HomeMy WebLinkAboutAGENDA REPORT 2004 1006 CC REG ITEM 10A1 1EM 1 D. A.
lay MINUTES OF THE CITY COUNCIL
Moorpark, California June 2, 2004
A Regular Meeting of the City Council of the City of Moorpark
was held on June 2, 2004, in the Council Chambers of said City
located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Hunter called the meeting to order at 7:24 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; Brad Miller, City
Engineer; Captain Richard Diaz, Sheriff's
Department; Scott Wolfe, Principal Planner;
John Brand, Senior Management Analyst;
Senior Management Analyst; Julie C.T.
Hernandez, Senior Management Analyst;
Deborah Traffenstedt, Assistant to City
Manager /City Clerk; and Maureen Benson,
Deputy City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Recognition of Outgoing Teen Council Members.
Mayor Hunter presented Certificates of Recognition to
Outgoing Teen Council Members Shauna Marsh, Brittany
Best, Taylor Fernandez, Hilary Pemberton, Aryan Aziz,
Jon Lamberson, Nick Semnani, Zahabiya Chithiwala, and
Sannaz Keyhani.
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Moorpark, California Page 2 June 2, 2004
B. Recognition of Efrain Alcaraz, Maintenance Worker III,
for 15 Years of Service to the City of Moorpark.
Mayor Hunter presented Efrain Alcaraz with a
Certificate of Recognition for his 15 years of service
to the City of Moorpark.
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 7:30 p.m. The City Council meeting reconvened at 7:32 p.m.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Mayor Hunter announced the Moorpark Beach Bus will make two
daily round trips to Zuma Beach each Tuesday and Thursday
from June 15 through August 31. The Beach Bus picks up at
City Hall, Arroyo Vista Recreation Center, Peach Hill Park,
and College View Park. The cost is $1.00 each way, 50� for
seniors and the disabled.
Mayor Hunter announced Moorpark City Transit Summer Youth
Bus Passes are available for purchase; $20.00 buys
unlimited travel all summer long on Moorpark City Transit
and the Beach Bus; Summer Youth Bus Passes are valid June
1st through September 15th, for those under the age of
twenty -one; and Summer Youth Bus Passes may be purchased at
City Hall and at Arroyo Vista Recreation Center.
8. PUBLIC HEARING:
A. Consider Resolution for Modification No. 1 to
Residential Planned Development Permit No. 1998 -05, a
Request to Modify a Block Wall to Allow a Tubular
Steel View Fence Located at 14143, 14144, 14151,
14152, 14159 and 14160 Maya Circle (Tract 4977), on
the Application of Kevin Kleinrath, et al. (continued
from May 5, 2004, public hearing closed) Staff
Recommendation: Adopt Resolution No. 2004 -2197.
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Mr. Hogan gave the staff report and cited late
correspondence from Mr. Kleinrath.
In response to Mayor Hunter, Mr. Montes stated the
public hearing is closed and additional information
from late correspondence should not be considered at
this time.
In response to Council questions, Mr. Hogan stated if
this request is approved by the Council, staff would
request a provision for the Community Development
Director to have the authority to issue future Permit
Adjustments to other property owners in this same
development who make a similar request, so future
applicants will not have to go through the entire
Modification process, and since the precedence for
this approval would already be established. He also
stated, if this process is followed, then the
Community Development Director would be allowed to
review and make modifications to the Conditions of
Approval, or a request could come back as a
Modification to be presented to the Planning
Commission, where if denied, could then be appealed to
the City Council.
In response to Councilmember Harper, Mr. Hogan stated
there is one property owner who is not ready to
proceed with the wall modifications; it is staff's
recommendation to require that all walls be completed
at one time; however, a condition may be added to
allow for a certain length of time for beginning
construction.
In response to Councilmember Harper, Mr. Kleinrath
stated the owner of Lot 64 is not ready to move
forward.
In response to Councilmember Harper, Mr. Hogan stated
additional linear feet could be added to the wall, as
requested by the owner of Lot 60, if additional
landscape screening at Lot 60, directly above Lot 40,
were to be installed.
Councilmember Mikos stated she had visited Lots 60 and
40, and another home on Laurelhurst Road. She stated
she recalls from the original Carlsberg development
debate, that the big concern was the loss of view of
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Moorpark, California Paae 4
June 2, 2004
open ,space and the goal of what was approved by that
Council was to limit the view from the west sidewalk
to just the roof tops of the proposed development; the
staff report alludes to the east sidewalk view rather
than the west; she thought staff had been directed at
the last meeting to bring back compromise options
showing different heights of block wall; and she is
disappointed to see the staff report does not contain
these exhibits.
In response to Councilmember Mikos, Mr. Hogan stated
the owner of Lot 40 did bring in pictures; the height
of the wall remains the same no matter whether it is
block or wrought iron; and if the changes are
approved, there should be no visual impact except for
Lot 40.
Councilmember Mikos stated she is concerned that the
previous Council's guarantee to those in the area who
fought for the conditions of the Carlsberg development
to include a certain amount of view fencing along with
a majority of block, is not being honored by this
request; she would be in favor of re- noticing this
item to allow more residents to speak, especially
since one applicant -owner is not ready to proceed with
the new wall; and this would also allow exhibits of
various wall heights to be presented.
In response to Council questions, Mr. Hogan clarified
the rear -yard setbacks for Lots 60, 59 and 40;
confirmed additional landscaping could be conditioned
on the Homeowners' Association property, subject to
their approval; clarified this is a property line
fence with the actual area of useable yard to be 10 -15
feet back from the fence; and confirmed Lot 60 could
view into the back bedroom of Lot 40 from the fence
line.
In response to Mayor Hunter, Mr. Ridgeway, owner of
Lot 40, stated when he purchased his property the
house had not been built, it was just the pad with no
fencing; the fencing on Lot 60 was already in place
and is as represented today, a block wall; and his
understanding for fencing to be installed on the up-
slope was for it to be wrought iron with the rest to
be block wall, which is what it is now.
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In response to Mayor Hunter, Mr. Lazar, owner of Lot
60, stated when his home was purchased, the block wall
was in place; the developer recommended property
owners bring up any desired changes for the wall with
the City Council; and he did have papers from the
developer showing plans for these homes with six -foot
view fencing, no berm, and no block wall.
In response to Councilmember Mikos, the property owner
from Lot 62 stated he had removed two courses of
block, which only allows for a view, if standing right
at the fence line.
In response to Mayor Hunter, Mr. Hogan stated the
line -of -sight for Lot 60 is no different at the 23-
foot point or at the remaining 75 -foot balance of the
lot.
Councilmember Parvin reiterated her concern that Lot
60 will be able to look into Lot 40's bedroom.
Councilmember Harper stated
additional privacy to the
require Lot 60, subject to
install plant material at t]
then allow Lot 60 to extend
entire distance.
a better way of giving
lower lot would be to
approval by the HOA, to
iat corner of the lot and
the view fencing for the
Councilmember Mikos stated privacy for Lot 40 is not
the main issue; the main issue is the original
agreement to those residents in the Steeple Hill
neighborhood; she is more in favor of a compromise of
3 -feet of block and 3 -feet of wrought iron and to
allow Lot 60 to extend that configuration further, but
with landscaping; and even though she wants relief for
these applicants, they purchased their homes in this
condition and should honor the citizens who fought to
maintain their views at previous hearings when
Carlsberg was originally approved.
Councilmember Millhouse stated a two -foot difference
in the height of the wall should create no lighting
issue; flood - lighting can be dealt with by code
compliance; houses are set back so there is no privacy
issue, unless residents walk right up to the wall and
deliberately look down; there is no rationale for not
allowing the changes across all lots; and the more
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difficult issue is Lot 60 versus Lot 40. He concurred
with Councilmember Harper's recommendation regarding
increased landscaping. Councilmember Millhouse
continued by stating Lot 60's wrought iron fencing
should be allowed for the entire length with
landscaping; and a condition of approval needs to be
added so the applicants are required to make the wall
changes at one point in time along with the plantings.
Mayor Hunter concurred with the additional landscape
condition, stating the timing of the plantings needs
to coincide with the fencing modification; and
Condition No. 1 requiring the fencing modification to
occur at one time should remain.
Councilmember Mikos stated it appears the rest of the
Council does not think the line -of -sight from Spring
Road is an issue; and she concurred with Mayor Hunter
that Condition No. 1 must remain.
In response to Councilmember Harper, Mr. Hogan stated
the lifetime of the permit is one year with extensions
allowed by the Community Development Director. He
requested direction on the planting of the additional
landscaping in case the HOA does not approve it and
whether this item would need to return to the Council.
Mayor Hunter stated he did not see this as an issue
and he did not want to see this item come back to
Council.
In response to Councilmember Parvin, Mayor Hunter
stated the majority of other homes in the same
situation in this development already have view
fencing and he does not foresee the Community
Development Director having to use his discretion to
approve additional wall configuration requests.
In response to Councilmember Harper's recommendation
that the Community Development Director be given
discretion to increase the amount of Lot 60's
remaining wall to afford the same amount of privacy if
the HOA does not approve the landscaping,
Councilmember Millhouse stated if the HOA denies the
additional landscaping the Council should review the
item again to see if they want to make the same
decision.
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MOTION: Councilmember Millhouse moved and Councilmember
Harper seconded a motion to adopt Resolution No. 2004 -2197,
approving Modification No. 1 to RPD No. 1998 -05 to modify a
block wall to allow a tubular steel view fence located at
14143, 14144, 14151, 14152, 14159 and 14160 Maya Circle
(Tract 4977, as amended, with: 1) Modification for fencing
on Lot 60 (14160 Maya Court) to extend the full length
requested by the applicant; 2) Installation of landscaping
to screen Lot 40 ( 14135 Huron Court) from Lot 60 with the
location and amount to be determined by the Community
Development Director, subject to the approval of the
Homeowner's Association (HOA), and if not approved by the
HOA then the item will come back to the City Council; and
3) An extension to the permit should be allowed by approval
of the Community Development Director, if this item is not
completed within the one year time frame. The motion
carried by roll call vote 4 -1, with Councilmember Mikos
dissenting.
B. Consider Resolution Amending Specific Plan No. 95 -02;
Zoning Ordinance Amendment No. 2002 -02, a Request to
Amend Chapter 17.74 of the Moorpark Municipal Code
Relating to the Development Standards of Specific Plan
No. 95 -02; and Resolution Approving Residential
Planned Development Nos. 2002 -03, -04, and -05, for
Construction of a Total of 318 Single- Family Detached
Residential Units within Specific Plan No. 95 -02,
Located Approximately One -Half Mile North of the
Northerly Terminus of Spring Road and Three - Fourths of
One Mile East of Walnut Canyon Road on the Application
of Pardee Homes. Staff Recommendation: 1) Open the
public hearing, receive public testimony, and close
the public hearing; 2) Adopt Resolution No. 2004- ,
approving an Amendment to Specific Plan No. 95 -02; 3)
Introduce Ordinance No. for first reading to
approve Zoning Ordinance Amendment No. 2002 -02 and
schedule second reading and adoption for June 16,
2004; and 4) Adopt Resolution No. 2004- , approving
Residential Planned Development Permit Nos. 2002 -03,
2002 -04, and 2002 -05, subject to Conditions of
Approval.
Mr. Hogan gave the staff report.
In response to Councilmember Harper, Mr. Hogan stated
the optional feature of tandem parking inside the
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Moorpark, California Paqe 8 June 2, 2004
garages can be converted to living space if not
approved; and all lots will have space for two cars to
be parked in the driveway in front of the garage.
Councilmember Parvin expressed concern that a two -car
garage does not seem large enough for homes with six
bedrooms, since there will probably be more than two
vehicles per household.
In response to Councilmember Parvin, Mr. Hogan stated
staff monitors approval of the building permits;
plotting of each home on each lot for compliance with
Specific Plan criteria to maintain an open feeling in
the neighborhood; and examines each floor plan, each
model type, the location of the driveways, and front/
rear -yard setbacks.
In response to Councilmember Parvin, Mr. Hogan stated
staff will make sure the design of the small backyards
for these relatively large homes can accommodate patio
equipment, since in this climate it is anticipated the
homeowners will want to cover the patio with lattice
or a wooden structure; staff is recommending the
standard 20 -foot rear -yard setback be maintained; and
air conditioners can be placed in side - yards, although
most are in the rear -yard, as required in the
Conditions of Approval.
Councilmember Parvin stated the front door of Planning
Area No. 1 (PA -1) of Plan #3 should be changed, as it
is not aesthetically pleasing.
Councilmember Mikos stated in the future, she would
prefer a larger exhibit showing the entire project.
Mayor Hunter opened the public hearing.
Jim Bizzelle, Vice President of Community Development
for Pardee Homes, 26650 The Old Road, Valencia,
California, provided an overview of the Moorpark
Highlands development.
Gary Armstrong, RBF Consulting for Pardee Homes, 4880
Santa Rosa Road, Camarillo, California, explained the
modified Tentative Tract Map, Lot Summary, and
proposed revisions for Zone Ordinance Amendment
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Setbacks; and stated the applicant is willing to
accept a 20 -foot rear -yard setback in PA -l.
Loren Smets, Vice - President of Architecture for Pardee
Homes, 10880 Wilshire Boulevard, Suite 1900, Los
Angeles, California, stated there are seven different
styles of architecture; the plotting of the homes is
designed to minimize garage impacts with tandem and
side -load garages; and the architecture in front of
the garages is to provide a varied street scene.
Robin Lowe, architect for Pardee Homes, LA Group
Landscape, 22110 Clarendon Street, Suite 202, Woodland
Hills, California, showed the concept and direction of
proposed landscaping.
Vincent Moscow, a Moorpark resident, stated the houses
are too close together; the yards are too small; and
the overall feel is too congested.
Donald Shively, a Moorpark resident from Village
Heights expressed concerns about increased traffic and
safety issues creating a need for a traffic signal at
the Charles Street and Spring Road intersection.
In response to Mayor Hunter, Mr. Kueny stated a signal
is required at the subject intersection to be
synchronized with the existing signal to the south;
and Spring Road will be two lanes in each direction.
In response to Mayor Hunter, Ms. Traffenstedt stated
there is one Written Statement Card from Sylvester
Vakarial indicating opposition without any written
comments.
Mr. Bizzelle confirmed the project is conditioned to
provide a traffic signal at the intersection of
Charles Street and Spring Road; and there will be two
traffic lanes in each direction on Spring Road.
Councilmember Mikos stated the proposal is a lot to
review and she would like more time.
In response to Mayor Hunter, Mr. Hogan stated the
project could be carried over for up to four weeks.
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Mr. Bizzelle stated he had no opposition to a
continuance.
Mayor Hunter stated for the record, he would like to
maintain a 20 -foot setback in PA -1.
Councilmember Harper stated five -foot side -yard
setbacks are not good, long -range planning even though
the properties sell; the landscaping is very
attractive and well done; the wood fencing and wooden
gates pose an HOA maintenance issue and he would
prefer a more durable, non -wood material; and the
elevations of the homes are attractive.
In response to Councilmember Harper, Mr. Bizzelle
stated there are no plans to reduce the size of the
lots in PA -8 or PA -9.
MOTION: Councilmember Mikos moved and Councilmember Harper
seconded a motion to continue this item with public hearing
open to July 7, 2004. The motion carried by unanimous
voice vote.
C. Consider Resolution Approving the Final Assessment
Engineer's Report for the Parks and Recreation
Maintenance and Improvement Assessment District and
Confirming the Levy Amount for Fiscal Year 2004/05.
Staff Recommendation: 1) Open the public hearing,
receive public testimony, and close the public
hearing; and 2) Adopt Resolution No. 2004 -2198,
approving the Engineer's Report and setting the
assessment for the Parks and Recreation Maintenance
and Improvement District for Fiscal Year 2004/05.
Ms. Lindley gave the staff report.
In response to Councilmember Millhouse, Ms. Lindley
stated the percentage for use of the park by single -
family residential versus a shopping center are
developed by the engineer predicated on the theory
that there would be less park use by employees of the
shopping center than by single- family residents.
In response to Councilmember Mikos, Ms. Lindley
confirmed that when Proposition 218 was passed this
assessment formula was established.
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Moorpark, California Page 11 June 2, 2004
In response to Councilmember Harper's concerns
regarding making up the shortfall in the assessment
charged to the average homeowner with General Funds,
Ms. Lindley stated any increase in the assessment
amount would have to return to the voters.
In response to Councilmember Harper, Mr. Kueny stated
the assessment to cover all costs would be closer to
$100 per single- family household; it was decided the
maximum amount the voters would approve is the current
assessment of $44 per single- family household; and the
City is assessing the maximum amount allowed under the
current ordinance.
Councilmember Mikos stated there was a previous park
assessment before Proposition 218 and the City tried
to keep the amount the same in order to gain voter
approval.
Mayor Hunter opened the public hearing.
In response to Mayor Hunter, Ms. Traffenstedt stated
there were no speakers.
Mayor Hunter closed the public hearing.
MOTION: Councilmember Parvin moved and Councilmember
Harper seconded a motion to adopt Resolution No. 2004 -2198,
approving the Engineer's Report and setting the assessment
for the Parks and Recreation Maintenance and Improvement
District for Fiscal Year 2004/05. The motion carried by
unanimous voice vote.
D. Consider Final Review and Changes to the Engineer's
Report for Assessment District 04 -01 (Colmer
Development - Tract 5307) and Resolution Confirming
the Assessment Amount for Fiscal Year 2004/05. Staff
Recommendation: 1) Open the public hearing, receive
public testimony, and close the public hearing; 2)
Approve the Engineer's Report for AD04 -01 for FY
2004/05, with no changes from the report approved by
City Council Resolution No. 2004 -2188; and 3) Adopt
Resolution No. 2004 -2199 confirming the assessments
for AD04 -01 for FY 2004/05.
Mr. Gilbert gave the staff report.
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In response to Councilmember Mikos, Mr. Gilbert stated
the assessment amount will be levied each year until
the fund balance reaches the actual cost.
In response to Councilmember Millhouse, Mr. Kueny
stated this project does not have a Homeowners
Association; therefore, the Assessment District covers
the landscaping costs to be maintained by the City.
Mayor Hunter opened the public hearing.
In response to Mayor Hunter, Ms. Traffenstedt stated
there were no speakers.
Mayor Hunter closed the public hearing.
MOTION: Councilmember Mikos moved and Councilmember
Harper seconded a motion to: 1) Approve the
Engineer's Report for AD04 -01 for FY 2004/05, with no
changes from the report approved by City Council
Resolution No. 2004 -2188; and 2) Adopt Resolution No.
2004 -2199 confirming the assessments for AD04 -01 for
FY 2004/05. The motion carried by unanimous voice
vote.
E. Consider Final Review and Changes to the Engineer's
Report for Landscaping and Lighting Maintenance
Assessment Districts and Resolution Confirming the
Assessments for Fiscal Year 2004/05. Staff
Recommendation: 1) Open the public hearing, receive
public testimony, and close the public hearing; 2)
Adopt Resolution No. 2004 -2200, making certain changes
to and confirming the assessments for FY 2004/05; 3)
Direct staff that for certain Zones /Districts, the
amount of the assessment to be levied upon the
affected properties shall be a reduced amount as
generally set forth in Section K of the agenda report;
and 4) Direct staff to present to the City Council in
November, 2004, a Resolution amending the FY 2004/05
Budget to fund certain Fund transfers necessary to
eliminate actual FY 2003/04 year -end Fund deficits for
the Assessment District Funds.
Mr. Gilbert gave the staff report.
Mayor Hunter opened the public hearing.
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In response to Mayor Hunter, Ms. Traffenstedt stated
there were no speakers.
Mayor Hunter closed the public hearing.
MOTION: Councilmember Parvin moved and Councilmember Mikos
seconded a motion to: 1) Adopt Resolution No. 2004 -2200,
making certain changes to and confirming the assessments
for FY 2004/05; 2) Direct staff that for certain
Zones /Districts, the amount of the assessment to be levied
upon the affected properties shall be a reduced amount as
generally set forth in Section K of the agenda report; and
3) Direct staff to present to the City Council in November,
2004, a Resolution amending the FY 2004/05 Budget to fund
certain Fund transfers necessary to eliminate actual FY
2003/04 year -end Fund deficits for the Assessment District
Funds.. The motion carried by unanimous roll call vote.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Whether Appliance Sales, Distribution and
Warehousing are Commercial Uses in Compliance with the
Existing SDI Development Agreement for the Land
Located on the East Side of State Route 23,
Immediately North and South of New Los Angeles Avenue
(Lots 1 and 2 of Tract 5004). (continued from May 5,
2004) Staff Recommendation: Remove from calendar and
request Selleck Development Group, Inc., to follow the
process provided for in the Development Agreement and
other applicable City procedures.
Mayor Hunter stated for the record: "I have
participated in connection with the Affordable
Housing /Community Development Committee's review of
this matter. Subsequent to my participation, certain
events have occurred involving a lawsuit between the
applicant and the former owner's of the property,
Strategic Devices, Inc. Although, I do not have a
legal conflict of interest, the nature of the events
which have occurred are such that I feel I should
refrain from further participation to avoid any
appearance of bias."
AT THIS POINT in the meeting, Mayor Hunter left the meeting. The
time was 9:29 p.m.
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Mr. Hogan requested the Council first consider whether
this item should be referred back to staff to follow
the procedures set forth under Section 13 of the
Development Agreement, "Administration of the
Development Agreement "; and if so, then staff will
proceed to work through that process with the
applicant. He continued by stating, if the Council
wishes to proceed with the item, he would give the
staff report.
In response to Mayor Pro Tempore Parvin, Daniel
Selleck, President of Selleck Development Group, 2660
Townsgate Road, Suite 250, Westlake Village,
California, stated he had requested a continuance of
this item "from the May 19th hearing to allow more time
for everyone to review and understand this proposal.
He stated he has owned Lots 1 and 2 of this property
for five years and has marketed to multiple retail
uses such as those contained in the Development
Agreement. Mr. Selleck requested direction from
Council, as he believes this proposed use is
consistent with Section 6.k. of the Development
Agreement; and he respectfully disagrees with staff's
current recommendation and that of the previous staff
report on May 19. Mr. Selleck stated he is currently
in escrow to sell Lot 1 to Mr. Schlender where he
proposes to develop a retail -home appliance shopping
complex.
In response to Councilmember Millhouse, Mr. Hogan
confirmed the first issue is to determine whether the
proposed use is allowed under the Development
Agreement for this site; and the second issue is
whether the Council wants to continue to discuss
whether the proposed use is consistent with Section
6.k. of the Development Agreement.
Councilmember Harper stated the third issue is whether
this proposed use is also consistent with the
underlying zoning of the property and consistent with
the General Plan.
In response to Councilmember Harper, Mr. Hogan stated
the Development Agreement and the zoning have to be
consistent with the General Plan.
Mr. Hogan proceeded to give the staff report.
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Councilmember Mikos stated she was on the Affordable
Housing and Community Development Committee when this
proposal was discussed; there was no unanimity as to
whether this proposed use complies with Section 6.k.
of the Development Agreement; and the Council is not
being asked to look at plans for this project or the
architecture, the point is to decide consistency with
Section 6.k.
In response to Councilmember Harper, Mr. Hogan stated
the proposed use is not consistent with the General
Plan, current underlying zoning, nor the Development
Agreement; and in order to proceed, a General Plan
Amendment, Zoning Ordinance Amendment and possibly an
amendment to the Development Agreement would be
required.
Tom Schlender, President of Warehouse Discount Center,
774 Wildwood Avenue, Thousand Oaks, stated he had
entered into an agreement with Mr. Selleck to purchase
this property which is zoned for retail sales; and
Warehouse Discount Center is a retailer of major home
appliances and plumbing fixtures, so he does not
understand the confusion regarding whether this is a
permitted use.
In response to Councilmember Mikos, Mr. Schlender
stated Warehouse Discount Center is not a distributor;
they are a retail seller of appliances and plumbing
fixtures to the consumer; they collect sales tax; and
make delivery of project to the consumer.
Councilmember Mikos stated this process is not the
same as Kohl's or Target, since this proposed use
would be more distribution than sales; therefore, it
does not meet the approved list of uses described in
Section 6.k. of the Development Agreement.
Matthew Hayden, representative for the applicant, 1233
Franklin Street, Santa Monica, California, stated this
is a difficult issue for interpreting use; the
business models for warehouse retail are changing and
perhaps the City should take responsibility for
updating the Moorpark Code; and the Development
Agreement provides the Council with additional
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rationale for processing the project and deciding
tonight if it is consistent.
In response to Councilmember Mikos, Mr. Hogan stated a
Commercial Planned Development application has not
been filed for this proposal.
Chuck Cohen, attorney representing Selleck Development
Group, 2801 Townsgate Road, Thousand Oaks, stated this
is a simple issue; Mr. Schlender operates a business
no different than a Bed Bath and Beyond store; and Mr.
Schlender is proposing to sell product in the Moorpark
community.
Mr. Montes stated based on the current staff report,
the question before Council is what is the appropriate
process for this proposal; and in the intervening time
since the May 19th hearing, staff has developed new
information, which they feel has moved the matter
beyond a quick review by the Council and believe it
should move to a formal application instead. The
second issue is whether the Council believes the
proposed use is consistent with the Development
Agreement; and if it is determined not to be
consistent, a General Plan Amendment, Zoning Amendment
and Amendment to the Development Agreement would be
required.
Councilmember Millhouse stated it is not fair to the
applicant to have to go back and start over through
another process; the applicant was led to believe as
presented in the May 19th staff report, that he was
entitled to bring the question of whether the use is
consistent with the Development Agreement to Council
for a determination; the Development Agreement
provides for retail sales; this is a business which
sells product; and they should be allow to make the
application.
In response to Councilmember Harper, Mr. Hogan stated
there is a three -to -one ratio in square footage for
warehousing /office space as compared to the retail
space; this exceeds what is allowed under the General
Plan designation for Commercial Use; the nature of the
business is inconsistent with the General Plan and the
Zoning Code; and the use is not consistent with 6.k.
of the Development Agreement.
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Minutes of the City Council
Moorpark, California PaQe 17 June 2, 2004
In response to Councilmember Mikos, Mr. Hogan stated
this use would be allowed in an industrial area of
Moorpark; and there is some vacant land near the
western end of Los Angeles Avenue that is available
for industrial use.
In response to Councilmember Millhouse, Mr. Selleck
stated the Development Agreement was established in
1996; he purchased the property in 1999; Section 6.k.
not only states uses, but also states the maximum
square footages for Lot 1 shall not exceed 132,183
square feet; and Mr. Schlender's building is only
115,000 square feet. He continued by stating this
should take precedence over the issue of use; and he
purchased this property with the understanding that
they would exceed standard coverage for retail.
Councilmember Harper stated the remainder of Section
6.k. explicitly states the allowed uses; and this
proposal is a mixed -use with a large distribution
component.
In response to Mayor Pro Tempore Parvin, Mr. Hogan
stated when the architect for this proposal inquired
about the requirements for plan submittal and informed
staff of the proposed use, he was told not to submit
plans, as the use would be inconsistent with the
Development Agreement; and staff did not want the
applicant to spend money on plans staff would be
required to deny.
In response to Councilmember Harper, Mr. Hogan stated
if the Council finds this use to be inconsistent with
the Development Agreement, the applicant could proceed
with a request for a General Plan Amendment to change
from Commercial to Industrial use or some other
unique, special use, such as a mixed -use
Industrial /Commercial.
MOTION: Councilmember Millhouse moved and Mayor Pro
Tempore Parvin seconded the motion to find the proposed use
consistent with the Development Agreement. The motion
failed by tie voice vote 2 -2, with Councilmembers Mikos and
Harper dissenting and Mayor Hunter absent.
Minutes of the City Council
Moorpark, California Paae 18
June 2, 2004
MOTION: Councilmember Harper moved and Councilmember Mikos
seconded a motion to table the item until the next meeting
to allow staff to further study the options. The motion
failed by tie voice vote 2 -2, with Councilmember Millhouse
and Mayor Pro Tempore Parvin dissenting and Mayor Hunter
absent.
MOTION: Councilmember Mikos moved and Councilmember Harper
seconded a motion to find the distribution use inconsistent
with Development Agreement Section 6. k., the General Plan
and the CPD Land Zone The motion failed by tie voice vote
2 -2, with Councilmembers Millhouse and Mayor Pro Tempore
dissenting and Mayor Hunter absent.
AT THIS POINT in the meeting the Council declared a recess. The
time was 10:20 p.m. The Council reconvened at 10 :35 p.m.
Ms. Traffenstedt read from Resolution No. 2003 -2102 Council
Rules of Procedure Section 8.5 regarding Tie Vote:
"...If a tie vote results at a time when less than all
members of the Council are present, the matter shall
automatically be continued to the agenda of the next
regular meeting of the Council, unless otherwise ordered by
the Council.
The item was continued to June 16, 2004.
AT THIS POINT in the meeting, Mayor Hunter returned to the
meeting. The time was 10:36 p.m.
B. Consider Changing the Rail Trail Study to a Downtown
Trail Study. Staff Recommendation: Authorize staff
to renegotiate the scope and fee for the consultant
contract for the Rail Trail Study to be re- directed to
become the Downtown Trail Study, as discussed in the
agenda report, contingent upon Ventura County
Transportation Commission approval.
Mr. Gilbert gave the staff report.
In response to Councilmember Mikos, Mr. Gilbert stated
that during the Downtown Study, staff is hoping to
find candidate locations for a trail through the
downtown area, either on High Street or Charles Street
and in that way would eliminate the need for a rail
trail.
Minutes of the City Council
Moorpark, California Paae 19
June 2, 2004
In response to Councilmember Mikos, Mr. Gilbert stated
a request could be made to the Ventura County
Transportation Commission for consideration of a
second rail on the south side to keep the option open
for a rail trail, although he did not feel it was
necessary if a downtown trail is established.
Councilmember Harper, a member of the Transportation
and Streets Committee, stated there were other
concerns raised by the committee regarding a trail
adjacent to the railroad tracks including safety
issues for children using a trail in close proximity
to the tracks; night use requiring a great deal of
illumination for safety and security; and the
uncertainty of where the second rail would ultimately
be located. He concluded by stating it was
recommended it would be better to place the downtown
trail in another location.
In response to Mayor Hunter, Ms. Traffenstedt stated
there were no speakers.
In response to Mayor Hunter, Mr. Gilbert stated there
is no need for an appropriation as the budget is still
viable.
MOTION: Councilmember Harper moved and Councilmember Mikos
seconded a motion to authorize staff to re- negotiate the
scope and fee for the consultant contract for the Rail
Trail Study to be re- directed to become the Downtown Trail
Study, as discussed in the agenda report, contingent upon
Ventura County Transportation Commission approval. The
motion carried by unanimous voice vote.
C. Consider
Standards
Resolution Establishing Landscape Design
and Guidelines. Staff Recommendation:
Adopt Resolution No. 2004-
Mr. Hogan gave the staff report.
In response to Councilmember Mikos, Mr. Hogan stated
the guidelines will be applied to all new
developments, homeowner association modifications,
commercial and industrial projects, but not to
existing single- family homes.
0 00480
Minutes of the City Council
Moorpark, California Page 20 June 2, 2004
Councilmember Mikos stated she wanted additional time
to review the document and requested a continuance.
In response to Councilmember Parvin's concern
regarding the distance - planting of trees in close
proximity to fencing, Mr. Hogan stated staff and the
landscape architect will be reviewing slope plantings
and the issues associated with planting trees near
fencing.
In response to Councilmember Parvin, Mr. Wolfe stated
the document addresses water conservation as a goal
and primary policy of the City; and the guidelines are
intended for use by landscape professionals who will
readily recognize the species of plants including
those which are drought tolerant.
Councilmember Parvin stated she is counting on staff
to enforce the concept of respecting viewing
opportunities for adjacent residents in plant
placement.
In response to Mayor Hunter, Mr. Hogan stated the
general parking area design requirements for
landscaping are being increased from the current
standard to 15% and will be codified in the new zoning
ordinance.
Mayor Hunter stated he is very impressed with the
document; it is user friendly with great curb appeal;
and it is very professional.
Councilmember Harper stated he noticed Chinese Flame
trees, which are very invasive, are included on the
approved tree list; this list may not be entirely
appropriate to this area; and a review of the tree
species would be advisable.
Mayor Hunter stated it appears there is a consensus to
continue this item; and asked if the consultant could
be made available for questions at the next hearing.
Councilmember Mikos stated she would need the extra
time to consult with other experts on the list of
trees.
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Minutes of the City Council
Moorpark, California Page 21 June 2, 2004
In response to Mayor Hunter, Ms. Traffenstedt stated
there were no speakers.
MOTION: Councilmember Millhouse moved and Councilmember
Parvin seconded a motion to continue this item for four
weeks to July 7, 2004. The motion carried by unanimous
voice vote.
D. Consider Proposed Tagline, Logo, and Color Palette.
Staff Recommendation: Approve the "brand" presented
for the City of Moorpark, including logo, tagline and
color palette as recommended by the City Council
Economic Development Committee.
Ms. Hernandez gave the staff report.
Councilmember Harper stated he loves the colors,
design, and the phrase.
In response to Mayor Hunter's request for staff or the
committee to comment on how the logo represents the
description of Moorpark, as contained on stamped page
243 of the staff report, Councilmember Parvin, a
member on the Economic Development Committee, stated
of all the logos presented, this one reflects simple
rolling hills and the colors evoke comforting
feelings.
Councilmember Millhouse stated he likes the logo.
In response to Mayor Hunter's question of how the logo
represents the historical concepts of a 100 -year old
community, as described on stamped page 242 of the
staff report, the consultant from Mayerson Marketing
stated a logo is supposed to be non - specific and evoke
an instantaneous emotional response; and a more
detailed approach would be appropriate for a brochure
or a website where there is more space and time for
definition. She continued by stating the City seal,
which represents the City's history, would be used on
more formal items such as letterhead or other
documents, while the logo would be used on less formal
items such as T- shirts, caps, banners, and signage;
and it is possible both could be used on the website.
Councilmember Mikos stated she thinks the logo is
great; and the slogan selected is the one she likes.
Minutes of the City Council
Moorpark, California Paae 22
June 2, 2004
Councilmember Harper stated in art, "less is more ";
this is very simple; it makes a clear statement; and
he likes that statement.
In response to Mayor Hunter, Ms. Traffenstedt stated
there were no speakers.
MOTION: Councilmember Parvin moved and Councilmember
Millhouse seconded a motion to approve the "brand"
presented for the City of Moorpark, including logo, tagline
(Life can be this good.), and color palette as recommended
by the City Council Economic Development Committee. The
motion carried by unanimous voice vote.
E. Consider Surcharge Increase at the Simi Valley
Landfill and Changes to the Collection of Countywide
Integrated Waste Management Plan (CIWMP) Fees. Staff
Recommendation: Defer the solid waste collection rate
mid -year increase to January, 2005, and approve the
collection of the CIWMP fee as outlined in the agenda
report.
Mr. Brand gave the staff report.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
MOTION: Councilmember Millhouse moved and Councilmember
Harper seconded a motion to defer the solid waste
collection rate mid -year increase to January, 2005, and
approve the collection of the CIWMP fee as outlined in the
agenda report. The motion carried by unanimous voice vote.
10. CONSENT CALENDAR:
MOTION: Councilmember Parvin moved and Councilmember Harper
seconded a motion to approve the Consent Calendar. The motion
carried by unanimous roll call vote.
A. Consider Approval of Warrant Register for Fiscal Year
2003 -2004 - June 2, 2004.
Manual Warrants
Voided Warrant
116215 - 116217 $ 2,993.00
$ (0.00)
s
Minutes of the City Council
Moorpark, California Page 23 June 2, 2004
Payroll Liability 116210 - 116214 $ 2,645.28
Warrants
Regular Warrants 116218 - 116316 & $ 102,383.06
116317 - 116330 $ 197,907.14
Staff Recommendation: Approve the warrant register.
B. Consider Resolution Amending the Fiscal Year 2003/04
Budget by Appropriating Older Americans Act Grant
Funds for One- Time -Only Older Americans Act Title III -
B Funds for Supportive Services and Senior Centers.
Staff Recommendation: Adopt Resolution No. 2004 -2201.
ROLL CALL VOTE REQUIRED
C. Consider the Ventura County Library Commission's
Legislative Platform. Staff Recommendation: Approve
the Ventura County Library Commission's Legislative
Platform.
D. 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
comply with the City's Municipal Code and County
Health Department requirements and pay all direct
costs incurred by the City, including one staff person
dedicated to the Tournament.
E. Consider Changes to Current Compost Program. Staff
Recommendation: Approve the recommended changes to
the City Compost Bin Program as outlined in the agenda
report, and authorize the City Manager to execute an
Agreement with Green Culture, Inc.
F. Consider Emergency Management Ad Hoc Committee Report.
Staff Recommendation: Receive and file report.
G. Consider Resolution Supporting a Policy Statement on
"Wildland Urban Interface Fires: A Collaborative Plan
to Decrease Impacts on Public Health and Safety."
Staff Recommendation: Adopt Resolution No. 2004 -2202.
H. Consider Resolution Amending the Fiscal Year 2003/04
Budget to Provide Funding for a City Project to
Undertake the Widenina of Los Angeles Avenue between
t.,� 1 0 0 8
Minutes of the City Council
Moorpark, California Page 24
Leta Yancy Road and Maureen Lane (Pacific
Tentative Tracts 5053 and 5204).
Recommendation: Approve Resolution No.
ROLL CALL VOTE REQUIRED
11. ORDINANCES:
None.
12. CLOSED SESSION:
June 2. 2004
Communities
Staff
2004 -2203.
Mr. Kueny requested that the City Council go into closed
session for Items 12.D., 12.E., 12.F. and 12.G. on the
agenda.
MOTION: Councilmember Harper moved and Councilmember Parvin
seconded a motion to adjourn to closed session for a discussion
of Items 12.D., 12.E., 12.F. and 12.G. on the agenda. The
motion carried by unanimous voice vote. The time was 11:04 p.m.
D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Subdivision (a) of Section 54956.9 of the
Government Code)
William L. Whitaker, III and James Dale Whitaker vs.
City Council of the City of Moorpark, et al (Case No.
SC03803)
E. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Section 54957.6 of the Government Code)
Agency Designated Representative: Steven Kueny
Employee Organization: Service Employees International
Union, AFL -CIO, CLC, Local 998
F. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Section 54957.6 of the Government Code)
Agency Designated Representative: Steven Kueny
Unrepresented employees: Accountant I, Administrative
Services Director, Assistant City Manager, Assistant
to City Manager /City Clerk, Budget and Finance
Manager, City Engineer, Community Development
Director, Community Services Director, Information
Systems Manager, Planning Manager, Principal Planner,
Public Works Director, Public Works Supervisor;
Recreation Manager, and Senior Management Analyst
G. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
`-� 0 0 2S 5S
Minutes of the City Council
Moorpark, California Paqe 25 June 2, 2004
(Pursuant to Subdivision (b) of Section 54957 of the
Government Code)
Title: Assistant City Manager, Assistant to City
Manager /City Clerk, City Manager, City Attorney, City
Engineer, Chief of Police, Administrative Services
Director, Community Development Director, Community
Services Director, and Public Works Director
The Council reconvened into closed session after a brief
recess at 11:13 p.m. 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.
Mr. Montes, Ms. Lindley and Mr. Hogan left the meeting at
11:25 p.m.
The Council reconvened into open session at 11:40 p.m. Mr.
Kueny stated Items 12.D., 12.E., 12.F. and 12.G. were
discussed and there was no action to report.
13. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 11:40 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
0002S-6
MINUTES OF THE CITY COUNCIL
Moorpark, California Julv 7. 2004
A Regular Meeting of the City Council of the City of Moorpark
was held on July 7, 2004, in the Council Chambers of said City
located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Hunter called the meeting to order at 7:13 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; Brad Miller, City
Engineer; Captain Richard Diaz, Sheriff's
Department; David Bobardt, Planning Manager;
Scott Wolfe, Principal Planner; Deborah
Traffenstedt, Assistant to City Manager /City
Clerk; and Maureen Benson, Deputy City
Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Proclamation Declaring the Month of July as "Parks and
Recreation Month".
Mayor Hunter presented Mary Lindley, Community
Services Director, with a Proclamation declaring the
month of July as "Parks and Recreation Month ".
Ms. Lindley stated the City has 15 parks, one of which
was recently expanded, one of which will be undergoing
an expansion in the near future, and a 16th park which
will be named this evening. She also stated the City
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Minutes of the City Council
Moorpark, California Paae 2
Julv 7, 2004
has a dedicated and hard working staff who support a
very active recreation program serving the very young
on up to active adults.
5. PUBLIC COMMENT:
Cynthia Hollister, a Moorpark resident, spoke regarding the
recent Grand Jury report, reminding the Council of her
suggestion from the meeting of June 16, 2004, to form a
committee to discuss the issue.
Tom McKenzie, a Moorpark resident, representing the Knights
of Columbus Council 9969, announced a barbeque to take
place at Peach Hill Park on July 25th; and asked Council if
they could waive the fee for the use of the facility, as
they are a non - profit organization.
Mayor Hunter explained Council cannot legally take any
action during Public Comments. He suggested Mr. McKenzie
write a letter to staff to have this placed on the July
21st agenda for Council consideration.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
Mayor requested Item 10.J. be pulled from the Consent
Calendar to be heard prior to Public Hearings.
CONSENSUS: It was the consensus of the Council to hear Item
10.J. prior to Public Hearings.
Staff requested Items 10.F., 10.Q., 10.R. and 10.T. be
pulled from the Consent Calendar.
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Millhouse welcomed a new resident of the City
watching the meeting from home.
AT THIS POINT in the meeting Item 10.J. was heard.
10. J. Consider Request from Roam'n Relics Car Club to Hold
Car Show on October 24, 2004, from 8:00 a.m. to 3:00
p.m. on High Street and Pay Reduced City Fees for the
Event. Staff Recommendation: 1) Waive fee for use of
Redevelopment Agency property, charge Club the
contract billing rate for police services charged by
the County of Ventura, and charge Club the direct cost
of other staff to plan the event; 2) Require Club to
f)08
Minutes of the City Council
Moorpark, California Page 3 July 7, 2004
pay an encroachment permit fee ($100) and a temporary
special use permit fee ($88); and 3) Require Club to
provide the City and Agency with an indemnification
agreement and name the City and Agency as additional
insureds in the Club's insurance policy.
Mr. Kueny deferred the staff report.
In response to Mayor Hunter, Ms. Traffenstedt stated
there were no speakers.
MOTION: Councilmember Harper moved and Councilmember
Parvin seconded a motion to: 1) Waive the fee for use of
Redevelopment Agency property, charge the Club the contract
billing rate for police services charged by the County of
Ventura, and charge the Club the direct cost of other staff
to plan the event; 2) Require the Club to pay an
encroachment permit fee ($100) and a temporary special use
permit fee ($88); and 3) Require the Club to provide the
City and Agency with an indemnification agreement and name
the City and Agency as additional insureds in the Club's
insurance policy. The motion carried by unanimous voice
vote.
PUBLIC HEARING:
A. Consider Resolution Amending Specific Plan No. 95 -02;
Zoning Ordinance Amendment No. 2002 -02, a Request to
Amend Chapter 17.74 of the Moorpark Municipal Code
Relating to the Development Standards of Specific Plan
No. 95 -02; and Resolution Approving Residential
Planned Development Nos. 2002 -03, -04, and -05, for
Construction of a Total of 318 Single- Family Detached
Residential Units within Specific Plan No. 95 -02,
Located Approximately One -Half Mile North of the
Northerly Terminus of Spring Road and Three - Fourths of
One Mile East of Walnut Canyon Road on the Application
of Pardee Homes. (continued open public hearing from
June 2, 2004) Staff Recommendation: 1) Take public
testimony, and close the public hearing; 2) Adopt
Resolution No. 2004 -2212, approving an Amendment to
Specific Plan No. 95 -02; 3) Introduce Ordinance No.
302, for first reading to approve Zoning Ordinance
Amendment No. 2002 -02, and schedule second reading and
adoption for July 21, 2004; and 4) Adopt Resolution
No. 2004 -2213, approving Residential Planned
4302 F,9
Minutes of the City Council
Moorpark, California Page 4 July 7, 2004
Development Permit Nos. 2002 -03, 2002 -04, and 2002 -05,
subject to Conditions of Approval.
Mr. Hogan gave the staff report.
In response to Mayor Hunter, Mr. Hogan stated the
standard setback is 20 -feet; the change proposed for
the front yard setback allows a 15 -foot setback for
the living quarters when they are located closer to
the street than the garage door; the garage is not
being moved closer to the street; these homes are
being restricted to single- story; and from the curb
face to the 15 -foot setback is an additional 10 -feet.
Mayor Hunter stated this is a continued public
hearing.
In response to Councilmember Parvin, Jim Bizzelle,
26650 The Old Road, Valencia, California, stated the
air conditioning units are usually located along a
"dead wall ", which is usually not near the patio;
there are various materials that could be used to
attenuate the air conditioning sound; newer air
conditioning units generate substantially less noise;
and they will take this concern into consideration.
He stated he is available to answer any additional
questions regarding the Residential Planned
Development.
Mayor Hunter closed the public hearing.
Councilmember Millhouse stated staff has taken into
consideration the issues raised at the last meeting;
even though the Council would like to see the largest
lots with the widest setbacks possible, economic
realities have to be considered; this project is
approved for this area; and in return the City is
getting open space, parkways and trails.
MOTION: Councilmember Millhouse moved and Councilmember
Harper seconded a motion to adopt Resolution No. 2004 -2212,
approving an Amendment to Specific Plan No. 95 -02.
Mayor Hunter stated there is a need to maintain
previously adopted and established setback standards.
He expressed concerns regarding smaller front yard
setbacks, as the closer the units are moved to the
000 250
Minutes of the City Council
Moorpark, California Page 5 July 7, 2004
street, the more prominent they become, regardless of
any off - setting benefits.
In response to Councilmember Mikos, Mr. Kueny stated
the benefits mentioned by Councilmember Millhouse,
which have been added since the original proposal, are
an increase of open space to the habitat area and a
reduction to the number of units guaranteed under the
Development Agreement.
In response to Councilmember Mikos and Mayor Hunter,
Mr. Hogan stated 21 units in Planning Area 1 have the
15 -foot front yard setback; and a similar approach was
used with the larger lots in the Serenada and Fiesta
Tracts, which have only curb and sidewalk, while this
development has curb, parkway and then a sidewalk in
addition to the 15 -foot front yard setback.
The motion carried by voice vote 3 -2, with Councilmember
Mikos and Mayor Hunter dissenting.
MOTION: Councilmember Harper moved and Councilmember
Parvin seconded a motion to adopt Resolution No. 2004 -2213,
approving Residential Planned Development Permit Nos. 2002-
03, 2002 -04, and 2002 -05, subject to conditions of
approval. The motion carried by unanimous voice vote.
Mr. Montes read the title of Ordinance No. 302.
MOTION: Councilmember Harper moved and Councilmember
Parvin seconded a motion to waive further reading and
introduce Ordinance No. 302, for first reading; and
schedule second reading and adoption for July 21, 2004.
The motion carried by voice vote 4 -1, with Councilmember
Mikos dissenting.
Councilmember Harper stated many are concerned with
the trend for larger homes on smaller lots with zero
lot lines; and Council may want to revisit this issue
as a future agenda item after consideration by the
Planning Commission.
Mayor Hunter requested staff consider a Resolution for
the July 21st agenda requesting the Planning
Commission study this issue.
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Minutes of the City Council
Moorpark, California Paqe 6 Julv 7, 2004
B. Consider Zoning Ordinance Amendment No. 2004 -04: An
Amendment to Chapter 17.12 (Establishment of Zones,
Boundaries, and Maps), Chapter 17.20 (Uses by Zone)
and Chapter 17.44 (Entitlement - Process and
Procedures) of the Moorpark Municipal Code Related to
Entitlement Review Requirements for Certain Uses.
Staff Recommendation: 1) Open the public hearing,
take public testimony, and close the public hearing;
and 2) Introduce Ordinance No. for first reading,
approving Zoning Ordinance Amendment No. 2004 -04, and
schedule second reading and adoption for July 21,
2004.
Mr. Bobardt recommended continuing this item to July
21, 2004.
Mayor Hunter opened the public hearing.
In response to Mayor Hunter, Ms. Traffenstedt stated
there were no speakers.
Mayor Hunter suggested since there were no speakers,
the staff presentation should be deferred to July 21,
2004.
MOTION: Councilmember Mikos moved and Councilmember Harper
seconded a motion to continue this item with public hearing
open to July 21, 2004. The motion carried by unanimous
voice vote.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Resolution Establishing Landscape Design
Standards and Guidelines. (continued from June 2,
2004) Staff Recommendation: Adopt Resolution No.
2004-
Mr. Hogan gave the staff report.
In response to Councilmember Mikos, Mr. Kueny stated
there should be three entries showing the formulas for
planting, one for front yard trees (whether public or
privately owned), one for parkway trees and one for
curbside trees.
In response to Councilmember Mikos, Mr. Hogan stated
the document is intended for use by professional
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Minutes of the City Council
Moorpark, California Paae 7
landscape architects working
reference can be made available
for homeowners to refer to this
of information.
Julv 7, 2004
with developers; and
on the City's website
document as a source
Councilmember Mikos stated she was surprised the
various recommended plant lists did not show certain
common native plants such as the California Walnut;
and a number of local plants species are also not on
the list, such as the Scrub Oak, Mountain Mahogany,
and the California Buckwheat. She asked if there
could be some leeway to allow additional comments to
the document even after it is approved. Councilmember
Mikos stated she has a problem with species listed on
the Invasive and Prohibited Plant List also being
included on the Recommended Street Tree List.
Councilmember Millhouse stated this is a recommended
list; the City reserves the right to approve or reject
the list; Council could move forward with the
standards and guidelines; and Councilmember Mikos
could bring back a list of plants to be added or
deleted from the tree list at a future time.
Jeremy Laurentowski, consultant from Professional
Design Inc., 250 Shasta Avenue, Moorpark, stated the
list was derived from Ventura County Guidelines, which
the City generally adopted as a standard.
In response to Councilmember Mikos' concern that the
message sent is one that invasive street trees are
appropriate, Mr. Laurentowski stated there are
isolated instances where certain plants are useful;
and trees appropriate for the front yards of private
homes are addressed on page 53 of the document.
In response to Councilmember Harper, Mr. Laurentowski
stated he would look at the Ventura County list to see
if the highly invasive Chinese Flame tree is included.
In response to Councilmember Parvin's concern that
developers be considerate of homes higher up on
hillsides and the planting of trees in adjacent yards,
which when fully grown will obscure views, Mr.
Laurentowski stated the intent of the diagram on page
175 in conjunction with page 176 is to show planting
of trees to preserve view on slopes.
0002
Minutes of the City Council
Moorpark, California Page 8 Julv 7, 2004
Mr. Hogan stated a note can be added to these pages by
the consultant to identify species of trees to be
planted on slopes.
Councilmember Millhouse stated both Councilmembers
Mikos and Parvin have raised good points, but these
are guidelines; the developer's plans will be studied
by staff and the landscape architect to identify any
inappropriate species and locations for planting of
trees.
In response to Councilmember Mikos, Mr. Hogan
recommended approving the guidelines now and bringing
back another tree list for approval as a Consent item.
Mr. Kueny stated that method would require creation of
an additional resolution and it would be better to
bring the entire item back as a Consent item after
staff has amended the list per Council comments.
In response to Councilmember Harper, Mr. Montes stated
adopting a resolution now, with a provision to allow
the Community Development Director to modify the list
later, would undermine the intent of the guidelines by
deferring the decision on the trees.
MOTION: Councilmember Millhouse moved and Councilmember
Harper seconded a motion to revise the tree list and bring
the resolution back for adoption on Consent. The motion
carried by unanimous voice vote.
CONSENSUS: It was the consensus of the Council to exclude
invasive plant species from the accepted tree list.
AT THIS POINT in the meeting, Mr. Kueny requested Item 9.B. be
heard last under Presentation /Action /Discussion.
CONSENSUS: It was the consensus of the Council to hear
Item 9.B. last under Presentation /Action /Discussion.
C. Consider Appointment of Ventura County Area Agency on
Aging Representative and Alternate Representative.
Staff Recommendation: Ratify the election results
from June 21, 2004, and appoint Anthony Bellasalma as
the City's representative to VCAAA and appoint Floyd
Rhoades as the alternate, both to serve a two -year
000 X5'4
Minutes of the City Council
Moorpark, California Paqe 9 Julv 7, 2004
term from July 1, 2004 through June 30, 2006; and
authorize the City Clerk to send a certification
letter on behalf of the City Council to the Director
of the Ventura County Area Agency on Aging.
Ms. Traffenstedt gave the staff report.
In response to Mayor Hunter, Ms. Traffenstedt stated
there were no speakers.
MOTION: Councilmember Mikos moved and Councilmember Parvin
seconded a motion to ratify the election results from June
21, 2004, and appoint Anthony Bellasalma as the City's
representative to VCAAA and appoint Floyd Rhoades as the
alternate, both to serve a two -year term from July 1, 2004
through June 30, 2006; and authorize the City Clerk to send
a certification letter on behalf of the City Council to the
Director of the Ventura County Area Agency on Aging. The
motion carried by unanimous voice vote.
D. Consider Action to Change the Name of the Los Angeles
Avenue Located East of Collins Drive. Staff
Recommendation: Direct staff
meeting to consider changing the
street segment to Arroyo Drive.
to schedule a public
name for the subject
Mr. Gilbert gave the staff report.
In response to Councilmember Mikos, Mr. Gilbert stated
the Transportation and Streets Committee did not know
the fire department objected to the selected name; in
his opinion the street name duplication is not a
problem since the other streets are in the City of
Thousand Oaks; and the only difficulty in renaming New
Los Angeles Avenue to Los Angeles Avenue would be the
effect on businesses and residents.
In response to Councilmember Parvin, Captain Diaz
stated the Moorpark Police Department uses a geo -based
system, which would print out the street location; the
Thomas Brothers Guide is also used for street
location; and the fire department uses a similar
approach.
Mayor Hunter stated he did not have discomfort
changing the name, as it will help clear up the
confusion over duplication of Los Angeles Avenue.
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Moorpark, California PaQe 10
Julv 7, 2004
In response to Mayor Hunter, Mr. Gilbert stated code
does not require a public hearing; a letter would be
sent to businesses, residents and homeowner
associations for distribution to all members, all
public agencies, and response agencies; and a
resolution could be scheduled for adoption in
September as a Presentation /Action /Discussion item.
In response to Mayor Hunter, Ms. Traffenstedt stated
there were no speakers.
MOTION: Councilmember Parvin moved and Councilmember
Harper seconded a motion to direct staff to schedule a
public meeting to consider changing the name for the
subject street segment to Arroyo Drive. The motion carried
by unanimous voice vote.
E. Consider an Ordinance Amending Chapter 5.06 of the
Moorpark Municipal Code Regulating Cable Television
Systems. Staff Recommendation: Introduce Ordinance
No. for first reading.
Mr. Riley requested this item be continued to the July
21st agenda.
In response to Mayor Hunter, Ms. Traffenstedt stated
there were no speakers.
MOTION: Councilmember Harper moved and Councilmember
Millhouse seconded a motion to continue this item to July
21, 2004. The motion carried by unanimous voice vote.
F. Consider Approval of an Implementation Plan for the
Improvements of Vesting Tentative Tract No. 5187
(William Lyon Homes). Staff Recommendation: Approve
the implementation plan for improvements to Vesting
Tentative Tract No. 5187, subject to final language
revisions by the City Manager and City Attorney.
Mr. Hogan gave the staff report
In response to Councilmember Mikos, Mr. Hogan stated
this cannot be assigned to more than one entity since
this uses the concept of a master builder; and Tract
5405 is not part of this action, since only Vesting
()00296
Minutes of the City Council
Moorpark, California Paae 11
July 7, 2004
Tentative Tract No. 5187 is subject to the Development
Agreement.
Mr. Kueny stated it would not hurt to add Tract 5405.
MOTION: Councilmember Harper moved
Parvin seconded a motion to approve the
for improvements to Vesting Tentative
amended to add Tract 5405, subject
revisions by the City Manager and C
motion carried by unanimous voice vote.
and Councilmember
implementation plan
Tract No. 5187, as
to final language
ity Attorney. The
G. Consider Report of Annual Review and Request for
Amendment of Development Agreement Established in
Connection with a 35 Acre, Detached Single Family
Residential Unit Project Located on the South Side of
Los Angeles Avenue, West of Leta Yancy Road (Formerly
Liberty Bell Road) (Tract 5053, Pacific Communities)
Staff Recommendation: 1) Accept the Community
Development Director's Report and recommendation that,
on the basis of substantial evidence, Pacific
Communities has complied in good faith with the terms
and conditions of the agreement; 2) Deem the annual
review process complete; and 3) Direct staff to meet
with Pacific Communities concerning potential language
changes and to set a public hearing for the Planning
Commission to consider the draft First Amendment to
Development Agreement and provide a recommendation to
the City Council.
Mr. Hogan gave the staff report.
David Chambers, representing Pacific Communities, 1000
Dove Street, Suite 100, Newport Beach, California,
stated he is available for questions and concurs with
staff's recommendations.
MOTION: Councilmember Millhouse moved and Councilmember
Parvin seconded a motion to: 1) Accept the Community
Development Director's Report and recommendation that, on
the basis of substantial evidence, Pacific Communities has
complied in good faith with the terms and conditions of the
agreement; 2) Deem the annual review process complete; and
3) Direct staff to meet with Pacific Communities concerning
potential language changes and to set a public hearing for
the Planning Commission to consider the draft First
Amendment to Development Agreement and provide a
D00297
Minutes of the City Council
Moorpark, California Paae 12
Julv 7, 2004
recommendation to the City Council. The motion carried by
unanimous voice vote.
H. Consider Reinstating an Agreement Between the City and
Caltrans Pertaining to City Maintenance of State
Highways within the City. Staff Recommendation: 1)
Authorize the Mayor to send a letter to Caltrans
approving the reinstatement of the 1985 Agreement
effective August 1, 2004, said letter to include the
clarifying and qualifying language set forth in the
agenda report; 2) Direct staff to re- establish
negotiations with Caltrans for the purpose of
developing a new mutually acceptable Agreement related
to the City maintenance of State Highways, with terms
and conditions consistent with the requirements set
forth in the Mayor's letter and with final language to
be approved by the City Attorney and City Manager; and
3) Authorize the Mayor to sign said Agreement if and
when successful negotiations have been completed.
Mr. Gilbert gave the staff report.
In response to Council questions, Mr. Gilbert stated
the alternative would be to let Caltrans sweep their
own streets; and the Agreement has not been presented
for review.
In response to Mayor Hunter, Ms. Traffenstedt stated
there were no speakers.
Councilmember Millhouse offered to work with the
Caltrans bureaucracy.
MOTION: Councilmember Millhouse moved and Councilmember
Harper seconded a motion to: 1) Authorize the Mayor to
send a letter to Caltrans approving the reinstatement of
the 1985 Agreement effective August 1, 2004, said letter to
include the clarifying and qualifying language set forth in
the agenda report; 2) Direct staff to re- establish
negotiations with Caltrans for the purpose of developing a
new mutually acceptable agreement related to the City
maintenance of state highways, with terms and conditions
consistent with the requirements set forth in the Mayor's
letter and with final language to be approved by the City
Attorney and City Manager; and 3) Authorize the Mayor to
sign said Agreement, if and when successful negotiations
have been completed. The motion carried by unanimous voice
0100298
Minutes of the City Council
Moorpark, California Paae 13
I. Consider a Name for the Undevelop
of Magnolia and Charles Streets.
Approve the name of Magnolia Park.
Ms. Lindley gave the staff report.
Julv 7, 2004
ed Park on the Corner
Staff Recommendation:
In response to Mayor Hunter, Ms. Traffenstedt stated
there were no speakers.
MOTION: Mayor Hunter moved and Councilmember Harper
seconded a motion to approve the name of Magnolia Park.
The motion carried by unanimous voice vote.
AT THIS POINT in the meeting, Item 9.B. was heard.
9. B. Consider Mission Statement, Priorities, Goals and
Objectives for Fiscal Year 2004/2005. (continued from
June 16, 2004) Staff Recommendation: Consider the
priorities, goals and objectives. (Staff: Steven
Kueny)
Mr. Kueny gave the staff report.
In response to Councilmember Harper's request that the
landscaping project along Highway 118 through the City
be considered at the same time as the potential
pedestrian over - crossing, Mr. Kueny stated the over -
crossing is listed as a separate Item 20. on stamped
pg. 181 of the Potential List, since it will be
pursued separately; a raised median would be needed to
support a pedestrian over - crossing; however, it could
be moved into the other list.
Councilmember Harper stated it is reasonable to
include the over - crossing in the design process with
the median landscaping project, since the two projects
will affect each other.
CONSENSUS: It was the consensus of the Council to include
the pedestrian over - crossing at the same time as the
landscaping project along Highway 118 through the City.
In response to Councilmember Millhouse's request to
move the bypass for gravel trucks to the Top 10
Priority list to possibly replace No. 5, which is
going to take 10 years, Mr. Kueny stated it is listed
0
Minutes of the City Council
Moorpark, California Page 14 July 7, 2004
as No. 15 under Departmental Goal and Objective C.,
since the first step is the preparation of the
environmental document; and he suggested modifying the
language of Top 10 Priority No. 6. on stamped page 184
to reference that portion of the roadway.
CONSENSUS: It was the consensus of Council to add language
to Top Ten Priority No. 6. to include the development of an
alternate route for north /south bound truck traffic through
the city of Moorpark.
In response to Councilmember Millhouse's concern that
staff is spread too thin to consider 29 Potential
Objectives, Mr. Kueny stated these are items staff
does not work on actively; however, the list provides
the Council items for their consideration.
A discussion followed among the Councilmembers to
determine which of the Objectives should remain.
Councilmember Mikos stated No. 1 should be moved to
the general list and considered in a formal survey
with tracking of complaints.
Councilmember Harper stated No. 4. should be added to
the Goals and Objectives as a potential source of
revenue with staff looking at it as a franchise fee;
and No. 7. should remain, as the community has matured
enough to install winter holiday decorations.
In response to Mayor Hunter, Mr. Kueny stated No. 7.
has not been included in the budget.
CONSENSUS: It was the consensus of the Council to remove
Potential Objectives Nos. 10. and 11., move Nos., 12. and
25. to the Parks and Recreation Commission; relocate No.
20. to the Departmental Goals and Objectives list; and
retain the remaining Potential Objectives.
Councilmember Parvin stated the installation of a stop
sign for Los Angeles Avenue at Arroyo Drive entrance
should be agendized for consideration by the
Transportation and Streets Committee.
In response to Mayor Hunter, Mr. Kueny stated the
verbiage, "future utilization and focus" used on
stamped page 192 for No. 14. represents the concern
000300
Minutes of the City Council
Moorpark, California Paae 15
Julv 7, 2004
expressed two years ago in regard to the rising costs
of the Sheriff's contract; and if Council so desires,
this could be referred to the Budget and Finance
Committee to monitor and make a recommendation.
Councilmember Harper stated the expense involved for
police activities is over half of the budget and
recommended keeping No. 14. as is; however, the
sentence should be truncated by putting a period after
the word "resources ".
CONSENSUS: It was the consensus of the Council to modify
the sentence for No. 14. to end after the word "resources ".
In response to Councilmember Parvin, Mr. Kueny and Mr.
Montes stated a Volunteer Section listing charitable
or non - profit organizations should not be included on
the City's new webpage since, if these organizations
are allowed, there would be no provision for excluding
any other entities from posting to the webpage.
Councilmember Mikos requested staff include
accessibility for the disabled in the next webpage
upgrade.
In response to Councilmember Parvin, Mr. Hogan stated
in regard to No. 12. on stamped page 195, staff has
met with the Ventura County Fire Protection District
to modify the distance for fuel modification zones;
there is a problem with maintenance of the existing
areas such as those in the Carlsberg development; and
for new developments, the buffer zones will be
included in the Homeowners Association's maintenance
obligations and not the responsibility of the
individual property owner.
Councilmember Parvin stated in regard to stamped page
191, Goal F., she would like to see a schedule
comparing Plan and Inspection Deposits to total fees
collected. She would also like consideration of the
efficiency of hiring a person to conduct all Plan
Checks rather than outsourcing the work.
In response to Councilmember Mikos,
the City is in negotiations with a
to formalize a contract for offers
Mr. Gilbert stated
right -of -way agent
to various owners
000301_
Minutes of the City Council
Moorpark, California Paae 16
Julv 7, 2004
along east Los Angeles Avenue to implement widening in
that location.
In response to Mayor Hunter, Mr. Gilbert stated the
current cost estimate at build -out is $4 -5 million.
In response to Mayor Hunter Ms. Traffenstedt stated
there were no speakers.
MOTION: Councilmember Mikos moved and Councilmember Harper
seconded a motion to adopt the Mission Statement,
Priorities, Goals and Objectives for Fiscal Year 2004/2005,
as amended. The motion carried by unanimous voice vote.
10. CONSENT CALENDAR:
Councilmember Mikos requested Item 10.I. be pulled for
individual consideration.
Councilmember Millhouse requested Item 10.C. be pulled for
individual consideration.
Mayor Hunter stated the Council had previously agreed to
pull Items 10.F., 10.Q., 10.R., and 10.T., and Item 10.J.
was heard earlier in the meeting.
MOTION: Councilmember Parvin
seconded a motion to approve
exception of Items 10.C., 10.F.
10.T., which were pulled for
10.J. was heard earlier in the
unanimous roll call vote.
moved and Councilmember Harper
the Consent Calendar with the
10.I., 10.J., 10.Q., 10.R., and
individual consideration. Item
meeting. The motion carried by
A. Consider Approval of Minutes of Regular Meeting of May
5, 2004.
Consider Approval of Minutes of Special Meeting of May
26, 2004.
Consider Approval of Minutes of Special Meeting of
June 2, 2004.
Consider Approval of Minutes of Special Meeting of
June 9, 2004.
Consider Approval of Minutes of Special Meeting of
June 16, 2004.
000302
Minutes of the City Council
Moorpark, California Paae 17
Staff Recommendation: Approve the minutes.
Julv 7, 2004
B. Consider Approval of Warrant Register for Fiscal Year
2003 -2004 - July 7, 2004.
Manual Warrants
116439 -
116440 &
$
33,004.88
116433
$
15,913.75
Voided Warrant
114373 &
114540 &
$
(5,420.63)
114647 &
116009 &
116466 -
116467
Payroll Liability
116434 -
116438
$
2,645.28
Warrants
Regular Warrants 116442 - 116616 $2,447,464.60
Staff Recommendation: Approve the warrant register.
D. Consider Resolution Determining and Levying the
Special Tax in Community Facilities District (CFD) No.
97 -1 for Fiscal Year 2004/05. Staff Recommendation:
Adopt Resolution No. 2004 -2214 to levy the special
taxes in CFD 97 -1 for the 2004/05 fiscal year, as
shown in the agenda report.
E. Consider Resolution Determining and Levying the
Special Assessment for Assessment District (CFD) No.
92 -1 for Fiscal Year 2004/05. Staff Recommendation:
Adopt Resolution No. 2004 -2215 to levy the special
assessments for parcels in AD 92 -1 for the 2004/05
fiscal year, as shown in the agenda report.
G. Consider Personal Care Attendants on Moorpark City
Transit Fixed Route. Staff Recommendation: Establish
a policy that allows Personal Care Attendants (PCAs)
accompanying an ADA qualified rider on Moorpark City
Transit fixed route, to ride the bus at no charge.
H. Consider Amendment to Agreement for Services with the
Moorpark Chamber of Commerce. Staff Recommendation:
Approve Amendment to the Agreement for Services with
the Moorpark Chamber of Commerce subject to final
language approval by the City Manager and City
Attorney.
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Minutes of the City Council
Moorpark, California Paae 18
Julv 7, 2004
K. Consider Bond Reduction for Tract 4980 (Western
Pacific). Staff Recommendation: 1) Authorize the
City Clerk to reduce sureties #SD00100545,
#SD00100546, and #SD00100543 to 100; and 2) Authorize
the City Clerk to fully exonerate sureties for Tract
4980 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.
L. Consider Approval of Selection of Consultant to
Prepare a Preliminary Design Report for the North
Hills Parkway Improvement Project and Adoption of a
Resolution Amending the Fiscal Year 2004/05 Budget to
Fund the Work. Staff Recommendation: Approve the
selection of Parsons to prepare the subject report,
authorize the Mayor to sign an agreement subject to
final language approval by the City Manager and City
Attorney, and adopt Resolution No. 2004 -2216,
appropriating $300,000 from the Citywide Traffic
Mitigation Fund. ROLL CALL VOTE REQUIRED
M. Consider Rescinding Ad Hoc Committee for Cardservice
International. Staff Recommendation: Rescind Ad Hoc
Committee for Cardservice International.
N. Consider Authorizing Staff to Seek Proposals for a New
Five -Year Service Contract for Traffic Signal
Maintenance. Staff Recommendation: Authorize staff
to seek proposals for a five -year Traffic Signal
Maintenance contract.
0. Consider Authorization of Recordation of the Notice of
Completion for the Villa Campesina Park Improvement
Project. Staff Recommendation: Authorize the City
Clerk to file the Notice of Completion for the project
and authorize the release of the balance of payment,
due upon satisfactory clearance, thirty -five (35) days
after Notice of Completion records, release bonds in
accordance with the contract, and completion of
closeout contractual obligations on the part of the
contractor.
P. Consider Awarding a Contract for the Spring Road
Parkway Tree Replacement Project (Project 8054) and
the Adoption of a Resolution Amending the Fiscal Year
2004/05 Budget to Fully Fund the Project. Staff
Recommendation: 1) Approve the award of a
Minutes of the City Council
Moorpark, California Page 19 July 7, 2004
construction contract to M &R Landscaping for the
construction of the subject project; and 2) Adopt
Resolution No. 2004 -2217, amending the FY 2004/05
Budget for this project. ROLL CALL VOTE REQUIRED
S. Consider Approval of Resolution Adopting a Revised
Benefit Program for Management Employees and
Rescinding Resolution No. 2004 -2161. Staff
Recommendation: Adopt Resolution No. 2004 -2218.
The following items were pulled for individual consideration.
C. Consider Award of Agreement for Food and Beverage
Vending Machine Services. Staff Recommendation: Award
an agreement to Glendale Amusements for food and
beverage vending machine services and authorize the
City Manager to sign the agreement on behalf of the
City.
Councilmember Millhouse requested staff make sure not
to put junk food in the machines in order to help
children establish good eating habits.
MOTION: Councilmember Millhouse moved and Councilmember
Parvin seconded a motion to award an agreement to Glendale
Amusements for food and beverage vending machine services
and authorize the City Manager to sign the agreement on
behalf of the City, with direction to staff to ensure
nutritious snacks are predominant. The motion carried by
unanimous voice vote.
F. Consider Resolutions for Interim Extension of Cable
Television Franchise. Staff Recommendation: Adopt
Resolutions Nos. 2004- and 2004- extending
Cable Television Franchise Agreements with Adelphia
Communications Corporation until September 1, 2004.
Mr. Riley requested this item be continued to July
21st.
MOTION: Councilmember Harper moved and Councilmember
Parvin seconded a motion to continue this item to July 21,
2004. The motion carried by unanimous voice vote.
I. Consider Awarding a Contract to Thomsen Landscape for
the Construction of the Metrolink Landscape
Improvement Project. Staff Recommendation: Award the
000305
Minutes of the City Council
Moorpark, California Page 20 July 7, 2004
Metrolink Landscape Improvement construction contract
to Thomsen Landscape and authorize the Mayor to
execute said contract
Councilmember Mikos stated she had this item pulled to
request the landscape consultant find replacement
species for the African Sumac and the Acacia trees, as
they are two prohibited plants on the tree list; and
the remainder of the landscape plan is beautiful.
MOTION: Councilmember Millhouse
Parvin seconded a motion to award
Improvement construction contract
authorize the Mayor to execute s�
the substitution of the African
species. The motion carried by una
moved and Councilmember
the Metrolink Landscape
;o Thomsen Landscape and
id contract, subject to
Sumac and the Acacia
iimous voice vote.
Mr. Kueny recommended Council consider Items 10.Q.,
10.R. and 10.T. together.
CONSENSUS: It was the consensus of Council to consider
Items 10.Q., 10.R. and 10.T. together.
Q. Consider Memorandum of Agreement (MOA) with Service
Employees International Union AFL -CIO, CLC Local 998.
Staff Recommendation: Authorize approval of a new
one -year MOA for the time period from July 1, 2004,
through June 30, 2005, and authorize the City Manager
to sign the new MOA following final language approval
by the City Manager and City Attorney.
R. Consider Resolution Amending Personnel Rules and
Regulations for the Positions in the Competitive
Service and Rescinding Resolution No. 2002 -2000.
Staff Recommendation: Adopt Resolution No. 2004- ,
subject to final language changes approved by the City
Manager and City Attorney.
T. Consider Resolution Amending the Salary Plan for
Competitive Service, Non - Competitive Service, and
Hourly Employees and Rescinding Resolution No. 2003-
2108. Staff Recommendation: Adopt Resolution No.
2004-
Mr. Kueny requested these items be continued to a
future agenda.
fj(s
Minutes of the City Council
Moorpark, California Paae 21
Julv 7, 2004
MOTION: Councilmember Millhouse moved and Councilmember
Parvin seconded a motion to continue Items 10.Q., 10.R. and
10.T to a future agenda. The motion carried by unanimous
voice vote.
11. ORDINANCES:
None.
12. CLOSED SESSION:
Mr. Kueny requested the Council go into closed session for
Items 12.B., 12.C., 12.E., and 12.G. on the agenda.
MOTION: Councilmember Harper moved and Councilmember Parvin
seconded a motion to adjourn to closed session for a discussion
of Items 12.B., 12.C. and 12.E. on the agenda. The motion
carried by unanimous voice vote. The time was 9:18 p.m.
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c)
of Section 54956.9 of the Government Code: (Number of
cases to be discussed - 4)
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Subdivision (a) of Section 54956.9 of the
Government Code)
The Committee to Preserve Historic High Street, an
unincorporated association, and Cynthia Hollister vs.
City of Moorpark and Moorpark City Council (Case No.
SC037584)
E. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Section 54957.6 of the Government Code)
Agency Designated Representative: Steven Kueny
Employee Organization: Service Employees International
Union, AFL -CIO, CLC, Local 998
G. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Subdivision (b) of Section 54957 of the
Government Code)
Title: Assistant City Manager, Assistant to City
Manager /City Clerk, City Manager, City Attorney, City
Engineer, Chief of Police, Administrative Services
Director, Community Development Director, Community
Services Director, and Public Works Director
000307
Minutes of the City Council
Moorpark, California Page 22 July 7, 2004
The City Council reconvened into closed session at 9:27
p.m. 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; Barry Hogan, Community Development
Director; and Deborah Traffenstedt, Assistant to City
Manager /City Clerk.
The Council reconvened into open session at 10:12 p.m. Mr.
Kueny stated three cases under Item 12.B., and Items 12.C.,
12.E., and 12.G. were discussed and there was no action to
report.
13. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 10:12 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
MINUTES OF THE CITY COUNCIL
Moorpark, California September 8, 2004
A Special Meeting of the City Council of the City of Moorpark
was held on September 8, 2004, in the Community Center of said
City located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Hunter called the meeting to order at 7:02 p.m.
2. ROLL CALL:
Present: Councilmembers Harper, Mikos, Millhouse,
Parvin, and Mayor Hunter.
Staff Present: Steven Kueny, City Manager; Joseph Montes,
City Attorney (via conference call); Mary
Lindley, Community Services Director; and
Deborah Traffenstedt, Assistant to City
Manager /City Clerk.
3. PUBLIC COMMENT:
None.
4. CLOSED SESSION:
Mr. Kueny requested that the City Council go into closed
session for Item 4.D. on the agenda.
MOTION: Councilmember Harper moved and Councilmember Millhouse
seconded a motion to adjourn to closed session for a discussion
of Item 4.D. on the agenda. The motion carried by unanimous
voice vote. The time was 7:03 p.m.
D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Subdivision (a) of Section 54956.9 of the
Government Code)
William L. Whitaker, III and James Dale Whitaker vs.
City Council of the City of Moorpark, et al (Case No.
SC03803)
Present in closed session were Councilmembers Harper,
Mikos, Millhouse, Parvin, and Mayor Hunter; Steven Kueny,
City Manager; Joseph Montes, City Attorney (via conference
000309
Minutes of the City Council
Moorpark, California Paqe 2 September 8, 2004
call); Mary Lindley, Community Services Director; and
Deborah Traffenstedt® Assistant to City Manager /City Clerk.
The Council reconvened into open session at 7:20 p.m. Mr.
Kueny stated that Item 4.D. was discussed and there was no
action to report.
5. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 7:20 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
o00310
MINUTES OF THE CITY COUNCIL
Moorpark, California September 15, 2004
A Special Meeting of the City Council of the City of Moorpark
was held on September 15, 2004, in the Community Center of said
City located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Hunter called the meeting to order at 6:45 p.m.
2. ROLL CALL:
Present: Councilmembers Harper, Mikos, Millhouse,
Parvin, and Mayor Hunter.
Staff Present: Steven Kueny, City Manager; Joseph Montes,
City Attorney; Hugh Riley, Assistant City
Manager; Kenneth Gilbert, Public Works
Director; Barry Hogan, Community Development
Director; Cynthia Borchard, Administrative
Services Director; Brad Miller, City
Engineer; and Deborah Traffenstedt,
Assistant to City Manager /City Clerk.
3. PUBLIC COMMENT:
None.
4. PRESENTATION /ACTION /DISCUSSION:
A. Consider an Ordinance Amending Sections 3.08.010 and
3.08.030 of the Municipal Code Establishing Informal
Bidding Procedures for Certain Public Projects. Staff
Recommendation: Introduce Ordinance No. 306 for first
reading.
Mr. Kueny stated that staff was available to answer
any questions.
In response to Mayor
there were no speakers.
Hunter, Ms. Traffenstedt stated
000311-
Minutes of the City Council
Moorpark, California Page 2 September 15, 2004
Mr. Montes read the title of Ordinance No. 306.
MOTION: Councilmember Millhouse moved and Councilmember
Parvin seconded a motion to waive full reading and
introduce Ordinance No. 306 for first reading. The motion
carried by unanimous voice vote.
B. Consider Grading Permits and Related Sureties for
Remedial Grading for Tract 4342 -6 (Verona), Tract
4142 -3 (Buttercreek I) and Tract 4142 -4 (Buttercreek
II). Staff Recommendation: Direct staff as deemed
appropriate.
Mr. Miller gave a verbal staff report and described
three landslide areas in the Mountain Meadows area and
the plan check status for the proposed remedial
grading and wall repair. He stated that his opinion
was that requiring a surety for the value of full
improvements was not needed, since no public
improvements are involved.
Mr. Kueny stated that staff would need to determine
whether there was any sidewalk damage from the
Buttercreek I landslide along Mountain Meadows Drive.
Discussion followed regarding the potential risk from
the three landslide areas and the reasons for the
delay with plan check submittals. Mr. Miller
suggested allowing staff the discretion to approve a
credit for plan check fees already paid for the
purpose of reviewing the revised plan check submittals
even if the deadline had expired.
In response to Mayor Hunter, Ms. Traffenstedt stated
there were no speakers.
CONSENSUS: By consensus, the City Council determined to
direct staff to: (1) Waive the normally required grading
permit surety bond for the proposed work on the Verona and
Buttercreek II slopes; 2) Consider the expired application
to be extended for repair of the Buttercreek I retaining
wall and slope, thereby allowing the previously deposited
plan check fees to be a credit toward the overall plan
check expenses, and resume plan check once the balance of
the revised plan check fee is paid; 3) The City Engineer to
exercise discretion in determining a surety bond amount for
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Minutes of the City Council
Moorpark, California Page 3 September 15, 2004
the Buttercreek I retaining wall repair that will be
sufficient to protect the public improvements; and 4)
Direct the City Engineer to use his discretion on the plan
check process so as to facilitate the repair of the three
landslides for Tract 4342 -6 (Verona), Tract 4142 -3
(Buttercreek I) and Tract 4142 -4 (Buttercreek II).
5. CLOSED SESSION:
None was held.
6. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 7:10 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
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