HomeMy WebLinkAboutMIN 1999 0623 CC ADJMINUTES OF THE CITY COUNCIL
Moorpark, California June 23, 1999
An Adjourned Meeting of the City Council of the City of Moorpark was
held on June 23, 1999 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 7:19 p.m.
2. INVOCATION:
A silent moment of reflection was held.
3. PLEDGE OF ALLEGIANCE:
Mr. Joe Ahearn led the Pledge of Allegiance.
4. ROLL CALL:
Present: Councilmembers Evans, Harper, Rodgers, Wozniak
and Mayor Hunter.
Staff Present: Steven Kueny, City Manager; John Nowak,
Assistant City Manager; Cheryl Kane, City
Attorney; Wayne Loftus, Acting Director of
Community Development; Ken Gilbert, Director
of Public Works; Mary Lindley, Director of
Community Services; Captain Mike Lewis,
Sheriff's Department; Don Reynolds,
Administrative Services Manager; and Blanca
Garza, Deputy City Clerk.
5. PROCLAMATIONS AND COMMENDATIONS:
None.
6. PUBLIC COMMENT:
None.
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be withdrawn from the Consent Calendar shall be identified at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.)
None.
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Moorpark, California Page 2 June 23, 1999
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
None.
9. PUBLIC HEARINGS:
C. Supplemental Report Regarding Final Changes to the
Engineer's Report for AD84 -2 and Adoption of a Resolution
Confirming the Assessment Amounts for Fiscal Year
1999/2000. Continued from June 2, 1999, with Public
Hearing Closed) Staff Recommendation: 1) Make the changes
to the Engineer's Report listed in Exhibit 2A (if the
Zone 12 Ballots are opposed to the assessment, it is
recommended that the changes in Exhibit 2B be approved);
2) Make any other final desired changes to the Engineer's
Report and to the proposed assessments for FY 1999/2000;
and 3) Adopt the attached Resolution No. 99 -1626 (Exhibit
4) making certain changes to AD 84 -2 and confirming the
assessments for Fiscal Year 1999/00.
Mr. Gilbert gave the staff report.
MOTION: Councilmember Harper moved and Councilmember Rodgers
'-` seconded a motion to adopt Resolution No. 99 -1626 making
certain changes to AD 84 -2 and confirming the assessments for
Fiscal Year 1999/00. The motion carried by unanimous roll
call vote.
D. Consider Reauest by Archstone Communities for Approval of
General Plan Amendment No. 97 -3 for a Change in the Land
Use Designation of the General Plan from General
Commercial (C -2) to Very High Density Residential (VH),
Zone Change No. 97 -7 to Change the Zoning Designation of
the Property from CPD (Commercial Planned Development) to
RPD 16.2 (Residential Planned Development 16.2 Units per
Acre Maximum) Residential Planned Development Permit No.
97 -1 for Construction of 312 Apartment Units, on Property
Located on the west Side of Moorpark Avenue, South of Los
Angeles Avenue Adjacent to the Arroyo Simi (APN 506 -0-
050 -275). (Continued from June 9, 1999, with Public
Hearing Closed) Staff Recommendation: 1) Adopt Resolution
No. 99 -1628 approving General Plan Amendment No. 97 -3; 2)
Introduce Ordinance No. 258, approving Zone Change No.
97 -7, for first reading; and 3) Adopt Resolution No. 99-
1629 approving Residential Planned Development Permit No.
97 -1.
Mr. Loftus gave the staff report.
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Moorpark, California Page 3 June 23, 1999
"— MOTION: Councilmember Wozniak moved and Councilmember Harper
seconded a motion to adopt Resolution No. 99 -1628 approving
General Plan Amendment No. 97 -3. The motion carried by
unanimous voice vote.
MOTION: Councilmember Wozniak moved and Councilmember Harper
seconded a motion to adopt Resolution No. 99 -1629 approving
Residential Planned Development Permit No. 97 -1. The motion
carried by unanimous voice vote.
Mayor Hunter announced that first reading of Ordinance
No. 258 had occurred on June 16 and suggested second
reading be deferred until Item 12 on the agenda.
CONSENSUS: By consensus, the Council determined to table
second reading of Ordinance No. 258 until Item 12 on the
agenda.
E. Consider Request by Archstone Communities for Development
Agreement No. 97 -1 for Property Located on the West Side
of Moorpark Avenue, South of Los Angeles Avenue Adjacent
to the Arroyo Simi (APN. 506 -0- 050 -275). (Continued from
June 9, 1999, with Public Hearing Open) Staff
Recommendation: 1) Close the public hearing on Draft
Development Agreement 97 -1; 2) Introduce Ordinance No.
259, approving Development Agreement No. 97 -1 between the
City of Moorpark and Archstone Communities, for first
reading.
Mayor Hunter announced that first reading of Ordinance
No. 259 had occurred on June 16 and suggested second
reading be deferred until Item 12 on the agenda.
CONSENSUS: By consensus, the Council determined to table
second reading of Ordinance No. 259 until Item 12 on the
agenda.
G. Consider Certification of the Tabulation of Ballots
Received Regarding the Proposed Levy of Landscape
Maintenance Assessments upon the Properties within Zone
12 of Assessment District 84 -2 - Carlsberg Specific Plan.
Staff Recommendation: 1) Certify the tabulation of
Ballots received pertaining to the levy of assessments
within Zone 12 (Carlsberg Specific Plan area) of
Assessment District 84 -2, finding the results of said
Ballot to be in favor of said future assessment; 2)
Direct staff to include in the final amended Engineer's
Report for AD84 -2 for FY 1999/00, the assessment amounts
for Zone 12 identified in the staff report; and 3)
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Moorpark, California Page 4 June 23, 1999
Authorize the City Manager to accept for maintenance the
landscape improvements identified in Section C of this
report, upon completion of the requirements for same as
discussed in Section K of this report, provided any such
acceptance does not occur prior to July 1, 1999, and
provided a Zone 12 assessment for FY 1999/00 is levied by
the City Council.
Mr. Gilbert gave the staff report.
MOTION: Councilmember Evans moved and Councilmember Wozniak
seconded a motion to continue the item to July 21, 1999, with
the public hearing open. The motion carried by unanimous
voice vote.
AT THIS POINT in the meeting, a recess was declared to convene
the Redevelopment Agency. The time was 7:26 p.m. The Council
reconvened at 7:45 p.m.
K. Consider Resolution No. 99 -1630 Adoptinq an Operating and
Capital Improvements Budget for Fiscal Year 1999 -2000 for
the City of Moorpark. (Continued from June 9, 1999, with
Public Hearing Closed) Staff Recommendation: Adopt
Resolution No. 99 -1630 adopting an Operating and Capital
Improvements Budget for the City of Moorpark for the
Fiscal Year 1999 -2000 (ROLL CALL VOTE REQUIRED)
Mr. Nowak gave the staff report.
Councilmember Rodgers requested increasing funding for
Animal Regulations. She suggested allocating an
additional $5,000 to allow an increase in patrol hours.
Councilmember Harper indicated he would support
allocating $5,000.
Mr. Kueny stated the funding could be utilized for
directed enforcement.
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to adopt Resolution No. 99 -1630 adopting an
Operating and Capital Improvements Budget for the City of
Moorpark for the Fiscal Year 1999 -2000, amended to allocate
$5,000 to Animal Control, and as indicated in the staff
report. The motion carried by unanimous roll call vote.
Minutes of the City Council
Moorpark, California Page 5 June 23, 1999
10. PRESENTATION /ACTION /DISCUSSION:
A. Consider Adoption of City Goals and Objectives for Fiscal
Year 1999 -2000. (Continued from May 12, 1999 Adjourned
Meeting) Staff Recommendation: Adopt City Goals and
Objectives for Fiscal Year 1999 -2000.
Mr. Kueny gave the staff report.
In response to Mayor Hunter, Councilmember Harper
discussed recommendations that would come to Council
regarding day laborers.
Mayor Hunter stated a plan for relocation of the Post
Office was currently in process.
In response to Councilmember Wozniak, Mr. Gilbert stated
Objective 4 under Goal C required language modifications,
and that the referenced improvements on Los Angeles
Avenue /New Los Angeles Avenue would soon be completed in
coordination with Caltrans.
Mr. Kueny suggested referencing the added Deputy position
for the High School under Goal E. Mayor Hunter also
suggested reference to the School District for their
participation in creating the additional position.
CONSENSUS: By consensus, the Council determined to direct
staff to add an objective under Goal E stating that in
conjunction with the Moorpark Unified School District, the
City will assign a sworn police officer to the Moorpark High
School campus.
Mr. Kueny discussed Councilmember Harper's suggestion for
an employee incentive program, which could be addressed
under Goal F. Councilmember Harper stated the incentive
program could save money and would be a valuable
recruitment tool, and that he had provided an example to
the City Manager. Mr. Kueny stated staff would work on
the development of an employee incentive program.
CONSENSUS: By consensus, the Council determined to direct
staff to add an employee incentive program objective under
Goal F.
In response to Mayor Hunter, Mr. Loftus indicated a
proposal had been received from a private consultant to
update the Housing Element, as indicated under Goal F.
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Moorpark, California Page 6 June 23, 1999
Councilmember Rodgers suggested review of a canine park.
CONSENSUS: By consensus, the Council determined to direct
staff to add an objective directing staff to evaluate
feasibility and potential locations for a canine park under
Goal G.
In response to Mayor Hunter regarding Objective 4 under
Goal G, Mr. Kueny stated he would estimate the time for
removal of the billboard along Moorpark Avenue to occur
within 90 days. He stated he would provide more definite
information as a Council box item.
In response to Mayor Hunter, Mr. Kueny explained the
purpose of Objective 10 under Goal G. He stated the
Council has provided comments pertaining to the County's
program to review greenbelts and open space. He
suggested the Council provide direction to staff as to
possible action for enhancement of open space and
greenbelt areas.
In response to Councilmember Wozniak, Mr. Kueny concurred
that the objective pertaining to the prior Caltrans
maintenance yard under Goal G should be amended to
address the widening of Los Angeles Avenue.
In response to Councilmember Evans, Mr. Kueny discussed
the funds available for the widening of Los Angeles
Avenue.
Mr. Kueny requested that the Council confirm that City
entry signs were to be addressed as an objective.
CONSENSUS: By consensus, the Council determined that entry
statements should be addressed.
In response to Councilmember Harper, Mr. Kueny stated he
would review Objective No. 9 under Goal D to determine
whether any revision was required.
CONSENSUS: By consensus, the Council determined to continue
the Goals and Objectives item to July 21, 1999 for final
approval.
AT THIS POINT in the meeting, Mr. Gilbert requested the
Council reconsider Item 9.C.
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Moorpark, California Page 7 June 23, 1999
MOTION: Councilmember Evans moved and Councilmember Harper
seconded a motion to reconsider Item 9.C. The motion carried
by unanimous voice vote.
C. Supplemental Report Regarding Final Changes to the
Engineer's Report for AD84 -2 and Adoption of a Resolution
Confirming the Assessment Amounts for Fiscal Year
1999/2000. Continued from June 2, 1999, with Public
Hearing Closed) Staff Recommendation: 1) Make the changes
to the Engineer's Report listed in Exhibit 2A (if the
Zone 12 Ballots are opposed to the assessment, it is
recommended that the changes in Exhibit 2B be approved);
2) Make any other final desired changes to the Engineer's
Report and to the proposed assessments for FY 1999/2000;
and 3) Adopt the attached Resolution No. 99 -1626 (Exhibit
4) Making certain changes to AD 84 -2 and confirming the
assessments for Fiscal Year 1999/00.
Mr. Gilbert stated the Council's previous action changed
the assessment to $0. He requested the Council consider
amending the Engineer's Report to delete the Zone 13
Assessment, Campesina Park.
MOTION: Mayor Hunter moved and Councilmember Evans seconded
a motion to amend the Council's prior action to delete Zone
13. The motion carried by unanimous voice vote.
11. CONSENT CALENDAR:
None.
12. ORDINANCES
A. An Ordinance of the City Council of the City of Moorpark,
California, Approving Zone Change No. 97 -7 to Change the
Zoning Designation on Approximately 19.2 Acres of
Undeveloped Land Located Southerly of Los Angeles Avenue
on the West Side of Moorpark Avenue Adjacent to the Flood
Control Channel from CPD (Commercial Planned Development)
to RPD 16.2 (Residential Planned Development - 16.2 Units
per Acre Maximum), with the Exception of the Area along
the Southerly Portion of the Property Required to be
Dedicated to the Ventura County Flood Control District
which is to be Rezoned To OS (Open Space), on the
Application of Archstone Communities. Staff
Recommendation: Declare Ordinance No. 258 read for the
second time and adopted as read.
Mr. Kueny read the title of Ordinance No. 258.
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Moorpark, California Page 8 June 23, 1999
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to waive full reading of Ordinance No. 258.
The motion carried by unanimous voice vote.
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to declare Ordinance No. 258 read for the
second time and adopted as read. The motion carried by
unanimous voice vote.
B. An Ordinance of the City Council of the City of Moorpark,
California, Adopting a Development Agreement Between the
City of Moorpark and Archstone Communities. Staff
Recommendation: Declare Ordinance No. 259 read for the
second time and adopted as read.
Mr. Kueny read the title of Ordinance No. 259.
MOTION: Councilmember Wozniak moved and Councilmember Evans
seconded a motion to waive full reading of Ordinance No. 259.
The motion carried by unanimous voice vote.
MOTION: Councilmember Wozniak moved and Councilmember Evans
seconded a motion to declare Ordinance No. 259 read for the
second time and adopted as read. The motion carried by
unanimous voice vote.
13. CLOSED SESSION:
Mr. Kueny announced that the City Council would be going into
closed session for discussion of Items 13.C., 13.K., and 13.L.
on the agenda.
MOTION: Councilmember Evans moved and Councilmember Wozniak
seconded a motion to adjourn to closed session for a
discussion of Item 13.C., 13.K., and 13.L. on the agenda. The
motion carried by unanimous voice vote. The time was 8:10
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)
Minutes of the City Council
Moorpark, California Page 9 June 23, 1999
—' 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
D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
The Environmental Coalition of Ventura County vs. City of
Moorpark and City Council of the City of Moorpark (Case
No. SCO21825)
E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
The Environmental Coalition of Ventura County vs. City of
Moorpark and City Council of the City of Moorpark (Case
No. SCO22256)
F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
Villa Del Arroyo, LTD., a limited partnership vs. City of
Moorpark
G. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
Hidden Creek Ranch, LP, a California Limited Partnership
vs. The City of Moorpark and to Real Parties in Interest:
Clint Harper, Roseann Mikos, Andrew Prokopow, and
Committee to Qualify Hidden Creek Referendum Controlled
by Clint Harper and Roseann Mikos (Case No. SCO21959)
H. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
Hidden Creek Ranch, LP, a California Limited Partnership
and Messenger Investment Company, Inc., a California
Corporation vs. The City of Moorpark and City Council of
the City of Moorpark
I. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
The Environmental Coalition of Ventura County vs. City of
Moorpark, the City Council of the City of Moorpark, and
Ventura Local Agency Formation Commission (Case No.
SCO23378)
J. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
Alice Rowan vs. City of Moorpark (Case No. SH089680)
Minutes of the City Council
Moorpark, California Page 10 June 23, 1999
K. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)
Agency Designated Representative: Steven Kueny
Employee Organization: Service Employees International
Union, AFL -CIO, CLC, Local 998
L. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)
Agency Designated Representative: Steven Kueny
Unrepresented employees: Assistant City Manager,
Administrative Services Manager, City Clerk, Director of
Community Development, Director of Community Services,
Director of Public Works, Finance /Accounting Manager,
Planning Manager, Principal Planner, Recreation
Superintendent, and Senior Management Analyst
Present in closed session were all Councilmembers and Steven
Kueny, City Manager.
The Council reconvened into open session at 10:04 p.m. Mr.
Kueny announced that there was no action to report and that
only Items 13.C., 13.K., and 13.L. had been discussed.
14. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 10:04 p.m.
ATTEST:
GE
Deborah S. Traffenste�t
City Clerk