HomeMy WebLinkAboutMIN 1998 0204 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California February 4, 1998
A Regular Meeting of the City Council of the City of Moorpark was
held on February 4, 1998 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 7:35 p.m.
2. INVOCATION:
Senior Pastor Errol Hale, Shiloh Community Church, gave the
invocation.
3. PLEDGE OF ALLEGIANCE:
Ms. Lindley led the Pledge of Allegiance.
4. ROLL CALL:
Present: Councilmembers Evans, Perez, Teasley, Wozniak
and Mayor Hunter.
Staff Present: Steven Kueny, City Manager; Cheryl Kane, City
— Attorney; Ken Gilbert, Director of Public Works;
Mary Lindley, Director of Community Services;
Nelson Miller, Director of Community
Development; John Nowak, Assistant City Manager;
Captain Mike Lewis, Sheriff's Department;
Charles Abbott, City Engineer; Dirk Lovett,
Assistant City Engineer; Nancy Burns; Management
Analyst; Deborah Traffenstedt, City Clerk; and
Lisa Pope, Deputy City Clerk
5. PROCLAMATIONS AND COMMENDATIONS:
None.
6. PUBLIC COMMENT:
Tony Simen, 726 Nogales Avenue, discussed the proposed closure
of Monte Vista and Virginia Colony parks. He requested that the
Council leave his neighborhood park, Virginia Colony, open. He
suggested that the Council consider closing Peach Hill, Arroyo
Vista, Monte Vista and /or Tierra Rejada parks as a cost saving
measure.
Emily Jacalone, 4473 Cedarglen Court, and Jami Evans, 4430
Cedarglen Court, addressed the Council as representatives of the
Teen Council. They gave a report on the activities and projects
in which the Teen Council is involved.
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Moorpark, California Page 2 February 4, 1998
Gerald Goldstein, 11932 Los Angeles Avenue, discussed the City's
use of bottled water and requested that the Council look at the
programming available on the City of Thousand Oaks' cable
channel as a model for Moorpark's cable operation.
Michael Rue, 13522 Newport Avenue, Tustin, addressed the Council
regarding Item 11.I. on the Consent Calendar (Conditional Use
Permit 98 -1, Marketplace Properties). He urged the Council to
reject the resolution denying the conditional use permit and to
adopt a resolution of approval. He referenced a letter provided
to the City from the law offices of Harper and Burns regarding
the conditional use permit. He refuted the reference in the
staff report regarding the undue concentration of liquor stores
in the area of the proposed project. He said that in checking
with the Alcoholic Beverage Control Board, he was informed that
nine permits could be allowed in the census area and only two
were permitted at present. He stated that Rite -Aid's ability to
compete with similar stores depended upon the their being
allowed to sell alcoholic beverages.
Ms. Kane stated that the public hearing on the matter addressed
by Mr. Rue was closed on February 4. She said his comments will
not be part of the record with respect to the Council's
decision on this matter.
7. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
Mayor Hunter noted the reference made by Mr. Rue relative to a
letter received from the law offices of Harper and Burns. He
said it was the Council's determination that it is operating
under threat of litigation in this matter and will recess
immediately following the Presentations /Action /Discussion
portion of the agenda to adjourn to closed session for a
discussion of the closed session items listed on the agenda.
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Evans requested that a review of the City's
ability to enforce codes and violations within a mobilehome park
be placed on the agenda for Council discussion. He said he
particularly wants to address what can be done regarding the
code violations in the Moorpark Mobilehome Park.
Mayor Hunter announced that the City of Moorpark and the
_ Moorpark Kiwanis Club are seeking nominations for City of
Moorpark employees of the year. He said a full time and a part
time employee will be chosen.
9. PUBLIC HEARINGS:
None.
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Moorpark, California Page 3 February 4, 1998
10. PRESENTATIONS /ACTION /DISCUSSION:
A. Consider Appointment to the Planning Commission. Staff
Recommendation: Select a new Planning Commissioner to fill
the current vacancy for the term ending December 1998.
Councilmember Wozniak commended all those submitting
applications for the Planning Commission for their
willingness to serve.
NOMINATION: Mayor Hunter moved to nominate and Councilmember
Evans seconded the nomination of Mark DiCecco to fill the
unexpired Planning Commission term to end December 1998. The
motion carried by unanimous voice vote.
B. Consider Scheduling Special Citv Council Meetinas for New
Public Hearings Related to Hidden Creek Ranch Specific Plan
Project (Specific Plan No. 8 /Specific Plan No. SP -93 -1,
General Plan Amendment No. GPA -93 -1, and Zone Change No.
ZC- 93 -3), Applicant: Hidden Creek Ranch Partners. Staff
Recommendation: Direct staff as deemed appropriate.
Councilmember Teasley left the dais at 8:00 p.m. to avoid
the appearance of a possible conflict of interest.
Mr. Miller gave the staff report.
In response to Mayor Hunter, Mr. Kueny clarified that it
would be staff's intent to have the development agreement
provided to the Council approximately one month after the
start of the public hearings for the Hidden Creek Ranch
Specific Plan Project (General Plan Amendment, Zone change
and Specific Plan). He confirmed that consideration of the
development agreement would be accomplished at a separately
noticed public hearing.
CONSENSUS: By consensus, the Council determined to set March 25
as the first public hearing date and to determine additional
dates on March 25.
Councilmember Teasley returned to the dais at 8:07 p.m.
C. Consider Scope of Work for the Senior Center Expansion
Project and Award of Contract. Staff Recommendation: 1)
Approve the scope of the project as including the design of
two room additions as follows: approximately 1,170 square
feet (Project) and 360 square feet (Alternate B), the
design of office space, and any modifications to restrooms
or access points as may be necessary to conform to ADA
requirements; and 2) Award the contract for the design of
the Senior Center expansion to Meyer and Associates at a
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Moorpark, California Page 4
cost not to exceed
and authorize the
behalf of the City,
February 4, 1998
$26,020 for the Project and Alternate B,
City Manager to sign the contract on
Ms. Lindley gave the staff report.
Councilmember Evans said the Public Works, Facilities and
Solid Waste Committee agrees with the staff's
recommendation to consider expanding the Senior Center to
the south, towards the library (Alternate B) rather than to
enclose the breezeway in front of the Senior Center and
Citrus Room.
In response to Mayor Hunter, Ms. Lindley stated the cost of
the project would be funded from Community Development
Block Grant funds.
Mayor Hunter noted that as part of the scope of work, the
Senior Center Advisory Committee will be meeting with staff
and the contractor to make their needs known. He said he
felt this input from the Seniors to be important.
MOTION: Councilmember Teasley moved and Councilmember Evans
—' seconded a motion to approve the scope of the project as
presented including the design of two room additions as follows:
approximately 1,170 square feet (Project) and 360 square feet
(Alternate B), with the design of office space, and any
modifications to restrooms or access points as may be necessary
to conform to ADA requirements; and 2) Award the contract for
the design of the Senior Center expansion to Meyer and
Associates at a cost not to exceed $26,020 for the Project and
Alternate B, and authorize the City Manager to sign the contract
on behalf of the City. The motion carried by unanimous voice
vote.
D. Consider Revisions to Mobilehome Park Rent Stabilization
Ordinance. Staff Recommendation: 1) Introduce Ordinance
No. for first reading and accept public comment; and 2)
Direct staff as deemed appropriate regarding mobilehome
park physical conditions.
Ms. Kane indicated that she received a telephone call from
Robert Coldren, attorney for the owners of the Villa del
Arroyo Mobile Home Park, on Monday of this week, wherein he
stated that if the Council takes action to adopt the
proposed amendments to the ordinance, his client is
prepared to initiate litigation against the City. She
recommended hearing the staff report, receiving public
testimony but not acting upon the proposed amendments. She
advised continuing the item to the March 4 meeting.
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Moorpark, California Page 5 February 4, 1998
Ms. Burns gave the staff report. She summarized the terms
of the ordinance being presented to the Council as having
the following provisions:
1. The removal of the 4% threshold from the standard
space rent increase.
2. The requirement that a summary of the provisions of
the ordinance be provided to new and existing tenants.
3. Clarification of the following administrative
provisions: the ordinance to reference that a request
for rent increase must be submitted on city approved
forms; the ordinance to reference the payment of an
administrative fee to accompany a rent increase
application; a change in the language of the ordinance
to reflect that "Consumer Price Index" means the
percentage change in the Consumer Price Index; the
ordinance to reflect that a rent increase allowed at
change of occupancy, includes the same restrictions as
if the coach were physically moved.
Alice Rowan, 15750 Los Angeles Avenue, addressed the
Council and indicated that she believed the proposed
ordinance to be inadequate.
Wanda Hough, 83 West High Street #26, addressed the
Council. She indicated she had lived in the Moorpark
Mobile Home Park for 10 years during which she said there
has been no maintenance done. She discussed the inadequacy
of the electrical system. She said that since January 10,
when she began keeping a log, her lights have gone out 22
times. She asked the City to enact an ordinance similar to
the Simi Valley ordinance.
In response to Councilmember Teasley, Ms. Hough stated that
she has not taken her electrical concerns to a State agency
but is working with the Mobilehome ombudsman program.
In response to Councilmember Evans, Ms. Hough discussed the
problems with sewage spills and "overflowing" trash
dumpsters in the Park.
In response to Mayor Hunter, Ms. Hough stated the sewage
problem had occurred in 1997 and early 1996.
In response to Mayor Hunter, Mr. Kueny indicated that the
mobilehome park was required to contract for trash disposal
under the City's refuse ordinance. He indicated that the
frequency of trash collection would be investigated.
Sandra Trindel, 83 W. High Street #18, addressed the
Council regarding the lack of park maintenance at the
Moorpark Mobilehome Park. She indicated that residents of
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Moorpark, California Page 6
February 4, 1998
the Park are afraid to drink the water. She said they have
serious electrical problems. She asked that language be
included in the proposed ordinance that no increase be
given to a mobilehome park owner where the mobilehome park
is not properly maintained.
In response to Mayor Hunter, Ms. Trindel stated G.I Rubbish
collects the trash three times a week as of a "few" months
ago.
Richard Elias, 725 Brea Canyon Road, Suite 6, Walnut,
addressed the Council as representative of the Villa del
Arroyo Mobilehome Park. He indicated that the Park owner
and the City are close to a compromise which it is hoped
can be effectuated during the next 30 days so that the
present ordinance revisions will not go forward.
In response to Mayor Hunter, Mr. Elias said the Park owner
does favor decontrol of rents upon physical vacancy. He
stated the market should dictate what the cost of rents
should be.
Robert Coldren, Hart, King and Coldren, addressed the
-- Council as a representative of Villa Del Arroyo. He
indicated that he would defer his comments as this item is
being continued.
In response to Councilmember Teasley, Mr. Elias stated his
client is part owner of Simi Country Acres in Simi Valley.
In Young Kim, 23679 Calabasas Road, #304, Calabasas,
addressed the Council as owner of the Moorpark Mobilehome
Park for the last 8 years. He said his Park residents
exaggerate the maintenance problems. He said he was
working to correct the electrical problems. He said he is
awaiting a second bid and then will proceed with the
electrical repairs. He said the sewer problems that
occurred from the "riser to the trailer" were the
responsibility of the trailer owners not the park. He said
trash collection now occurs three times per week. He
stated street paving and slurry coating have been done.
In response to Mayor Hunter, Mr. Kim stated the second bid
on the electrical repair is expected within one week and
once the contractor is selected, the repairs would take two
days.
In response to Councilmember Evans, Mr. Kim stated that
approximately one third of the residents of the Park are
non English speaking.
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Moorpark, California Page 7 February 4, 1998
MOTION: Councilmember Wozniak moved and Mayor Hunter
seconded a motion to continue the item to March 4. The
motion carried by unanimous voice vote.
E. Consider Upgrade of Personnel Technician and Secretar
Positions and Status of Reorganization of Certain
Responsibilities. Staff Recommendation: Adopt City
Resolution 98 -1430 amending the City's Job Classification
Plan and adopt Resolution 98 -1431 amending the City's
Salary /Compensation Plan as presented in the report.
Mr. Kueny gave the staff report. He indicated that
Exhibit E (proposed resolution) should be amended to
reflect that "Deputy City Manager" should say "Assistant
City Manager "; that on page 45, "Senior Center Coordinator"
should say "Recreation Coordinator II" and that a
"Recreation Coordinator I" should be added at Range 47. He
indicated that these changes had previously been authorized
by the Council but inadvertently were not reflected in this
exhibit. Further, he said the staff recommendation should
include that the secretary position in the Administrative
Services Department be upgraded to an administrative
secretary position.
Councilmember Perez suggested establishing a Council
committee to meet with the City Manager and Department
Heads to look at staffing levels and staff duties as a
prelude to budget discussions.
MOTION: Councilmember Perez moved and Councilmember Evans
seconded a motion to approve Resolution 98 -1430 amending the
City's Job Classification Plan with the addition of the Human
Resources Analyst description; and Resolution 98 -1431, as
amended by Mr. Kueny above, amending the City's
Salary /Compensation Plan as presented in the staff report dated
January 26, 1998 and including the upgrade of the Administrative
Services Department Secretary to Administrative Secretary. The
motion carried by unanimous voice vote.
MOTION: Councilmember Perez moved and Councilmember Teasley
seconded a motion to approve appointing a Council Ad Hoc
Committee to do a comprehensive review of the organization
alternatives relative to staffing levels and duties.
Councilmember Evans said he felt the City Manager could
conduct the review without the need for an ad hoc
committee.
Mayor Hunter referred to page 7 of the staff report and
said he felt that part of the action taken this evening was
that the City's "Police Chief" was elevated to Director
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Moorpark, California Page 8
February 4, 1998
status with direct reporting responsibility to the City
Manager.
Councilmember Wozniak said he did not agree that the City
Manager should take over supervision of the law enforcement
contract. He said it had been the Council's determination
in the past that the City Manager should not be
overburdened with details but be allowed time for the
broader view.
Councilmember Perez stated that the proposed committee
could address the question of the law enforcement contract
supervision.
CONSENSUS: By Consensus, the Council determined not to change
the current supervision of the law enforcement contract.
Councilmember Teasley stated she was interested in serving
on the proposed committee.
Mayor Hunter said he felt another ad hoc committee would
only create more work for staff.
Councilmember Wozniak said he agreed.
VOTE ON THE MOTION: The motion failed by roll call vote 2 -3,
Councilmembers Evans, Wozniak and Mayor Hunter dissenting.
AT THIS POINT in the meeting, a recess was declared. The time
was 9:24 p.m. The Council reconvened at 9:44 p.m.
F. Recommendations for Expenditure and Revenue Options to the
City's Parks Maintenance Assessment District (AD 85 -1) .
Staff Recommendation: Consider the recommendations of the
Budget and Finance Committee and the City Manager and
direct staff as deemed appropriate.
Mr. Kueny gave the staff report.
Councilmember Wozniak discussed the recommendations of the
Budget & Finance Committee. He said these items are not
"cast in concrete" but provided for consideration.
Captain Lewis discussed the proposed elimination of the 8th
grade DARE officer. He indicated that the School District
had committed to increase financial support to one -half of
the 70% of the officers time for both DARE positions. He
stated the School District will assume full funding of the
Project Pride program and maintain it at the present level
of staffing into the next fiscal year. He indicated this
change to the City's funding of the Project Pride program
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Moorpark, California Page 9
February 4, 1998
would mean a savings this fiscal year of $10,000 and
$45,000 next year.
In response to Councilmember Perez, Captain Lewis stated
that the School District and students support the Project
Pride program and the program will most likely continue
into future years.
Mayor Hunter reviewed the Budget and Finance Committee /City
Manager recommendations as presented in the report.
Relative to the Recreation Celebration item in Community
Services ($5,020) and the July 3rd Fireworks ($11,000), he
said the Budget and Finance Committee was recommending that
a new program be created taking 50% of the funding for the
Recreation Celebration (and eliminating that title) and
combining it with the July 3" Fireworks item to create a
new "Community Celebration" for $13,510. He said the event
was envisioned to take place on Friday, July 3 at about
5 :00 p.m. at Arroyo Vista Community Park.
Councilmember Evans suggested continuing the City's
contribution to Project Pride.
Councilmember Perez discussed approaching the School
District regarding taking over Virginia Colony Park.
Councilmember Perez asked for a box item report regarding
the benefits of the LAN that would be lost if it was not
implemented.
Mr. Kueny said that the Budget and Finance Committee is
just beginning review of the revenue options. He said he
provided a number of options in his November 1997 memo to
the Council.
Councilmember Evans said he supported combining events. He
said the Chamber Directory is a valuable community
resource. He also said he thinks the DARE expense is a
great investment. He suggested looking at other parks for
closure. He suggested looking at Griffin Park to see if it
is viable. He said the voters did not want an assessment
to maintain parks so cuts should come from parks.
Councilmember Perez said at this point he did not support
eliminating the Assistant to the City Manager position.
Councilmember Teasley said she did not support eliminating
the Chamber Directory as it is an important Economic
Development "piece ". She said she would not support
eliminating the senior games or special filming projects.
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Moorpark, California Page 10
February 4, 1998
Lori McGee, 6590 B Marquette, addressed the Council as a
representative of the Chamber of Commerce. She requested
that the City not eliminate their participation in
production of the Chamber Directory. She said it is one of
the only economic development tools available in the City.
Dave Badoud, 4140 Pine Hollow, said he was appearing as an
individual and not representing the Parks and Recreation
Commission. He requested that some of the items scheduled
for expenditure reductions in the Community Services
Department be deferred to the Parks and Recreation
Commission for review. He said the Commission could look at
revenue producing programs /opportunities at the parks and
provide a summary to the Council.
Councilmember Teasley requested further discussion with the
School District prior to a decision on closure of Virginia
Colony Park.
CONSENSUS: By consensus, the Council determined to leave Monte
Vista Nature Park on the list of recommended reductions and
requested further discussion with the School District prior to
a decision on closure of Virginia Colony Park.
CONSENSUS: By consensus, the Council determined to remove from
the recommended list of reductions the Chamber of Commerce
Directory, Project Pride contribution, Senior Games, '� of the
funds for the Recreation Celebration and the funding for the
July 3rd fireworks.
Mr. Kueny stated that except for closing parks and reducing
full time staff, there was nothing additional staff could
think of to put on the list of reductions.
In response to Council questions, Mr. Kueny stated staff
had already looked at Country Trail Park and Campus Park as
the best candidates for closure and could provide that
information for the Council.
CONSENSUS: By consensus, the Council determined to request that
staff look at and report on the economies of placing Griffin
and Glenwood Park on the list of recommended reductions.
Councilmember Perez said part of Glenwood Park could
possibly be used by Boething Treeland Nursery.
MOTION: Councilmember Perez moved and Councilmember Evans
seconded a motion to retain the $11,000 funding for the July 3
fireworks event and combine it with $2,510 from the Recreation
Celebration and combine the funds into one "Community Event" to
be held on Friday, July 3. The motion carried by unanimous
voice vote.
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Moorpark, California Page 11
February 4, 1998
Councilmember Perez asked if there was a way to put the
reduction list on the character generator.
Mr. Kueny replied that staff would attempt to do so.
G. Consider General Plan Amendment No. 96 -3 to Amend the Land
Use Designation From Medium Low, Open Space, and
Public/ Institutional to Rural Low and Second Reading of
Ordinance No. 223 to Revise the Zoning From Residential
Planned Development 1.63 Dwelling Units Per Acre, Open
Space, and Institutional to Rural Exclusive -5 Acres on a
655 Acre Site, Located on the West Side of Walnut Canyon
Road at the Northern City Limits (Proposed for Development
by Bollinger Development Corporation). Staff
Recommendation: Direct staff as deemed appropriate.
Mr. Miller gave the staff report.
Councilmember Perez said that there is no report ready to
come from the Ad Hoc Bollinger Committee yet.
Bill LaPerch, 7200 Walnut Canyon, addressed the Council in
opposition to the project.
Bob Haaland, 351 Rolling Oaks Drive, Thousand Oaks,
addressed the Council as a representative of Haaland Group.
He said the Ad Hoc Committee had been provided the
following: a written status update on the project; a letter
from Mr. Weismen regarding the title issues on the
property; the recorded judgement on the final efforts to
clear the title; another deposit check in the amount of
$10,000; and a packet of information from Toll Brothers,
Inc. He discussed the status of the project.
In response to Mayor Hunter, Mr. Haaland stated Shea Homes
had been canceled as buyer of the property and he
apologized that the City had not been notified. He
explained that Centex terminated their relationship with
Bollinger Development Corporation.
Paul Feilberg, 2100 W. Orangewood Avenue, Suite 180,
Orange, addressed the Council as a representative of Toll
Brothers. He said they are semi custom home builders. He
said they build homes in the $600,000 range. He stated a
decision on the project would be made by Toll Brothers this
week.
In response to Councilmember Evans, Mr. Feilberg stated
that they have an agreement with Bollinger containing
language protecting Toll regarding cost overruns on site
improvements.
Minutes of the City Council
Moorpark, California Page 12 February 4, 1998
Mayor Hunter asked if the following four items are the only
items with which Toll is not in agreement yet with
Bollinger: 1) revision of definition of golf commencement
date; 2) interpretation of development agreement as to
clarification and status of CUP, and RPD regarding
expiration dates; 3) City initiated general plan amendment
for agricultural setback from 200 feet to 100 feet; and 4)
language needed so that West Oaks 27 can sign the agreement
as owners.
Mayor Hunter asked if Toll was in agreement with all fees.
Mr. Feilberg replied, "yes."
In response to Mayor Hunter, Mr. Haaland said that on
January 29 there was a judgement rendered by the court
giving clear title. He said the court decision has a 60
day appeal period. He said the property is now under the
control of Mr. Weismen as the trustee. He said the LDS
Church is ready to sell their interest.
In response to Ms. Kane, Mr. Haaland said Bollinger's
contract to purchase the property has been recognized by
the court.
The Council discussed their frustration with the lack of
communication and credible information coming from the
applicant.
MOTION: Mayor Hunter moved to continue this item to the
Council's next meeting. THE MOTION WAS WITHDRAWN.
In response to Council question, Mr. Kueny clarified that
it is not incorrect to bring a tabled item forward again as
a new question.
In response to Councilmember Teasley, Mr. Kueny said staff
will look at the Rules of Procedure and present language to
the Council further clarifying bringing tabled items
forward.
Councilmember Evans requested that the Ad Hoc Committee
meet with the applicant and come back to the Council with
a report at the next Council meeting following the
committee meeting.
MOTION: Councilmember Wozniak moved and Councilmember Evans
seconded a motion to continue this item to March 4 for a status
update. The motion carried by unanimous voice vote.
13. CLOSED SESSION:
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Moorpark, California Page 13 February 4, 1998
Ms. Kane announced that the Council would be going into
closed session for a discussion of items 13.A., two cases -
she indicated that for one of the cases the facts and
circumstances creating significant exposure to litigation
consists of a written communication threatening litigation
received from Alan Burns, attorney for Rite Aide on
February 4, 1998 regarding CUP No. 98 -1, and on the other
case the facts and circumstances creating significant
exposure to litigation consists of a statement threatening
litigation regarding amendments to the City's mobilehome
rent stabilization ordinance that was made by Robert
Coldren to Cheryl J. Kane, City Attorney; 13.B. two cases;
13.C.; 13.D.; and 13.E.
MOTION: Councilmember Wozniak moved and Councilmember Evans
seconded a motion to adjourn to Closed Session for a discussion
of items 13.A., two cases; 13.B., two cases; 13.C.; 13.D.; and
13.E.; as listed below:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision
(b) of Section 54956.9 of the Government Code: (Number of
cases to be discussed - 4)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of
Section 54956.9 of the Government Code: (Number of cases to
be discussed - 4)
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
City of Moorpark vs. Southern California Edison, et al
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 23 W. Los Angeles Avenue
Negotiating Parties: The City Council of the City of
Moorpark and Sunbelt Properties
Under Negotiation: Price and terms of payment.
E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: A.P.N. 511 -0- 070 -310
Negotiating Parties: The City Council of the City of
Moorpark and the Roe 1996 Trust
Under Negotiation: Price and terms of payment.
The motion carried by unanimous voice vote.
AT THIS POINT in the meeting the Council recessed. The time was
11:35 p.m. The Council reconvened into closed session at 11:36
p.m.
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Moorpark, California Page 14
February 4, 1998
Present in closed session were all Councilmembers; Steven Kueny,
City Manager; Cheryl Kane, City Attorney; Nelson Miller,
Director of Community Development; John Nowak, Assistant City
Manager; Deborah Traffenstedt; City Clerk.
The Council reconvened into open session at 12:40 a.m. Mr.
Kueny reported that only items 13.A. (two cases); and 13.C. were
discussed and there was no action to report.
11. CONSENT CALENDAR:
MOTION: Councilmember Perez moved and Councilmember Teasley
seconded a motion to pull items 11.E. and 11.I. and approve the
balance of the Consent Calendar. The motion carried by
unanimous roll call vote.
A. Consider Approval of Warrant Register of February 4, 1998.
Fiscal Year 1997/98
Manual Warrants
Voided Warrants
40590 - 40592, $ 1,305.05
40637 - 40640 & 40708
40591 & 40476 $ (85.00)
Regular Warrants 40593 - 40636 - D $ 137,683.64
40641 - 40707 - V $ 60,968.65
Staff Recommendation: Approve the Warrant Register.
B. Consider Resolution No. 98 -1432, Amending the FY 1997/98
Budget by Transferring Funds from the Senior Center Trust
Fund (500) to the General Fund (100) for Expenditures
Related to Senior Center Programs. Staff Recommendation:
Adopt Resolution No. 98 -1432, amending the FY 1997/98
Budget by transferring $1,510 from the Senior Center Trust
Fund (500) to the General Funds (100) - Senior Center
Division for expenditures related to the Senior Center
Program. (ROLL CALL VOTE REQUIRED)
C. Consider Resolution No. 98 -1433, Amending the FY 1997/98
Budget by Appropriating Park Improvement Funds (Fund 212)
for the Installation of a Fence at the Community Center
Park. Staff Recommendation: The Parks and Recreation
Commission recommends that the City Council adopt
Resolution No. 98 -1433, amending the FY 1997/98 budget by
appropriating Park Improvement Funds (Fund 212) for the
installation of a fence at the Community Center Park. (ROLL
CALL VOTE REQUIRED)
D. Consider Approval of Final Tract Map 5081 (American Stores
Properties Inc.) Staff Recommendation: 1) Approve Tract
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Moorpark, California Page 15 February 4, 1998
Map 5081; 2) Authorize the Mayor and City Clerk to sign the
Tract Map Title Sheet; and 3) Direct the City Clerk to
record Tract Map 5081 and the attached Declaration of
Covenants, Conditions and Restrictions.
F. Consider Resolution No. 98 -1434 Funding Preliminary
Engineering Costs for the Casey Road Widening Project.
Staff Recommendation: Adopt Resolution No. 98 -1434
approving an amendment to the FY 1997/98 Budget to fund
certain non - construction costs for the Casey Road widening
project from the Casey Road /Gabbert Road AOC Account
[Account No. 211.902.8060.000.9805: from $0 to $15,000
($15,000 increase)]. (ROLL CALL VOTE REQUIRED)
G. Consider Adoption of Resolution No. 98 -1435 Opposing the
State Ballot Initiative Titled "Government Cost Savings and
Taxpayer Protection Amendment." Staff Recommendation:
Adopt Resolution No. 98 -1435 opposing the "Government Cost
Savings and Taxpayer Protection Amendment" on the basis
that it removes local control over professional
design/ engineering contract awards, it will cause undue
delays in public projects within the City of Moorpark, will
provide no savings to taxpayers, and provide no protection
to residents which is not already provided in contract
documents.
H. Resident's Concern Regarding Potential Cancer Cluster.
Staff Recommendation: Defer any action until the report is
presented from Dr. Nasseri of the Tri- Counties Regional
Cancer Registry.
The following items were pulled from the Consent Calendar for
individual consideration:
E. Consider Adopting Resolution No. 98- , and Establishing
Revised Parking Restrictions at the South Metrolink Station
to Permit Overnight Parking. Staff Recommendation: Accept
the recommendation of staff and the City Transportation and
Streets Committee and adopt Resolution No. 98- ,
rescinding Resolution 92 -888, and establishing revised
restrictive parking regulations to permit limited overnight
parking in ceratin spaces in the south Metrolink parking
lot.
Mayor Hunter indicated that the South Metrolink Station lot
is the lot that has had the most vandalism in the past. He
said he would like to give the City Manager authorization
to explore allowing limited overnight parking in the North
Metrolink parking as well if the City Manager deems it
appropriate.
Minutes of the City Council
Moorpark, California Page 16 February 4, 1998
CONSENSUS: By consensus, the Council determined to table this
item.
I. Consider Conditional Use Permit No. 98 -1 (Marketplace
Partners) for a retail establishment (Rite Aid Drug Store)
for off site alcoholic beverage sales in Commercial Planned
Development No. 95 -1, Major Modification No. 1, located at
the northwest corner of Spring Road and Tierra Rejada Road
(APN 500 -0- 350 -545 and 555). Staff Recommendation: Adopt
Resolution No. 98- denying Conditional Use Permit No.
98 -1.
Ms. Kane explained that she advised the Council in closed
session that the points raised by Alan Burns, attorney for
Rite Aid, had merit and to deny off site alcoholic beverage
sales might result in litigation.
Councilmember Teasley said it is not her desire to approve
the sale of alcoholic beverages for this project but
neither is it her desire to place the City in a litigious
position. She said staff should be directed to prepare a
resolution of approval for the next meeting.
Mayor Hunter stated his concurrence with Councilmember
Teasley's statement.
In response to Mr. Miller, Councilmember Wozniak requested
a condition in the CUP limiting alcohol sales to the 500
square feet previously requested by Rite Aide.
Councilmember Teasley requested that the signage for the
building disallow using "liquor."
Ms. Kane indicated she would research whether or not the
signage condition could be included in the resolution. She
said if it could be included, it would be.
MOTION: Councilmember Wozniak moved and Councilmember Teasley
seconded a motion to continue this item to February 18 and to
direct staff to prepare a resolution of approval to include the
conditions as requested this evening. The motion carried by
unanimous voice vote.
AT THIS POINT in the meeting the Council resumed discussion of
item ll.E.
E. Consider Adopting Resolution No. 98- , and Establishing
Revised Parking Restrictions at the South Metrolink Station
to Permit Overnight Parking. Staff Recommendation: Accept
the recommendation of staff and the City Transportation and
Streets Committee and adopt Resolution No. 98- ,
rescinding Resolution 92 -888, and establishing revised
Minutes of the City Council
Moorpark, California Page 17
February 4, 1998
restrictive parking regulations to permit limited overnight
parking in ceratin spaces in the south Metrolink parking
lot.
Councilmember Evans stated his concern that the cars
parking overnight in the lot be safeguarded. He indicated
that further discussion was needed to alleviate his fears
concerning the safety of cars parked overnight.
CONSENSUS: By consensus, the Council determined to continue this
item for approximately one month.
12. ORDINANCES:
None.
13. CLOSED SESSION:
Closed Session was held earlier in the meeting.
14. ADJOURNMENT:
MOTION: Councilmember Perez moved and
seconded a motion to adjourn. T�e� motio
voice vote. The time was 1:00 a.m.
ATTEST:
Councilmember Wozniak
n carried by unanimous
Deborah S. Traffens edt, City Clerk
a