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HomeMy WebLinkAboutMIN 1999 1103 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California November 3, 1999 A Regular Meeting of the City Council of the City of Moorpark was held on November 3, 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 6:51 p.m. 2. INVOCATION: Pastor Errol Hale, Shiloh Community Church, led the invocation. 3. PLEDGE OF ALLEGIANCE: Moorpark Cub Scout Pack 3605 did a presentation of colors and 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, Director of Community Development; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Dirk Lovett, Assistant City Engineer; Captain Mike Lewis, Sheriff's Department; Deborah Traffenstedt, City Clerk; and La -Dell VanDeren, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Introduce New City Employees, Mike Mathews and Kim Chudoba, Senior Management Analysts. Mayor Hunter introduced the new City employees. B. Introduce New Moorpark Deputy Sheriff, Juan Ponce. Mayor Hunter introduced Moorpark Deputy Sheriff, Juan, Ponce, as the new Moorpark High School Resource Officer. Minutes of the City Council Moorpark, California Page 2 November 3, 1999 C. Presentation of Neighborhood Night Out Project Award to Buttercreek I HOA. Mayor Hunter presented the award to Gary Lowenberg, President of the Buttercreek I Homeowners Association (HOA) . 6. PUBLIC COMMENT: Ron LaGuardia, 443 Pine Ridge Court, President of the Moorpark Rotary, introduced Steve Sills, who presented a check for $10,000 to Mayor Hunter as the Rotary Club's donation towards the Moorpark High School Resource Officer funding. Mayor Hunter accepted the check and thanked the Rotary Club for its donation. Gerald Goldstein, 11932 Los Angeles Avenue, commented on the need for Southern California Edison Company to provide backup generator services in case of power outages. June Dubreuil, 4236 Laurel Glen Drive, Parks and Recreation Commissioner suggested that the City collaborate with the Moorpark Rotary to obtain a Welcome to Moorpark entry sign. She also stated that the Parks and Recreation Commission supported a July 3, 2000 fireworks event and suggested that volunteers be sought to keep the cost low. Linda Kline, 4305 Cloverdale Street, stated that she lives adjacent to the Edison easement in the Peach Hill area and that she has never had any problems with Performance Nursery. She also stated that the nursery is an appropriate use for the property. Patty McWaters, 505 Poli Street, Ventura, consultant to County Childcare Council, spoke in support of planning for childcare and informed the Council of a workshop planned for December 9 on the Future of Childcare. In response to Councilmember Evans, she stated that a needs assessment will be sent out in the next few weeks that will show the childcare needs for Moorpark. 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 a t this time.) None. Minutes of the City Council Moorpark, California Page 3 November 3, 1999 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter announced that a survey had been mailed to everyone in the City this week regarding current and future cable television services, and he requested that residents and business owners complete the survey and mail it back to the City by November 19. 9. PUBLIC HEARINGS: A. Consider Residential Planned Development Permit 99 -1 and Tentative Tract 5181 to Permit Development of Eight (8) Single Family Homes, and to Create Eight (8) Residential Lots on the East Side of Bard Street and West Side of Millard Street, Adjacent to Flory School on the Application of Manual Asadurian (Assessor Parcel No. 512- 0- 131 -070). (CONTINUED OPEN PUBLIC HEARING FROM OCTOBER 6, 1999.) Staff Recommendation: Continue Residential Planned Development 99 -1 and Tentative Tract Map No. 5181 to December 1, 1999. Mr. Loftus gave the staff report. He stated that the applicant requested a continuance to December 1. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no public speakers. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to continue the open public hearing for Residential Planned Development 99 -1 and Tentative Tract Map No. 5181 to December 1, 1999. The motion carried by unanimous voice vote. B. Consider the Tax Equity Fiscal Responsibility Act (TEFRA) Hearing Related to the Villa Del Arroyo Mobilehome Park. Staff Recommendations: (1) Open the public hearing and take testimony from the public; (2) Close the public hearing; and (3) Approve a motion that the TEFRA requirement of the IRS has been met and public comments have been duly recorded. Mr. Nowak gave the staff report and recommended that the public hearing be opened and then continued to November 17, 1999. Mayor Hunter opened the public hearing. Rosalee Gehres, 15750 East Los Angeles Avenue, No. 99, stated that she was available to answer questions. Minutes of the City Council Moorpark, California Page 4 November 3, 1999 Howard Pompel, 15750 East Los Angeles Avenue, No. 98, stated that the residents of the Villa Del Arroyo Mobilehome Park were appreciative of the Council's support. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to continue the open TEFRA public hearing to November 17, 1999. The motion carried by unanimous voice vote. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider 3rd of July Fireworks Event and Adopt Resolution No. 99 -1673, Amending the FY 1999/2000 Budget by Allocating Funds for the Event. Staff Recommendation: 1) Approve a 3r of July Fireworks Event and the proposed budget ($20,000), as outlined in the Agenda Report; and 2) Adopt Resolution No. 99 -1673, amending the FY 1999/2000 Budget by allocating $10,000 from the General Fund Reserve Balance (1000) to the Event. (ROLL CALL VOTE REQUIRED.) Ms. Lindley gave the staff report. In response to Councilmember Rodgers, Ms. Lindley stated that the last two 3rd of July events were financed by donations to the City and City funding, and that the Chamber of Commerce had helped with the insurance and security. She concurred with Councilmember Rodgers that the participation of community groups should be encouraged. Councilmember Wozniak stated that an advisory committee is important, including for fund raising, and that there must be a plan. Councilmember Harper suggested that an ad hoc committee should be formed to work on the planning for the 3rd of July event as well as other community events, such as Country Days. He commented that there was a need to instill enthusiasm for the community events. He suggested including a carnival. Mr. Kueny stated that this agenda item was intended to allow planning for the 3rd of July event to move forward. He also stated that a carnival could be incorporated for this event. Minutes of the City Council Moorpark, California Page 5 November 3, 1999 Councilmember Wozniak stated that he concurred with Councilmember Harper, but suggested moving forward with the staff recommendation and setting up a committee to start working on the 3rd of July event. He stated that the other community events could be addressed at a later time. He volunteered to be on the committee. Mr. Kueny stated that his understanding was that the advisory committee would be coordinated by staff and suggested including Councilmember Wozniak and at least one Parks and Recreation Commissioner. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to approve a 3rd of July Fireworks Event and the proposed budget ($20,000), and adopt Resolution No. 99- 1673, amending the FY 1999/2000 Budget by allocating $10,000 from the General Fund Reserve Balance (1000) to the Event; and the Council authorized a staff directed advisory committee and consideration of a carnival for the 3rd of July event. The motion carried by unanimous roll call vote. B. Consider Resolution No. 99 -1674 Conditionally ADDrovin Minor Modification No. 1 to Industrial Planned Development Permit No. 95 -1 Requesting Revisions to Building No. 3 from 72,000 Square Foot Footprint to 63,782 Square Foot Footprint with a 8,218 Square Foot Mezzanine, and Addition of a Two -Story Architectural Element Located at 549 Endeavor Court at the Southerly Terminus of Endeavor Court South of Poindexter Avenue (Applicant: Poindexter Properties, LLC). Staff Recommendation: Adopt Resolution No. 99 -1674 conditionally approving Minor Modification No. 1 to Industrial Planned Development Permit No. 95 -1. Mr. Loftus gave the staff report. MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to adopt Resolution No. 99 -1674 conditionally approving Minor Modification No. 1 to Industrial Planned Development Permit No. 95 -1. The motion carried by unanimous voice vote. In response to Councilmember Harper, Mr. Kueny stated that if the Council wanted to discuss the Minor Modification approval process, then it would be appropriate to schedule this matter on a future agenda to allow Council discussion. Minutes of the City Council Moorpark, California Page 6 November 3, 1999 C. Consider Appointment of Channel Counties Division Representatives to League of Cities Policy Committees. Staff Recommendation: Direct staff as deemed appropriate. In response to Mayor Hunter, Councilmember Wozniak stated that he would like to serve on the Transportation, Communications, and Public Works Policy Committee. CONSENSUS: By consensus, the Council directed staff to prepare a letter stating that the City Council was requesting that Councilmember Wozniak be appointed as a Channel Counties Division representative to the League of Cities Transportation, Communications, and Public Works Policy Committee. 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. 12. ORDINANCES: None. 13. CLOSED SESSION: The City Attorney announced that one case under Item 13.A. and Items 13.C., 13.D., 13.I., and 13.K. were to be discussed in closed session. The City Attorney announced that the facts and circumstances creating significant exposure to litigation, which facts and circumstances are known to potential plaintiffs, consist of imposition of a traffic management systems contributory fee on Tract 4980. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to adjourn to closed session for a discussion of one case under Item 13.A. and Items 13.C., 13.D., 13.I., and 13.K. The motion carried by unanimous voice vote. A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) Minutes of the City Council Moorpark, California Page 7 November 3, 1999 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) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO21825) D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO22256) E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, LTD. vs. City of Moorpark (Case No. SCO23052) F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, LTD., a limited partnership vs. City of Moorpark (Case No. SCO21503) G. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, a limited partnership, dba Villa Del Arroyo Mobilehome Park vs. City of Moorpark, California Department of Transportation, and Ventura County Flood Control District (Case No. SC 022015) H. 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) I. 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 (Case No. SCO23388) Minutes of the City Council Moorpark, California Page 8 November 3, 1999 J. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: Arroyo Vista Community Park, 4550 Tierra Rejada Road, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark, Southern California Edison, and Performance Nursery Under Negotiation: Price and terms of payment K. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: 798 Moorpark Avenue, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Laszlo B. Kovacs Under Negotiation: Price and terms of payment Property: 285 High Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Randall - Tracy Marsh Under Negotiation: Price and terms of payment Property: 297 High Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Randall - Tracy E. Marsh Under Negotiation: Price and terms of payment Property: 661 Magnolia Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Estella Betancourt Under Negotiation: Price and terms of payment AT THIS POINT in the meeting, a recess was declared to convene the Special Redevelopment Agency meeting. The time was 7:55 p.m. The Council reconvened into open session at 8:10 p.m. Mr. Kueny stated in open session that Item 13.B. would also need to be discussed in closed session. MOTION AMENDMENT: Councilmember Evans and Councilmember Harper agreed to an amendment to the Closed Session motion to include Item 13.B. The amendment was approved by unanimous voice vote to adjourn to closed session for a discussion of one case under Item 13.A. and Items 13.B., 13.C., 13.D., 13.I., and 13.K. Minutes of the City Council Moorpark, California Page 9 November 3, 1999 The City Council reconvened into closed session at 8:11 p.m. Present in closed session were all Councilmembers: Steven Kueny, City Manager; Cheryl Kane, City Attorney; John Nowak, Assistant City Manager; Wayne Loftus, Director of Community Development; and Deborah Traffenstedt, City Clerk. Mr. Loftus left the meeting at 8:44 p.m. The Council reconvened into open session at 9:09 p.m. Mr. Kueny stated that one case under Item 13.A. and Items 13.B., 13.C., 13.D., 13.I., and 13.K. were considered, and that Councilmember Rodgers did not participate in the discussion for Items 13.C., 13.D., and 13.I. He also stated that there was no action to report. 14. ADJOURNMENT: Mayor Hunter adjourned the meeting at 9:10 p.m. ATTEST: '�EyV"r�, S. I P - Deborah S. TraffenstLvdt City Clerk