HomeMy WebLinkAboutMIN 1998 1007 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California October 7, 1998
A Regular Meeting of the City Council of the City of Moorpark was
held on October 7, 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 7:12 p.m.
2. INVOCATION:
In lieu of an invocation, a silent moment of reflection was
held.
3. PLEDGE OF ALLEGIANCE:
Morrie Abramson led the Pledge of Allegiance.
4. ROLL CALL:
Present: Councilmembers Perez, Teasley, Wozniak and Mayor
Hunter.
Absent: Councilmember Evans
Staff Present: Steven Kueny, City Manager; John Nowak, Assistant
City Manager; Cheryl Kane, City Attorney; Nelson
Miller, Director of Community Development; Ken
Gilbert, Director of Public Works; Mary Lindley,
Director of Community Services; Dirk Lovett,
City Engineer; Mike Lewis, Sheriff's Department;
Don Reynolds, Administrative Services Manager;
Nancy Burns, Senior Management Analyst; Shelley
Shellabarger, Recreation Superintendent; John
Libiez, Principal Planner; Deborah Traffenstedt,
City Clerk and Lisa Pope, Deputy City Clerk.
5. PROCLAMATIONS AND COMMENDATIONS:
A. Opening of Senior Olympics Games
The Opening Ceremony for the Senior Games was held, which
included the posting of the Colbrs and the Senior Games
Oath, administered by Mayor Hunter.
B. Proclamation Declaring October 4 - 10, 1998 Mental
Illness Awareness Week
Mayor Hunter presented the proclamation to Guy Payne and
David Lage.
C. Presentation by Supervisor Schillo Regarding Agricultural
Policies Working Group
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Moorpark, California Page 2 October 7, 1998
Supervisor Schillo discussed the County's advisory Measure
A, which will be on the November 3, 1998 ballot.
In response to Councilmember Perez, Supervisor Schillo
stated further discussion would occur regarding funding for
acquisition of open space if the measure passed in
November.
Mayor Hunter thanked Supervisor Schillo for the
presentation.
4. PUBLIC COMMENT:
Rick Jason, 4078 Bending Oak Court, discussed the petition
circulation for the Hidden Creek Referendum.
Tom Thompson, 12623 Hillside Drive, stated his opposition
regarding the Referendum and SOAR initiative. He stated
that SOAR and the Referendum would take away the voice of
the elected City Council. He stated the Messenger project
is positive for the City. He stated the economy would
dictate the number of homes built annually in the Messenger
project.
John Patrick Lane, 12591 Crystal Ranch Road, discussed the
impact of the economy on homes built. He discussed his
concern with verbal attacks on Councilmembers during the
public comments portion of the agenda. He discussed the
positive aspects of the Hidden Creek Ranch Project
including the removal of truck traffic from Los Angeles
Avenue, the funding of library improvements, and the
provision of natural open space and golf courses.
Robert Coughlon, 11955 Silvercrest, discussed the history
of development in Moorpark. He indicated his support for
the Hidden Creek Ranch Project. He discussed the removal
of trucks from Los Angeles Avenue through the development
of a State Route 118 bypass.
Lloyd Laycook, 2 North Lake Avenue, Pasadena, representing
Lennar Homes and the Carlsberg Specific Plan Project,
expressed his thanks for the services rendered during the
recent fire on the Carlsberg site.
Paul Lawrason, 19118 Swallow Way, Grass Valley, stated the
SOAR initiative was not the manner in which to preserve
open space and agricultural resources. He stated his
opposition to the SOAR initiative.
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Moorpark, California Page 3 October 7, 1998
Steve Sill, 12329 Arborhill Street, discussed the sales tax
base in the community and the need for growth. He
indicated his support for the Hidden Creek Ranch Project.
Bill Poleri, 6863 Trojan Court, representing the Moorpark
Community Arts Council, requested the City co- sponsor the
Christmas Light Contest.
In response to Mayor Hunter, Mr. Poleri stated they had not
yet submitted a proposal to the City.
Tony Bellasalma and Jessie Silos, 11823 Maplecrest Street,
representing Moorpark Seniors, Incorporated, discussed a
history book project on the Moorpark Senior Center. He
presented a copy of the book to the City Council.
Dr. Roseann Mikos, 14371 E. Cambridge Street, discussed the
care taken by the Fire Department in the sensitive areas of
the Carlsberg site. She discussed her concerns with the
planting of non - native California pepper trees along Tierra
Rejada Road on the Carlsberg Project site.
CONSENSUS: By consensus, the Council reordered the agenda to
hear Item 10.C. prior to recessing to the Redevelopment Agency
Meeting.
10. PRESENTATION /ACTION /DISCUSSION:
C. Consider Moorpark Girls Softball Proposal. Staff
Recommendation: 1) Direct staff to prepare a budget
amendment, for consideration at the October 21 City Council
meeting, which documents the repayment of various loans in
the Community Park Improvement Zone, forgives the previous
General Fund loan of $176,000 for the Arroyo Vista
Community Park (AVCP) tennis courts, and allocated $235,712
from the Carlsberg recreation facilities fee; 2) Approve
the relocation of Girls Softball to AVCP for its spring
season; 3) Authorize the construction of a third softball
field at AVCP by Girls Softball under the supervision of
Community Service Department staff, and consistent with
City plans and specification; and 4) Approve the use of
City funds, from the Community Park Improvement Zone, to
provide a fifty percent match to girls Softball's costs to
fund initial field improvements only (backstop, infield
dirt, bases, and sprinkler system), at a cost not to exceed
$6,000.
Ms. Lindley gave the staff report.
In response to Mayor Hunter, Ms. Lindley stated the total
cost for improvements would be $12,000.
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Moorpark, California Page 4 October 7, 1998
Douglas Shoupe, 6654 N. Berkley Circle, addressed the
Council as the President of Moorpark Packers Football. He
discussed the impact of Girls Softball on the Packers
Football league if relocated to AVCP. He stated that
developer fees should be used towards development of Phase
II of AVCP.
Scott Reinhardt, 4572 Vista Valle Drive, Moorpark Packers,
suggested the various youth programs work together to
determine the development of Phase II of AVCP.
Blanca Rodriquez, 65 Third Street, President of Moorpark
Girls Softball League, discussed the proposal and conflict
with AYSO and Packer Football. She requested the Council
approve the staff recommendation.
In response to Mayor Hunter, Ms. Rodriquez indicated they
were requesting use of three softball fields at the same
location.
Rich Connolly, 12405 Mountain Trail Court, discussed his
concerns regarding safety due to traffic caused by use of
Mountain Meadows Park and School fields for Girls Softball.
He indicated his support for moving Girls Softball to AVCP.
Jess Settem, 12413 Mountain Trail Street, discussed his
concerns with safety due to traffic around Mountain Meadows
Park and School caused by Girls Softball. He urged Council
to approve the staff recommendation.
David Kropp, 4227 Granadilla, Regional Commissioner for
Moorpark AYSO, expressed his concerns regarding the
proposal. He stated the proposed new softball field would
take the place of two soccer fields. He supported
development of the other portions of AVCP. He suggested
Girls Softball split venues and use the two existing fields
at Arroyo Vista and the two existing fields at Mountain
Meadows.
In response to Councilmember Perez, Mr. Kropp discussed the
potential impact to the AYSO schedule for practices and
games if there was displacement from construction of the
tennis courts and a softball field.
In response to Mayor Hunter, Ms. Lindley stated one soccer
field would be lost due to the construction of the tennis
courts. She stated the proposal for Girls Softball would
also displace one small soccer field, which could be
relocated without impacting Packers Football. Mr. Kropp
stated the proposed locations at Arroyo Vista were not
adequate to accommodate a small soccer field.
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Moorpark, California Page 5 October 7, 1998
David Koszela, 13106 Knotty Pine, representing AYSO, stated
the fields at Mountain Meadows would not be abandoned, so
the homeowners' concerns would not be completely
eliminated.
Tom Pflaumier, 3906 Willow Creek Lane, Vice President for
Girls Softball, concurred with the staff report. He
discussed the growth of Moorpark sports programs. He urged
the development of the final phases of the park.
Bob Cyffka, 4045 Blairwood Drive, Moorpark AYSO Director
for Division 6, stated their fields would be impacted by
the softball field. He discussed the needs for all sports
to have use of field space. He urged the development of
the remainder of AVCP.
Daniel Iglesias, 6985 Hastings Street, Board of Directors
for AYSO, stated his concern with potential injuries if
softball and soccer take place at the same time.
Gary Shaw, 12008 Rivergrove, Moorpark AYSO, addressed the
Council in opposition to the staff recommendation. He
discussed the potential safety problems if the soccer teams
play on a dirt field versus a grass field. He discussed
the growth of AYSO.
Bruce Levy, 12457 Mountain Trail, Moorpark AYSO, addressed
the Council in opposition to the staff recommendation. He
asked that AYSO be included in discussions regarding use of
AVCP.
In response to Mayor Hunter, Ms. Lindley discussed the
seasons for AYSO, Packer Football and Girls Softball.
In response to Mayor Hunter, Ms. Rodriquez stated signups
for Girls Softball had begun and practices would begin in
January.
In response to Councilmember Teasley, Ms. Lindley stated
Girls Softball practices would continue at Mountain Meadows
Park. She discussed the "Winter Ball" Softball season,
which would be played at AVCP.
In response to Councilmember Teasley, Ms. Lindley stated
Phase II development of AVCP was not scheduled to begin.
She stated it was put on hold due to Proposition 218 and
the failure of Measure P for funding of park maintenance.
In response to Councilmember Perez, Ms. Kueny stated
drainage studies would be required, in order to develop the
Phase II portion of AVCP.
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Moorpark, California Page 6 October 7, 1998
Councilmember Perez discussed the prior use of Peach Hill
Park as the community facility. He discussed the need for
space for youth sports. He discussed the use of fees from
the Carlsberg Project. He suggested an agenda item to
determine priorities for using the Carlsberg funds.
Councilmember Wozniak discussed the lack of park space. He
stated it was necessary to look at long -term solutions and
consider development of the other portion of AVCP. He
suggested the youth sports organizations work together to
determine a long -term solution for use of parks.
In response to Mayor Hunter, Ms. Lindley stated Girls
Softball currently had two fields at Mountain Meadows
School.
In response to Mayor Hunter, Ms. Rodriquez stated Girls
Softball might lose the fields at Mountain Meadows School,
if the School District adds more portable classrooms. She
stated they could not survive on one field at Mountain
Meadows School. She also stated they were limited by the
School District as to which nights could be used for
practice and games.
Councilmember Perez asked when they would lose the fields.
Ms. Rodriquez stated the School District had provided a
warning about the possible loss of fields within the next
year.
In response to Mayor Hunter, Ms Lindley stated
approximately $235,000 had been paid by Carlsberg for
Community Recreation Facilities. She stated the proposed
tennis courts were funded by money paid by Carlsberg to the
City's General Fund pertaining to cast -in -place concrete
pipes. She explained inter -park zone loans could be
addressed during the 1999/2000 fiscal year budget process.
Mr. Kueny stated next year's budget would be the
appropriate time to address the General Fund loan for the
tennis courts.
In response to Councilmember Perez, Ms. Lindley stated she
had not spoken with the School District and was not sure
when the portable classrooms would be placed and the
softball fields lost.
In response to Mayor Hunter, Mr. Reinhardt explained the
improvements made to AVCP by Packers Football, including
grading, drainage work and installation of sprinklers. He
stated they had paid $50,000 out -of- pocket which would have
cost over $200,000 if the labor had not been donated.
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Moorpark, California Page 7 October 7, 1998
Councilmember Perez asked for a two -week continuance to
obtain cost figures for development of the other portion of
the park. He stated he was willing to move forward with
the staff recommendation if that proves to be the only
solution to the Girls Softball problem.
Councilmember Teasley stated her concern with overcrowding
for all youth sports and discussed the necessity to plan
for the future of youth sports. She concurred with a two -
week extension, as long as all youth sports worked together
towards a solution to minimize impacts.
Councilmember Perez stated the continuance would allow a
staff to obtain a more definitive response from the School
District regarding the time frame for placement of portable
classrooms.
Mayor Hunter stated there was a need to accelerate
development of the remaining area of AVCP with the help of
youth sports.
Mr. Kueny suggested staff bring back an indication of
potential revenue from park fees, the AVCP Phase II Master
-- Plan design proposals, and costs for turf and related
maintenance if Phase II is built.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to continue to October 21, 1998 and directed
that reports be provided as referenced by staff. The motion
carried by voice vote 4 -0, Councilmember Evans absent.
AT THIS POINT in the meeting, the Council took a recess. The
time was 9:12 p.m. The Council reconvened at 9 :35 p.m.
AT THIS POINT in the meeting, a recess was declared to convene
the Redevelopment Agency. The time was 9 :35 p.m. The Council
reconvened at 9:50 p.m.
7. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
(Pursuant to Council Rules of Procedure Section 2.9, Items to be
withdrawn from the Consent Calendar shall be identified at this
time.)
Mayor Hunter indicated he intended to pull Item ll.A. from the
Consent Calendar.
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Mayor Hunter announced the Parks and Recreation Commission Park
Tour to be held on October 11. He also announced the Annual
Halloween Party to be held on October 31.
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Moorpark, California Page 8
9. PUBLIC HEARINGS:
October 7, 1998
A. Consider General Plan Amendment No. 97 -1, to Amend the Land
Use and Circulation Elements; Zone Change No. 97 -5, to
Amend Title 17 of the Municipal Code, Through Text and Map
Changes to Establish Zoning Districts and Control
Development Standards; and the Moorpark Downtown Specific
Plan No. 95 -1, Which Includes Land Use and Zoning Maps, a
Streetscape Beautification Program, Pedestrian and Traffic
Circulation Improvements, Design Guidelines, Development
Standards, and Implementation Programs to Guide Future
Development. (Continued From August 19, 1998 - Public
Hearing Open). Staff Recommendation: 1) Consider
Resolution No. 98 -1515 for adoption of a Mitigation
Monitoring Program, adoption of a Mitigated Negative
Declaration including responses to comments, adoption of
General Plan Amendment 97 -1, and adoption of Specific Plan
95 -1; and 2) Consider introduction for first reading of
Ordinance No. 247 to amend the Municipal Code, Title 17,
Zoning, to designate properties within the downtown plan
area as Specific Plan - Downtown (SP -D) Zone; to establish
a new zoning category known as "Old Town Commercial" (C-
OT); and, amend the zoning map to reflect Downtown Specific
Plan zoning.
Mr. Miller gave the staff report and introduced LeeAnn
Hagmaier from RRM Design Group as available to answer
questions.
John Newton, 165 High Street, indicated his support for a
joint City /Chamber of Commerce promotion program as
previously discussed. He suggested the private sector be
utilized for marketing Downtown with the City functioning
in an oversight capacity. He stated the Specific Plan can
succeed and would increase property values. He urged the
Council to adopt the Plan.
Jerry Goldstein, 11932 Los Angeles Avenue, suggested a
public restroom be installed on High Street.
Mayor Hunter closed the public hearing.
Councilmember Teasley asked if the Economic Development
Committee had begun the process of obtaining a company to
provide promotional services. Mr. Nowak stated a Request
for Qualifications (RFQ) had been completed and eight
proposals had been received, which would be presented to
the Committee next week.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion the adopt Resolution No. 98 -1515 for adoption
of a Mitigation Monitoring Program, adoption of a Mitigated
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Moorpark, California Page 9 October 7, 1998
Negative Declaration including responses to comments, adoption
of General Plan Amendment 97 -1, and adoption of Specific Plan
95 -1. The motion carried by voice vote 4 -0, Councilmember Evans
absent.
Ms. Kane read the ordinance title for Ordinance No. 247.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to waive further reading. The motion carried
by voice vote 4 -0, Councilmember Evans absent.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to declare Ordinance No. 247 introduced for
first reading. The motion carried by voice vote 4 -0,
Councilmember Evans absent.
B. Consider Adopting Three Resolutions for Enforcement of the
California Vehicle Code on Privately Owned Streets and
Parking Facilities Located at 4241 Tierra Rejada Road
(American Stores Properties, Inc. - Lucky Store # 121 -558),
555 -561 New Los Angeles Avenue (Moorpark Caymus Properties,
LLC Blockbuster /Starbucks Building), and 550 West Los
Angeles Avenue (G & S Corporation, CPD Permit No. 97 -1).
Staff Recommendation: 1) Adopt Resolution No. 98 -1516
making the CVC applicable to certain private roads and
parking facilities upon the commercial property located at
4241 Tierra Rejada Road (American Stores Properties, Inc.
- Lucky Store # 121 -558); 2) Adopt Resolution No. 98 -1517
making the CVC applicable to certain private roads and
parking facilities upon the commercial property located at
555 -561 New Los Angeles Avenue (Moorpark Caymus Properties,
LLC Blockbuster /Starbucks Building); and 3) Adopt
Resolution No. 98 -1518 making the CVC applicable to certain
private roads and parking facilities upon the future
commercial property located at 550 West Los Angeles Avenue
(G & S Corporation, Commercial Planned Development Permit
No. 97 -1).
Mr. Gilbert gave the staff report.
Mayor Hunter opened the public hearing.
There were no public speakers, and Mayor Hunter closed the
public hearing.
MOTION: Councilmember Perez moved and Councilmember Teasley
"— seconded a motion to Adopt Resolution No. 98 -1516 making the CVC
applicable to certain private roads and parking facilities upon
the commercial property located at 4241 Tierra Rejada Road
(American Stores Properties, Inc. - Lucky Store # 121 -558). The
motion carried by voice vote 4 -0, Councilmember Evans absent.
Minutes of the City Council
Moorpark, California Page 10 October 7, 1998
MOTION: Councilmember Perez moved and Councilmember Teasley
seconded a motion to adopt Resolution No. 98 -1517 making the CVC
applicable to certain private roads and parking facilities upon
the commercial property located at 555 -561 New Los Angeles
Avenue (Moorpark Caymus Properties, LLC Blockbuster /Starbucks
Building). The motion carried by voice vote 4 -0, Councilmember
Evans absent.
MOTION: Councilmember Perez moved and Councilmember Teasley
seconded a motion to adopt Resolution No. 98 -1518 making the CVC
applicable to certain private roads and parking facilities upon
the future commercial property located at 550 West Los Angeles
Avenue (G & S Corporation, Commercial Planned Development Permit
No. 97 -1). The motion carried by voice vote 4 -0, Councilmember
Evans absent.
10. PRESENTATION /ACTION /DISCUSSION:
A. Consider Resolution No. 98- Establishing the City
Council's Position Opposing Proposition 9 "Utility Rate
Reduction and Reform Act" - (Follow Up From Council Item
10.L., September 16, 1998.) Staff Recommendation: Oppose
Proposition 9, by adopting Resolution No. 98-
Mr. Reynolds gave the staff report.
In response to Mayor Hunter, Mr. Reynolds stated the League
of California Cities was opposed to Proposition 9.
Rudy Gonzales, 3589 Foothill Drive, Thousand Oaks,
addressed the Council as a representative of "No on 9
Coalition" and Southern California Edison. He discussed
the deregulation laws. He urged Council to oppose
Proposition 9.
Jeff Christopherson, 3262 Greenville Drive, Simi Valley,
urged Council to support Proposition 9.
Mayor Hunter stated the Jarvis Taxpayers Association had
decided to take no position on the Proposition. He stated
he was unclear as to what would be in the best interest of
the City. He encouraged Council to take no position and if
the Council did so, he would abstain.
Councilmember Perez stated he would like the Council to
oppose Proposition 9, because it would remove the level of
certainty created by Assembly Bill 1890 and would result in
a residual impact to local revenues.
Mayor Hunter stated his concern with accepting the position
of the League of California Cities. He stated the
ramifications of Proposition 9 could not be projected.
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Moorpark, California Page 11
October 7, 1998
Councilmember Teasley stated the League would be taking a
stand based on revenues coming into cities. She discussed
the debt incurred by Edison due to creation of nuclear
power.
CONSENSUS: By consensus, the Council determined to take no
action on the matter.
B. Consider Referendum Petition Against Ordinance No. 246 and
Calling a Special Election to be Held on January 12, 1999,
for Consideration of Ordinance No. 246, Adopting a
Development Agreement Between the City of Moorpark and
Hidden Creek Ranch Partners (Messenger Investment Company)
Related to the Development of Specific Plan No. 8: Hidden
Creek Ranch and an Ordinance Entitled the Moorpark Save
Open -Space and Agricultural Resources (SOAR), Including
Report Prepared Pursuant to Elections Code Section 9212 and
For Preparing the Arguments For and Against the Two
Referenced Ordinances. Staff Recommendation: 1) Receive
and File the Report on Moorpark Save Open -Space and
Agricultural Resources (SOAR) Initiative Measure; and 2)
Adopt Resolution Nos. 98- , 98- , 98- and 98- ,
calling and giving notice of a Special Municipal Election
on Tuesday, January 12, 1999; requesting the County Board
of Supervisors to permit the County Clerk to render
services; providing for the filing of written arguments and
directing the City Attorney to prepare an impartial
analysis; and appoint an Ad Hoc Committee to prepare an
argument in favor of Ordinance. No. 246; or 3) Repeal
Ordinance No. 246 and Adopt Resolution Nos. 98- , 98-
98- , and 98- , calling and giving notice of Special
Municipal Election on Tuesday, January 12, 1999, for
submission of an ordinance to the qualified voters;
requesting the County Board of Supervisors to permit the
County Clerk to render services; providing for the filing
of rebuttal arguments; and setting priorities for filing
written arguments and directing the City Attorney to
prepare an impartial analysis; and appoint an Ad Hoc
Committee to prepare an argument against the Moorpark SOAR
measure.
Councilmember Teasley indicated she would be participating
in regard to the SOAR issue but would not participate in
deliberations on the ordinance for the development
agreement.
Mayor Hunter stated the Council was operating under the
threat of litigation and suggested the use of caution when
deliberating.
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Moorpark, California Page 12 October 7, 1998
Roseann Mikos, 14371 E. Cambridge Street, urged Council to
place both the Moorpark SOAR and Hidden Creek Referendum on
the January 12, 1999 ballot. She discussed the fiscal
effects as stated in the report.
Glen Reiser, 1050 S. Kimball Road, Ventura, as the legal
counsel representing Messenger Investment Company, urged
the City Council to withhold the Referendum from the
ballot.
Tom Thompson, 12623 Hillside Drive, indicated his
opposition to the SOAR initiative and Referendum.
Gary Austin, 959 South Coast Drive, #490, Costa Mesa,
representing Messenger Investment Company, discussed the
negative impacts of SOAR and the Referendum. He requested
the Council delay scheduling the Referendum election in
order for the City Attorney and Messenger's legal counsel
to evaluate the ramifications.
Clint Harper, 4044 Oak Glen Court, stated it was the
Council's obligation to place the SOAR initiative and
Referendum on the January 12, 1999 ballot.
Stephen Sill, 12329 Arbor Hill, stated that people
frequently don't know what they are being asked to sign for
petitions. He discussed poor voter turnout and his
opposition to governing by referendum. He urged Council to
not put the issue to a vote of the people.
In response to Councilmember Perez, Ms. Kane indicated she
did not want to discuss the legal strategies pertaining to
defending the SOAR measure.
Councilmember Perez stated that SOAR would roll back the
General Plan to the beginning of 1998, which may not
withstand legal challenge.
Mr. Kueny recommended adopting two separate sets of
resolutions for the SOAR measure and the Referendum.
MOTION: Councilmember Wozniak moved and Councilmember Perez
seconded a motion to adopt Resolution No. 98 -1519 calling and
giving notice of Special Municipal Election on Tuesday, January
12, 1999 for the submission of the SOAR measure to the qualified
voters. The motion carried by voice vote 4 -0, Councilmember
Evans absent.
MOTION: Councilmember Wozniak moved and Councilmember Perez
seconded a motion to adopt Resolution No. 98 -1520 requesting the
County Board of Supervisors to permit the County Clerk to render
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Moorpark, California Page 13
October 7, 1998
services. The motion carried by voice vote 4 -0, Councilmember
Evans absent.
MOTION: Councilmember Wozniak moved and Councilmember Perez
seconded a motion to adopt Resolution No. 98 -1521 providing for
the filing of rebuttal arguments for the SOAR measure. The
motion carried by voice vote 4 -0, Councilmember Evans absent.
MOTION: Councilmember Wozniak moved and Councilmember Perez
seconded a motion to adopt Resolution No. 98 -1522 setting
priorities for filing a written argument and directing the City
Attorney to prepare an impartial analysis for the SOAR measure.
The motion carried by voice vote 4 -0, Councilmember Evans
absent.
MOTION: Councilmember Wozniak moved and Councilmember Perez
seconded a motion to receive and file the Report on Moorpark
Save Open -Space and Agricultural Resources (SOAR) Initiative
Measure. The motion carried by voice vote 4 -0, Councilmember
Evans absent.
MOTION: Mayor Hunter moved and Councilmember Perez seconded a
motion to nominate Councilmember Teasley and Councilmember Evans
-- to serve as the ad hoc committee to write arguments on SOAR.
The motion carried by voice vote 4 -0, Councilmember Evans
absent.
AT THIS POINT in the meeting, Councilmember Teasley left the
dais. The time was 11:00 p.m.
In response to Councilmember Perez, Ms. Kane stated she had
not had sufficient time to fully review the letter dated
October 6 from Glen Riser threatening litigation if the
development agreement ordinance is put on the ballot.
In response to Councilmember Wozniak, Ms. Kane stated if
the matter was held over to October 14, the Council could
still take the action to place both the SOAR initiative and
the Referendum on the same ballot. She stated she could
review the October 6 letter and bring back information
regarding the merits of their arguments.
Councilmember Wozniak suggested bringing the matter back on
October 14 to allow the City Attorney time to review the
letter from Messenger's legal counsel.
Mr. Kueny suggested the Council recess to a closed session
for discussion of the threat of litigation prior to making
a decision.
Mayor Hunter suggested adopting the resolutions for the
election, which could be rescinded on October 14 if further
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Moorpark, California Page 14
October 7, 1998
information was received from the City Attorney that
warranted such action.
CONSENSUS: By consensus, the Council tabled the matter until
after a closed session discussion.
AT THIS POINT in the meeting, Councilmember Teasley returned to
dais. The time was 11:12 p.m.
D. Consider Adoption of Ordinance No. 248, Amending Chapter
12.16 of the Moorpark Municipal Code, Resolution No. 98-
1523 Adopting Revised Park Rules and Regulations Governing
the Use of the Facilities in Public Parkland, Group
Classifications and Fee Schedule. Staff Recommendation:
The Parks and Recreation Commission and staff recommend
that the City Council introduce for first reading Ordinance
No. 248 amending Chapter 12.16 Parks of Title 12, Streets,
Sidewalks & Public Places in the Municipal Code and approve
Resolution No. 98 -1523 adopting revised Park Rules and
Regulations Governing the Use of the Facilities in Public
Parkland, group classifications and fee schedule.
Ms. Shellabarger gave the staff report.
Mayor Hunter discussed year -end school parties and
suggested waiving the fee for the School District. He also
requested that the word "public" be added before all
references to park and open space.
Councilmember Perez stated he concurred with Mayor Hunter
to waive the fees for the School District.
Ms. Kane read the ordinance title for Ordinance No. 248.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to waive further reading. The motion carried
by voice vote 4 -0, Councilmember Evans absent.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to declare Ordinance No. 248 introduced for
first reading. The motion carried by voice vote 4 -0,
Councilmember Evans absent.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to adopt Resolution No. 98 -1523 adopting
revised Park Rules and Regulations Governing the Use of the
Facilities in Public Parkland, group classifications and fee
schedule. The motion carried by voice vote 4 -0, Councilmember
Evans absent.
E. Consider a Property Mail Ballot Assessment for the
Maintenance of City Parks. Budget and Finance Committee
Minutes of the City Council
Moorpark, California Page 15 October 7, 1998
and Staff Recommendation: Indicate its intent to undertake
a mail ballot property assessment proceeding prior to the
end of the FY 1998/99, and direct staff to interview
prospective consultants and return to Council by November
4 with a recommendation.
Ms. Lindley gave the staff report.
In response to Mayor Hunter, Ms. Lindley stated the funding
source would be the General Fund.
June Dubriel, 4236 Laurel Glen, commended the Council on
the action taken regarding Measure P. She discussed the
mail ballot process and urged Council to support the staff
recommendation.
Dr. Clint Harper, 4044 Oak Glen Court, commended the
Council on park maintenance and development. He urged
Council to approve the staff recommendation.
Roseann Mikos, 14371 E. Cambridge Street, stated her
support for the Budget and Finance Committee and staff
recommendation.
Councilmember Wozniak stated that there was a need to move
forward.
Mayor Hunter stated that he concurred with Councilmember
Wozniak and that an answer was needed in order to formulate
next year's budget. He stated costs could be recovered
through the assessment, or by utilizing a portion of the
Carlsberg Project fees for recreation purposes to save
spending General Fund reserves.
In response to Councilmember Teasley, Ms. Lindley stated
the cost estimates for the mail ballot assessment would be
provided to Council when determined.
Councilmember Perez discussed the case study of Elk Grove
and citizens assistance in the campaign. He suggested
forming a task force to gain support.
Councilmember Wozniak concurred regarding forming a task
force and suggested utilizing the consultant to coordinate
the campaign effort.
MOTION: Councilmember Perez moved and Councilmember Teasley
seconded a motion to indicate the Council's intent to undertake
a mail ballot property assessment proceeding prior to the end of
the FY 1998/99, and direct staff to interview prospective
consultants and return to Council by November 4 with a
Minutes of the City Council
Moorpark, California Page 16
October 7, 1998
recommendation. The motion carried by voice vote 4 -0,
Councilmember Evans absent.
F. Consider Modifying Housing Rehabilitation Loan Programs.
Staff Recommendation: 1) Extend the Housing Rehabilitation
Loan Program maximum loan amount to eighteen thousand
dollars ($18,000); 2) Allow homeowners who have previously
participated in this program to apply for additional funds
for major repairs only, to correct an unsafe condition, in
the amount of the difference between their original loan
and a maximum of eighteen thousand dollars ($18,000); and
3) Remove the requirement for a two -to -one (2:1) equity to
loan amount ratio.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to 1) Extend the Housing Rehabilitation Loan
Program maximum loan amount to twenty thousand dollars
($20,000); and 2) Allow homeowners who have previously
participated in this program to apply for additional funds for
major repairs only, to correct an unsafe condition, in the
amount of the difference between their original loan and a
maximum of twenty thousand dollars ($20,000); and 3) Retain the
requirement for a two -to -one (2:1) equity to loan amount ratio.
The motion carried by voice vote 4 -0, Councilmember Evans
absent.
G. Consider Rehabilitation Program- for Mobilehomes. Staff
Recommendation: Authorize a housing rehabilitation program
for Low and Very Low Income households in Villa del Arroyo
Mobilehome Park for repairs as described in the staff
report, using the City's housing fund.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to authorize a housing rehabilitation program
for Low and Very Low Income households in Villa del Arroyo
Mobilehome Park for repairs as described in the staff report,
using the City's housing fund. The motion carried by voice vote
4 -0, Councilmember Evans absent.
11. CONSENT CALENDAR:
MOTION: Councilmember Wozniak moved and Councilmember Perez
seconded a motion to pull Item 11.A. and approve the balance of the
Consent Calendar. The motion carried by roll call vote 4 -0,
Councilmember Evans absent.
B. Consider Approval of Warrant Register of October 7, 1998.
Fiscal Year 1998/99
Manual Warrants 42582 - 42586 $ 3,893.34
Minutes of the City Council
Moorpark, California Page 17
Voided Warrants
Regular Warrants
42678 - 42684
42470 & 42673
42685 - 42721 - D
42722 - 42787 - V
October 7, 1998
$338,133.67
$ 27,995.51
C. Consider FY 1998/99 Budget Amendment for Virginia Colonv Park.
Staff Recommendation: Adopt Resolution No. 98 -1524, amending the
FY 1998/99 Budget by transferring $9,000 from the General Fund
Reserve (100) to the Park Division Budget (100.705) for
operational costs associated with Virginia Colony Park.
D. Consider Directing Staff to Develop a New Agenda Processing
Procedure to Require Relevant Staff Re orts to Be Provided to
the Moorpark Unified School District and Moorpark College_ Staff
Recommendation: Direct the City Manager to modify Moorpark
Administrative Procedure No. CM -15, Agenda Processing, to
require that a copy of relevant City Council meeting agenda
reports be provided to the Moorpark Unified School District and
Moorpark College.
E. Consider Request from the Peach Hill Homeowners Association that
the City Construct a Sound Wall along Peach Hill Road Staff
Recommendation: Direct staff to send letter to the Peach Hill
HOA advising them that their request is denied.
F. Consider Appointment
Recommendation: Approve
of Moorpark Building Oi
G. Consider Request for
Recommendation: Decline
rental fees.
of New Building Official. Staff
appointment of Greg Robinson as the City
=ficial.
Waiver of Park Rental Fees. Staff
the request from Ms. Garza to waive park
The following item was pulled from the Consent Calendar for
individual consideration:
A. Consider Approval of Minutes of the June 24, 1998 Special City
Council Meeting.
Consider Approval of Minutes of the July 8, 1998 Joint City
Council and Parks and Recreation Commission Meeting.-
Consider Approval of Minutes of the August 19, 1998 Regular City
Council Meeting.
Consider Approval of Minutes of the September 2, 1998 Special
City Council Meeting. --
Consider Approval of the Minutes of the September 16, 1998
Special City Council Meeting.
Minutes of the City Council
Moorpark, California Page 18 October 7, 1998
Staff Recommendation: Approve the minutes as processed.
Mayor Hunter indicated changes were needed to the minutes
of August 19, 1998 to accurately reflect the votes on
several motions. He also indicated that he would abstain
from voting on the August 19 minutes because he did not
attend that meeting.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to approve the minutes of August 19, 1998 with
all votes amended to reflect Mayor Hunter being absent from the
meeting. The motion carried by voice vote 3 -0, Councilmember
Evans absent and Mayor Hunter abstaining.
12. ORDINANCES:
None.
13. CLOSED SESSION:
Mr. Kueny announced that the City Council would be going into
closed session for discussion of one case under Item 13.A., and
Items 13.D., 13.E., 13.F., 13.G., and 13.H. on the agenda. The
City Attorney, Ms. Kane, announced- that for the one case
proposed to be discussed under Item 13.A., the facts and
circumstances creating significant exposure to litigation
consist of a written communication threatening litigation
received from Glen M. Reiser dated October 6, 1998, regarding
the Referendum on Ordinance No. 246.
MOTION: Councilmember Wozniak moved and Councilmember Perez
seconded a motion to adjourn to Closed Session for a discussion of
one case under Item 13.A. and Items 13.D., 13.E., 13.F., 13. G., and
13.H. on the agenda. The motion carried by voice vote 4 -0,
Councilmember Evans absent. The time was 11:42 p.m.
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision
(b) of Section 54956.9 of the Government Code: (Number of
cases to be discussed - 4)
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Assistant City Manager, City Attorney, City Clerk,
City Manager, City Engineer, Chief of Police, Director of
Community Development, Director of Community Services,
Public Works Director
Minutes of the City Council
Moorpark, California Page 19
October 7, 1998
D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
City of Moorpark vs. Theresa L. Dillon
E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
The Environmental Coalition of Ventura County vs. City of
Moorpark
F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
City of Moorpark vs. Villa Del Arroyo, LTD., a limited
partnership
G. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
City of Moorpark vs. Southern California Edison, et al
H. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
Deborah S. Traffenstedt et al vs. County Board of
Supervisors
Present in closed session were all Councilmembers, except
Councilmember Evans; Steven Kueny, City Manager; Cheryl
Kane, City Attorney; John Nowak, Assistant City Manager;
Nelson Miller, Director of Community Development; and
Deborah Traffenstedt, City Clerk.
Councilmember Teasley excused herself from discussion of
the one case under Item 13.A., due to a potential conflict
of interest. The Council reconvened into open session at
11:55 p.m.; Councilmember Evans and Councilmember Teasley
absent.
Mayor Hunter announced that the Council would return to
consideration of tabled Item 10.B. pertaining to the
Referendum on Ordinance No. 246.
10. PRESENTATION /ACTION /DISCUSSION:
B. Consider Referendum Petition Against Ordinance No. 246 and
Calling a Special Election to be Held on January 12, 1999,
for Consideration of Ordinance No. 246, Adopting a
Development Agreement Between the City of Moorpark and
Hidden Creek Ranch Partners (Messenger Investment Company)
Related to the Development of Specific Plan No. 8: Hidden
Creek Ranch and an Ordinance Entitled the Moorpark Save
Open -Space and Agricultural Resources (SOAR), Including
Report Prepared Pursuant to Elections Code Section 9212 and
For Preparing the Arguments For and Against the Two
Minutes of the City Council
Moorpark, California Page 20 October 7, 1998
Referenced Ordinances. Staff Recommendation: 1) Receive
and File the Report on Moorpark Save Open -Space and
Agricultural Resources (SOAR) Initiative Measure; and 2)
Adopt Resolution Nos. 98- , 98- , 98- and 98- ,
calling and giving notice of a Special Municipal Election
on Tuesday, January 12, 1999; requesting the County Board
of Supervisors to permit the County Clerk to render
services; providing for the filing of written arguments and
directing the City Attorney to prepare an impartial
analysis; and appoint an Ad Hoc Committee to prepare an
argument in favor of Ordinance No. 246; or 3) Repeal
Ordinance No. 246 and Adopt Resolution Nos. 98- , 98- ,
989 -_, and 98- , calling and giving notice of Special
Municipal Election on Tuesday, January 12, 1999, for
submission of an ordinance to the qualified voters;
requesting the County Board of Supervisors to permit the
County Clerk to render services; providing for the filing
of rebuttal arguments; and setting priorities for filing
written arguments and directing the City Attorney to
prepare an impartial analysis; and appoint an Ad Hoc
Committee to prepare an argument against the Moorpark SOAR
measure.
-- MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to adopt Resolution No. 98 -1525, calling and
giving notice of the holding of a Special Municipal Election to
be held on Tuesday, January 12, 1999, for the submission of an
ordinance to the qualified voters. The motion carried by voice
vote 3 -0, Councilmember Evans and Councilmember Teasley absent.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to adopt Resolution No. 98 -1526, providing for
the filing of rebuttal arguments for City measures submitted at
municipal elections. The motion carried by voice vote 3 -0,
Councilmember Evans and Councilmember Teasley absent.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to adopt Resolution No. 98 -1527, setting
priorities for filing a written argument regarding a City
ordinance and directing the City Attorney to prepare an
impartial analysis. The motion carried by voice vote 3 -0,
Councilmember Evans and Councilmember Teasley absent.
MOTION: Mayor Hunter moved and Councilmember Wozniak seconded
a motion to appoint Councilmember Evans and Perez to an Ad Hoc
Committee for the preparation of a written argument in favor of
Ordinance No. 246. The motion carried by voice vote 3 -0,
Councilmember Evans and Councilmember Teasley absent.
13. CLOSED SESSION:
Minutes of the City Council
Moorpark, California Page 21
MOTION: Councilmember Wozniak movec
seconded a motion to adjourn to closed
Items 13.D., 13.E., 13.F., 13.G., and
motion carried by voice vote 3 -0,
Councilmember Teasley absent. The time
October 7, 1998
and Councilmember Perez
session for a discussion of
13.H. on the agenda. The
Councilmember Evans and
was 11:59 p.m.
Present in closed session were all Councilmembers, except
Councilmember Evans; Steven Kueny, City Manager; Cheryl Kane,
City Attorney; John Nowak, Assistant City Manager; and Deborah
Traffenstedt, City Clerk. Mr. Miller was present for discussion
of Item 13.E., only, and then left the meeting. Councilmember
Teasley excused herself from discussion of Item 13.E., due to a
potential conflict of interest.
Mr. Kueny reported that Item 13.D. was not considered and that
there was no action to report for Items 13.E., 13.F., 13.G., and
13.H.
14. ADJOURNMENT:
Mayor Hunter adjourned the meeting �t J2:29 a.
ATTEST: 7 atrick HuFi er, Mayor