 7
Mav 1, 2002
Development Company. Staff Recommendation: 1) Open
the public hearing, accept public testimony, and close
the public hearing; 2) Consider the proposed Mitigated
Negative Declaration to ensure that it adequately
addresses the impacts of the proposed residential
project prior to approval; 3) Adopt Resolution No.
2002 -1968 approving General Plan Amendment No. 2001-
01; 4) Introduce Ordinance No. 281 for first reading
Approving Zone Change No. 2001 -01; and 5) Adopt
Resolution No. 2002 -1969 approving Tentative Tract Map
No. 5307, Residential Planned Development No. 2001 -01,
and Variance No. 2002 -01 subject to conditions of
approval, and including modification of TTM Condition
No. 80 and deletion of RPD Condition No. 17.c.
Councilmember Wozniak stated he would be absent for
discussion of Item 9.B., due to a potential conflict
of interest pertaining to his employer, the Moorpark
United School District, being the property owner.
AT THIS POINT in the meeting Councilmember Wozniak left the
dais. The time was 7:35 p.m.
Ms. Traffenstedt introduced contract planner, Joyce
Parker - Bozylinski, who gave the staff report. Ms.
Parker - Bozylinski stated that one new condition needs
to be added to the project to require the applicant to
pay for "No Parking" signs where needed along Flory
Avenue.
In response to Mayor Hunter, Ms. Parker - Bozylinski
stated that the applicant has been provided with a
copy of the revised conditions of approval.
In response to Councilmember Millhouse, Ms. Parker -
Bozylinski stated that the applicant is required to
install landscaping and irrigation south of the
property line wall in the area not required for street
improvements and sidewalk.
In response to Mayor Hunter, Mr. Gilbert stated that
the existing wall, east of Millard Street, is 10 -feet
high.
In response to Mayor Hunter, Ms. Parker - Bozylinski
stated that proposed maximum 11.5 -foot wall height for
this project would be on only a few lots.
Minutes of the City Council
Moorpark, California Page 8 May 1, 2002
Mayor Hunter opened the public hearing.
Wayne Colmer, Colmer Development Company, 5000 Parkway
Calabasas, Suite 110, Calabasas, gave an overview of
the in -fill project. He stated that For Sale
Agreements have been executed with the School District
to offer these homes for sale to school employees
prior to offering them to the general public; he
expressed concerns regarding three of the Conditions
of Approval: 1) Condition No. 26 charges a $7,500 fee
to prepare an Affordable Housing Agreement, which is
inconsistent with what other developers are asked to
pay; 2) Condition No. 115 was deleted by the Planning
Commission, but still appears in this report; and 3) a
revised Condition No. 24, delivered tonight, requires
that the same amenities be included in the affordable
units as in the market rate units, when there is not
enough space to accommodate a fireplace and an indoor
laundry room in the affordable units.
John Newton, 165 High Street, #103, Moorpark,
representing the applicant, discussed his involvement
in the project.
In response to Council, Mr. Colmer stated that in
Condition No. 24, he is only objecting to the
requirement for the amenities; the type of wall to be
installed along Los Angeles Avenue is split -face,
which discourages graffiti, vines will be planted
along the wall, and trees will be placed in front of
the wall; the affordable units are designed to be
architecturally compatible with the market rate units;
and he has reviewed all of the other revisions to
conditions and is agreeable to them.
In response to Mayor Hunter's question regarding the
$7,500 fee in Condition No. 26, Mr. Kueny stated that
each project is unique; the first project approved,
receives the lower fee; and hopefully, the issue can
be avoided by reaching an agreement to sell the
affordable units to the City, alleviating the
requirement for Colmer Development to pay the fee for
the Affordable Housing Agreement. He also stated that
if the City does not buy the units, the fee is an
accurate representation of the cost and should cover
Minutes of the City Council
Moorpark, California Page 9 May 1, 2002
what it costs the City to prepare the Affordable
Housing Agreement.
Councilmember Millhouse stated that if
trying to encourage affordable housing, c
taken on how the developers are charged.
would be inclined to move the rate down
amount not to exceed whatever cost
determines is acceptable.
the City is
:are should be
He stated he
to a maximum
the Council
In response to Mayor Hunter, Mr. Colmer stated that
there should be some way for developers to pool their
resources to get the Affordable Housing Agreement done
with enough flexibility that each developer can insert
the unique characteristics of their project without
paying for a whole new agreement. He stated that he
would like to see the City come up with a total cost
to share among all of the developers.
The Council concurred with Mayor Hunter's suggestion
that since this is a very difficult piece of property
to develop and this is a small project with only three
affordable units, it would seem reasonable to charge a
fee not to exceed $2,500 for the agreement.
Mr. Colmer agreed to that amount.
In response to Councilmember Harper, Mr. Colmer stated
that the negotiations for acquiring the land adjacent
to this project from the Redevelopment Agency, as
proposed by the Planning Commission, involves legal
resolution prior to moving forward.
In response to Councilmember Harper, Mr. Kueny stated
that it is in everyone's best interest to work out an
arrangement for Colmer Development to purchase the
adjacent property; however, there are timing issues,
such as the approval time for a revised subdivision
map, residential planned development, zone change, and
general plan amendment for that property. He
confirmed that Mr. Colmer has generously offered to
provide his architectural plans for the construction
of the additional units in case he is not the builder.
Mr. Colmer stated that he has no problem giving the
plans to the City; however, there may be a re -use fee
due to the architect for his plans.
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Minutes of the City Council
Moorpark, California Paqe 10 May 1, 2002
In response to Mayor Hunter, Mr. Kueny stated that
staff confirms that the Planning Commission did
recommend deletion of Condition No. 115. He
recommended that the City Engineer provide the
reasoning for that deletion.
Mr. Brown stated that Condition No. 115 was originally
included when the project was to construct a through
street connecting Flory Avenue to Millard Street, and
there is no longer a reason to require improvements to
the storm drain facility.
The Council concurred to eliminate Condition No. 115.
A discussion among the Council, staff, and the
applicant followed regarding the deletion of the
fireplace and an inside laundry room for the
affordable units as required in Condition No. 24. It
was the concurrence of the Council to keep the staff
language in the condition for all other amenities,
excluding the fireplace and inside laundry room for
all three affordable units.
Mr. Colmer concurred with those changes.
In response to Councilmember Mikos, Mr. Colmer stated
that the timeline for starting construction of this
project is dependent upon the completion of the
Federal Emergency Management Agency (FEMA) Floodplain
elevations; and that Catholic Charities would have to
move approximately 30 -60 days after that approval.
Councilmember Mikos requested that if this item is
approved, the Council Ad Hoc Committee should meet
soon to explore all of the options available for
relocating Catholic Charities.
Mr. Kueny requested that the standard Assessment
District condition be added to the project, which
would require the applicant to form the District and
pay a fee prior to selling any of the lots. He stated
that the when the wall along Los Angeles Avenue is
constructed, it is possible to have a garden wall in
front of it; and that a condition will be added, based
upon the approval of a Resolution by the City Council,
prohibiting parking on the east side of Flory Avenue,
Minutes of the City Council
Moorpark, California Page 11
Mav 1, 2002
that the developer will be obligated to post "No
Stopping" signs.
In response to Mr. Kueny, Mr. Colmer confirmed that
they will be redesigning the parking lot where the
police station is currently located; and that the two
other conditions Mr. Kueny described are acceptable.
Councilmember Millhouse, as a member of the Catholic
Charities Ad Hoc Committee, stated that the committee
is cognizant of the changes taking place.
Councilmember Harper stated that the City needs to
become involved in the FEMA map issue to expedite the
process.
Mr. Kueny stated that the County Flood Control
District representative, as the official
representative dealing with FEMA, has been invited to
attend the scheduled joint City Council /Planning
Commission meeting to participate in discussion of
this issue.
MOTION: Councilmember Harper moved and Councilmember Mikos
seconded a motion to adopt Resolution No. 2002 -1968
approving General Plan Amendment No. 2001 -01. The motion
carried by voice vote 4 -0, Councilmember Wozniak absent.
MOTION: Councilmember Mikos moved and Councilmember Harper
seconded a motion to adopt Resolution No. 2002 -1969
approving Tentative Tract Map No. 5307, Residential Planned
Development No. 2001 -01, and Variance No. 2002 -01 subject
to conditions of approval, including modification of TTM
Condition No. 80, deletion of RPD Condition No. 17.c.,
modifications to RPD Condition Nos. 24 and 26, deletion of
RPD Condition No. 115; the addition of the standard
Assessment District condition, and the condition to post
the "No Parking" signs on Flory Avenue. The motion carried
by voice vote 4 -0, Councilmember Wozniak absent.
Mr. Montes read the title of Ordinance No. 281.
MOTION: Councilmember Mikos moved and Councilmember Harper
seconded a motion to waive further reading of Ordinance No.
281. The motion carried by voice vote 4 -0, Councilmember
Wozniak absent.
Minutes of the City Council
Moorpark, California Page 12 May 1, 2002
MOTION: Councilmember Mikos moved and Councilmember Harper
seconded a motion to declare Ordinance No. 281 introduced
for first reading. The motion carried by voice vote 4 -0,
Councilmember Wozniak absent.
AT THIS POINT in the meeting a recess was declared. The time
was 8:17 p.m. The meeting reconvened at 8:34 p.m.
Councilmember Wozniak returned to the dais at this time.
10. PRESENTATION /ACTION /DISCUSSION:
A. Consider Status Report on Ventura Council of
Governments (VCOG) Staffing and Budget Options.
(Continued from City Council meeting of April 17,
2002) Staff Recommendation: Continue VCOG Membership.
Mr. Kueny gave the staff report. He acknowledged
additional information gained from a meeting of VCOG,
which was held after the publication of this agenda,
and which has been provided to Council.
Mayor Hunter stated that he is willing to continue his
membership in VCOG, which will meet quarterly; the
annual budget will not exceed $76,500; the City's dues
will be approximately $3,900; the City of Fillmore has
indicated by letter, their intention to withdraw from
VCOG; and he intends to closely monitor the City's
participation and VCOG's ability to achieve their
goals in the next fiscal year.
Councilmember Mikos stated that she supports keeping
VCOG as a means for discussion of the big picture
items in the County; and that having quarterly
meetings should be more productive.
Councilmember Millhouse stated he is in favor of
continuing VCOG membership and would like to see an
east county organization formed, which would take
local geographic needs into consideration.
Mayor Hunter concurred that an east county
organization would be beneficial.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
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Moorpark, California Page 13 May 1, 2002
MOTION: Councilmember Harper moved and Councilmember Mikos
seconded a motion to continue Ventura Council of Government
membership. The motion carried by unanimous voice vote.
B. Consider Rescheduling of Joint City Council and
Planning Commission Meeting. Staff Recommendation:
Direct staff to reschedule the joint City Council and
Planning meeting for May 8, 2002, at 6:30 p.m.
Ms. Traffenstedt gave the staff report.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
CONSENSUS: It was the consensus of the Council to direct
staff to reschedule the joint City Council and Planning
Commission meeting for May 8, 2002, at 6:30 p.m.
C. Consider Appointment of City Council Ad Hoc Committee
for Development Agreement with USA Properties Fund,
Inc. (USA). Staff Recommendation: Appoint an Ad Hoc
Committee.
Mr. Kueny gave the staff report.
Councilmembers Harper and Mikos volunteered to serve
on the committee.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
CONSENSUS: It was the consensus of the Council to appoint
Councilmembers Harper and Mikos to serve on the Ad Hoc
Committee for Development Agreement with USA Properties
Fund, Inc.
D. Consider Recommendation of the Aquatic Facility Ad Hoc
Committee to Postpone the Project. Staff
Recommendation: Accept the Aquatic Facility Ad Hoc
Committee's recommendation to postpone future action
on the design of the Community Aquatic Facility.
Ms. Lindley gave the staff report.
Councilmember Harper, as a committee member, stated
that he has discussed the issue with Dr. Walker at
Minutes of the City Council
Moorpark, California Page 14 May 1, 2002
Moorpark College and that the College is interested in
working with the City to develop the aquatic facility.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
Mayor Hunter requested this item return to Council as
a status report, within 30 -days, to discuss what is
learned after meeting with Moorpark College.
CONSENSUS: It was the consensus of the Council to postpone
future action on the design of the Community Aquatic
Facility and to schedule a status report on the discussions
with Moorpark College for the first meeting in June 2002.
E. Consider Adoption of 2002 Legislative Program. Staff
Recommendation: Adopt the 2002 Legislative Program.
Mr. Riley gave the staff report.
Mayor Hunter stated that he wants to continue an
aggressive and proactive Legislative Program as it is
• very important vehicle to use to advocate or oppose
• particular piece of legislation using the broad
topics in the program, which are written in such a way
that enables Council to draft letters in a timely
manner.
Councilmember Mikos stated that she supports the
concept of the program. She requested that stress
related injuries /illnesses be deleted from Item F.
under Labor Relations.
Mr. Kueny stated that the wording of Item F. is
modeled after the League of California Cities, which
puts limits on what can be claimed for stress related
issues under Workers' Compensation.
Ms. Traffenstedt stated that there are already
specific provisions and limits placed on stress
related issues pursuant to law; and that the City's
Workers' Compensation insurance carrier keeps the City
informed of all legal requirements with regard to
claims.
Councilmember Mikos stated that she was reassured by
the explanation on these limits.
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Moorpark, California Page 15 May 1, 2002
Councilmember Mikos stated that she would like wording
added to Item B. under Transportation to expand the
interpretation by emphasizing local public transit
systems, streets and roads, and other transportation
facilities or improvements.
Mayor Hunter stated that the only problem with being
that specific is that the more narrowly the program is
written, the more likely staff will have to return to
Council for authorization to send a letter.
Councilmember Harper recommended expanding the
language rather than narrowing it by using the words
"local transportation, transportation systems ", which
would include mass transit, light rail, etc.
Councilmember Mikos concurred with that language.
In response to Councilmember Mikos' request to add a
clause to Item A. under Environment to ensure
continued public participation, Mr. Kueny suggested
adding "and maintain public participation ", which
would be interpreted as not eroding the public
participation that already exists.
Councilmember Mikos concurred.
In response to Councilmember Mikos' concern regarding
reducing or eliminating local government Superfund
liability in Item C. under Environment, Mr. Kueny
stated that it is not the intent of this item to
eliminate culpability, but is related to landfill
cases where some cities have been severely impacted.
Councilmember Millhouse concurred with Councilmember
Mikos' concern on the issue of the Superfund liability
and recommended adding the verbiage, "as long as there
is no direct local responsibility for violations."
Councilmember Wozniak suggested leaving the language
in Item C as written since if a party is responsible,
they will be named in a lawsuit anyway.
Councilmembers Mikos and Millhouse recommended
changing the language.
Minutes of the City Council
Moorpark, California Page 16 May 1, 2002
Mr. Kueny stated that staff looks at these issues with
regard to the impact to the city of Moorpark and would
not send a letter if the City is not impacted.
Mr. Montes stated that the typical area where problems
could arise would be in the area of a city's
responsibility for providing a trash franchise to pick
up the trash and whether the trash is delivered to a
proper facility.
Councilmember Millhouse stated that there are three
categories of Superfund liability where you are
either: 1) an owner /operator of a trash site; 2) a
generator of trash; or 3) a transporter of trash to
the site. He continued by stating that the area of
concern is when a city is the owner /operator of a
landfill and the liability is at its greatest. The
solution would be to insert language for local
government "owner /operator" Superfund liability.
Mayor Hunter and Councilmember Mikos concurred with
that change.
In response to Councilmember Mikos' concern that
streamlining in Item D under Environment would mean
that clean air targets would not be met, Councilmember
Harper recommended adding general language reflecting
"without jeopardizing clean air quality."
Councilmember Mikos concurred.
Councilmember Mikos stated that in regard to Local
Government Financing, she would like to support
legislation that would explore revising the sales tax
distribution to help with revenue and better serve the
smaller cities.
Mr. Kueny stated that he would recommend against that,
as it is a subject that should be brought back to
Council due to specific impacts where smaller cities
would actually be subsidizing large /older cities that
may have a more established tax base.
Councilmember Mikos stated that exploring other
alternatives for improving the city of Moorpark's
situation should be a priority.
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Moorpark, California Paqe 17 May 1, 2002
Councilmember Harper concurred with Councilmember
Mikos' recommendation to explore ways of influencing
legislators to gain equitable sharing of the sales tax
revenues. He cited, for example, the local
Assemblyman's request for items to carry forward to
Sacramento.
Mayor Hunter requested that language in Item M. under
Local Government Finance be clarified, by adding after
the word authorizes, "a ballot measure to restore."
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
CONSENSUS: It was the consensus of the Council to adopt
the 2002 Legislative Program, as amended.
F. Consider Report from Zelman Ad Hoc Committee regarding
Pylon Sign Height and Location Entry Treatments. Staff
Recommendation: Direct staff as deemed appropriate.
Mr. Kueny stated that the applicant has modified the
proposal for the pylon sign, moving away from the off -
site sign due to Caltrans restrictions; they are now
considering on -site signage at the northeast corner of
the site; and the Ad Hoc Committee has requested that
the applicant prepare more specific information for
consideration at the committee meeting next week.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
CONSENSUS: It was the consensus of the Council not to take
action until the Ad Hoc Committee meets with the applicant
to consider the new information.
11. CONSENT CALENDAR:
MOTION: Councilmember Wozniak moved and Councilmember Harper
seconded a motion to approve the Consent Calendar. The motion
carried by unanimous roll call vote.
A. Consider Approval of Minutes of Regular Meeting of
October 17, 2001.
Minutes of the City Council
Moorpark, California Page 18 May 1, 2002
Consider Approval of Minutes of Special Meeting of
April 10, 2002.
Staff Recommendation: Approve minutes as processed.
B. Consider Approval of Warrant Register for Fiscal Year
2001 -2002 - May 1, 2002.
Manual Warrants 109078 - 109081 $ 12,461.65
109186 - 109191 $ 1,927.52
Voided Warrants 107267 & 108701 & $ (1,363.81)
108861 & 109081 &
109191 & 109207 &
109208
Payroll Liability 109192 - 109199 $ 11,534.25
Warrants
Regular Warrants 109082 - 109185 & $ 23,166.36
109200 - 109238 $473,473.62
Staff Recommendation: Approve the warrant register.
C. Consider a Request for the Release of Sureties for
Improvements Associated with Tract 4980, Residential
Planned Development No. 98 -06, Specific Plan No. 92-
01. Staff Recommendation: Authorize the City Clerk to
release surety #SD00100544 for $34,500.00.
D. Notice of Completion for the New Los Angeles Avenue
Bridge Widening Project. Staff Recommendation: Accept
the work as completed and adopt Resolution No. 2002-
1970. (ROLL CALL VOTE REQUIRED)
E. Consider License Agreement with Tri Valley Roller
Hockey League. Staff Recommendation: Approve a License
Agreement with Tri Valley Roller Hockey League, and
authorize the City Manager to execute the Agreement on
behalf of the City.
F. Consider Plans and Specifications for City Hall Annex
Generator Connection and Award a Contract to Venco
Electric. Staff Recommendation: 1) Approve the design
plans for the City Hall Annex back -up power system; 2)
Award a contract to Venco Electric, at a cost not to
Minutes of the City Council
Moorpark, California Page 19 May 1, 2002
exceed $9,680; and 3) Authorize the City Manager to
execute said contract on behalf of the City and
approve the use of energy conservation measure monies
in the FY 2001/02 budget for the generator project.
G. Consider Authorizing the Use of $20,000 in Community
Development Block Grant (CDBG) Funds Previously
Allocated to the Boys & Girls Club for Roof /Ceiling
Repairs to the Club's Teen Center. Staff
Recommendation: Authorize the use of $20,000 (FY 2000-
2001), previously allocated to the Boys and Girls Club
for window replacement in the gym, for roof and
ceiling repairs for the Teen Center.
H. Consider Amending Previously Approved California Law
Enforcement Equipment Program ( CLEEP) Expenditures.
Staff Recommendation: Approve said modifications to
the purchasing of the listed equipment with the
mentioned CLEEP funds as contained in the agenda
report.
I. Consider Granting Additional Administrative Leave to
Designated Employees. Staff Recommendation: Approve
granting of additional administrative leave consistent
with the agenda report.
J. Consider Approval of Plans and Specifications, Award a
Contract, and Adopt a Budget Resolution for the
Construction of the Restroom / Concession / Storage
Facility at Arroyo vista Community Park. Staff
Recommendation: 1) Approve the plans and
specifications for the construction of the restroom
facility; 2) Award a contract to Tasco Construction,
Inc. for $263,538; and 3) Adopt Resolution No. 2002-
1971, appropriating an additional $171,000 to the
project from the Park Improvement Fund - Community
Zone. (ROLL CALL VOTE REQUIRED)
12. ORDINANCES:
None.
13. CLOSED SESSION:
Mr. Kueny requested that the City Council go into closed
session for discussion of Items 13.A. (one case), 13.B.
(one case) and 13.D.
Minutes of the City Council
Moorpark, California Paqe 20 May 1, 2002
Mr. Montes announced that t
creating significant exposure
and circumstances are known
consist of the recent Court of
Burbank prohibiting sectarian
meeting.
he facts and circumstances
to litigation, which facts
to potential plaintiffs,
Appeal decision in Rubin v.
prayer at a City Council
MOTION: Councilmember Harper moved and Councilmember Mikos
seconded a motion to adjourn to closed session for discussion of
Items 13.A. (one case) , 13.B. (one case) and 13.D. The motion
carried by unanimous voice vote.
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to
Subdivision (b) of Section 54956.9 of the Government
Code: (Number of cases to be discussed - 4)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c)
of Section 54956.9 of the Government Code: (Number of
cases to be discussed - 4)
D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
The Environmental Coalition of Ventura County vs. City
of Moorpark and City Council of the City of Moorpark
(Case No. SCO22256)
AT THIS POINT in the meeting, the City Council meeting was
recessed to convene the Moorpark Redevelopment Agency closed
session. The time was 9:15 p.m. The Council reconvened into
closed session at 9:50 p.m.
Present in closed session were Councilmembers Harper,
Mikos, Millhouse, Wozniak and Mayor Hunter; Steven Kueny,
City Manager; Joseph Montes, City Attorney; Hugh Riley,
Assistant City Manager; and Deborah Traffenstedt, City
Clerk /Assistant to the City Manager.
The Council reconvened into open session at 10:16 p.m. Mr.
Kueny stated that Items 13.A. (one case) 13.B. (one case)
and 13.D were discussed and that there was no action to
report.
Minutes of the City Council
Moorpark, California Page 21 May 1, 2002
14. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 10:16 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
MINUTES OF THE CITY COUNCIL
Moorpark, California Auqust 21, 2002
A Regular Meeting of the City Council of the City of Moorpark
was held on August 21, 2002, in the Council Chambers of said
City located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Hunter called the meeting to order at 6:50 p.m.
2. INVOCATION:
Pastor Mike Woolley, Community Christian Church, gave the
invocation.
3. PLEDGE OF ALLEGIANCE:
Mary Lindley, Community Services Director, led the Pledge
of Allegiance.
4. ROLL CALL:
Present: Councilmembers Harper, Mikos, Millhouse,
Wozniak, and Mayor Hunter.
Staff Present: Steven Kueny, City Manager; Joseph Montes,
City Attorney; Hugh Riley, Assistant City
Manager; Ken Gilbert, Public Works Director;
Mary Lindley, Community Services Director;
Barry Hogan, Community Development Director;
Walter Brown, City Engineer; Captain Robert
LeMay, Sheriff's Department; Dave Bobardt,
Planning Manager; Paul Porter, Principal
Planner; Deborah Traffenstedt, Assistant to
City Manager /City Clerk; and Blanca Garza,
Deputy City Clerk.
5. PROCLAMATIONS AND COMMENDATIONS:
A. Recognition of Deputy Mike Hartmann, 2001 Moorpark
Police Officer of the Year.
Mayor Hunter presented Deputy Mike Hartman with a
Certificate of Recognition honoring him as 2001
Moorpark Police Officer of the Year.
Minutes of the City Council
Moorpark, California Page 2 August 21, 2002
Captain LeMay
contributions in
city of Moorpark.
recognized Deputy Hartman's
maintaining the low crime rate in the
B. City Manager's Monthly Report.
Mr. Kueny gave the monthly report. He discussed the
State budget deadlock and its impacts on the City's
budget; the departure of Dana Shigley, Administrative
Services Director and subsequent recruitment process;
the successful recruitment of a Budget and Finance
Manager; the addition of three staff members in the
Community Development Department who will begin work
on the backlog of projects; the reduction of speeding
on Tierra Rejada Road and Collins Drive as a result of
the installation of "speed feedback" signs; the
continuing progress to widen Los Angeles Avenue; the
pending installation of a second set of restrooms at
Arroyo Vista Community Park and the anticipated
completion of Phase II of the park by July of 2003;
the planning taking place for the City's 20th
Anniversary Celebration in July 2003; and the site
planning and design of the Moorpark Police Station due
to be completed in approximately 24 months.
6. PUBLIC COMMENT:
Debra Tash, a Moorpark business owner, spoke about three of
her employees living in the Redevelopment area who are
having difficulty refinancing their homes due to the City's
50% Burn Down Rule, which influences banks to only want to
lend at a commercial rate of 9 %. She stated that the
regular residential rate is only 5 %, and asked the City to
consider the three properties to be exempt from the 50%
Burn Down rule.
Mr. Kueny stated that a Burn Down policy has been
established in every city and county to deal with non-
conforming uses; in this case there are residences situated
on commercial property; and non - conforming use policies are
applied citywide not just in the Redevelopment area.
Mr. Montes stated that most cities have a legal Non -
Conforming Use Ordinance, and if a prior legal use becomes
illegal following a Code amendment, revising development
standards, such use is allowed to continue as long as it is
not expanded.
Minutes of the City Council
Moorpark, California Page 3 August 21, 2002
In response to Councilmember Millhouse, Mr. Kueny stated
that the reasoning behind the policy is to not perpetuate
the non - conforming use.
Mayor Hunter directed staff to agendize this matter for the
next Council meeting.
Colin and Victoria Velazquez, business owners at 601
Moorpark Avenue, Moorpark, read a letter to the Council
regarding City Council closed session discussion of the
City's attempts to claim their property; and objected to
the participation by Councilmember Millhouse in that
decision - making, since in his civilian capacity as an
attorney, he has recently represented their tenant in a
successful lawsuit against them. They requested that
Councilmember Millhouse abstain from any further
participation in this matter.
Gerald Goldstein, a Moorpark resident, spoke about the
possibility of building stores in the commercial area with
housing above or in the rear; the dangers of Pit bull dogs
in his neighborhood; the lack of access to the Animal
Control Department in the evenings and on weekends; and the
need for more bus stop signs.
7. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
Councilmember Millhouse requested that Items ll.F. and
ll.L. be pulled from the Consent Calendar for individual
consideration.
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Mayor Hunter announced the Arts in Park event to take place
on Labor Day, Monday, September 2, 2002.
Councilmember Harper requested a future agenda item to
discuss an appropriate ceremony to recognize the
Anniversary of September 11th
Mr. Kueny suggested discussing this request at a Special
meeting on August 27, 2002.
Minutes of the City Council
Moorpark, California Page 4 August 21, 2002
9. 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 (Assessor Parcel No. 511- 0 -070-
55). Staff Recommendation: 1) Open the public hearing,
accept public testimony, and continue the public
hearing to October 16, 2002; 2) Appoint a Council Ad
Hoc Committee and direct the Committee and staff to
negotiate a proposed Development Agreement for Council
consideration on or before October 16, 2002; and 3)
Direct the applicant to prepare revised plans at a
floor area ration (FAR) of 0.76 and provide
parking /loading adjacent or nearby the ground floor
units and bring back those plans for consideration of
approval by the Council with the proposed Development
Agreement.
Mr. Hogan gave the staff report.
In response to
stated that the
based on the
staff agreeE
determination
use warrants
issue for the
revenue issue.
Councilmember Millhouse, Mr. Hogan
.76 FAR ratio recommended by staff is
one used in the A -Z Storage facility;
with the Planning Commission's
that the intensity of the mini - warehouse
the higher ratio; and that the primary
Ad Hoc Committee would be to address the
Mr. Kueny stated that the Ad Hoc Committee would also
be considering exceeding the General Plan requirement
of the .38 FAR.
In response to Mayor Hunter, Mr. Kueny confirmed that
the A -Z Storage facility with .76 FAR and the
industrial building to the north with .48 FAR were
constructed prior to the 1992 General Plan Update; and
the Jiffy Lube with .28 FAR was constructed after the
1992 General Plan Update.
In response to Mayor Hunter's concern that there is
not enough room to close the gate behind trucks
Minutes of the City Council
Moorpark, California Page 5 August 21, 2002
accessing the property, Mr. Hogan stated that staff
does not feel the plan adequately addresses the issue
of enabling trucks to park as close to storage units
as possible for easy loading and unloading without
blocking the fire lane.
In response to Mayor Hunter, Mr. Porter stated that
currently, the plan is for 600 storage units; however,
that number may change based on market demand.
In response to Council, Mr. Hogan stated that the
number of units can vary based upon their size; that
staff has not done a study of the vacancy rate of
other storage units in the City; however, the
applicant has provided information indicating that
most units are already leased; that there was concern
on the part of the Planning Commission that the
starker elevations be positioned out of the public
view; the foam articulation on the exterior is
protected by tubular steel; and embellishment of the
tubular steel could be considered if the Council so
directs.
Mayor Hunter opened the public hearing.
Greg Call, consultant from Storage Works, 17805
Skypark Circle, Suite E, Irvine, representing
Asadurian Investments, stated he was available for
questions.
In response to Council, Mr. Call stated that his
company performed a feasibility study for Asadurian
Investments and an additional study, as directed by
the Planning Department, in regard to the demand for
storage units; the studies indicate a demand for
additional storage units in the City; that the effect
of changing the FAR would reduce the net rentable
square footage of the project; that he concurs with
the Planning Commission's decision that a reduction is
not necessary; the current FAR complies with all fire
regulations insuring that fire trucks can pass freely
on site; the Planning staff indicated that they were
comfortable with the FAR; and the applicant is willing
to comply with any fire regulations that address
public safety.
Minutes of the City Council
Moorpark, California Page 6
August 21, 2002
Mr. Hogan stated that as the newly appointed Community
Development Director, he was not involved in any
detailed analysis of the project until recently; the
applicant is correct that the project does meet the
turning radius required by the fire department;
however, the plan assumes that no vehicles will be
allowed inside to offload materials, when in reality,
that seems not to be the case; and that he is
concerned about the FAR.
In response to Mayor Hunter, Mr. Kueny gave the
history on the General Plan FAR. He expressed concern
regarding how diligent parking enforcement would be
within the storage project.
Councilmember Harper stated that it is reasonable to
assume that no one will move materials by hand - truck;
renters will drive up to their storage unit to offload
from their vehicle; therefore the aisles have to be
wide enough to accommodate emergency response vehicle
as well as other vehicles.
In response to Councilmember Harper, Mr. Call stated
that to improve the view of the project from Los
Angeles Avenue, the elevations could be redesigned to
more closely resemble apartment buildings.
In response to Councilmember Mikos, Councilmember
Millhouse, who had watched the Planning Commission
meeting, stated that Commissioner Parvin's negative
vote for this project was generated by her concern
that this project would generate very few jobs for the
City, as opposed to some other type of industrial
development.
Councilmember Mikos stated that she supports the
formation of an Ad Hoc Committee; she does not believe
people will want to hand -truck their belongings to the
storage units; that blocking the aisles with trucks
off - loading goods will be a safety hazard; and she
concurs with Councilmembers Harper and Wozniak that
the .76 FAR level will create a dangerous situation,
which she could not support.
Ken Carren, project architect, 24338 El Toro Road,
Suite E -217, Laguna Woods, in response to Council,
stated that reducing the FAR would not necessarily
0
Minutes of the City Council
Moorpark, California Page 7
August 21, 2002
affect the drive aisle width, as he could eliminate
the entire second story of Building A to bring the
project into compliance with the FAR; the facility has
been designed to accommodate a hook and ladder fire
vehicle along with another vehicle in the drive aisle;
the intensity of use would only be approximately 5 car
trips per hour; it would be very uncommon that two
vehicles would be in the drive aisle at the same time;
the applicant is not concerned that a fire truck would
be unable to get through; the City Engineer has
already required the widening of the aisles to his
satisfaction; and the design of the project is more
commercial than residential in style.
In response to Councilmember Mikos, Mr. Carren stated
that the entire drive aisle is a fire lane.
In response to Councilmember Mikos, Mr. Brown stated
that staff's initial concern was that there be
sufficient stacking room in the driveway for a large
vehicle, such as the largest rental truck, to wait at
the gate before gaining access to the storage unit;
subsequent investigation showed that larger, eighteen -
wheeled tractor trailers frequently visit these
storage facility sites and are driven by professional
drivers who would have the experience to know to park
parallel in the street prior to accessing the site;
and that the drive aisle widths were reviewed for
turning radii for eighteen - wheeled trucks, not for
fire response vehicles, as that was left to the Fire
District to determine.
In response to Councilmember Mikos, Mr. Hogan stated
that the minimum width required for a fire lane is 24-
feet; the drive aisles for this project are 30 -feet
wide; and to expect vehicles to park in the remaining
6 -feet, is unrealistic. He indicated that the Fire
Department would find parking in the lane to be
illegal; and this issue did not come up when the
Planning Commission considered the project.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there is one Written Statement card opposing the
project and a letter opposing the project from A -Z
Storage.
' _ _ '7
Minutes of the City Council
Moorpark, California Page 8 August 21, 2002
Councilmember Millhouse stated that there appears to
be a genuine demand for an additional storage facility
and it would be beneficial to have an Ad Hoc Committee
work with the applicant on alternatives to widening
the drive aisles, such as installing fire sprinklers,
and to discuss enhancements to the architecture.
Councilmember Harper concurred with Councilmember
Millhouse that enough issues have been raised to
warrant the formation of an Ad Hoc Committee; and that
there appears to be a need for additional storage
units in the City, as he has visited the owner of A -Z
Storage and learned that he plans to expand the
facility off -site.
Councilmembers Millhouse and Wozniak volunteered to
serve on the Ad Hoc Committee to work with the
applicant on the issues.
MOTION: Councilmember Harper moved and Councilmember Mikos
seconded a motion to: 1) Continue this item with public
hearing open to October 16, 2002; and 2) Approve the
appointment of Councilmembers Millhouse and Wozniak to an
Ad Hoc Committee to meet with staff to negotiate a proposed
Development Agreement with Asadurian Investments for
Council's consideration on October 16, 2002. The motion
carried by unanimous voice vote.
B. Zoning Ordinance Amendment Case No. 2002 -04 Consider
an Ordinance to Amend Chapter 17.30 of the Moorpark
Municipal Code Related to Lighting Regulations. Staff
Recommendation: 1) Open the public hearing, accept
public testimony, and close the public hearing; 2)
adopt Resolution No. 2002- , to adopt the Negative
Declaration prepared on behalf of Zoning Ordinance
Amendment Case No. 2002 -04; and 3) introduce Ordinance
No. , for first reading approving Zoning Ordinance
Amendment Case No. 2002 -04. Schedule second reading
and adoption for September 4, 2002.
Mr. Bobardt gave the staff report.
In response to Councilmember Mikos, Mr. Bobardt stated
that he is not aware of the recommendations proposed
by Moorpark College astronomers during the Hidden
Creek hearings; low pressure sodium lighting is
favored by most astronomers because it is at a low
Minutes of the City Council
Moorpark, California Paqe 9
Auqust 21, 2002
band width, making it easy to filter out; and the new
standards do not take into consideration what was
specifically recommended by Moorpark College for their
observatory.
Councilmember Mikos stated that it would seem that it
would be important to have the recommendations of the
astronomers from Moorpark College taken into
consideration for the new standards.
Councilmember Harper stated that as a member of the
Astronomy Department at Moorpark College, he could
look into the matter; the Dark Sky Initiative website
promotes criteria for installing astronomically
friendly outdoor lighting and encourages the use of
low pressure sodium lighting; unfortunately the light
generated by this type of lighting is an ugly, bright,
yellow- orange color; the proposal in the staff report
encourages the use of filters on telescopes that
eliminate this light; another criteria promoted by the
Dark Sky Initiate is for shielding on light fixtures
to eliminate light scatter upward and direct the light
downward, which is also mentioned in the staff report;
and it might be beneficial for the College to make
comments on that section of the Ordinance before it is
adopted.
In response to Council, Mr. Bobardt stated that the
rationale behind the prohibition of laser lights came
from input obtained from the Dark Sky Association's
model lighting ordinance, which also prohibits search
lights pointed skyward; any use of laser lights
requires a federal permit; it was staff's intention
that the prohibition of laser lights would be for an
on -going use not a special one -time event for which a
permit would be issued; and that if proper permits
were obtained for a laser light show there would be no
violation.
Councilmember Harper stated that companies that put on
laser light shows do obtain the proper permits and
follow FAA regulations so there is not much of a
problem to the observatories; and allowing laser light
shows with a temporary use permit would seem
appropriate.
Minutes of the City Council
Moorpark, California Page 10
August 21, 2002
In response to Councilmember Harper's concern
regarding what guidelines staff will use to judge the
appropriate color temperature of lighting, Mr. Bobardt
stated that staff will be making a judgment call on a
case by case basis, between the use of metal halide
lights with a bluer color tone where color rendition
is important, for example at an auto sales lot where
distinguishing the color of the vehicles is important,
and the use of high pressure sodium lights with a
pinker color tone where warm colors are used to
highlight architecture.
In response to Councilmember Millhouse, Mr. Bobardt
stated that the code was amended to alleviate the need
for staff to test a site, since a photometric plan is
required for all commercial, industrial and
residential projects, which reveals the light candles
on a grid for every 10 -, up to 25 -feet; however, the
light meter is a still a good tool for Code
Enforcement to use to test for light spill -over.
In response to Councilmember Mikos, Mr. Bobardt stated
that the proposed change to the standard is for 950 of
the grid points on the photometric plan to comply with
the maximum 7 -foot candles, as opposed to the current
standard of 1000; and the Ordinance is written to
require enforcement of whichever are the stricter
standards, the current standards or standards to be
adopted by the State in 2005.
Mayor Hunter opened the public hearing.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
MOTION: Councilmember Millhouse
Harper seconded a motion to: 1)
public hearing open to September
staff to request Moorpark C011E
provide comments on the draft
carried by unanimous voice vote.
10. PRESENTATION /ACTION /DISCUSSION:
moved and Councilmember
Continue this item with
18, 2002; and 2) Direct
!ge staff to review and
Ordinance. The motion
A. Consider American Youth Soccer Organization (AYSO) Use
Agreement. Staff Recommendation: Approve five -year use
agreement with American Youth Soccer Organization, as
Minutes of the City Council
Moorpark, California Paqe 11 Auqust 21, 2002
submitted subject to final language approved by City
Manager and City Attorney and authorize the City
Manager to execute the Agreement on behalf of the
City.
Mr. Hartnett gave the staff report.
Mr. Montes stated that he concurs that the Hold
Harmless Clause is appropriate, consistent with past
practices, and is authorized by current prevailing law
in the State of California.
Councilmember Millhouse recommended deleting the word
"sole" in the Indemnification Clause, to reflect a
comparable negligence standard between the AYSO and
the city of Moorpark.
Tom Bradford, Regional Commissioner for AYSO, 13760
Donnybrook Lane, Moorpark, stated that the
Indemnification Clause should reflect mutual
indemnification; the prevailing principles in the
State of California are comparative negligence; and
any other arrangement would be unjust and inconsistent
with California law. He continued by stating that the
City should consider reducing the fees for rentals as
for years AYSO has provided this consideration for
over 200 Moorpark children.
In response to Councilmember Millhouse, Mr. Bradford
stated that AYSO Board meetings cost approximately
$20 -30 an hour, the meetings last about 2 hours, and
are held 20 times per year.
In response to Councilmember Mikos, Ms. Lindley stated
that the City has not had any instance where they have
been held liable in any of the City parks; the City
charges the major youth sports organizations only
$1.00 to use the park playing field; when a group is
using a City park, there is the concern of increased
liability; and that the normal charge for using a
field is $10.00 per hour.
In response to Mayor Hunter, Ms. Lindley stated that
this is the same Indemnification that the Moorpark
School District signs when they use City playing
fields.
Minutes of the City Council
Moorpark, California Paqe 12 August 21, 2002
In response to Councilmember Harper's concerns about
the sole negligence clause, Mr. Montes stated that
when a City -owned and maintained sports facility is
used by a non -City sports program, at virtually no
cost to that program, it would be standard to try to
minimize the City's liability to the greatest extent
possible. If the word "sole" is removed from the
contract, the typical result would be that when an
injury occurs and a lawsuit results, the City could
end up in a dispute with the other party over the cost
for defense and may ultimately, have to pay those
costs.
In response to Councilmember Harper's inquiry
regarding how the cost of insurance for AYSO is
affected by leaving the language in tact, Mr. Montes
stated that the clause is not limited to the cost of
insurance and AYSO may have additional concerns.
Councilmember Millhouse stated that AYSO can name the
City as additional insured under their policy and the
insurance company would provide the defense.
Mr. Montes stated that the insurance company could
dispute whether they should pay the cost for the
defense unless it is clear in the agreement which
entity will pay for the defense.
Councilmember Millhouse stated that the insurance
coverage for negligence on the part of the policy
holder would require that the insurance company
provide a defense; the potential that the City would
be responsible for the cost of defense is remote; and
the fact that the City only gains $1.00 a year from
this agreement is offset by the intangible benefits of
a low crime rate in the community, which can be
attributed in part, to giving the 2,000 or more AYSO
participants something constructive to do with their
time. He went on to state that he would be willing to
discuss staff's concerns regarding the fees as part of
a committee discussion or as a separate agenda item.
In response to Councilmember Mikos, Ms. Lindley stated
that she does not recall a recent change to the fee
schedule for non - profits.
Minutes of the City Council
Moorpark, California Page 13 August 21, 2002
Councilmember Harper stated that the fee the City is
charging for the use of a meeting room seems high; and
staff may want to do a comparable study of what the
Moorpark Unified School District and Moorpark College
charge non - profit organizations for the use of their
meeting rooms.
MOTION: Councilmember Millhouse moved and Councilmember
Harper seconded a motion to: 1) Approve five -year Use
Agreement with American Youth Soccer Organization, with a
change to the indemnification language to delete the word
"sole" and that the final language be subject to approval
by the City Manager and City Attorney; and 2) Authorize the
City Manager to execute the Agreement on behalf of the
City.
In response to Councilmember Harper, Mr. Montes stated
that by removing the word % %sole" from the
Indemnification Agreement, the City's insurance is
protected up to $1 million for each occurrence. He
further stated that it would not be his preference to
include "mutual indemnification ".
Councilmember Harper stated that the coverage seems
adequate for most broken legs and he is comfortable
supporting the motion.
In response to Mr. Kueny, Mr. Montes stated that he
would concur with the removal of the word "sole ";
however, he would not be in favor of including "mutual
indemnification ".
In response to Councilmember Mikos, Mr. Kueny stated
that the long term impact of removing the word "sole"
cannot be known until there is an accident; the City
does its best to maintain the parks in a safe manner;
and the organizations using the parks are assisting as
they can.
The motion carried by unanimous voice vote.
In response to Councilmember Millhouse, Mayor Hunter
requested that the Parks and Recreation Commission
look into the issue of the fee structure for
organizations in the community with consideration
given to reducing fees charged to non - profits.
Minutes of the City Council
Moorpark. California Paqe 14 August 21, 2002
B. Discussion of Traffic Issues on Cedarpine Lane. Staff
Recommendation: Direct staff as deemed appropriate.
Mr. Gilbert gave the staff report.
Councilmember Mikos stated that as members of the
Transportation and Streets Committee, she and
Councilmember Millhouse do not agree on the three -way
stop at the corner of Cedarpine and Deering Lanes.
She indicated that she opposes the stop signs as they
will create more of a problem and seem inappropriate.
Councilmember Millhouse stated that a variety of
methods to control speed on Cedarpine Lane have been
tried and been unsuccessful; staff's recommendation
for continued enforcement and public educational
outreach efforts is not feasible due to lack of
available resources within the Moorpark Police
Department; and he sees the stop signs as the only
alternative.
Councilmember Harper stated that he lives near a
similar situation and he would not advocate placing a
stop sign at the exit of a cul -de -sac.
Councilmember Millhouse stated that the neighbors in
the area want the stop sign and regardless that this
is not a common practice, he feels there is not a
downside to placing this one stop sign.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
Mayor Hunter stated that the risk is greater if the
stop sign is not in place; and he concurs with
Councilmember Millhouse that with the downhill speed,
curve, and volume of Cedarpine Lane traffic at Deering
Lane, the stop sign is warranted.
MOTION: Councilmember Millhouse moved and Mayor Hunter
seconded a motion to return to Council on September 4,
2002, with a Resolution for the installation of a three -way
stop at the intersection of Cedarpine and Deering Lanes.
The motion carried by vote 4 -0, with Councilmember Mikos
abstaining.
Minutes of the City Council
Moorpark, California Page 15 August 21, 2002
AT THIS POINT in the meeting a recess was declared. The time
was 9:16 p.m. The meeting reconvened at 9:40 p.m.
C. Consideration of Remaining Outstanding Issues - Toll
Brothers (Moorpark Country Club Estates). Staff
Recommendation: 1) Direct the applicant to file the
Minor Modifications and direct the Community
Development Director to approve the modifications as
indicated; 2) Direct the second amendment to the
Settlement Agreement, subject to final language
approval by the City Manager and City Attorney, and
authorize the Mayor to execute said second amendment;
and 3) Direct staff not to issue additional building
permits until Toll files the Minor Modification and
second amendment to the Settlement Agreement; and
staff has determined the Minor Modification
application to be complete and the second amendment to
be consistent with Council action.
Mr. Hogan gave the staff report. He provided the
following changes to the Attachments in the agenda
report:
1) Item No. 4. on stamped page 197 should also
include a separate maintenance program for the
orchards and address the issues of maintenance of
orchards close to residential developments; and
2) Item No. 5. on stamped page 198, next to last
line from the end, instead of `Community Development
Director through... ", it should read "Community
Development Director according to the elements in the
approved Perimeter ... "; and
3) Item No. 9 as it continues on stamped page
200, the sixth line down, should read "Championship
Drive" rather than "C" Street; and
4) Item No. 10 on stamped page 200 should
indicate the "50th" home of Phase 1 rather than the
"95th" home.
Craig Messi, representing Toll Brothers, 7142 Trivino
Drive, Moorpark, stated that they share the City's
concerns about safety, both for their residents and
the community at large. He described the progress
made on the project. He further stated that they
share the City's disappointment with Toll not being
able to fulfill certain requirements prior to the
first Certificate of Occupancy; they agree to the new
Minutes of the City Council
Moorpark, California Paqe 16 Auqust 21, 2002
timeframes for the completion of the improvements;
that meeting the timeframes is also dependent on the
City and other agencies meeting their deadlines; and
they were disappointed to learn that additional
building permits will be not issued.
Mr. Messi informed the Council that Toll Brothers is
working to complete the golf course parking lot in
time to host the Boys and Girls Club tournament on
September 30th; new guidelines issued by the City have
required redesign of the last 9 holes of the golf
course, which will cause delays; they will be
responding to each violation enumerated in a memo
dated July 3, 2002, regarding Country Club Estates,
but want to note that some of the violations have been
misrepresented; they have never received a Stop Order
on the site and have always responded to corrections
or requirements set down by the City; and he commended
both the City agencies and outside agencies for taking
up the challenge to allow Toll to have approvals
resulting in their first home being scheduled for
delivery next week.
Dick Pool Associated Transportation Engineers,
representing Toll Brothers, 7142 Trivino Drive,
Moorpark, gave a presentation on roadway designs to
meet the Tentative Tract conditions and Caltrans
standards. He discussed the installation of the
traffic signal at Grimes Canyon Road; and the levels
of service at "C" or better with adequate sight
distance for the three intersections on the project.
Cary Lowe, Land Use attorney, representing Toll
Brothers, 55 South Lake Avenue, Pasadena, addressed
issues related to project conditions imposed with
Minor Modification No. 3 and an error in the record as
contained in City Council Resolution No. 2001 -1875,
Section 3., Item 6., stating "Applicant's
proportionate share shall also be defined to include
frontage along Walnut Canyon Road for a distance of
500 ± feet south of the southeasterly corner of the
subject property as shown on the Tentative Map for
Tract No. 4620." He stated that in reviewing the
minutes and video tape from the City Council meeting,
there is no mention of this requirement; the
Resolution needs to be corrected, as this directly
affects proposed revisions to the project conditions
Minutes of the City Council
Moorpark, California Page 17 August 21, 2002
as presented in Item No. 6. of Attachment No. 2 of
this agenda report, which states, "or as otherwise
stipulated in the Settlement Agreement Amendment 2...,"
which is too open -ended and they request that it be
stricken. He further stated that they have no
problems or concerns with the rest of the items.
Michael Cosenza, a Moorpark resident, local teacher,
and a buyer of a Country Club Estates home, stated
that he has been in escrow for 18- months; he
appreciates the Council's previous actions in support
of the future homeowners of Country Club Estates; the
buyers left the last Council meeting with the
understanding that Certificates of Occupancy would not
be delayed due to conditions related to the roads and
the golf course and that 95 homes in Phase 1 would be
permitted to proceed and building permits would not be
subject to those conditions; however, this staff
report seems to reflect differently. He requested
that the Council accept Toll Brothers' counter-
proposals to keep the project moving, as many buyers
are living in temporary housing waiting for close of
escrow. He asked the Council to remove the condition
requiring the CC &R's to prohibit the use of golf
carts, as State law allows their use on any roadway
that has a speed limit of 35 mph or less. He reminded
the Council and staff that the home buyers are the
ones caught in the middle of this struggle between the
applicant and the City.
Mayor Hunter clarified that there is a distinction
between low speed vehicles and golf carts; golf carts
are prohibited on any public streets in the State of
California because they do not have seat belts, head
lights, license plates, and are not registered with
the State.
Michael Sullivan, a Moorpark resident and buyer of
Lot -1 in Country Club Estates, stated he is
uncomfortable with Item No. 2. of Attachment No. 2, as
his family is living in temporary housing at this time
and are only days away from occupying their home as
long as the City does not hold up Certificates of
Occupancy.
In response to Mayor Hunter, Ms. Traffenstedt stated
that 9 Written Statement cards supporting the comments
Minutes of the City Council
Moorpark, California Paqe 18
August 21, 2002
made by Michael Cosenza were submitted by Moorpark
residents: Sohair Asaad, Abul Arastu, Kris Hansen,
Mary Leyden, Patrick Leyden, Berill Mitchell, Joan
Mitchell, Michael Pocito, and Sharon Pocito; and 1
Written Statement card was submitted by Mike Nix,
General Manager for Moorpark Country Club, 11800
Championship Drive, Moorpark, opposing staff's
recommendation to stop issuing building permits for
the project.
In response to Councilmember Harper, Mr. Messi stated
that the sewer lift system for the Tract's sewer
system will be operational by next Tuesday.
In response to Councilmember Mikos, Mr. Hogan agreed
that Item No. 10. of Attachment No. 2 should also be
changed from occupancy of 95th home of Phase 1 to
occupancy of 50th home of Phase 1. He clarified that
this change would not delay any of the occupancies
that are at, or near completion.
In response to Councilmember Mikos, Mr. Kueny stated
that in regard to Item No. 11 of Attachment No. 2, the
intent is that as long as the developer controls the
vote, they would cast an affirmative ballot. He
clarified that if an Assessment District ballot
measure occurs, the developer would have to cast
affirmative ballots for the lots they still own.
In response to Councilmember Mikos, Mr. Kueny stated
that Item No. 13. of Attachment No. 2 refers strictly
to City use of the golf course, not, for example, the
Boys and Girls Club.
In response to Councilmember Mikos, Mr. Kueny
confirmed that it was not the City that held up the
developer from making the improvements to Walnut
Canyon Road.
In response to Mayor Hunter, Mr. Messi stated that it
was a Caltrans suggestion, not a working condition
that Toll Brothers negotiate with the private land
owner for the relocation of his driveway on Walnut
Canyon Road.
In response to Councilmember Mikos, Mr. Hogan
confirmed that draft CC &R's have already been
Minutes of the City Council
Moorpark, California Page 19 August 21, 2002
submitted and that Item No. 2 of Attachment No. 1
could be amended to reflect that change.
In response to Councilmember Mikos, Mr. Kueny stated
that the Tract is laid out in such a way that
precludes golf carts from being used to travel on
private roads to get to the club house or the golf
course.
In response to Mayor Hunter's concern for holding Toll
Brothers accountable for the safety improvements that
have been promised to the community, without holding
the residents as hostages, Mr. Kueny stated that it is
possible to complete the amendment to the Settlement
Agreement within a few weeks with the only consequence
being the curtailment of building permit issuance.
In response to Mayor Hunter's request to hear Toll
Brothers explanation for their continued deviations
from the approved plans, Mr. Messi gave an example of
one instance of their substitution when approved
corrugated metal pipe reacted adversely, during
testing, to the soil on site and cast -in -place pipe
was proposed as a substitute with the full knowledge
of, and without any objection from, the City Engineer,
who commented that he would not support cast -in -place
pipe in a public- right -of -way, but that it would be
acceptable for use under the driving range.
Mayor Hunter stated that the substitution of pipe is
in violation of the approved plans and the City
Engineer's verbal approval is not sufficient
authorization to alter the approved plans, which is a
similar situation to the landscaping that was
installed without an approved plan.
In response to Mayor Hunter, Mr. Messi stated he
understands the Council's frustration; however, they
were led to believe by the consultants that approval
of the landscape plans was imminent and along with the
verbal approval of the former Community Development
Director, they went ahead with the installation of
landscaping on the slopes. He further stated that
when Toll Brothers discovers anything going wrong on
the site, they move quickly to correct the concern,
while if City staff finds something wrong, they
immediately conclude something devious is transpiring.
Minutes of the City Council
Moorpark, California Paqe 20 Auqust 21, 2002
In response to Councilmember Mikos, Mr. Messi stated
that he is not aware of any testing that concluded
that cast -in -place pipe fails within five years; cast -
in -place pipe has been used extensively at the Wood
Ranch golf course in Simi Valley, which is much older
that five years; and that Toll Brothers did not flaunt
the conditions of approval, but did move forward upon
verbal approvals rather than written approvals.
In response to Councilmember Harper, Mr. Messi
explained that the original condition for Walnut
Canyon Road in Minor Modification No. 3, showed that
Toll Brothers would pay their prorata share of the
Walnut corridor improvements; Mr. Lowe is objecting to
the sentence that has been added, that not only would
Toll Brothers contribute to their share of the
improvements, but would now be required to improve
500 -feet of roadway to the south of the project.
Mr. Kueny stated that since the West Pointe project
has been approved, the intent of the condition is that
each developer would informally follow the Walnut
Canyon Corridor Study to improve their fair share; and
that staff will make the necessary changes to the
condition, which will require that the Resolution
return to the Council for approval.
Councilmember Millhouse stated that there is a
distrust present between the developer and the City, a
compromise must be found to allow this project to move
forward for the benefit of those who need to move into
the homes; it is understandable that the developer is
concerned that approvals must move through the City
processes in a timely manner; conversely, quality
plans need to be submitted in order to avoid multiple
changes; and he is open to suggestions from the
Council on how to move forward.
Dick Hunsaker, civil engineer for Toll Bros. from
Hunsaker and Associates, stated that the corrugated
metal pipe was shown on the grading plan; it was
brought out to the site; Mr. Brown asked that it be
tested prior to installation for reaction to the soil,
which is a normal procedure; it failed; therefore a
substitution of cast -in -place pipe was made.
Minutes of the City Council
Moorpark, California Page 21 August 21, 2002
Mr. Messi stated that from his company's point of
view, their civil engineer has now addressed all
changes required by the City; and that they would like
to begin construction of the homes for 60 buyers who
purchased approximately three months ago; Toll
Brothers has invested a great deal of money in this
project and the community; and is not going to do
anything to risk that investment.
Councilmember Harper stated that the process this
project is following is not working due to the length
of time between Council meetings; more problems arise
between meetings than are resolved; and asked if a
Council committee could be formed to authorize the
Mayor and another Councilmember to work with staff to
make decisions on issuance of building permits and
allow the buyers to move into their homes more
quickly.
Mr. Kueny stated that the Council has already made a
decision on 95 occupancies and may direct staff to
start issuing building permits as they deem necessary;
once the amendment to the Settlement Agreement is
concluded, there should be no more issues; and the
only remaining questions is when Toll Brothers will
sign the amended Settlement Agreement.
Councilmember Harper stated that the City Manager is
being optimistic and it would be helpful to have a
Council committee work on this without bringing every
little issue back to a public hearing.
Councilmember Mikos stated that the Council committee
is a possibility, but she does not believe it will
provide an incentive for the developer to cooperate;
allowing them to construct the 95 homes before signing
the amended Settlement Agreement does not guarantee
that more issues will not materialize; and that there
must be some incentive that will cost them money to
make them cooperate.
Councilmember Millhouse stated that it appears that
the only remaining issues are the prerequisites and
the change to the Minor Modification No. 3., in regard
to Walnut Canyon Road, which can be resolved prior to
the amended Settlement Agreement; therefore he
proposed that the Council authorize issuing up to 60
Minutes of the City Council
Moorpark, California Page 22 August 21, 2002
building permits with the stipulation that Toll
Brothers sign the amendment to the Settlement
Agreement within a few days.
Councilmember Harper stated that in conversation with
Mr. Messi prior to the meeting, it is apparent that
Toll Brothers has some problems with the timing of
some of the items in the amended Settlement Agreement.
In response to Council's concerns about whether the
Brown Act would be violated if a Council committee
made decisions without benefit of a public hearing,
Mr. Montes stated that there would be a problem if
decisions were made to change conditions of approval;
however, with a limited scope of solving problems as
they arise on a daily basis, and by working with staff
to finalize the language of the amendment to the
Settlement Agreement, there should be no violation of
the law.
Councilmember Harper suggested that the Mayor be
authorized to sign the amended Settlement Agreement
pending final language review by the City Attorney and
the concurrence of staff.
Mr. Montes stated that to the extent that there are
changes or issues in the field, there should be a
requirement expressly stated in the amended Settlement
Agreement that a signature from the City Manager or
the City Engineer authorizing the deviation from the
approved plans is required.
The Council concurred and indicated that there should
be no verbal approvals.
Mayor Hunter stated that the developer is to be held
accountable without placing the residents in the
middle of the dispute; that he was comfortable with
the Council direction made on July 21St in regard to
the number of building permits; and asked staff if
there is anything in the amended Settlement Agreement
that violates the Council direction to build Phase 1
containing the 95 lots.
Mr. Kueny responded that in the terms of the amendment
to the Settlement Agreement there is no violation to
the Council's direction; however, the staff
l.' •.r v .:o �� w
Minutes of the City Council
Moorpark, California Paqe 23
August 21, 2002
recommendation is that no more building permits be
issued until the amended Settlement Agreement is
signed.
Councilmember Millhouse suggested that the homes under
construction and those pending in plan review, which
together total 54, should be allowed to move forward
while the amended Settlement Agreement is under
consideration; and then upon signing of the amendment
to the Settlement Agreement, proceed with the
remainder of the 95 units. He concurred with
Councilmember Harper that a Council committee, working
with the applicant and staff, would ensure that the
timeline for consideration of plans moves forward in a
reasonable manner.
MOTION: Councilmember Millhouse moved to: 1) Create an Ad
Hoc Committee to meet with Toll Brothers and the City on
subjects not requiring a public hearing; 2) Authorize 54
building permits to the developer; 3) Effectuate amendment
to the Settlement Agreement within the next 10 -days in
meetings with the Ad Hoc Committee, the developer, and City
staff, to return to the Council at the next regular
meeting; and 4) Issue the remaining building permits up to
the 95 units in Phase 1, upon the execution of the second
amendment to the Settlement Agreement.
A discussion followed between Council and staff which
focused on whether the amended Settlement Agreement
needs to come back to the Council for approval; and
the option to include timelines where the City is the
sole decision maker.
In response to Mayor Hunter, Mr. Lowe stated that Toll
Brothers would be comfortable with that motion;
however, he reiterated his discomfort with the one
provision regarding the conditions dealing with Walnut
Canyon Road.
The motion was tabled to allow Council and staff to discuss
the Walnut Canyon Road improvement issue.
A discussion followed regarding Item 6. of Attachment
No. 2; and it was Mr. Kueny's recommendation that the
Minor Modification return to the Council as a separate
issue to allow time for the Community Development
Director to conduct research to make sure Toll
Minutes of the City Council
Moorpark, California Paqe 24 Auqust 21, 2002
Brothers' improvements to Walnut Canyon Road interface
with those being made by the West Pointe development.
Councilmember Millhouse withdrew his prior motion.
MOTION: Councilmember Millhouse moved and Councilmember
Harper seconded a motion: 1) Appoint Mayor Hunter and
Councilmember Millhouse to serve on an Ad Hoc Committee to
consider the amended Settlement Agreement Minor
Modification No. 3 and the Walnut Canyon Road condition; 2)
Allow a maximum of 54 building permits until the second
amendment to the Settlement Agreement is signed; 3) Develop
a City Performance Criterion to be included in the amended
Settlement Agreement; and 4) Issue the remaining building
permits up to the 95 units in Phase 1, upon the execution
of the second amendment to the Settlement Agreement. The
motion carried by unanimous voice vote.
Discussion followed regarding the golf cart use, and
it was decided that the issue would be covered within
the items to be considered by the Ad Hoc Committee.
D. Adopt Resolution Approving the Funding of Consultant
Services Required to Consider Formation of a New
Citywide Lighting and Landscaping Assessment District
(AD03 -1). Staff Recommendation: Adopt Resolution No.
2002 -1993, approving an appropriation from the General
Fund Reserve to fund the subject efforts.
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 Mikos
seconded a motion to Adopt Resolution No. 2002 -1993,
approving an appropriation from the General Fund Reserve to
fund the subject efforts. The motion carried by unanimous
roll call vote.
E. Consider Funding for Fifth Grade D.A.R.E. Program.
Staff Recommendation: Direct staff as deemed
appropriate.
Mayor Hunter stated that due to budget curtailments
the Moorpark Unified School District has been forced
to eliminate their portion of contribution towards the
Minutes of the City Council
Moorpark, California Paqe 25 Auqust 21, 2002
funding for the Fifth Grade D.A.R.E. officer; and the
City would need to contribute 1000 of the funding if
the program is to continue. He outlined the benefits
of the program in preventing alcohol and drug abuse
among children; and stated that there are sufficient
funds in the City's budget to contribute the $36,000.
Councilmember Millhouse cited recent crime statistics
and commended Captain LeMay and his officers on the
decline in crime and the city of Moorpark's continued
ranking as the safest city in the County of Ventura.
He offered his support for the continuance of the
D.A.R.E. program.
Michael Cosenza, a Moorpark resident and a teacher at
Flory school, spoke in support of the program as
teaching valuable lessons and for giving children the
opportunity to develop a rapport with the D.A.R.E.
officer.
Melissa Nizdil, a Moorpark resident and local teacher,
spoke in support of the D.A.R.E. program as essential
to the education of the youth in Moorpark.
Gerald Goldstein, a Moorpark
opposition to the continued fund:
Public Radio's broadcasts
ineffectiveness of the D.A.R.E.
his own concerns regarding the
having law enforcement on campus.
resident, spoke in
Lng and cited National
reporting on the
program; and stated
negative impacts of
MOTION: Councilmember Millhouse moved and Councilmember
Harper seconded a motion to approve the allocation of funds
from the current budget to fund the fifth grade D.A.R.E.
Program.
Councilmember Harper stated that when he was a member
of the School Board a study was performed on the
advocacy of the D.A.R.E. program and the results were
mixed; regardless, it is a very popular program with
the community; and it does make children more
comfortable in talking with law enforcement.
Councilmember Mikos stated that she has attended some
of the D.A.R.E. program graduations where students
have read poignant essays about their participation,
and she is in support of continuing the funding.
Minutes of the City Council
Moorpark, California Page 26 August 21, 2002
The motion carried by unanimous roll call vote.
11. CONSENT CALENDAR:
Councilmember Wozniak requested the minutes from the
Special Meeting of July 17, 2002, be pulled from Item 11.A.
for individual consideration.
Councilmember Mikos requested the minutes from the Special
Meeting of July 10, 2002, be pulled from Item 11.A. for
individual consideration.
MOTION: Councilmember Harper moved and Councilmember Mikos
seconded a motion to approve the Consent Calendar with the
exception of the July 10 and July 17, 2002, minutes in Item
11.A. and Items ll.F. and 11.L., which were pulled for
individual consideration. The motion carried by unanimous roll
call vote.
A. Consider Approval of Minutes of Special Meeting of
June 19, 2002.
Staff Recommendation: Approve minutes as processed.
B. Consider Approval of Warrant Register for Fiscal Year
2001 -2002 - August 21, 2002.
Manual Warrants
Voided Warrants
Payroll Liability
Warrants
110074
109920 & 110010 &
110033
109853 - 109860
$ 4, 586.24
$(15,941.22)
$ 13,712.97
Regular Warrants 109871 - 110053 & $1,297,722.90
110188 - 110229 & $ 295,533.48
110351 - 110374 $ 6,908.63
Staff Recommendation: Approve the warrant register.
Minutes of the City Council
Moorpark, California Page 27 August 21, 2002
C. Consider Approval of Warrant Register for Fiscal Year
2002 -2003 - August 21, 2002.
Manual Warrants
Payroll Liability
Warrants
109744
- 109747 &
109861
- 109862 &
110075
- 110079 &
110230
- 110232
109863 - 109870 &
110080 - 110087 &
110233 - 110240
$ 240,522.47
$ 2,116.46
$13,713.76
$13,975.90
$ 13,678.37
Regular Warrants 110054 - 110073 & $ 15,930.70
110088 - 110187 & $182,445.89
110241 - 110350 $ 26,356.74
Staff Recommendation: Approve the warrant register.
D. Ventura Council of Governments Revised Joint Powers
Agreement. Staff Recommendation: Ratify the revised
Joint Powers Agreement.
E. Consider Adoption of Resolution Pursuant to Public
Hearing Held July 17, 2002, for Tax Equity Fiscal
Responsibility Act (TEFRA) Related to Vintage Crest
Senior Apartments (GPA 2002 -01, ZC 2002 -01, RPD 2002-
02_) , on Application by USA Properties Fund, Inc. Staff
Recommendation: Approve Resolution No. 2002 -1994.
G. Adopt Resolution Amending the Fiscal Year 2002/2003
Budget by Establishing Project 8049 for Consultant
Services Required to Investigate the Feasibility and
Cost Related to the Possible Establishment of a
Prohibition or Restriction of Non -Local Truck Traffic
on Route 118 Between the Route 23 Freeway and Route
34. Staff Recommendation: Adopt Resolution No. 2002-
1995, approving an appropriation and budget amendment
to fund the subject consultant services.
H. Consider Quarterly Treasurer's Report. Staff
Recommendation: Receive and file Quarterly Treasurer's
Report.
I. Consider Adoption of a Resolution of Intent Directing
the Planning Commission to Hold a Public Hearing and
Provide a Recommendation on a General Plan Amendment
Minutes of the City Council
Moorpark, California Page 28 August 21, 2002
Related to Ac
Recommendation:
the Planning
amendments to
Plan, and pr
Council.
Iriculture /Residential Setbacks. Staff
Adopt Resolution 2002 -1996, directing
Commission to study appropriate
the Land Use Element of the General
Dvide a recommendation to the City
J. Consider Adoption of a Resolution Directing the
Planning Commission to Hold a Public Hearing and
Provide a Recommendation on Zoning Ordinance
Amendments to Chapters 17.20 (Uses by Zone), 17.28
(Standards for Specific Uses), 17.44 (Entitlement -
Process and Procedures), 17.60 (Amendments to the
General Plan, Specific Plans, Zoning Map and Zoning
Code), and 17.68 (Public Notice). Staff
Recommendation: Adopt Resolution 2002 -1997, directing
the Planning Commission to study revisions to the
Zoning Code concerning entitlement permit processing,
and provide a recommendation to the City Council.
K. Consider Appointment of New Building Official. Staff
Recommendation: Approve the appointment of Ray Young
as the City's Building Official under the Charles
Abbott & Associates contract.
M. Consider Setting a Public Hearing to Receive Testimony
to Update the City's Library Facilities Fee. Staff
Recommendation: Set a Public Hearing date of September
18, 2002, to receive testimony on updating the City's
Library Facilities Fee.
The following items were pulled for individual consideration:
11. A. Consider Approval of Minutes of Special Meeting of
July 10, 2002. Staff Recommendation: Approve minutes
as processed.
Councilmember Mikos stated that she had not been
present at the meeting of July 10, 2002.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to approve the minutes of Special
Meeting of July 10, 2002. The motion carried by voice vote
4 -0, with Councilmember Mikos abstaining.
Minutes of the City Council
Moorpark, California Paqe 29 August 21, 2002
Consider Approval of Minutes of Special Meeting of
July 17, 2002. Staff Recommendation: Approve minutes
as processed.
Councilmembers Harper and Wozniak stated that they
were not present at the Special Meeting of July 17,
2002.
MOTION: Councilmember Mikos moved and Councilmember
Millhouse seconded a motion to approve the minutes of
Special Meeting of July 10, 2002. The motion carried by
voice vote 3 -0, with Councilmembers Harper and Wozniak
abstaining.
F. Consider Request from Moorpark Kiwanis to Waive Park
Rental Fees for Softball Tournament. Staff
Recommendation: Approve the request from Kiwanis of
Moorpark to waive park rental fees associated with
their Girls Softball Tournament, provided that they
pay all direct costs incurred by the City, including
one staff person dedicated to the Tournament.
Councilmember Millhouse stated that he had this item
pulled to highlight this tournament as a very
worthwhile activity.
MOTION: Councilmember Millhouse moved and Councilmember
Mikos moved to approve the request from Kiwanis of Moorpark
to waive park rental fees. The motion carried by unanimous
voice vote.
L. Consider Rescinding Approval for Agreements with
Southern California Edison Concerning the Unimproved
Road at Arroyo Vista Community Park and Signs and
Banners. Staff Recommendation: Rescind prior approval
for the following agreements with Southern California
Edison: November 17, 1999, Lease Agreement with
Southern California Edison regarding the unimproved
road at AVCP and April 5, 2000, License Agreement for
placement of signs and banners on ornamental street
lights.
Councilmember Millhouse stated that he pulled this
item to acknowledge the new representative, Glen
Becerra, from Southern California Edison, who is
sensitive to the needs of city government, as he is a
Councilmember from the City of Simi Valley.
Minutes of the City Council
Moorpark, California Page 30 August 21, 2002
Councilmember Millhouse continued by stating his
concurrence with staff's recommendation to rescind
Council's actions regarding the signs and banners;
however, in light of the new representative from
Edison, he does not believe the statement contained on
page 380 in the second paragraph where staff does not
believe any attempt to gain a signed license agreement
for the road at AVCP, is accurate any longer, and
efforts should be made to explore this subject.
Mr. Kueny stated that Southern California Edison has
almost completed their grading; it would be nice if
they paid the City for back rent for the months of
use; and concurred that staff could wait to have
Council rescind the lease agreement for the road to
allow time for Councilmember Millhouse to work with
Southern California Edison, but that it may not be
needed due to progress on construction.
The Council concurred that Councilmember Millhouse
would work with Southern California Edison and that
the lease agreement for the road could be dealt with
when he reports back.
MOTION: Councilmember Millhouse moved and Councilmember
Mikos seconded a motion to rescind the prior approval for
the License Agreement with Southern California Edison for
placement of signs and banners on ornamental street lights.
The motion carried by unanimous voice vote.
12. ORDINANCES:
None.
13. CLOSED SESSION:
Mr. Kueny requested that the City Council go into closed
session for discussion of Items 13.B (three cases), 13.F.,
and 13.G.
MOTION: Councilmember Harper moved and Councilmember Mikos
seconded a motion to adjourn to closed session for a discussion
of Items 13.B. (three cases), 13.F., and 13.G. on the agenda.
The motion carried by unanimous voice vote. The time was 11:45
p.m.
Minutes of the City Council
Moorpark, California Paqe 31
August 21, 2002
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c)
of Section 54956.9 of the Government Code: (Number of
cases to be discussed - 10)
F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 504 -0- 021 -195, Moorpark, CA 93021
Agency Negotiator: Steven Kueny, City Manager
Negotiation Parties: The City of Moorpark and Joe
Fedele
Under Negotiation: Price and terms of payment
G. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 506 -0- 042 -015, Moorpark, CA 93021
Agency Negotiator: Steven Kueny, City Manager
Negotiation Parties: The City of Moorpark and Bert and
Placide Curts
Under Negotiation: Price and terms of payment
Present in closed session were Councilmembers Harper,
Mikos, Millhouse, and Parvin, and Mayor Hunter; Steven
Kueny, City Manager; Joseph Montes, City Attorney; Hugh
Riley, Assistant City Manager; Ken Gilbert, Public Works
Director (left the meeting at 12:03 a.m.); Barry Hogan,
Community Development Director (arrived at 12:03 a.m.); and
Deborah Traffenstedt, Assistant to City Manager /City Clerk.
The Council reconvened into open session at 12:20 a.m.,
August 22, 2003. Mr. Kueny stated that Items 13.B. (three
cases), 13.F., and 13.G. were discussed and that there was
no action to report.
Minutes of the City Council
Moorpark, California Page 32 August 21, 2002
13. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 12:20 a.m., August
22, 2002.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
MINUTES OF THE CITY COUNCIL
Moorpark, California May 7, 2003
A Regular Meeting of the City Council of the City of Moorpark
was held on May 7, 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 6:58 p.m.
2. PLEDGE OF ALLEGIANCE:
Joseph Montes, City Attorney, 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; Kenneth 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; Nancy Burns, Senior Management
Analyst; Paul Porter, Principal Planner;
Deborah Traffenstedt, Assistant to City
Manager /City Clerk; and Maureen Benson,
Deputy City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Certificate of Recognition to Ventura County Sheriff's
Department K -9 Handler Team for the Year 2002.
Mayor Hunter announced that Senior Deputy Matthew
DelaHuerta and his canine, Alf were unable to attend
the meeting and the presentation will be rescheduled.
B. Certificate of Recognition to the 2003 Moorpark Rotary
Club Officer of the Year.
Minutes of the City Council
Moorpark, California Page 2 May 7, 2003
Mayor Hunter asked Captain Diaz to join him in
presenting the Certificate of Recognition to Deputy
Damian Alvarez.
Captain Diaz introduced Deputy Alvarez's fellow
officers present in the audience who served as part of
the selection panel for this recognition.
Deputy Alvarez thanked the Council and all the
officers with whom he works and stated how much he
loves working in the city of Moorpark.
C. Certificate of Recognition to California Young Mother
of the Year.
Mayor Hunter presented the Certificate of Recognition
to Jana Ewing.
Ms. Ewing thanked the Council and the city of Moorpark
for their endorsement of all of the activities in the
community that focus on families. She reported on her
recent trip to Washington, D.C. where she represented
the Mothers of California at the National American
Mothers, Inc. convention. Ms. Ewing stated that this
year, National American Mothers, Inc. is taking on the
"War against Pornography." She asked the Council and
the City for support in this battle.
D. Proclamation Acknowledging May 2003 as Veteran
Appreciation Month.
Mayor Hunter presented the Proclamation to former
Councilmember and Marine Corps Veteran, John Wozniak.
Mr. Wozniak thanked the Council on behalf of all
Veterans and encouraged employment of veterans.
E. Proclamation Acknowledging May 2003 as Arthritis
Month.
Mayor Hunter presented the Proclamation to Arthritis
Foundation Board Member, Ella Cranny.
Ms. Cranny thanked the Council and went on to describe
the number of infants, children, and teenagers in
Ventura County who are afflicted with juvenile
rheumatoid arthritis.
Minutes of the City Council
Moorpark, California Page 3 May 7, 2003
F. Proclamation Acknowledging May 2003 as "Stay and Play
in Ventura County" Month.
Mayor Hunter presented the Proclamation to Margaret
Travers, Chair of the Ventura County Tourism
Collaborative.
Ms. Travers thanked the Council and described the
efforts of the Collaborative to stimulate economic
growth by promoting the hospitality industry and
cultural amenities in Ventura County. She reported
that the next issue of the Ventura County Insider will
showcase opportunities for leisure and recreational
activities in Ventura County. Ms. Travers
complimented city employee, Julie Hernandez, a member
of the Collaborative, for arranging a meeting at the
Secret Garden Restaurant, followed by a tour of the
Theater on High Street, which proved to provide two
more destinations of note in Ventura County.
G. Proclamation Acknowledging May 18th to May 24th as
National Public Works Week.
Mayor Hunter presented the Proclamation to Ken
Gilbert, Public Works Director.
Mr. Gilbert thanked the Council and stated that the
Public Works Department and its employees are an
essential asset to the Moorpark Community since they
enhance the quality of life by designing, building,
and maintaining the infrastructure.
5. PUBLIC COMMENT:
None.
AT THIS POINT in the meeting, the City Council recessed to
convene a meeting of the Moorpark Redevelopment Agency. The time
was 7 :19 p.m. The City Council meeting reconvened at 7:20 p.m.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
1-. J
Minutes of the City Council
Moorpark, California Page 4 May 7, 2003
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Millhouse, as Chair of the Ventura County
Transportation Commission, reported on the following
transportation issues: 1) the Highway 101 widening
project, as it affects Ventura County will not entail any
right -of -way concerns and public hearings on this matter
have yet to be scheduled; 2) Caltrans is working on a plan
to open the eastbound shoulder lane of State Route 118; 3)
the Commission voted against increasing the fare for the
Vista Bus Line within the County; and 4) due to Budget
constraints in Sacramento, there is nothing new to report
on the widening of Highway 23.
Councilmember Mikos, serving on the Board of Directors of
the 4th Supervisorial District's Commission on Human
concerns, announced a public meeting to be held on Monday,
May 12th at 5:30 p.m. in Oxnard to discuss what can be done
to help the homeless and low income families become self -
sufficient. She encouraged the public to email or send
written comments to the Commission and referenced the
City's Homepage at www.moorpark.ci.moorpark.ca.us for
additional information and a survey.
Councilmember Mikos announced an upcoming tour of the North
Park site on May 17th beginning at 9:00 a.m. from City Hall
and encouraged the public to contact the City if they wish
to participate.
8. PUBLIC HEARING:
A. Consider Minor Modification No. 2 to Commercial
Planned Development (CPD) No. 2001 -01 for Approval of
Site Plan and Building Elevations for a 3,220 Square
Foot In -N -Out Burger Drive - Through Restaurant on Pad 3
of CPD No. 2001 -01 (Moorpark Marketplace) Located
South of New Los Angeles Avenue, East of Miller
Parkway and West of the SR -23 Freeway on the
Application of In -N -Out Burger. Staff Recommendation:
1) Open the public hearing, accept public testimony
and close the public hearing; 2) Direct staff to
prepare a letter approving the Minor Modification No 2
to CPD 2001 -01 approving the revised site plan and
building elevations.
Minutes of the City Council
Moorpark, California Paqe 5
Mav 7, 2003
Mr. Hogan gave the staff report and stated that if the
Council so directs, staff will add a condition to
prohibit the crossed palm trees, which are considered
to be the logo for In -N -Out. He supplied two
additional conditions recommended by staff:
1. Prior to the issuance of a Zoning Clearance for a
building permit the applicant shall modify the site
plan in order to provide queuing for a minimum of
18 vehicles. This may involve the reconfiguration
or elimination of parking stalls that conflict with
queuing area. The modification shall be to the
satisfaction and approval of the Community
Development Director.
2. At a time when the operation of the drive - through
portion of the business has a vehicle queue in
excess of 12 vehicles, the applicant shall provide
one employee to direct traffic. When the queue
exceeds 15 vehicles, the applicant shall provide an
additional employee to direct traffic. The
Community Development Director may modify this
requirement to meet changing needs.
A discussion followed between the Council and staff,
which focused on the possibility of using angled
parking rather than eliminating parking spaces; an
expected vehicle queue line of 40 -plus vehicles
requiring an employee to be present to direct traffic
at all times; pedestrian- crossing safety issues in
relationship to the vehicle queue line; whether double
drive - though lanes should be considered; and whether
the crossed palms are present at each In -N -Out site.
Mayor Hunter opened the public hearing.
Orest Dolyniuk, of Novak & Associates, representing
the applicant, 132 N. Maryland Avenue, Glendale,
stated that the applicant concurs with staff's
recommendations and will work with the city to resolve
the queuing issues.
Raymond Villanueva, of In -N -Out, 13502 Hamburger Lane,
Baldwin Park, Director of Development, provided
background information on In —N -Out, which has been
open since 1948 and is the first drive - through
restaurant in California if not the nation.
Minutes of the City Council
Moorpark, California Paqe 6 May 7, 2003
In response to Council, Mr. Villanueva stated that the
company moved away from the double lane drive - through
when sit -down dining was added to the restaurant
configuration; they have not built a new double lane
drive - through in the last 15 -16 years; the single -lane
handles more volume and is speedier; a redesign to
accommodate 13 cars in the queue line rather than 18
cars, as recommended by staff, should be sufficient,
since the cars move every 45 seconds; when a store is
new, it is quite common to have associates out in the
parking lot taking orders; they do not expect huge
volumes at this location considering the proximity of
existing restaurants in Simi Valley, Newbury Park, and
Camarillo; the peak hour for vehicle stacking is at
lunch time; statistics show that half the clientele
prefer sit -down dining; unlike the Simi Valley
location, there is reciprocal parking in the adjacent
shopping center; the north side of the site is a
delivery and staging area; and the most convenient
location for a dining patio would be on the south
side, away from the queue line.
In response to Mayor Hunter, Mr. Hogan stated that
vehicles exiting the main aisle will be able to turn
either left or right; the applicant's suggestion for a
13 -car queue line is problematic and it is best to be
flexible to allow for up to 23 cars in the queue;
moving the order window further south would require
internal changes to the floor plan; and moving the
stacking further south would involve the main drive
aisle to Kohls, while stacking towards the north
remains exclusive to the restaurant site.
A discussion followed between Council, staff and the
applicant, which focused on continued concerns
regarding the underestimation of the volume of
business and the resulting vehicle - queuing problem;
the possibility of adding more outdoor tables; whether
this store has the same number of cooking surfaces as
other stores; how much landscaping would be eliminated
in reconfiguring the site; and whether the palm trees
should remain.
In response to Council, Mr. Villanueva stated that the
request to have employees outside to assist is not
onerous, as they are already required to go outside
Minutes of the City Council
Moorpark, California Paae 7 Mav 7, 2003
when stacking reaches more than 8 vehicles; this store
has the same number of cooking surfaces as in Simi
Valley; and the crossed palm trees are very important
to the founding owners, as part of the original design
based on the palms shown at the end of the old
Hollywood movie "It's a Mad, Mad, Mad, Mad World."
Mayor Hunter closed the public hearing.
A discussion followed among the Councilmembers,
resulting in the consensus that the condition
requiring outside staffing was acceptable; the
proposed condition regarding queuing should be
modified to allow the applicant and staff to work
together to reach a resolution; and crossed palm trees
are acceptable with placement to be determined by
staff.
MOTION: Mayor Hunter moved and Councilmember Harper
seconded a motion to direct staff to prepare a letter
approving the Minor Modification No 2 to CPD 2001 -01,
including the revised site plan and building elevations,
after working with the applicant on ingress /egress to allow
for more drive - through related vehicle stacking, additional
outdoor seating, and adjustments to the landscaping to
include the crossed palms in a location to be determined by
the Community Development Director.
Councilmember Millhouse stated he was torn between
having the plan come back to the Council for approval
or letting the Community Development Director work it
out with the applicant. He cautioned that this is a
very high profile item and care should be taken to
"get it right." He encouraged staff to validate the
numbers projected by the applicant by investigating
data from other In -N -Out stores.
Mayor Hunter stated that he will trust the applicant
in projecting the numbers as they have been in
business for 55 years and have a highly experienced
staff.
Councilmember Harper stated he trusts Mr. Hogan as
well.
Minutes of the City Council
Moorpark, California Paqe 8
Mav 7, 2003
Councilmember Mikos asked staff to develop a backup
plan to allow for additional vehicle stacking in the
drive - through lane.
The motion carried by unanimous voice vote.
B. Consider Approval of Site Plan and Building Elevations
for a 2,260 Square Foot Del Taco Drive - Through Fast
Food Restaurant on Pad 2 of Commercial Planned
Development (CPD) No. 2001 -01 (Moorpark Marketplace)
Located South of New Los Angeles Avenue, East of
Miller Parkway and West of the SR -23 Freeway on the
Application of Del Taco. Staff Recommendation: 1) Open
the public hearing, accept public testimony, and close
the public hearing; 2) Direct staff to prepare a
letter approving the Minor Modification No 1 to CPD
2001 -01 approving the revised site plan and building
elevations.
Mr. Hogan gave the staff report.
Mayor Hunter opened the public hearing.
Greg Nottingham, Nottingham & Associates, 506 Corte
Golondrina, Camarillo, representing Del Taco, stated
the applicant concurs with the staff report.
In response to Councilmember Mikos, Mr. Nottingham
stated that Del Taco is a sit -down restaurant more
than a drive - through and they typically have only five
to six cars in the queue at the drive - through window.
Mayor Hunter closed the public hearing.
MOTION: Councilmember Harper moved and Councilmember
Parvin seconded a motion to direct staff to prepare a
letter approving the Minor Modification No 1 to CPD 2001 -01
approving the revised site plan and building elevations.
The motion carried by unanimous voice vote.
AT THIS POINT in the meeting a recess was declared. The time
was 8:24 p.m. The Council meeting reconvened at 8:36 p.m.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider the 2003 Legislative Program. (Continued from
April 16, 2003) Staff Recommendation: Adopt the 2003
Legislative Program.
Minutes of the City Council
Moorpark, California Paqe 9 May 7, 2003
Mr. Riley gave the staff report.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
MOTION: Councilmember Millhouse moved and Councilmember
Mikos seconded a motion to adopt the 2003 Legislative
Program. The motion carried by unanimous voice vote.
B. Consider Revising Terms of CalHome Mobilehome
Rehabilitation Loan Program. Staff Recommendation:
1) Authorize a revision to the Promissory Note to
provide 0% interest to low and very low income
borrowers and forgiveness of the loan at the end of
the term, providing the mobilehome is still occupied
by the original owner; and 2) Extend these terms to
mobilehome residents who have already signed loan
documents for this program by substituting a New
Promissory Note for their original Note.
Ms. Burns gave the staff report.
In response to Council, Ms. Burns stated that the
program could be changed from 15 years to 10 years,
although that is a shorter time for mobilehome
residents to make needed repairs; whether the loan
comes due, the owner transfers title, or the owner
passes away, the lien would have to be paid;
transferring the loan obligation to an heir is not
part of the program; mobilehome owners are being
notified of the program at Homeowners Association
meetings and by circulating flyers; and the funds are
strictly State money used by the City for this
program.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
A discussion followed among the Councilmembers, which
focused on researching whether the program could be
restructured and still qualify under State guidelines
if the loan were transferred without payment of fees,
to an immediate family member who meets the same low
income qualifications and who would reside in the
mobilehome; if the loan were transferred without
paying fees to an immediate family member who would
reside in the mobilehome, but who does not qualify as
Minutes of the City Council
Moorpark, California Paae 10
May 7, 2003
low income; and if the loan program could be shortened
to 10 years with forgiveness at six years.
Mr. Kueny suggested that staff could either return
with this item after researching the suggestions to
see if they comply with State regulations or if
Council directs, could change the program to allow the
transfer to an heir to the extent permitted by the
State.
Councilmembers Harper and Mikos stated that they
preferred that the heir meet the low- income
qualifications.
MOTION: Councilmember Millhouse moved and Councilmember
Parvin seconded a motion to: 1) Authorize a revision to
the Promissory Note to provide 0% interest for a ten (10)-
year term to low and very low income borrowers and to begin
forgiveness of the loan at the end of year six (6) at 200
per year through year 10, providing the mobilehome is still
occupied by the original owner or successor heir who
resides in the unit, in compliance will all State
regulations; and 2) Extend these terms to mobilehome
residents who have already signed loan documents for this
program by substituting a New Promissory Note for their
original Note. The motion carried by unanimous voice vote.
C. Consider Establishment of the Speed Law Outreach
Workeffort (SLOW) Program. Staff Recommendation:
Approve the implementation of the SLOW program, as
described in the program description contained in the
agenda report.
Mr. Gilbert gave the staff report. He corrected the
recommendation in the staff report to add that the
Transportation and Streets Committee also recommends
approval of the SLOW Program.
In response to Councilmember Parvin, Captain Diaz
stated that identifiable uniforms and vehicles will be
used by the Citizen's Patrol; informative letters will
be addressed to the registered owners of the offending
vehicles; and citizens will be instructed to respond
directly to him.
Minutes of the City Council
Moorpark, California Page 11 May 7, 2003
In response to Councilmember Parvin, Mr. Gilbert
stated that a similar program has been effective in
Santa Barbara.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
MOTION: Councilmember Millhouse moved and Councilmember
Harper seconded a motion to approve the implementation of
the SLOW program, as described in the program description
contained in the agenda report. The motion carried by
unanimous voice vote.
D. Consider Possible Action to Change the Name of Certain
City Street Segments (Los Angeles Avenue east of High
Street, New Los Angeles Avenue and Los Angeles Avenue
east of Collins Drive). Staff Recommendation: 1)
Direct staff to schedule a public meeting to consider
changing the names for street Segment C (Los Angeles
Avenue east of High Street) , and to mail a notice of
such meeting to all affected properties, emergency
response agencies and utilities; and 2) Direct staff
to meet with officials of the City of Simi Valley to
discuss a coordinated effort to change the name of
Segment E as defined in the agenda report.
Mr. Gilbert gave the staff report. He stated that
late correspondence from Kavlico Company had been
received and, if so directed, can be made a part of
the public record.
A discussion followed between the Council and staff,
which focused on the name change from the State Route
118 freeway to High Street; meetings to be held with
other entities; and the need for a phased approach to
allow businesses time to change addresses on
letterhead, business cards, and advertising.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
Mayor Hunter stated that he supports staff's
recommendation; a 13 -month phased approach would allow
companies to accommodate address changes on a fiscal
year basis; and these street names have caused
confusion which has impacted the revitalization of the
downtown area.
G. A--N '-" -• �
Minutes of the City Council
Moorpark, California Paqe 12 May 7, 2003
Councilmember Harper stated that this confusion in
street names is also a safety issue for emergency
response vehicles, and acknowledged that there will be
resistance from affected business owners.
Councilmember Parvin stated that she supports the
recommendation for a time period prior to changing the
street names to allow businesses, such as Kavlico,
which is the second largest manufacturing company in
the County, to deal with the cost of the changes.
Councilmember Mikos stated that she supports the
recommendation, especially the one for High Street, as
it will be good for downtown revitalization to have an
identifiable freeway exit to High Street; the other
name changes will be harder, but should be explored;
and it will be necessary to work with Kavlico for a
smooth transition.
MOTION: Councilmember Harper moved and Councilmember Mikos
seconded a motion to: 1) Schedule a public meeting to
consider changing the names for street Segment C (Los
Angeles Avenue east of High Street), and to mail a notice
of such meeting to all affected properties, emergency
response agencies and utilities; and 2) Direct staff to
meet with officials of the City of Simi Valley to discuss a
coordinated effort to change the name of Segment E as
defined in the agenda report. The motion carried by
unanimous voice vote.
E. Consider Resolution Renaming Paul E. Griffin Park and
Approve the Park Naming Policy Revisions. Staff
Recommendation: 1) Adopt Resolution No. 2003 -2077,
renaming Paul E. Griffin Park to College View Park;
and 2) Approve the revised Park Naming Policy, and
direct staff to add the newly approved policy to the
Council Policies.
Ms. Lindley gave the staff report.
Councilmember Mikos suggested that the Park Naming
Policy verbiage be modified to allow a prominent local
or regional area figure from the unincorporated area
near Moorpark.
Minutes of the City Council
Moorpark, California Paae 13
Mav 7, 2003
Mayor Hunter concurred and recommended changing the
words "City of Moorpark" to "local."
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
MOTION: Councilmember Harper moved and Councilmember Mikos
seconded a motion to: 1) Adopt Resolution No. 2003 -2077,
renaming Paul E. Griffin Park to College View Park; and 2)
Approve the revised Park Naming Policy, as amended, with
direction to staff to add the newly approved policy to the
next update of the Council Policies Resolution. The motion
carried by voice vote 4 -1, Councilmember Millhouse
dissenting.
10. CONSENT CALENDAR:
MOTION: Councilmember Harper moved and Councilmember Parvin
seconded a motion to approve the Consent Calendar. The motion
carried by unanimous roll call vote.
A. Consider Approval of Minutes of Adjourned Meeting of
January 23, 2002.
Staff Recommendation: Approve the minutes.
B. Consider Approval of Warrant Register for Fiscal Year
2002 -2003 - Mav 7, 2003.
Manual Warrants
Voided Warrant
Payroll Liability
Warrants
112509 - 112511
112181 & 112303 &
112508 & 112623 &
112626
112611 - 112615
$ 363,898.17
$ (944.00)
$ 2,552.49
Regular Warrants 112512 - 112610 & $ 83,184.18
112616 - 112722 $ 712,460.11
Staff Recommendation: Approve the warrant register.
C. Consider Government Accounting Standards Board (GASB)
Statement No. 34 Implementation Proposals. Staff
Recommendation: 1) Adopt the recommended
infrastructure capitalization threshold of $100,000
Minutes of the City Council
Moorpark, California Page 14 May 7, 2003
and fixed asset (equipment) capitalization threshold
of $5,000 effective July 1, 2002; 2) Approve the use
of the standard depreciation reporting method for the
entire infrastructure of the City upon adoption of the
New Report Model; 3) Authorize the City Manager to
execute a professional services agreement with Harris
& Associates subject to final language approval by the
City Attorney and City Manager not to exceed $24,990;
4) Accept the proposal from Vavrinek, Trine, Day &
Co., LLP, for assistance in implementation of GASB 34
in accordance with their current hourly rates not to
exceed $20,000; and 5) Adopt Resolution No. 2003 -2078
amending the Fiscal Year 2002/2003 Budget to revise
the amount of funding for this project per the agenda
report. ROLL CALL VOTE REQUIRED
D. Consider Resolution
Declaration Prepared
Spring Road Widening
Angeles Avenue.
Resolution No. 200
Negative Declaration
Road Widening.
Adopting the Mitigated Negative
on Behalf of Project No. 8026:
Between Flinn Avenue and New Los
Staff Recommendation: Adopt
3 -2079, adopting the Mitigated
for Project No. 8026: Spring
E. Consider Resolution Approving the Engineer's Report
for the Landscaping and Lighting Maintenance
Assessment Districts for Fiscal Year 2003/2004. Staff
Recommendation: Adopt Resolution No. 2003 -2080,
approving the Engineer's Report and setting June 4,
2003, as the date of a public hearing to consider the
levy of assessments for FY 2003/04.
F. Consider Award of Contract for the Construction of the
Flinn Avenue Realignment Project (Project 8037) and
Adoption of a Resolution Amending Fiscal Year
2002/2003 Budget to Revise the Funding for Said
Project. Staff Recommendation: 1) Approve the award
of a contract to Nativ Engineering, Inc. for the
construction of the subject project; and 2) Adopt
Resolution No. 2003 -2081. ROLL CALL VOTE REQUIRED
G. Consider Resolution Amending Fiscal Year 2002/2003
Budget for the 2003 Asphalt Overlay Project (Project
8011) and Approval of the Award of a Contract for the
Construction of Said Project. Staff Recommendation:
1) Approve the award of a construction contract to
Minutes of the City Council
Moorpark, California Page 15 May 7, 2003
Ruiz Engineer Company; and 2) Adopt Resolution No.
2003 -2082. ROLL CALL VOTE REQUIRED
H. Consider Bond Reduction and Bond Exoneration for
Parcel Map 5242 (Moorpark Partners, LLC) , Located at
the Intersection of Mountain Trail Street and Tierra
Rejada Road. Staff Recommendation: 1) Authorize the
City Clerk to reduce surety #127307 to 100, for a
total of $3,684; 2) Authorize the City Clerk to
exonerate Grading Security Deposit in the amount of
$3,085.06; and 3) Authorize the City Clerk to fully
exonerate surety #127307 for Parcel Map 5242 one year
after this approval of the reduction of surety bond,
and upon written confirmation from the City Engineer
that no warranty work is required.
I. Consider Rejection of Claim: Amanda Zopfi. Staff
Recommendation: Reject the claim and direct staff to
send a standard rejection letter to the claimant.
J. Consider Initiation of Amendment to California Public
Employees' Retirement System (CalPERS) Contract.
Staff Recommendation: Direct Staff to schedule City
Council consideration of adoption of a CalPERS
contract amendment consistent with the requirements of
Government Code Section 20903.
K. Consider Adoption of a Resolution Authorizing the
Submittal of a Ventura County Area Agency on Aging
Grant Application for Older Americans Act and Older
Californians Act Funds and Authorizing City Manager to
Sign All Related Agreements. Staff Recommendation:
Adopt Resolution No. 2003 -2083.
L. Consider Adoption of a Resolution Authorizing the
Submittal of a Ventura County Area Agency on Aging
Grant Application for Older Americans Act Title III B
Funds for Senior Center Support and Authorizing City
Manager to Sign All Related Agreements. Staff
Recommendation: Adopt Resolution No. 2003 -2084.
M. Consider the Setting of a Special Joint City Council/
Planning Commission /Parks and Recreation Commission
Meeting to Tour the North Park Specific Plan Project
Site (General Plan Amendment No. 2001 -05, Specific
Plan No. 2001 -01 and Zone Change No. 2001 -02 and the
Moorpark Hiahlands Specific Plan Protect Site (General
Minutes of the City Council
Moorpark, California Paqe 16 May 7, 2003
Plan Amendment No. 1999 -01, Zone Change No. 1999 -01,
Specific Plan No. 1995 -02, Residential Planned
Development No. 2002 -01, Tentative Tract Map No.
5045). Staff Recommendation: Direct staff to
schedule a Special Joint City Council /Planning
Commission /Parks and Recreation Commission meeting to
tour the North Park Specific Plan project site and the
Moorpark Highlands Specific Plan project site for
Saturday, May 17, 2003, to begin at 9:00 a.m. at City
Hall.
11. ORDINANCES:
None.
12. CLOSED SESSION:
None was held.
13. ADJOURNMENT:
MOTION: Councilmember Millhouse moved and Councilmember Mikos
seconded a motion to adjourn. The time was 9:28 p.m. The
motion carried by unanimous voice vote.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
MINUTES OF THE CITY COUNCIL
Moorpark, California June 18, 2003
A Regular Meeting of the City Council of the City of Moorpark
was held on June 18, 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 6:56 p.m.
2. PLEDGE OF ALLEGIANCE:
City Attorney, Joseph Montes, 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;
Sergeant Mike Aranda, Sheriff's Department;
Scott Wolfe, Principal Planner; Deborah
Traffenstedt, Assistant to City Manager /City
Clerk; and Maureen Benson, Deputy City
Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Presentation of Certificates to Miss Teen Moorpark
2003 and Miss Moorpark 2003.
Mayor Hunter presented Certificates of Recognition to
Serena Deverich, Miss Teen Moorpark 2003, and Hilary
Gushwa, Miss Moorpark 2003.
B. City Manager's Monthly Report.
Mr. Kueny gave the monthly report. He thanked City
staff for their excellent work throughout the past
fiscal year and as they move forward to celebrate the
Minutes of the City Council
Moorpark, California Paqe 2 June 18, 2003
City's 20th Anniversary. Mr. Kueny highlighted some of
the Top Ten Priorities for the next fiscal year,
including construction of the new City Hall., Corporate
Yard Facility, and the Police Station; updates to the
General Plan Land Use, Circulation, and OSCAR (Open
Space, Conservation and Recreation) Elements; widening
various segments of Los Angeles Avenue throughout the
City; and the construction of the Human Services
Complex.
Councilmember Mikos congratulated the City Council and
staff for making the Human Services Complex one of the
Top Ten Priorities for next fiscal year and also, for
finally adding improvements to East Los Angeles Avenue
to the Top Ten Priorities.
5. PUBLIC COMMENT:
Margarita Riley, Executive Assistant for the Moorpark
Symphony Orchestra, 7075 Campus Park Road, Moorpark,
announced that with additional funds, Beethoven's Symphony
No. 9 can be performed by the Moorpark Symphony Orchestra
at the Oxnard Performing Arts Center.
Dr. Alvin Miller, member of the Moorpark Symphony
Orchestra, 7075 Campus Park Road, Moorpark, stated that the
orchestra is a vehicle for interested youth in the
community to play in an ensemble. He invited the community
to attend and enjoy concerts at Moorpark College and
reiterated Ms. Riley's solicitation for funds for the
Beethoven concert.
Margaret Travers, Executive Director of the Ventura County
Arts Council, 646 County Square Drive, Ventura, spoke about
the city of Moorpark's outstanding resources, such as
Moorpark College and the Moorpark Symphony Orchestra. She
stated it would be wonderful if the City could support the
Beethoven concert.
James Song, Director of the Moorpark Symphony Orchestra,
7075 Campus Park Road, Moorpark, thanked the Council for
their past support. He spoke about Beethoven's
accomplishment in composing Symphony No. 9 even though he
was deaf; and requested financial support to make the 180th
anniversary celebration of this piece of music possible.
Minutes of the City Council
Moorpark, California Paqe 3
June 18. 2003
Mayor Hunter stated that the request for funds would need
to be considered by the Budget and Finance Committee.
Councilmember Harper stated that this request for funds
could possibly be discussed during the budget approval on
this agenda.
AT THIS POINT in the meeting, the City Council recessed to
convene a meeting of the Moorpark Redevelopment Agency. The time
was 7:13 p.m. The City Council meeting reconvened at 7:16 p.m.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Millhouse announced that the city of Moorpark
is once again ranked as the safest city in Ventura County;
and stated this is a testament to the greatness of the
community.
Councilmember Millhouse requested a future agenda item to
reconsider the decision made at the June 4, 2003, City
Council meeting in regard to left -turn egress from the
GreeneWay project onto Spring Road, to allow for the
possibility of adopting a time restriction for left -turns
during peak traffic times, and suggested from 7:00 a.m. to
9:00 a.m. and then again from 4:00 p.m. to 6:00 p.m.,
rather than a full restriction of left turns. He stated
that the City Attorney has advised that this
reconsideration may have to be a public hearing with the
proper notification provided.
MOTION: Councilmember Millhouse moved and Councilmember
Parvin seconded a motion to agendize for August 20, 2003,
after public notice, if required, the reconsideration of
left -turn egress onto Spring Road from the GreeneWay
Development, Inc. project CPD 2002 -01, which was heard at
the June 4, 2003, City Council meeting. The motion carried
by voice vote 4 -1, Councilmember Mikos dissenting.
Councilmember Parvin requested a future agenda item for a
comprehensive presentation of the requirements and
resources available to assist the public in appealing a
Code Enforcement decision.
Minutes of the City Council
Moorpark, California Page 4
June 18, 2003
Mayor Hunter invited residents of Moorpark to attend the
July 2nd City Council meeting where the City's 20th
Anniversary will be celebrated with a reception.
Mayor Hunter announced the July 3rd Fireworks Extravaganza
to be held at Arroyo Vista Community Park from 4 -9:00 p.m.
including live entertainment with Ronny and the Classics,
Starship, Ed McMahon, sky diving, and fireworks to begin at
9:00 P.M.
Mayor Hunter announced the After Dark Dance for teens in
grades 6th through 9th at Arroyo Vista Recreation Center on
July 11th from 7 -10:00 p.m.
Mayor Hunter announced
Camp for ages 12 throul
trips to destinations
movies, and favorite
Additional information
Vista Recreation Center
8. PUBLIC HEARING:
that registration for Teen Travel
3h 15 is $110.00 per week for daily
such as amusement parks, malls,
hangouts within Ventura County.
is available by calling the Arroyo
at 517 -6300.
A. Consider Minor Modification No. 3 to Residential
Planned Development Permit (RPD) No. 98 -01 and Minor
Modification No. 3 to Vesting Tentative Tract Map
(VTTM) No. 5133, Located on the South Side of Los
Angeles Avenue West of Fremont Street, on the
Application of Shea Homes. Staff Recommendations: 1)
Open the public hearing, accept public testimony, and
close the public hearing; 2) Adopt Resolution No.
2003- approving Minor Modification No. 3 to RPD
No. 98 -01 and Minor Modification No. 3 to VTTM No.
5133 subject to Conditions of Approval.
Mr. Hogan stated that the applicant is requesting a
continuance of this item to the July 2, 2003, meeting
to allow time to continue to work with staff on
issues.
Mayor Hunter opened the public hearing.
Phil Culler, representing Shea Homes, 555 St. Charles
Street, Suite 205, Thousand Oaks, stated he was
available for questions.
✓ �/�J �JW
Minutes of the City Council
Moorpark, California Page 5 June 18, 2003
Ro K. Hawkinson, a Moorpark resident, expressed
concerns about a potential recreational development
associated with the Shea project, which would create a
parking problem on Fremont Street.
Mark Patton, a Moorpark resident, expressed concerns
regarding water drainage onto his property due to
changes in grading elevations for this project; and
the need for a sound wall to be installed to block
noise from the increased traffic behind his home.
Dominic Schmidt, a Moorpark resident and member of the
volunteer Fremont Homeowners Association, thanked Shea
Homes for meeting with the neighborhood to answer
questions; urged the City Council to consider the
potential for a signalized intersection at Millard
Street and Los Angeles Avenue as a positive change for
his neighborhood; and asked the Council to take action
on this project without changing the nature of Fremont
Street in any major way.
Monica Welikala, a Moorpark resident, expressed
concerns regarding impacts to adjacent properties due
to the pounding needed to compact the soil for this
project site; asked that an 8 -foot privacy wall be
considered for adjacent properties; and asked when
Fremont Street will be blocked off from access to Los
Angeles Avenue by a proposed wall.
Steve Mercado, a Moorpark resident, also expressed
concerns about drainage problems and the need for a
sound wall. He asked if future phases of the Shea
project could include a locked gate for exclusive use
by Fremont Street residents to allow continued access
to nearby stores.
Ronald Schnoebelen, a Moorpark resident, asked if the
new wall to be installed by Shea could be placed in
the same location as the existing four -foot fencing
and also between each garage to eliminate the concern
that litter will become trapped between the old and
new fencing.
Mayor Hunter directed staff to be prepared to respond
to these concerns at the July 2, 2003, meeting.
V /� >W✓
Minutes of the City Council
Moorpark, California Paqe 6 June 18, 2003
MOTION: Councilmember Millhouse moved and Councilmember
Parvin seconded a motion to continue this item with public
hearing open, to July 2, 2003. The motion carried by
unanimous voice vote.
B. Consider Adoption of a Resolution Declaring the
Private Roads within Residential Planned Development
(RPD) 2002 -02 (USA Properties) to be Subject to the
Provisions of the California Vehicle Code. Staff
Recommendation: Adopt Resolution No. 2003 -2099.
Mr. Gilbert gave the staff report.
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.
MOTION: Councilmember Harper moved and Councilmember
Parvin seconded a motion to adopt Resolution No. 2003 -2099.
The motion carried by unanimous voice vote.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Resolution Adopting an Operating and Capital
Improvements Budget for the City of Moorpark for the
Fiscal Year 2003/2004. (continued from May 28, 2003)
Staff Recommendation: Adopt Resolution No. 2003 -2100.
ROLL CALL VOTE REQUIRED
Mr. Kueny gave the staff report. He stated that staff
concurs with Mayor Hunter that any decision regarding
a contribution to the Moorpark Symphony Orchestra be
referred to the Budget and Finance Committee for
consideration, especially since impacts to the City's
budget, from the yet to be adopted State budget, are
not known.
In response to Councilmember Mikos, Mr. Kueny stated
that other than continuing to let the State
Legislature know of the impacts to the City's budget,
there is nothing the public or city government can do
that has not already been done; the inability of the
State to pay State salaries would not affect the
City's payroll; staff does not recommend paying
Minutes of the City Council
Moorpark, California Page 7
June 18, 2003
overtime costs for police personnel to participate in
Neighborhood Night Out; and the funds would be better
allocated to provide for a portable generator to be
used as an emergency backup system at the Police
Station.
Mayor Hunter expressed frustration at the State's
inability to adopt a State budget without transferring
funds from cities and counties that have already made
the necessary, difficult budget cutting decisions. He
stated that the State budget process is antiquated and
beyond remedy.
Councilmember Millhouse stated that it
that citizens do not know how the State
dollars to spend and provide programs
legislators are not held accountable;
take a referendum to remedy the deadlc
making on the State budget.
Councilmember Mikos stated
$1 paid in property taxes
keeps; and she encouraged
State Congressman to act
budget.
is unfortunate
uses their tax
irresponsibly;
and it might
>ck in decision
that 7'-i� cents out of every
is all the local community
the public to email their
to balance and pass the
A discussion followed among the Councilmembers and
staff focusing on the enhancement of positive
relationships between residents, police, and fire
department personnel fostered by Neighborhood Night
Out; ideas for reducing the cost of the event; the
actual number of participating neighborhoods; using
on -duty personnel rather than paying overtime; and the
possibility of the generator being donated, which
would be tax deductible.
It was the majority opinion of the Council to continue
the Neighborhood Night Out for the coming year with
efforts to streamline the costs.
Mr. Kueny stated that staff will find another way to
supply a portable emergency generator to the Police
Station.
A discussion followed among the Councilmembers and
staff concerning support for the Moorpark Symphony
Orchestra's request for financial assistance; the huge
r-
Minutes of the City Council
Moorpark, California Page 8 June 18, 2003
undertaking of coordinating such an event requiring
the need for additional funds; and whether or not the
symphony could wait until after the approval of the
State budget and a subsequent meeting of the City's
Budget and Finance Committee.
CONSENSUS: It was the consensus of the Council to take the
Moorpark Symphony Orchestra's request for financial
assistance for the Beethoven's' No. 9 Symphony event under
consideration at the first September meeting of the Budget
and Finance Committee.
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 -2100,
as amended, to continue the Neighborhood Night Out Event.
The motion carried by unanimous roll call vote.
B. Consider Replanting Plan for High Street Pepper Trees.
Staff Recommendation: Approve the removal of the 6
Pepper trees on High Street with a hazard rating of 9,
and direct staff to develop a replanting plan for the
6 trees as well as a removal and replanting plan for
the 18 trees with a hazard rating of 8.
Ms. Lindley gave the staff report.
In response to Councilmember Mikos, Ms. Lindley stated
that staff is aware of the electrical wires entwined
in some of the Pepper trees; and undergrounding of
electrical lines is a future consideration for High
Street.
A discussion followed among the Councilmembers and
staff focusing on the need for a second arborist's
opinion; the cost of cabling; alternatives to cabling;
researching other cities' techniques for saving old
trees; and the importance of involving the public and
the Moorpark Historical Society in a discussion to
save the trees.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
Minutes of the City Council
Moorpark, California Paqe 9 June 18, 2003
CONSENSUS: It was the consensus of the Council to direct
staff to continue the item to August 20, 2003, to allow
time to obtain the opinion from a second arborist.
C. Consider Approval of the Arroyo Simi Trail Study.
Staff Recommendation: Approve the subject Study and
forward a copy of same to Ventura County
Transportation Commission with a request that they
consider becoming the lead agency for the development
of funding sources and conceptual designs for one or
more projects required to implement the objectives
outlined in the Study.
Mr. Gilbert gave the staff report. He corrected the
dollar amount of Item 4. on stamped page 60 of the
agenda report to reflect a total of $12,000. Mr.
Gilbert introduced Mike Sherrod from RRM Design Group
who prepared the Arroyo Simi Trail Feasibility Study.
Mr. Sherrod gave a presentation of the proposal
identifying the project team, project study area and
context, feasibility study purpose, trail route
identification process, near- and long -term trail
routes, and plans for the future.
Mr. Gilbert stated that this report prepared by the
consultant is a 'show to" book on the steps necessary
to achieve the objective; the trails can be developed,
especially along the existing levee maintenance roads;
however, there are many funding questions dealing with
maintenance, liability, security, and interaction with
the Flood Control District; and jurisdictional issues
remain in regard to the City of Simi Valley, Simi
Valley Parks and Recreational District, the Flood
Control District, and various regulatory agencies and
habitat organizations. He also stated that staff
recommends enlisting the Ventura County Transportation
Commission (VCTC) as an umbrella agency to work with
all the entities involved to pursue a sub - regional
system.
Councilmember Mikos stated that State laws make the
liability concerns perceived by the public to be less
than anticipated and she would prefer exploring what
the city of Moorpark can do prior to handing the
project off to the VCTC.
Minutes of the City Council
Moorpark, California Page 10 June 18, 2003
Mr. Sherrod cited Appendix C in the Feasibility Study
as providing information contained in the California
Land Use statutes regarding liability; and noted that
the Rails and Trails Conservancy has prepared a
document on the real and perceived liabilities for
trails.
Mr. Hogan stated that in regard to recommendations
from the consultant for the Bicycle Transportation
Plan, Circulation Element Update, and the Recreation
Element Update, the Community Development Department
is not expected to begin that effort until late 2004.
He concurred with the staff report's recommendation to
delay acting on the Environmental Impact Report until
those projects are completed.
In response to Councilmember Mikos' concern that it
might be more appropriate to further develop the
project design prior to turning the trail plan over to
the VCTC, Mr. Hogan stated it might be best to wait
and explore further, the funding and priorities of the
trail plan.
In response to Councilmember Mikos' concern regarding
the endangered bird cited in the trail location
component of the study, Mr. Sherrod stated that if
this document is adopted tonight, it can be used later
as a foundation document when the EIR is performed.
Councilmember Harper stated that the report is
complete and well done; however, he was surprised by
the cost, and asked if there is a possibility for a
budget model.
In response to Councilmember Harper's suggestion that
the levee road is already used as a defacto trail, Mr.
Sherrod stated that the cost of development can be
reduced by using existing levee roads with the added
requirement of a paved surface, development of a Class
1 Facility per the CalTrans Guidelines, and the
placement of some kind of fencing between the levee
top and the channel bottom. He further stated that to
get started, a "bare bones" facility could be designed
in coordination with the Flood Control District.
Councilmember Parvin stated that she concurs with
staff's recommendation to submit the study to VCTC to
Minutes of the City Council
Moorpark, California Page 11 June 18, 2003
communicate the goals and objectives and to get their
assistance early.
Councilmember Millhouse concurred with Councilmember
Parvin and stated that identifying potential funding
sources can be done ahead of time and the application
submitted now.
Mr. Sherrod recommended continuing to write grant
applications, and that being creative in seeking funds
is essential for success.
Councilmember Mikos stated that when she served on the
Citizens Transportation Advisory Committee, if you did
not have a Bicycle Transportation Plan in place, it
was not worth applying for grants; she does not
disagree with communicating to let the VCTC know of
the plans by sharing this report; however, she is not
ready to give the task of developing the conceptual
design over to them and let the City lose control.
She recommended completing the easy tasks first, like
the documentation for the Bicycle Transportation Plan,
so that when the Arroyo is widened, Moorpark will be
in the best position to make the trails happen.
Mr. Gilbert stated that it would not be wise to
develop the levee trail until the improvements to the
flood control channel have been accomplished; the
consultant has provided the bureaucratic criteria for
that development; this study was also designed to
provide information on whether or not Moorpark's
trails could ultimately connect with the Madera Road
trail in Simi Valley, which makes this report a
valuable tool; and the City could move forward at this
time with putting a ramp under the Tierra Rejada
bridge and work with the County to amend their design
at our cost.
Councilmember Millhouse suggested that only the study
be forwarded to the VCTC with a request to assist in
finding funding sources, since there is not a
consensus for the VCTC to become the lead agency; and
let staff work on the updating of the General Plan and
development of conceptual designs for one or more
projects.
�r 1
fir'
Minutes of the City Council
Moorpark, California PaQe 12 June 18, 2003
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
MOTION: Mayor Hunter moved and Councilmember Millhouse
seconded a motion to receive and file the subject study and
forward a copy of same to the VCTC with a request for the
development of funding sources. The motion carried by
unanimous voice vote.
D. Consider Traffic Signal Coordination on Tierra Rejada
Road. Staff Recommendation: Receive and file the
report.
Mr. Gilbert gave the staff report.
Mayor Hunter thanked staff for their assistance with
this very frustrating situation.
Mr. Gilbert encouraged the Council and the public to
provide any feedback on the newly coordinated signals.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
CONSENSUS: It was the consensus of the Council to receive
and file the report.
E. Consider Preliminary Design for the Corporation Yard
Project. Staff Recommendation: Receive and file the
subject report, approve the preliminary design
concept, approve Construction Option `A' (masonry
construction with covered parking) and direct staff to
work with the architect to develop options for
reducing construction costs, with a report on such
findings to be provided to the City Council prior to
fifty percent (500) completion of the Phase 2
Conceptual Design.
Mr. Gilbert gave the staff report.
In response to Councilmember Mikos, Mr. Gilbert stated
that on stamped page 77 of the agenda report, Item 4.,
is the budget completed a year ago, while Item 3. is
the actual cost. He also stated Council approval
would be required before including a liquid natural
gas facility in the project; and if it were added, it
Minutes of the City Council
Moorpark, California Page 13 June 18, 2003
would give the option of converting vehicles in the
fleet for that use.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
In response to Councilmember Parvin, Mr. Gilbert
stated that the preferred plan for the project has
covered parking located next to the building and along
the northern perimeter of the site; the awnings would
not need to be supported from the wall; and
eliminating the covered parking as a cost cutting
measure would preclude working on vehicles during
adverse weather; however, he would research the cost
savings.
In response to Councilmember Parvin, Mr. Gilbert
stated that the showers in the existing facility are
not often used; however, he would need to research
whether there is a safety need for such showers.
CONSENSUS: It was the consensus of the Council to receive
and file the subject report, approve the preliminary design
concept, approve Construction Option `A' (masonry
construction with covered parking) and direct staff to work
with the architect to develop options for reducing
construction costs, with a report on such findings to be
provided to the City Council prior to fifty percent (500)
completion of the Phase 2 Conceptual Design.
F. Consider a Resolution of Necessity to Acquire Fee
Title by Eminent Domain Certain Real Property Owned by
Benjamin Duarte Located at 296 Charles Avenue. Staff
Recommendation: 1) Make the findings of public
necessity as described in the agenda report; and 2)
Adopt Resolution 2003 -2101, including the adoption of
the Negative Declaration for the Project as prepared.
4 /5th,s ROLL CALL VOTE REQUIRED
Mr. Riley gave the staff report.
In response to Councilmember Parvin, Mr. Riley stated
that consideration for eliminating the park in front
of City Hall has not been incorporated into plans for
the new City Hall, at this time.
Minutes of the City Council
Moorpark, California Paae 14 June 18, 2003
Ben Duarte, property owner of 296 Charles Street and
resident of Oxnard, read a copy of a letter sent to
Council the previous week in which he opposed the
Resolution of Necessity to acquire his property. He
cited safety concerns for children playing in a park
so close to a fire station where emergency response
vehicles would be traveling; the noise created by the
children would adversely affect the seniors at the
Senior apartments across the street; and he held up a
check written as an advance to an architect for the
home the Duarte family intends to build on the
property.
Ben J. Duarte, an Oxnard resident, stated that the
architect hired by the Duarte family is seriously
pursuing the construction of a home on this property
and the design will be similar to the design of the
Betancourt house next to this lot; the eminent domain
process is being rushed; there is already a park in
front of City Hall; Charles Street is not a safe
location for a park due to the traffic; there are
several other suitable empty lots in the neighborhood
or even the empty fire station for locating a park;
this location is too small and has limited parking;
and the public was not consulted about what type of
downtown park they would like.
Cindy Hollister, a Moorpark resident, spoke in
opposition to taking the property that has been in the
Duarte family for years, to install a mini park, which
is not a necessity.
In response to Councilmember Harper, Mr. Kueny stated
that there is no approved plan for the park; however,
it is anticipated to have landscaping and basic park
amenities such as "tot lot" equipment and barbeque.
In response to Councilmember Millhouse and Mayor
Hunter, Ms. Lindley equated this park to that of a
mini - neighborhood park similar to Campesina and
Virginia Colony Parks, which are designed to
specifically serve those neighborhoods.
In response to Councilmember Millhouse, Mr. Riley
stated that this location is being considered as it is
vacant property, sited within the public's view, and
Minutes of the City Council
Moorpark, California Page 15 June 18, 2003
located directly behind the new fire station, which is
considered a compatible use.
In response to Councilmember Millhouse, Sergeant
Aranda stated that there is no loitering issue in this
area.
Councilmember Parvin stated that Mr. Duarte' s comments
regarding adverse effects on seniors is not credible,
as studies show that it is beneficial for seniors to
be around children.
Councilmember Harper stated that it is difficult to
take property away, but the owners will be fairly
compensated; the property has been vacant for many
years; and the neighborhood will benefit from having a
downtown park that does not require crossing Moorpark
Avenue.
Councilmember Millhouse stated that it is very
difficult to take property; however, this property is
an eyesore; the owners have not done anything with the
property in years; there is no recommendation from the
Parks and Recreation Commission and he is not sure he
is persuaded this is the best location for a park; he
would like to see more negotiations with the property
owners; and staff should return with a location study.
Councilmember Mikos stated that she recognizes that no
one wants their land purchased out from under them,
but this is vacant land without a house.
In response to Councilmember Mikos, Mr. Riley stated
that this property is being considered, because the
Downtown Specific Plan calls for development of parks,
and specifically in this neighborhood; the site's
proximity to the central part of the neighborhood is
ideal; the lot is smaller than one would normally
consider for building a home; and even though the
Duarte's architect did call staff two to three weeks
ago, they have not shared any of the construction
plans or drawings with staff.
Councilmember Mikos stated that she did not consider
loitering to be a problem at this location and it
seems ideal for a mini -park since it is protected from
the busier streets and is centrally located.
Minutes of the City Council
Moorpark, California Page 16 June 18, 2003
In response to Councilmember Mikos, Mr. Kueny stated
that the lot at the end of Spring Road has already
been acquired by Pardee for improvements to Spring
Road and would not be available for a mini -park.
Mayor Hunter stated that this location is an ideal
place for a park; the playground in front of City Hall
may be eliminated when City Hall is expanded; he does
not like to see families crossing Moorpark Avenue to
get to the City Hall playground; this is a central
location; the lot has been vacant for decades and
there will be no displacement of residents; and it
appears to be reasonable that the public good is well
served by a small neighborhood park.
Councilmember Millhouse respectfully disagreed and
stated he cannot make Finding No. 1. that the public
interest and necessity require the construction of a
park at this location; and he is concerned that this
location will become a gathering place for
undesirables, since the street is not well traveled or
well lighted.
Mayor Hunter stated that the same could be said about
the location of many city parks.
MOTION: Councilmember
seconded a motion to:
necessity as described
Resolution 2003 -2101,
Negative Declaration
motion carried by rol.
Millhouse dissenting.
Harper moved and
1) Make the
in the agenda r
including the
or the project
call vote 4 -1,
Councilmember Mikos
findings of public
eport; and 2) Adopt
adoption of the
as prepared. The
with Councilmember
G. Consider Appointment of City Council Ad Hoc Committee
for Specific Plan No. 2 (Pardee). Staff
Recommendation: Appoint a City Council Ad Hoc
Committee.
Mr. Kueny gave the staff report.
Mayor Hunter and Councilmember Harper volunteered to
serve on the committee.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
Minutes of the City Council
Moorpark, California Page 17 June 18, 2003
CONSENSUS: It was the consensus of the Council that Mayor
Hunter and Councilmember Harper serve on the Specific Plan
No. 2 (Pardee) Ad Hoc Committee.
H. Consider Resolution Adopting Revised Rules of
Procedure for Council Meetings and Related Functions
and Activities and Rescinding Resolution No. 2002-
2016. Staff Recommendation: Adopt Resolution No.
2003 -2102.
Ms. Traffenstedt gave the staff report, including that
the start time of City Council meetings would change
from 6:30 p.m. to 7:00 p.m.
In response to Councilmember Harper, Ms. Traffenstedt
stated that all of the specific time periods given in
the resolution that are related to the meeting start
time would be reviewed for consistency and any
necessary changes would be made.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
MOTION: Councilmember Mikos moved and Councilmember Parvin
seconded a motion to adopt Resolution No. 2003 -2102 as
amended. The motion carried by unanimous voice vote.
I. Consider the Adoption of a City Policy for the
Application of Photovoltaic Systems on New
Construction and Existing Facilities within the City.
Staff Recommendations: 1) At this time determine that
requiring installation of photovoltaic systems on all
new residential construction is infeasible given the
costs of the current technologies; 2) Direct staff to
add to standard conditions a requirement for all new
residential construction to incorporate roof hardware
to enable photovoltaic systems to be installed in the
future without removal of roofing material; and 3)
Direct staff to bring to the Planning Commission for
recommendation to the City Council, proposed standards
for the placement and treatment of photovoltaic
systems in residential areas, as well as in commercial
and industrial developments, should property owners
wish to voluntarily install photovoltaic systems.
Mr. Hogan gave the staff report.
Minutes of the City Council
Moorpark, California Page 18 June 18, 2003
Councilmember Harper stated that the report was well
done and he regrets that the numbers reveal this will
not be a feasible requirement; he would like to see
the exploration of this model to be incorporated into
City and Agency projects such as the new Human
Services Complex and new City Hall, which will set an
example for the private sector.
Mr. Riley stated that photovoltaic systems were
considered for the new buildings and it was determined
that they would drive up the cost considerably.
Councilmember Harper stated that the increased cost
should reach a break -even point after five years and
from then on would be cost effective.
Mr. Kueny suggested that staff present a report to
Council on including photovoltaic systems in the new
Corporate Yard project before considering any
inclusion in the new City Hall.
In response to Councilmember Millhouse, Mr. Wolfe
stated that the cost to incorporate the hardware would
need to be investigated with the contractors; however,
during construction the cost to run conduit for wires
and add flashing to prevent leaking, would only cost
approximately $100; and would eliminate the more
costly need to remove roofing later for an
installation.
In response to Councilmember Parvin, Mr. Wolfe stated
that homes that do not have an optimal situation for
placement will have a much less attractive cost
benefit analysis.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
MOTION: Councilmember Millhouse moved and Councilmember
Harper seconded a motion to: 1) At this time determine that
requiring installation of photovoltaic systems on all new
residential construction is infeasible given the costs of
the current technologies; 2) Direct staff to add to
standard conditions a requirement for all new residential
construction to incorporate roof hardware to enable
photovoltaic systems to be installed in the future without
Minutes of the City Council
Moorpark, California Page 19 June 18, 2003
removal of roofing material; and 3) Direct staff to bring
to the Planning Commission for recommendation to the City
Council, proposed standards for the placement and treatment
of photovoltaic systems in residential areas, as well as in
commercial and industrial developments, should property
owners wish to voluntarily install photovoltaic systems.
The motion carried by unanimous voice vote.
10. CONSENT CALENDAR:
Mr. Kueny requested Item 10.G. be pulled from the Consent
Calendar.
MOTION: Councilmember Harper moved and Councilmember Parvin
seconded a motion to approve the Consent Calendar with the
exception of Item 10.G., which was pulled for individual
consideration. The motion carried by unanimous roll call vote.
A. Consider Approval of Minutes of Special Joint Meetin
of March 12, 2003.
Consider Approval of Minutes of Special Meeting of May
28, 2003.
Consider Approval of Minutes of Special Joint Meetin
of June 4, 2003.
Staff Recommendation: Approve the minutes.
B. Consider Approval
of Warrant
Register
for Fiscal Year
2002 -2003 - June
18, 2003.
Manual Warrants
112723 -
112724 &
$
325.00
112985 -
112988
$
45,124.43
Voided Warrant
110948 &
111128 &
$
(265.00)
111156 &
111346
112986
Payroll Liability
112980 -
112984
$
2,556.74
Warrants
Regular Warrants
112989 -
113093 &
$
25,423.70
113094 -
113129
$
876,235.27
Staff Recommendation: Approve
the warrant
register.
Minutes of the City Council
Moorpark, California Page 20 June 18, 2003
C. Consider Resolution Establishing the Appropriation
Limitation for Fiscal Year 2003 -2004 for the City of
Moorpark at $16,650.451. Staff Recommendation: Adopt
Resolution No. 2003 -2103.
D. Consider Loan Agreement between the City of Moorpark
and the Moorpark Redevelopment Agency. Staff
Recommendation: Adopt Resolution No. 2003 -2104. ROLL
CALL VOTE REQUIRED
E. Consider Resolution Approving an Agreement by and
Between the City of Moorpark and Moorpark
Redevelopment Agency for the City's Purchase of Parcel
` %C ", Parcel Map No. 5426 from the Redevelopment
Agency, for a Human Services Complex. Staff
Recommendation: 1) Approve Resolution No. 2003 -2105,
approving the Purchase Agreement with Loan Terms and
amending the FY 2002/2003 budget to appropriate
$370,000 for this purpose; and 2) Direct the City
Manager, on behalf of the City, to execute Purchase
Agreement with Loan Terms, subject to final language
approval by the City Manager and City Attorney. ROLL
CALL VOTE REQUIRED
F. Consider Moorpark Library Expenditures for Fiscal Year
2003/2004. Staff Recommendation: Approve the library
material collection expenditure recommendation of the
Moorpark Library Advisory Committee for submittal to
the County of Ventura Board of Supervisors.
The following item was pulled for individual consideration.
G. Consider Approval of Mission Statement, Priorities,
Goals and Objectives for Fiscal Year 2003/2004. Staff
Recommendation: Approve Mission Statement,
Priorities, Goals and Objectives for Fiscal Year
2003/2004.
Mr. Kueny recommended that Item G.17. on stamped page
237 of the agenda report be modified to be consistent
with staff's recommendation No. 3 in Agenda Item 9.I.
concerning the photovoltaic systems.
MOTION: Councilmember Millhouse moved and Councilmember
Parvin seconded a motion to approve the Mission Statement
Priorities, Goals and Objectives for Fiscal Year 2003/2004,
Minutes of the City Council
Moorpark, California Paae 21 June 18, 2003
as amended, for Item G.17.
voice vote.
11. ORDINANCES:
None.
12. CLOSED SESSION:
The motion carried by unanimous
Mr. Kueny requested that the City Council go into closed
session for one case under Item 12.A. and Item 12.D.
Mr. Montes announced that concerning the one case under
Item 12.A., the facts and circumstances creating
significant exposure to litigation, consist of written
communications threatening litigation received from the
County's Grand Jury.
MOTION: Councilmember Millhouse moved and Councilmember Parvin
seconded a motion to adjourn to closed session for a discussion
of one case under Item 12.A. and Item 12.D. on the agenda. The
motion carried by unanimous voice vote. The time was 10:06 p.m.
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to
Subdivision (b) of Section 54956.9 of the Government
Code: (Number of cases to be discussed - 4)
D. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)
Agency Designated Representative: Steven Kueny
Employee Organization: Service Employees International
Union, AFL -CIO, CLC, Local 998
AT THIS POINT in the meeting, the Council meeting was recessed
and then reconvened for closed session at 10:31 p.m., following
the Redevelopment Agency closed session.
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; Mary Lindley, Community Services
Director; Barry Hogan, Community Development Director; and
Deborah Traffenstedt, Assistant to City Manager /City Clerk.
Minutes of the City Council
Moorpark, California Page 22 June 18, 2003
The Council reconvened into open session at 11:00 p.m. Mr.
Kueny stated that one case under Item 12.A. and Item 12.D.
were discussed and that there was no action to report.
13. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 11:00 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
MINUTES OF THE CITY COUNCIL
Moorpark, California July 2, 2003
A Regular Meeting of the City Council of the City of Moorpark
was held on July 2, 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 6:50 p.m.
2. PLEDGE OF ALLEGIANCE:
Steven Kueny, City Manager, led the Pledge of Allegiance.
3. 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; 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; John Hartnett,
Recreation Manager; Deborah Traffenstedt,
Assistant to City Manager /City Clerk; and
Maureen Benson, Deputy City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. City of Moorpark 20th Anniversary Presentation.
Mayor Hunter welcomed the honored guests and thanked
the many people who participated in building the city
of Moorpark over the past two decades. He highlighted
the City's growth and successes, which contribute to
making it one of the most desirable places to live and
work.
Mr. Kueny applauded those who voted for cityhood
twenty years ago. He outlined the City's
accomplishments in the areas of improvements to
infrastructure, parks and recreation facilities,
Minutes of the City Council
Moorpark, California Page 2 July 2, 2003
senior activities, contributions by law enforcement,
and the City's financial stability in remaining debt -
free. Mr. Kueny commended the involvement of the
community and the dedication of current and former
Councils, Commissions, and staff to the success of the
City.
Mr. Hartnett introduced Debbie Ryono from the Moorpark
Historical Society who gave a portrayal of Mabel
Bradley, Moorpark's first telephone operator. Mabel
imparted many humorous facts about old times in
Moorpark.
Mr. Hartnett read a Special Congressional Certificate
of Recognition from U.S. House of Representative Elton
Gallegly and presented it to Mayor Hunter, who
accepted on behalf of the city of Moorpark.
Mr. Hartnett read a Commendation to the city of
Moorpark from Governor Gray Davis and presented it to
Mayor Hunter, who accepted on behalf of the city of
Moorpark.
Jason Spadaro, representing State Senator Tom
McClintock, presented a Senate Resolution
commemorating Moorpark's 20 years of cityhood to Mayor
Hunter, who accepted on behalf of the city of
Moorpark.
Audra Strickland, representing State Assembly Member
Tony Strickland, presented an Assembly Resolution to
Mayor Hunter, who accepted on behalf of the city of
Moorpark.
Jarrod DeGonia, representing 4th District Supervisor
Judy Mikels from the Ventura County Board of
Supervisors, presented a Resolution to Mayor Hunter,
who accepted on behalf of the city of Moorpark.
Mayor John Procter from the City of Santa Paula
presented a Proclamation to Mayor Hunter, who accepted
on behalf of the city of Moorpark.
Council Member Glen Becerra, representing the City of
Simi Valley, presented a Resolution to Mayor Hunter,
who accepted on behalf of the city of Moorpark.
Minutes of the City Council
Moorpark, California Page 3 July 2, 2003
David Pollock, Vice President of the Moorpark Unified
School District Board of Education, congratulated the
City on its 20th birthday and stated he was presenting
a birthday present of the newly constructed, joint -use
gymnasium at Chaparral Middle School adjacent to
Poindexter Park.
Virginia Hayward, Chief Executive Officer of the
Moorpark Chamber of Commerce, presented a Proclamation
to Mayor Hunter, who accepted on behalf of the city of
Moorpark.
Mr. Harnett recognized the cities of Camarillo,
Oxnard, Port Hueneme, and San Buenaventura for sending
Proclamations honoring the city of Moorpark.
Mr. Hartnett introduced the first Mayor of the city of
Moorpark, Leta Yancy- Sutton, who served from July 1983
to November 1986.
Former Mayor Yancy- Sutton reminded everyone that they
live in the greatest city, in the greatest county, in
the greatest state, and in the greatest nation in the
world. She claimed her most lasting accomplishment
was in hiring Steven Kueny to be the City Manager; and
asked the Council to continue to follow her original
plans for the City to keep it on the right course.
Mr. Hartnett introduced former Councilmember James
Hartley, who served the City from July to November
1986.
Former Councilmember Hartley spoke about the
accomplishments achieved during his tenure, which gave
him the opportunity to put the beginning pieces in
place for the City to build upon.
Mr. Hartnett introduced former Councilmember John
Galloway who served the City from November 1986 to
November 1988.
Former Councilmember Galloway spoke about his
observations, upon returning to the city of Moorpark
after an absence of seven years, of the underpinnings
put into place many years ago that are bearing
fruition today; and congratulated the City for doing
such a great job.
Minutes of the City Council
Moorpark, California Page 4 July 2, 2003
Mr. Hartnett introduced former Mayor and Councilmember
Eloise Brown, who served the City from November 1986
to November 1990 and again from April 1996 to November
1996.
Former Mayor and Councilmember Brown proclaimed her
love for Moorpark and her pleasure in seeing the City
grow with residential, commercial, and industrial
projects.
Mr. Hartnett introduced former Councilmember Debbie
Rodgers, who served the City from November 1996 to
November 2000.
Former Councilmember Rodgers reminisced about the
problems of the past, which are still with the City
today, including the need for growth and the traffic
on State Route 118.
Mr. Hartnett introduced former Councilmember John
Wozniak, who served from November 1990 to November
2002.
Former Councilmember Wozniak stated that it was an
honor and a pleasure serving the community of
Moorpark, which is a great place to live and raise
children.
Mr. Hartnett introduced Patrick and Brendan Weak to
represent their father, former Mayor and
Councilmember, James Weak, who passed away in 1986
after serving on the City Council from November 1984.
The Misters Weak spoke about the honor of representing
their father at this ceremony; and stated he would
have been very proud of the accomplishments of the
city of Moorpark.
Mr. Hartnett read an excerpt from a letter sent to the
City from the first elected Mayor of Moorpark, Paul
Lawrason, in which he congratulated the City and those
doing the planning, work, and follow -up to make
Moorpark the most outstanding city in Ventura County.
Mr. Hartnett introduced Planning Commissioners Mark
DiCecco, Scott Pozza, and Kipp Landis.
Minutes of the City Council
Moorpark, California Page 5 July 2, 2003
Commissioner DiCecco stated that the city of Moorpark
will always remain a place where you know your
neighbor; and no matter how big it gets, it will
always have a small town atmosphere.
Commissioner Pozza stated that the city of Moorpark is
the only place he and his wife want to live and raise
their children.
Commissioner Landis stated that a community is only as
good as its neighbors and the city of Moorpark is
blessed with friendly and caring residents.
Mr. Hartnett introduced Parks and Recreation
Commissioners Tom Pflaumer and Julie Weisberger.
Commissioner Pflaumer stated he is proud to represent
the city of Moorpark, which is progressing forward in
the right direction.
Commissioner Weisberger stated that it is a pleasure
to be serving the city of Moorpark; and she wished the
city a "Happy Birthday."
Mr. Hartnett announced the annual July 3rd event at
Arroyo Vista Community Park where this year, the city
of Moorpark will be honoring its twentieth year of
incorporation in grand style, bringing many special
activities and guests to the community residents for a
day of celebration.
Mayor Hunter asked for comments from Councilmembers,
starting with Councilmember Harper, who was a member
of the first City Council following incorporation.
Councilmember Harper stated it
was good
to see many of
his former
colleagues; and
singled out Leta Yancy
Sutton for
her efforts to
promote
cityhood. He
recognized
Mr. Kueny for the many
accomplishments
gained under
his 19 -year tenure working
for the City.
Councilmember Parvin stated that Moorpark is a safe
community; has great teachers, wonderful parents,
bright children, great grandparents, wonderful parks
and recreation opportunities, incredible businesses, a
great Chamber of Commerce, wonderful charitable and
Minutes of the City Council
Moorpark, California Paqe 6 July 2, 2003
service organizations, numerous volunteers, great
active adults; and overall, is the most involved
community she has ever lived in. She stated she looks
forward to serving the city of Moorpark in the years
to come.
Councilmember Millhouse congratulated Mr. Kueny for
the fiscal success achieved by the City over the many
years he has served as City Manager. He spoke about
the honor and pleasure of serving the community; the
enthusiastic participation of the citizens; the
cooperation of neighboring communities; and the staff
working behind the scenes to make the City such a
wonderful place to live.
Councilmember Mikos spoke about the growth and
development of the City created by the interactions of
the citizens serving the community; and encouraged
everyone to attend the July 3rd celebration.
AT THIS POINT in the meeting, Mayor Hunter announced that the
meeting would recess for a reception. The time was 7:49 p.m.
The meeting reconvened at 8:48 p.m. with all Councilmembers
present.
5. PUBLIC COMMENT:
Karl Geiger, representing the Moorpark High School Academic
Decathlon team, spoke of the team's need for additional
funds to sponsor travel to Sacramento and Washington D.C.
By unanimous voice vote, the Council determined that in order to
take immediate action, subsequent to the Agenda being posted,
the Moorpark High School Academic Decathlon team's request for
funds to sponsor travel to Sacramento and Washington D.C. should
be added to the Agenda as Item 9.E. to be heard after Public
Hearings.
Gerald Goldstein, a Moorpark resident, spoke about having
difficulty finding transportation to attend meetings.
Michael Ellis, a Moorpark resident, reiterated his remarks
from the June 18, 2003, City Council meeting, regarding the
lack of cooperation from the Moorpark Police Department in
handling parking violatidns at a wedding reception held at
his home.
Minutes of the City Council
Moorpark, California Page 7 July 2, 2003
Councilmember Millhouse recommended that the police should
better communicate with residents in such situations.
Councilmember Mikos requested a future agenda item to
address the communication issue between citizens and the
police so that a protocol can be developed.
Captain Diaz concurred with Councilmember Millhouse; and
responded to Councilmember Mikos that he would discuss the
subject of communication protocol at the August 20th City
Council meeting, since he is scheduled for the presentation
of the City Manager's monthly report.
Ronald Schnoebelen, a Moorpark resident, requested
information regarding the widening of Los Angeles Avenue in
front of the condominiums at 150 Los Angeles Avenue; and
expressed concerns regarding safety, noise, pollution from
cars, and the stacking of vehicles waiting at the new
signal at Milliard Street.
In response to Mayor Hunter, Mr. Kueny confirmed that the
widening in that segment of Los Angeles Avenue is more
difficult and a significant amount of property will have to
be acquired; however, the City will more than meet the
legal requirements, not only in compensation, but in
mitigation.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
Councilmember Harper requested that the minutes of February
27, July 17, and September 4, 2002, included in Item 10.A.,
be pulled from the Consent Calendar.
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
None.
8. PUBLIC HEARING:
A. Consider Minor Modification No. 3 to Residential
Planned Development Permit (RPD) No. 98 -01 and Minor
Modification No. 3 to Vesting Tentative Tract Ma
(VTTM) No. 5133, Located on the South Side of Los
Angeles Avenue West of Fremont Street, on the
Application of Shea Homes. (Continued from June 18,
2003, public hearing open) Staff Recommendation: 1)
Accept public testimony, and close the public hearing;
Minutes of the City Council
Moorpark, California Page 8 July 2, 2003
and 2) Adopt Resolution No. 2003 -2106 approving Minor
Modification No. 3 to RPD No. 98 -01 and Minor
Modification No. 3 to VTTM No. 5133 subject to
Conditions of Approval.
Mr. Hogan gave the staff report. He presented the
Council with a revised Resolution in legislative
format reflecting the changes to the Conditions of
Approval, which have been discussed with, and are
acceptable to the applicant.
In response to Councilmember Harper, Mr. Hogan
addressed the concern for lack of room to turn around
in the hammerhead drives; and noted the installation
of fire sprinklers in all of the homes after
discussions with the Fire Department. He stated that
this type of street design will not become a City
standard.
In response to Councilmember Mikos, Mr. Hogan stated
that in regard to the interface with what will be the
wetland mitigation area, the applicant is still
working with the Flood Control District to develop
plans for the area; a future project would actually
have more impact on this detention area; and this
applicant can be required to install native plants,
acceptable to the Flood Control District, in this
area.
In response to Councilmember Parvin, Mr. Hogan stated
that the parking on the public street with the four -
way entrance would be under City control; the parking
on private streets would be under the control of the
Homeowner's Association, and the limited parking on
the 18 -foot driveways is anticipated to be self -
policed by the residents. He also stated that
Majestic Court is required to be widened to 40 -feet.
In response to Councilmember Parvin's concerns
regarding the varying heights of the noise wall, Mr.
Hogan stated that a condition has been added to
require an additional noise study to determine the
height of the wall to be to the satisfaction of the
Community Development Director; and that some of the
height differences are due to differences in grade.
Mayor Hunter opened the public hearing.
any• -�� •
Minutes of the City Council
Moorpark, California Page 9
Julv 2, 2003
Jeff Palmer, representing Shea Homes, 555 St. Charles
Drive, Suite 205, Thousand Oaks, stated he is
available for questions.
Steve Seemann, representing Shea Homes, 555 St.
Charles Drive, Suite #205, Thousand Oaks, described
the improvements made to Tract 5133 resulting from the
reduction in the number of units; and stated that the
applicant is in agreement with all of the amended
conditions.
Ro Hawkinson, a Moorpark resident, stated that he is
pleased to learn that houses are replacing the
proposed recreation facility; and requested a minimum
8 -foot block wall between the homes on Fremont and the
Shea development.
Steve Mercado, a Moorpark resident, expressed concerns
about the noise level at the new four -way
intersection; the height of the noise wall; and
whether Fremont Street will be the access street for
construction vehicles.
Dominic Schmidt, a Moorpark resident, spoke about the
importance of retaining the historic character of
Fremont Street. He stated that he has spoken with
Shea Homes and is pleased with the proposed
development, the four -way signalized intersection, the
relocation of the park, and that Fremont Street will
not be used as a construction street.
Ronald Schnoebelen, a Moorpark resident, repeated his
request from the June 18th meeting that the proposed
wall, adjacent to the garages should replace the
current fencing to eliminate a gap where litter can
accumulate.
Mr. Hogan stated that there is no intention to have
construction traffic on Fremont Street; a future
project, and not this project, involves a recreation
facility; Condition No. 22 could be modified to allow
the Community Development Director to increase the
sound wall height to provide screening on the eastern
property line to 8 -feet if necessary; the placement of
the wall adjacent to the garages is addressed in
Condition No. 24, where it is left up to the Community
GF, 'r, _. 0
•� � _•
Minutes of the City Council
Moorpark, California Page 10 July 2, 2003
Development Director to decide placement, with the
understanding that Council does not want a gap in that
location; this wall placement does require
negotiations between the applicant and the Homeowner's
Association; this project will not change the nature
of Fremont Street, other than to provide better
drainage; and the Community Development Director will
make sure the height of the sound /privacy wall at Los
Angeles Avenue provides adequate screening.
A discussion followed among the Council and staff
regarding the language of Condition No. 24 and whether
it is flexible enough to guarantee the height and
placement of the wall to preclude trash accumulation.
The consensus of the Council was to have the language
of Condition No. 24 provide flexibility to the
Community Development Director to have discretion over
the height, type, and placement of the wall in working
with the applicant and the Homeowner's Association.
In response to Council, Mr. Hogan stated that
Condition No. 29 would be added to require, to the
satisfaction of the Community Development Director,
the location of natural vegetation in the transition
area to the Arroyo Simi at the southern portion of the
development; the two vacant lots on Fremont Street are
under contract for future development by Shea Homes;
access to a future trail system would be from the
parking areas along the south portion of this
property, as well as the possibility of converting the
access road along the top edge of the basin adjacent
to this property to a future multi -use trail; and a
condition could be added to require a gate opening
from this development to the Arroyo for access to any
future trail development.
In response to Councilmember Mikos, Mr. Seemann stated
that the concept of adding a gate for future access is
feasible. He also stated he would not mind a
condition requiring the gate; however, it must be
understood that they may not be able to perform due to
the County of Ventura's requirements.
Mr. Hogan stated that the requirement would be to
provide the gate in anticipation of gaining future
Minutes of the City Council
Moorpark, California Page 11 July 2, 2003
access; therefore, there would be no delays to this
project.
A discussion followed among the Council and staff
regarding the addition of a condition using language
from previously approved projects required to install
access gates.
It was the consensus of the Council to add Condition
No. 30 for the access gate.
Mayor Hunter closed the public hearing.
MOTION: Councilmember Harper moved and Councilmember
Millhouse seconded a motion to adopt Resolution No. 2003-
2106 approving Minor Modification No. 3 to RPD No. 98 -01
and Minor Modification No. 3 to VTTM No. 5133 subject to
Conditions of Approval, as amended to: 1) Modify Condition
No. 22 to allow the Community Development Director to
increase the sound wall height along the eastern property
line to 8 -feet, if necessary; 2) Modify the language of
Condition No. 24 to provide flexibility to the Community
Development Director to have discretion over the location,
final design, and construction of the wall along the
western boundary; 3) Add Condition No. 29 to require the
landscape plan shall incorporate, to the satisfaction of
the Community Development Director, natural vegetation in
the transition area to the Arroyo at the southern portion
of the development; and 4) Add Condition No. 30 to require
the installation of a gate in the southern project boundary
fence /wall for access to the Arroyo by the project
residents in the event that a trail is installed. The
motion carried by unanimous voice vote.
B. Consider Conditional Use Permit (CUP) No. 2003 -04, a
Request to Allow the Sale and Consumption of Alcoholic
Beverages (in Addition to Beer and Wine) in
Conjunction with Food Service at the Moorpark Country
Club Golf Course and Clubhouse, 11800 Championship
Drive, on the Application of Moorpark Country Club
(Toll Brothers, Inc.). Staff Recommendation: 1) Open
the public hearing, accept public testimony, and close
the public hearing; and 2) Adopt Resolution No. 2003 -
conditionally approving CUP No. 2003 -04.
Mr. Hogan gave the staff report.
Minutes of the City Council
Moorpark, California Page 12 July 2, 2003
In response to Councilmember Harper, Mr. Hogan stated
that the language of Condition No. 6 would be modified
to clarify the difference between nightly
entertainment versus entertainment that accompanies a
temporary event and any corresponding requirement for
a Conditional Use Permit.
In response to Mayor
review the requireme
one security guard
consistent with the
City facilities, to
case -by -case basis.
Hunter, Mr. Hogan stated he would
nt in Condition No. 4, to provide
for every 50 people, which is
current City policy when renting
see if it could be handled on a
Councilmember Parvin concurred with Councilmember
Harper that Condition No. 6 is unclear; concurred with
Mayor Hunter that Condition No. 4 should provide more
flexibility by raising the number of people per
security guard; and stated that the 90 -day lead time
for applying for a temporary use permit is also too
restrictive. She further stated that Condition No. 13
is possibly too restrictive and an exception should be
made for New Year's Eve.
Mayor Hunter opened the public hearing.
Mike Nix, General Manager of the Moorpark Country
Club, spoke on behalf of Toll Brothers, Inc., 11800
Championship Drive, Moorpark, and stated that the
requirement for security guards is more than what is
really needed; prohibiting the sale of liquor after
midnight is acceptable, if an exception could be made
for New Year's Eve; and 90 -days notice to apply for a
Use Permit is very restrictive, since some meetings
are scheduled with only two days notice and of course
no one can pre - schedule an event such as a wake.
In response to Councilmember Parvin, Mr. Nix stated
that the industry standard does not require a Use
Permit for functions of up to 200 -300 people; and
nearby clubs do not typically have this requirement.
Liz Gherna, representative from Beverage License
Solutions, Inc. for the Moorpark Country Club, 11800
Championship Drive, Moorpark, stated that the CUP is
incredibly prohibitive; requested that Condition Nos.
4 and 6 be reworded; and indicated that Condition No.
Minutes of the City Council
Moorpark, California Page 13 July 2, 2003
13 would be acceptable with an exception for New
Year's Eve.
A discussion followed among Council and staff
regarding clarifying the language in Condition Nos. 4
and 6 to indicate that the restrictions are not
intended for any event associated with the golf
course, but are in regard to stand -alone events;
setting parameters for 50 -100 guests; reducing the
processing time for the application to 14 -days; and
modifying Condition No. 13 to allow for liquor service
after midnight on New Years Eve.
Mr. Hogan stated that there is some concern when the
type of event is unknown and staff is rushed into
coordinating different licensing groups; it is
beneficial to have a standard set of conditions for
compliance; and then deal with events outside those
parameters, such as proms, weddings, or wakes, to
craft conditions outside of the standard.
Councilmember Harper stated that he does not want to
over regulate the use of private property; and asked
if Condition Nos. 4 and 6 could be crafted to respond
to the number of complaints received and then
implement accelerated enforcement, if needed.
Mr. Hogan stated that the conditions could be crafted
for all events to require the applicant to maintain
adequate licenses for health and food service, to meet
the occupancy requirements, and to provide for
onsite /offsite traffic control; and then when events
exceed 200 participants, come to the City to apply for
a Temporary Use Permit within a 30 -day limit.
A discussion followed among the Council, staff and the
applicant focusing on what numbers of participants
should trigger the need for a permit; expanding the
hours for special events; revisiting the number of
security guards required; and including flexibility in
re- crafting Condition Nos. 4, 6 and 13.
Mr. Kueny recommended that rather than making
unilateral changes to these conditions without due
process, it would be best to allow the Community
Development Director to work with the applicant and
Minutes of the City Council
Moorpark, California Paae 14 Julv 2, 2003
the City Attorney and have the Resolution come back on
the Consent Calendar on August 20th.
In response to Mayor Hunter, Mr. Nix stated that this
would be acceptable.
Mayor Hunter closed the public hearing.
CONSENSUS: It was the consensus of the Council to amend
Condition Nos. 4, 6, and 13, after discussions between the
Community Development Director, the applicant, and the City
Attorney; and present the Resolution on the Consent
Calendar for August 20, 2002.
C. Consider Minor Modification No. 5 to Resolution 96-
1197 (General Plan Amendment (GPA) No. 94 -01,
Residential Planned Development Permit (RPD) No. 94-
01, Conditional Use Permit (CUP) No. 94 -01 and Vesting
Tentative Tract Map (VTTM) No. 4928), Generally
Between Grimes Canyon Road and Walnut Canyon Road
Adjacent to Championship Drive, on the Application of
Toll Brothers, Inc. Staff Recommendation: 1) Open
the public hearing, accept public testimony, and close
the public hearing; 2) Approve revisions to the Design
Guidelines per the staff report; and 3) Adopt
Resolution No. 2003 -2107 approving Minor Modification
No. 5 to Resolution 96 -1197 (GPA No. 94 -01, RPD No.
94 -01, CUP No. 94 -01, and VTTM No. 4928) subject to
Conditions of Approval.
Mr. Hogan gave the staff report.
Mayor Hunter opened the public hearing.
Craig Messi, representing Toll Brothers, 7142 Trivino
Drive, Moorpark, stated that the applicant concurs
with the Conditions of Approval, and he is available
for questions.
A. DeeWayne Jones, a Moorpark resident, spoke in
support of the project.
Mayor Hunter closed the public hearing.
MOTION: Councilmember Millhouse moved and Councilmember
Parvin seconded a motion to: 1) Approve revisions to the
Design Guidelines per the agenda report; and 2) Adopt
v�vto-W 2
Minutes of the City Council
Moorpark, California Paqe 15
Julv 2, 2003
Resolution No. 2003 -2107 approving Minor Modification No. 5
to Resolution 96 -1197 (GPA No. 94 -01, RPD No. 94 -01, CUP
No. 94 -01, and VTTM No. 4928), subject to Conditions of
Approval. The motion carried by unanimous voice vote.
9. PRESENTATION /ACTION /DISCUSSION:
AT THIS POINT in the meeting, Item 9.E. was heard.
E. Consider Request by the Moorpark High School Academic
Decathlon Team for Funds to Sponsor Travel to
Sacramento, California and Washington, D.C.
In response to Councilmember Harper, Mr. Geiger stated
that the shortfall in funds for travel is $3,000.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
A brief discussion followed among the Councilmembers
regarding the achievement of the Academic Decathlon
team and this very worthwhile activity.
MOTION: Mayor Hunter moved and Councilmember Harper
seconded a motion to approve the request for $3,000 from
the General Fund Reserve for travel costs associated with
the Moorpark High School Academic Decathlon team's July
2003 events in Sacramento, California, and Washington D.C.
The motion carried by unanimous roll call vote.
A. Consider the Proposals for Geographic Information
Systems (GIS) to Provide Computer Based Mapping and
Data. (Continued from June 4, 2003) Staff
Recommendation: Accept the proposal from Geographic
Data and Management Solutions (GDMS) in the amount of
$25,713.69 to develop a Geographic Information System
for the City and authorize the City Manager to
negotiate and sign an agreement on the City's behalf
for the initial setup and ongoing service.
Ms. Borchard gave the staff report.
Councilmember Harper stated this is not an appropriate
use of the CLEEP funds and the General Fund would be a
better source.
Minutes of the City Council
Moorpark, California Page 16 July 2, 2003
In response to Mayor Hunter, Captain Diaz stated he
was not familiar with how law enforcement would use
the GIS system.
In response to Counciimember Harper's comments that
law enforcement would only use a small portion of the
mapping system, Mr. Hogan stated that it would allow
the Police Department to view where the frequency of
crimes is occurring and expand the use of patrol
vehicles.
Mr. Kueny recommended using up the CLEEP Fund balance
now, and if another law enforcement technology need is
identified later, funds could be substituted from the
Reserve Fund.
In response to Councilmember Mikos, Mr. Riley stated
that there is no certain date to spend the CLEEP
funds; however, it would be best to complete this
commitment before Sacramento takes the funds
retroactively.
Councilmember Millhouse stated he would defer to the
expertise of staff and support the recommendation.
Mayor Hunter stated that
recommendation, since once
the GIS program use will
Department to become an
tool.
he can also support the
fully implemented by staff,
be expanded by the Police
effective law enforcement
Karl Geiger, a Moorpark resident, asked if the
ownership price of the software provides for
maintenance and updates to the GIS data base.
Ms. Borchard stated that the package includes
maintenance.
Mr. Hogan stated that updates to the GIS data base
will be through the Assessor Parcel Map System
contract the City has with the County of Ventura.
In response to Councilmember Parvin, Mr. Hogan stated
that consideration will be given to charging fees for
use of the GIS system during a full review of all fees
and deposits.
� X% X �.
Minutes of the City Council
Moorr)ark, California Paqe 17 July 2, 2003
Councilmember Parvin stated she could see this system
playing an important role in the Police Department for
tracking crime within the City.
Councilmember Mikos stated she likes the idea of
providing this service to the public to make the whole
application process easier.
In response to Councilmember Mikos, Councilmember
Parvin stated that she was interested in charging fees
to developers, not the public.
MOTION: Councilmember Millhouse moved and Councilmember
Parvin seconded a motion to accept the proposal from
Geographic Data and Management Solutions (GDMS) in the
amount of $25,713.69 to develop a Geographic Information
System for the City and authorize the City Manager to
negotiate and sign an agreement on the City's behalf for
the initial setup and ongoing service. The motion carried
by voice vote 4 -1, with Councilmember Harper dissenting.
Councilmember Harper stated that the purchase of the
software is an excellent acquisition for the City;
however, he is having difficulty justifying the use of
CLEEP funds, and would like to have seen the funds
used for something more closely related to direct law
enforcement.
B. Consider Proposed Priority Processing of General Plan
Amendment Pre - Screening Applications Nos. 2003 -02 and
2003 -03, Zone Changes, Residential Planned
Developments and Tentative Tract Maps, Development
Agreement and Other Related Entitlement Applications
for the Husted and Mazur Properties on the Application
of Toll Brothers. Staff Recommendation: Remove the
Toll Brothers applications, both Husted and Mazur,
from the General Plan Amendment Pre - Screening process
and authorize processing of the General Plan
Amendments and zone changes and related entitlements
consistent with the agenda report.
Mr. Hogan gave the staff report.
Craig Messi, representing Toll Brothers, 7142 Trevino
Drive, Moorpark, stated that the applicant concurs
with staff's recommendation for fast tracking.
Minutes of the City Council
Moorpark, California Page 18 July 2, 2003
Mayor Hunter stated that as a member of the Ad Hoc
Committee, he is in favor of this plan as it provides
a comprehensive build -out for the northern part of the
City, and he will support staff's recommendation.
Councilmember Mikos, also a member of the Ad Hoc
Committee, stated that she agrees to move forward to
achieve a comprehensive build -out.
MOTION: Councilmember Parvin moved and Councilmember Mikos
seconded a motion to remove the Toll Brothers applications,
both Husted and Mazur, from the General Plan Amendment Pre -
Screening process and authorize processing of the General
Plan Amendments and zone changes and related entitlements
consistent with the agenda report. The motion carried by
unanimous voice vote.
C. Consider Approval of an In -House City Engineer
Position. Staff Recommendation: Approve City
Engineer position and authorize City Manager to
proceed with recruitment and selection process.
Mr. Kueny gave the staff report.
In response to Councilmember Mikos, Mr. Kueny stated
that the recruitment period will end before September
1St, followed by the selection process and hiring, and
the anticipated start date would be in late 2003 or
early 2004.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
Councilmember Harper stated that this is no reflection
on the competence of the current contract City
Engineer. The also stated the City is of such a size
so as to require in -house management who report
directly to the City Manager, and he will support the
recommendation.
MOTION: Councilmember Millhouse moved and Councilmember
Mikos seconded a motion to approve the City Engineer
position and authorize the City Manager to proceed with
recruitment and selection process. The motion carried by
unanimous voice vote.
Minutes of the City Council
Moorpark, California Paqe 19 July 2, 2003
D. Consider Award of Contract for Construction Management
Services for the Police Services Center Project to
Rollins Consulting, Inc. in the Amount of $430,000.
Staff Recommendation: Authorize the award of a
contract to Rollins Consulting, Inc. in the amount of
$430,000 and approve the Agreement for Professional
Services subject to final language approval by the
City Manager.
Mr. Riley gave the staff report and stated that Mr.
Rollins and Kevin Mitchell are available for
questions.
In response to Councilmember Harper, Mr. Riley stated
that the reason this company was selected for the job,
even though their cost is higher, is due to the number
of on -site management hours this firm will be
dedicating to the project. He went on to state that
it takes a significant amount of staff time if there
is not competent management in the field.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
MOTION: Councilmember Mikos moved and Councilmember Harper
seconded a motion to authorize the award of a contract to
Rollins Consulting, Inc., in the amount of $430,000 and
approve the Agreement for Professional Services subject to
final language approval by the City Manager. The motion
carried by unanimous voice vote.
10. CONSENT CALENDAR:
MOTION: Councilmember Harper moved and Councilmember Mikos
seconded a motion to approve the Consent Calendar with the
exception of the minutes of February 27, July 17, and September
4, 2002, of Item 10.A., which were pulled for individual
consideration. The motion carried by unanimous roll call vote.
A. Consider Approval of Minutes of Regular Meeting of
September 18, 2002.
Consider Approval of Minutes of Regular Meeting of
April 16, 2003.
Consider Approval of Minutes of Special Meeting of May
17, 2003.
C in. �r'. " r'� 9
. ✓ ./ �" r.d
Minutes of the City Council
Moorpark, California Page 20 July 2, 2003
Consider Approval of Minutes of Regular Meeting of May
21, 2003.
Consider Approval of Minutes of Regular Meeting of
June 4, 2003.
Consider Approval of Minutes of Special Meeting of
June 18, 2003.
Staff Recommendation: Approve the minutes.
B. Consider Approval of Warrant Register for Fiscal Year
2002 -2003 - July 2, 2003.
Manual Warrants
Voided Warrant
Payroll Liability
Warrants
113135 - 113136 &
113130 - 113134
$ 37,662.79
$ 0.00
$ 2,590.17
Regular Warrants 113137 - 113258 & $ 373,260.63
Staff Recommendation: Approve the warrant register.
C. Consider First Amendment to Regulatory Agreement for
Vintage Crest Senior Apartments, L.P. Modifying Legal
Description of the Project Site. Staff
Recommendation: Approve the subject Amendment and
authorize the City Manager to sign the Amendment,
subject to final language approval by the City Manager
and the City Attorney.
D. Consider Agreement with Calleguas Municipal Water
District Pertaining to Certain Improvements Required
for the Widening of Los Angeles Avenue at Shasta
Avenue. Staff Recommendation: 1) Approve a project
for the City to undertake the Los Angeles Avenue
improvements described in the staff report, with all
costs to be reimbursed by the developer of Tract 5053;
2) Authorize the City Manager to execute a
Reimbursement Agreement with Pacific Communities for
the reimbursement of City costs for the above
described work, subject to final language approval by
the City Manager and City Attorney; and 3) Approve the
subject Agreement with Calleguas, subject to final
-. —
Minutes of the City Council
Moorpark, California Paqe 21
Julv 2, 2003
language approval by the City Manager and the City
Attorney.
E. Consider Notice of Completion for the 2002 Curb Ramp
Project. Staff Recommendation: Accept the work as
complete.
F. Consider Resolution Amending the Salary Plan for
Competitive Service, Non - Competitive Service, and
Hourly Employees and Rescinding Resolution No. 2002-
2041. Staff Recommendation: Adopt Resolution No.
2003 -2108.
G. Consider Rejection of Claim: Elaine Michaels. Staff
Recommendation: Reject the claim and direct staff to
send a standard rejection letter to the claimants.
H. Consider Approval of an Early Grading Permit for Final
Map Phases 2 and 3 of Tentative Tract Map No. 5161,
Located at the Southwest Corner of Gisler Road and
Poindexter Avenue, on the Application of Cabrillo
Economic Development Corporation. Staff
Recommendation: Authorize the City Manager to approve
an Early Grading Agreement for Phases 2 and 3 of Tract
No. 5161.
I. Consider Use of California Law Enforcement Equipment
Program ( CLEEP) Grant for 2003/04 Fiscal Year. Staff
Recommendation: 1) Approve CLEEP expenditure plan; and
2) Adopt Resolution No. 2003 -2109, amending the
2003/2004 operating budget to appropriate CLEEP funds.
ROLL CALL VOTE REQUIRED
The following items were pulled from Item 10.A. for individual
consideration:
10. A. Consider Approval of Minutes of Special Meeting
February 27, 2002.
Consider Approval of Minutes of Regular Meeting of
July 17, 2002.
Consider Approval of Minutes of Regular Meeting of
September 4, 2002.
Councilmember Harper stated that he had not been
present for the meetings of February 27, July 17, and
Minutes of the City Council
Moorpark, California Page 22
July 2, 2003
September 4, 2002, and would be abstaining from the
vote.
MOTION: Councilmember Mikos moved and Councilmember
Millhouse seconded a motion to approve the minutes of
February 27, July 17, and September 4, 2002. The motion
carried by voice vote 4 -0, with Councilmember Harper
abstaining.
11. ORDINANCES:
A. Consider Ordinance No. 294, An Ordinance of the Cit
of Moorpark, California, Authorizing an Amendment to
the Contract between the City Council of the City of
Moorpark and the Board of Administration of the
California Public Employees' Retirement System
(CalPERS). Staff Recommendation: Declare Ordinance
No. 294 read for the second time and adopted as read.
Ms. Traffenstedt read the title of Ordinance 294.
MOTION: Councilmember Harper moved and Councilmember Mikos
seconded a motion to waive further reading of Ordinance No.
294. The motion carried by unanimous voice vote.
MOTION: Councilmember Mikos moved and Councilmember Harper
seconded the motion to declare Ordinance No. 294 read for a
second time and adopted as read. The motion carried by
unanimous voice vote.
12. CLOSED SESSION:
Mr. Kueny requested that the City Council go into closed
session for one case under Item 12.A. He announced that
the facts and circumstances creating significant exposure
to litigation, which facts and circumstances are know to
potential plaintiffs, consist of a City employment issue
and the possible resolution and settlement of that issue.
MOTION: Councilmember Mikos
seconded a motion to adjourn to
of one case under Item 12.A.
voice vote.
moved and Councilmember Parvin
closed session for a discussion
The motion carried by unanimous
Minutes of the City Council
Moorpark, California Paae 23
Julv 2, 2003
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to
Subdivision (b) of Section 54956.9 of the Government
Code: (Number of cases to be discussed - 4)
AT THIS POINT in the meeting, a recess was declared. The time
was 10:55 p.m. The Council reconvened into closed session at
11:02 p.m.
Present in closed session were Councilmembers Harper,
Mikos, Millhouse, Parvin, and Mayor Hunter; Steven Kueny,
City Manager; Bradley Wohlenberg, Assistant City Attorney
(via telephone conference call); and Deborah Traffenstedt,
Assistant to City Manager /City Clerk.
The Council reconvened into open session at 11:14 p.m. Mr.
Kueny verbally reported that one case under Item 12.A. was
discussed, and that the City Council by unanimous voice
vote authorized the City Manager to accept and approve a
Separation and Release Agreement with an employee, the
substance of which is intended to permit retirement
pursuant to Government Code Section 20903.
13. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 11:15 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
a 01N