HomeMy WebLinkAboutMIN 2002 1002 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California October 2, 2002
A Regular Meeting of the City Council of the City of Moorpark
was held on October 2, 2002, 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 6:40 p.m.
2. INVOCATION:
Mayor Hunter requested a silent moment of reflection.
3. PLEDGE OF ALLEGIANCE:
Councilmember Millhouse led the Pledge of Allegiance.
4. ROLL CALL:
Present: Councilmembers Harper, Mikos, Millhouse,
Wozniak and Mayor Hunter.
Staff Present: Steven Kueny, City Manager; Mary Lindley,
Community Services Director; Barry Hogan,
Community Development Director; Walter
Brown, City Engineer; Captain Robert LeMay,
Sheriff's Department; Johnny Ea, Budget and
Finance Manager; Paul Porter, Principal
Planner; Laura Stringer, Senior Management
Analyst; Nancy Burns, Senior Management
Analyst; Deborah Traffenstedt, Assistant to
City Manager /City Clerk.
5. PROCLAMATIONS AND COMMENDATIONS:
A. Proclamation Recognizing Mental Illness Awareness
Week, October 6 - 12, 2002.
Mayor Hunter read the proclamation. Sonna Gray,
representing the National Alliance for the Mentally
Ill, was present to accept the proclamation.
Ms. Gray thanked the City for the proclamation.
B. Proclamation Recognizing Ventura County Arts Week and
Arts Day in California, October 4, 2002.
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October 2, 2002
Mayor Hunter read the proclamation and presented it to
Margarita Riley. Ms. Riley thanked the City for the
proclamation.
C. Recognize New City Employee, Johnny Ea, Budget and
Finance Manager.
Mayor Hunter provided a summary of Mr. Ea's experience
and welcomed him as a new employee to the City of
Moorpark.
6. PUBLIC COMMENT:
Moustafa Elgamiel, Moorpark resident, requested that the
Council reconsider his claim for damages from a soccer ball
that hit his vehicle as he was traveling on Collins Drive
adjacent to the City's park. He explained that the fencing
around the park does not adequately protect the public from
future incidents.
AT THIS POINT in the meeting, Mayor Hunter noted that the
regular Redevelopment Agency meeting had been cancelled.
7. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
Councilmember Mikos requested that Item ll.F be pulled from
the Consent Calendar for individual consideration.
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Mikos reported that Santa Monica Mountains
Conservancy's (SMMC) portion of Proposition 40 funding was
being distributed over several years, so that the year one
distribution amount was well below what was anticipated.
She further reported that SMMC is recommending that other
jurisdictions consider working together with SMMC to
perhaps pool their resources to develop the best way to
utilize these limited funds. Councilmember Mikos requested
that City staff contact SMMC staff and provide input on how
the Proposition 40 funds could benefit the City of Moorpark
with regard to acquisition of open space and related
programs.
Councilmember Mikos announced a Happy Camp Canyon Regional
Park hike on October 13, from 2:00 p.m. to 5:00 p.m. She
also announced a Jazz beneath the Trees fundraising event
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sponsored by the Commission on Human Concerns on October 5,
from 2:00 p.m. to 6:00 p.m.
Mayor Hunter announced the upcoming City Halloween party
and Trick or Treat Village at Arroyo Vista Recreation on
October 26, from 4:00 p.m. to 6:00 p.m.
9. PUBLIC HEARINGS:
A. Consideration Amending Fiscal Year 2002 -2003 Annual
Action Plan of Ventura County Community Development
Block Grant (CDBG) Fiscal Year 2000 -2005 Consolidated
Plan to Include Theater on High Project; Consider
Adoption of Resolution No. 2002- to Apply for
Section 108 Loan for Theater on High Project for
$500,000 from the U. S. Department of Housing and
Urban Development (HUD) for Furnishings, Fixtures, and
Equipment (FF &E) for the Theater at 45 East High
Street and for the Acquisition of 11 -17 East High
Street; and Consider Approving Agreement Between City
of Moorpark and Janss IV Recreation for Theater on
High Project. (Continued with public hearing open from
September 18, 2002 meeting.) Staff recommendation:
Continue the public hearing to October 16, 2002.
Mr. Kueny gave the staff report.
Mayor Hunter stated that the public hearing was still
open.
MOTION: Councilmember Harper moved and Councilmember Mikos
seconded a motion to continue this item, with the public
hearing open, to October 16, 2002. The motion carried by
unanimous voice vote.
B. Consider an Ordinance Amending Moorpark Municipal Code
Title 15 - Building and Construction, by Amending
Chapters 15.04, 15.08, 15.12, 15.14, 15.16, 15.18, and
15.20; Adopting By Reference and Amending the Current
Editions of Certain Model Codes. Staff Recommendation:
1) Open the public hearing, accept public testimony,
and close the public hearing; and 2) Introduce
Ordinance No. 289 for first reading, amending Title 15
of the Moorpark Municipal Code by amending Chapters
15.04, 15.08, 15.12, 15.14, 15.16, 15.18, and 15.20,
and adopting by reference and amending the current
editions of certain model codes.
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Ms. Stringer gave the staff report. She noted that
the City Engineer has recommended that Section 3704.1
SURFACE WATER be amended to read, "Surface water from
pool decks shall be collected and conducted through
non - erosive devices to an area suitable and in
conformance with the National Pollution Elimination
Systems Regulations (NPDES)."
In response to Councilmember Harper, Mr. Brown
explained that a dry well is a well that is filled
with an aggregate, such as broken rock, and used as a
seepage pit.
Mayor Hunter closed the public hearing.
Ms. Traffenstedt read the title of Ordinance No. 289.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to waive further reading of
Ordinance No. 289. The motion carried by unanimous voice
vote.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to introduce Ordinance No. 289
for first reading. The motion carried by unanimous voice
vote.
10. PRESENTATION /ACTION /DISCUSSION:
A. Consider Proposed Sian Proaram for Commercial Planned
Development Permit No. 2001 -01 (Moorpark Marketplace -
357,621 Square Foot Commercial Center) Located South
of New Los Angeles Avenue, East of Miller Parkway and
West of the SR -23 Freeway on the Application of Zelman
Retail Partners, Inc. (Continued from September 18,
2002 meeting.) Staff recommendation: Approve the
Master Sign Program subject to the staff recommended
modifications.
Mr. Porter gave the staff report. He presented a
video depicting the proposed sign at heights of
seventy -eight (78) feet and thirty -eight (38) feet.
He summarized staff's recommended revisions to the
Master Sign Program.
In response to Councilmember Millhouse, Mr. Porter
discussed the height and width of the freeway- oriented
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pylon sign and referred a question regarding the size
of the Target sign to the applicant to answer.
Thomas Vachet, a Moorpark resident, said he moved to
Moorpark for its rural quality and environmental
excellence, and expressed his concern about the size
of the pylon sign being the tallest commercial sign in
Ventura County.
Craig M. Parker, a Moorpark resident, spoke in
opposition to the 78 -foot high sign, and urged the
Council to preserve the quality of life in Moorpark.
Lise Houston, a Moorpark resident, said that the sign
was not necessary and that its presence would degrade
the value of Moorpark. She stated there is currently
a beautiful view of the hills. She noted that no
other retail establishment required such a sign along
State Route 23 or Highway 118 in Ventura County.
Pierce Verleur, a Moorpark resident, said that he
would like to have a nice center but did not want to
emulate the San Fernando Valley. He asked the Council
to preserve the aesthetics of the City.
Randy Potts, representing Superior Signs in Long
Beach, and Brian Wolfe, representing P & R Architects,
111 W. Ocean Blvd., 21St Floor, Long Beach, responded
to Councilmember Millhouse's questions regarding the
appearance and dimensions of the freeway- oriented
pylon sign.
Robert Exel, representing Zelman Retail Partners, 515
South Figueroa, Suite 1230, Los Angeles, discussed
alternatives that were looked at and stated that
Target will not sign a purchase agreement until the
freeway- oriented pylon sign is approved.
In response to Councilmember Millhouse, Mr. Wolfe
described the signage proposed in conjunction with the
food court and fountain.
Councilmember Millhouse stated that as proposed, a
fountain with advertising does not constitute art.
In response to Councilmember Mikos, Mr. Wolfe stated
that the scaffolding near the fountain was not part of
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the art project, and that the signage was shown on the
arches.
Councilmember Mikos recommended that the font type for
the signage have more attractive lettering.
In response to Councilmember Mikos, Mr. Porter
confirmed that the development would comply with the
Lighting Ordinance for the Carlsberg Specific Plan, as
amended.
In response to Councilmember Mikos, Mr. Wolfe stated
that Caltrans requires fencing adjacent to State Route
23, but that they would build decorative fencing next
to the pylon sign. Mr. Brown explained that Caltrans
looks at what the local jurisdiction wants regarding
fencing.
In response to Councilmember Mikos, Mr. Exel stated
that only the Kohl's store was guaranteed at this
time. He stated that if Target backs out, other
tenants would not sign their leases. He stated that a
less elaborate sign could be built, but that it
wouldn't be as attractive. He agreed with Mr. Wolfe
that he believed Caltrans would approve a fence
change.
Councilmember Wozniak expressed concern relative to
the size of the sign and the apparent insistence by
the prospective tenants for the sign.
In response to Councilmember Wozniak, Mr. Exel stated
that Target has consistently stated since day one that
they had to have this sign. Mr. Wolfe explained that
the site was unusual because of the low elevation
relative to the freeway, which minimized visibility.
Mr. Exel discussed problems with alternative sign
locations.
In response to Councilmember Harper, Mr. Wolfe
described how a wider and shorter pylon sign would
look.
Councilmember Mikos expressed concern that the wider
and shorter design would look like a billboard.
Mayor Hunter reiterated Councilmember Wozniak's
concerns, and said he must consider the interests of
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Moorpark not the prospective tenants. He noted that
there were no depictions of the sign at street level,
from nearby residential neighborhoods, or at
nighttime. Mayor Hunter stated that he could not
support this level of signage and strongly encouraged
the Council to refer the item back to the Council Ad
Hoc Committee.
Mr. Excel stated that he believed the Council approved
the freeway- oriented pylon sign height and location in
conjunction with the third amendment to the settlement
agreement.
Councilmember Millhouse advised that the Council
should discuss this particular issue with the City
Attorney before further deliberation.
Mr. Kueny agreed that the matter should be discussed
with the City Attorney and suggested that the item be
continued for two weeks.
Councilmember Harper expressed concern that without a
consensus on the height, the Ad Hoc Committee could
not make a different recommendation.
In response to the Council's concerns, Mr. Kueny
suggested tabling the item and recommended a telephone
conversation with the City Attorney in closed session
due to a threat of litigation.
CONSENSUS: By consensus, the Council agreed to table the
item to determine if a conference call could be arranged
with the City Attorney.
B. Consider a Resolution Ratifying the Implementation of
Appendix VII of Ventura County Fire Protection
District Ordinance 24 within Jurisdictional Boundaries
of the City of Moor
Approve Resolution No.
County Fire Protection
Appendix VII pertaining
application within the
the City of Moorpark.
)ark. Staff Recommendation:
2002 -2010 ratifying Ventura
District Ordinance No. 24,
to building standards for
jurisdictional boundaries of
Ms. Stringer gave the staff report.
In response to Councilmember Harper, Diane Morgan,
County Fire Marshall, stated that the ordinance has
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October 2, 2002
not been changed in regard to allowing homeowners to
add 50% of the existing square footage to their homes
without installing sprinklers.
In response to Councilmember Mikos, Ms. Morgan
confirmed that new construction of 5,000 square feet
or more would require sprinklers.
MOTION: Councilmember Millhouse moved and Councilmember
Harper seconded a motion to approve Resolution No. 2002-
2010, ratifying Ventura County Fire Protection District
Ordinance No. 24, Appendix VII pertaining to building
standards for application within the jurisdictional
boundaries of the City of Moorpark. The motion passed by
unanimous voice vote.
AT THIS POINT in the meeting, Mayor Hunter announced that Item
10.C. would be deferred until after the Consent Calendar.
11. CONSENT CALENDAR:
MOTION: Councilmember Mikos moved and Councilmember Wozniak
seconded a motion to approve the Consent Calendar with the
exception of Item No. 11.F., which was pulled for individual
consideration. The motion carried by unanimous roll call vote.
A. Consider Approval of Minutes of Regular Meeting of
March 20, 2002.
Consider Approval of Minutes of Regular Meeting of
June 5, 2002.
Staff Recommendation: Approve minutes as processed.
B. Consider Approval of Warrant Register for Fiscal Year
2002 -2003 - October 2, 2002.
Manual Warrants
Payroll Liability
Warrants
Regular Warrants
110550 - 110550 &
110641 - 110642
110643 - 110650
110651 - 110744
110745 - 110767
$ 1,204.31
$ 69,472.60
$ 13,052.37
$ 22,337.55
$211,580.01
Staff Recommendation: Approve the warrant register.
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October 2, 2002
C. Consider Authorizing the Sale of 6479 Penn Avenue #B.
Staff Recommendation: 1) Approve Resolution No. 2002-
2011, authorizing the sale of 6479 Penn Avenue, Unit
#B, Moorpark, for fair market value, and no less than
$218,745, plus estimated costs of sale; 2) Direct the
City Manager to approve reconveyance of the City's
interest in this property; and 3) Direct staff to
publish notice of a public hearing to be held November
6, 2002, to consider reallocating funds realized from
the sale of this property.
D. Consider Approval of Disposal of Surplus Computer and
Related Equipment. Staff Recommendation: Staff
recommends that the City Council adopt Resolution No.
2002 -2012 declaring computer equipment surplus.
E. Consider Adoption of a Resolution Amending the FY
2002/03 Budget to Cover Final Project Costs and
Authorize Recordation of the Notice of Completion for
the Construction of the AVCP Phase II
Restroom /Storage /Concession Facility Project. Staff
Recommendation: 1) Adopt Resolution No. 2002 -2013
amending the FY 2002/03 budget by appropriating an
additional $30,000 from the Park Improvement Fund -
Community Zone; 2) Accept the work as complete; 3)
Authorize the City Clerk to file the Notice of
Completion for the project; and 4) Authorize the
release of the balance of payment, due upon
satisfactory clearance and 35 days after Notice of
Completion records and completion of close -out
contractual obligations on the part of the contractor.
G. Consider Art in Public Places Project for CUP No. 94 -1
(Moorpark Country Club Estates) . Staff Recommendation:
Approve the Toll Brothers' Art in Public Places
project as submitted.
H. Consider Rejection of Claim: Moustafa Elgamiel. Staff
Recommendation: Reject the claim and direct staff to
send a standard rejection letter to the claimant.
I. Consider Adoption of Resolution Revising
Administrative Fees for Towing of Vehicles and
Rescinding Resolution No. 97 -1298. Staff
Recommendation: Adopt Resolution No. 2002 -2014.
J. Consider a Request for the Reduction of Sureties for
Tract Improvements and Refund of a Cash Bond for
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Street Repairs Associated with Tract 5201 (Wilshire
Builders, Inc.). Staff Recommendation: 1) Authorize
the City Clerk to reduce surety #SD00076748,
SD00076749, SD00076750, and SD00076751 as outlined in
the agenda report; 2) Authorize the City Clerk to
refund the cash surety for street repairs in the
amount of $25,703.37 to Wilshire Builders; and 3)
Authorize the City Clerk to fully exonerate all surety
bonds held by the City for Tract 5201 one year after
this approval of the reduction of surety bonds and
upon written confirmation from the City Engineer that
no warranty work is required.
K. Consider Adoption of a Resolution Directing the
Planning Commission to Hold a Public Hearing and
Provide a Recommendation on a General Plan Amendment
and Zone Change on 0.33 Acres Located at the Northwest
Corner of Los Anaeles Avenue and Millard Street. Staff
Recommendation: Adopt Resolution No. 2002 -2015,
directing the Planning Commission to study a potential
General Plan Amendment and Zone Change at the
northwest corner of Los Angeles Avenue and Millard
Street and provide a recommendation to the City
Council.
L. Consider Solid Waste Franchise Extension. Staff
Recommendation: Approve an extension of the City's
Franchise Agreements with Moorpark Rubbish Disposal
and GI Industries through October 31, 2002, and
authorize the City Manager to execute the extension.
M. Consider Resolution Adopting Revised Rules of
Procedure for Council Meetings and Related Functions
and Activities and Rescinding Resolution No. 99 -1613.
Staff Recommendation: Adopt Resolution No. 2002 -2016.
The following item was pulled from the Consent Calendar for
individual consideration:
F. Consider Resolution Authorizing the City's FY 2002/03
Transportation Development Act Claim. Staff
Recommendation: Adopt Resolution No. 2002 -2017
authorizing the FY 2002/2003 TDA claim for the City of
Moorpark and authorizing the City Manager to sign the
claim for submittal to VCTC.
Councilmember Mikos explained that she wanted the
public to know that the funds were used for various
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Moorpark, California Page 11 October 2, 2002
items and programs such as the senior citizen dial -a-
ride, new bus stop signs, new bus shelters, summer
beach bus, two fixed route systems, new buses,
Metrolink maintenance, and the Country Days bus.
MOTION: Councilmember Mikos moved and Councilmember Wozniak
seconded a motion to adopt Resolution No. 2002 -2017
authorizing the FY 2002/2003 TDA claim for the City of
Moorpark and authorizing the City Manager to sign the claim
for submittal to VCTC. The motion carried by unanimous
voice vote.
AT THIS POINT in the meeting, Mayor Hunter requested a motion
for closed session to discuss under Item 13.A. the threat of
litigation pertaining to Item 10.A.
MOTION: Councilmember Millhouse moved and Councilmember
Mikos seconded a motion to adjourn to Closed Session to
confer with legal counsel under Item 13.A., one case,
pertaining to Item 10.A. The motion carried by unanimous
voice vote. The time was 8:42 p.m.
Mr. Kueny announced that the facts and circumstances
creating significant exposure to litigation, which
facts and circumstances are known to potential
plaintiffs, consist of a verbal threat of litigation
from Robert Exel pertaining to the Third Amendment to
the Settlement Agreement between the City of Moorpark
and Conejo Freeway Partners.
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)
Present in Closed Session were all Councilmembers;
Steven Kueny, City Manager; Joseph Montes, City
Attorney (via telephone conference call); Barry Hogan,
Community Development Director; and Deborah
Traffenstedt, Assistant to the City Manager /City
Clerk.
The Council reconvened into open session at 9:25 p.m.
Mayor Hunter stated that Item 10.A. was discussed in
closed session under Item 13.A. Mr. Kueny stated that
there was no action to report.
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AT THIS POINT in the meeting, Mayor Hunter announced that the
Council would continue its discussion of Item 10.A and the
remaining agenda items.
10. PRESENTATIONS /ACTIONS /DISCUSSION:
A. Consider Proposed Sian Proaram for Commercial Planned
Development Permit No. 2001 -01 (Moorpark Marketplace -
357,621 Square Foot Commercial Center) Located South
of New Los Angeles Avenue, East of Miller Parkway and
West of the SR -23 Freeway on the Application of Zelman
Retail Partners, Inc. (Continued from September 18,
2002 meeting.) Staff recommendation: Approve the
Master Sign Program subject to the staff recommended
modifications.
In response to Mayor Hunter, Mr. Wolfe stated that he
had sketched an alternative sign that was
approximately 55 feet in total height and 42 feet in
width. He agreed to incorporate the arch features
into the sign's design. Mr. Wolfe confirmed that he
could create renditions of the sign in time for a
special City Council meeting next week.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to continue Item 10.A. to
Tuesday, October 8, 2002, at 6:30 p.m. The motion carried
by unanimous voice vote.
C. Consider Cancellation of Special Meeting Scheduled for
October 9, 2002 and Rescheduling of Agenda Items.
Staff Recommendation: Direct staff as deemed
appropriate.
Mr. Kueny gave the staff report and suggested a
special meeting be held on October 30, 2002, that
would not be televised.
CONSENSUS: By consensus, the Council determined to cancel
the special meeting scheduled for October 9, and reschedule
the special meeting to October 30, at 6:30 p.m., for a
workshop session to review concept design recommendations
for the Police Services Center and for discussion of a
State Route 23 study.
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12. ORDINANCES:
A. Consider Ordinance No. 286, an Ordinance of the Cit
of Moorpark, California, Amending Chapter 17.30 of the
Moorpark Municipal Code Related to Lighting
Regulations. Staff Recommendation: Declare Ordinance
No. 286 read for the second time and adopted as read.
Ms. Traffenstedt read the title of Ordinance No. 286.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to waive further reading of
Ordinance No. 286. The motion carried by unanimous voice
vote.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to declare Ordinance No. 286 read
for a second time and adopted as read. The motion carried
by unanimous voice vote.
B. Consider Ordinance No. 287, an Ordinance of the Cit
of Moorpark, California, Approving Zone Change No.
2002 -03 to Align Zone Boundaries with Lot Lines in
Vesting Tentative Tract Map No. 4928 and to Allow for
a Lot Line Adjustment for the Development of a Water
Tank Site for the Moorpark Country Club Estates.
Staff Recommendation: Declare Ordinance No. 287 read
for the second time and adopted as read.
Ms. Traffenstedt read the title of Ordinance No. 287.
MOTION: Councilmember Wozniak moved and Councilmember
Harper seconded a motion to waive further reading of
Ordinance No. 287. The motion carried by unanimous voice
vote.
MOTION: Councilmember Wozniak moved and Councilmember
Harper seconded a motion to declare Ordinance No. 287 read
for a second time and adopted as read. The motion carried
by unanimous voice vote.
C. Consider Ordinance No.
of Moorpark, California
Chapter 12.16, Parks, o
and Public Places, of
Staff Recommendation:
for the second time and
288, an Ordinance of the Cit
Amending Section 12.16.050 of
Title 12, Streets, Sidewalks,
the Moorpark Municipal Code.
Declare Ordinance No. 288 read
adopted as read.
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Moorpark, California Page 14 October 2, 2002
Ms. Traffenstedt read the title of Ordinance No. 288.
MOTION: Councilmember Wozniak moved and Councilmember
Harper seconded a motion to waive further reading of
Ordinance No. 288. The motion carried by unanimous voice
vote.
MOTION: Councilmember Wozniak moved and Councilmember
Harper seconded a motion to declare Ordinance No. 288 read
for a second time and adopted as read. The motion carried
by unanimous voice vote.
13. CLOSED SESSION:
No additional closed session was held.
14. ADJOURNMENT:
MOTION: Councilmember Harper moved and Councilmember Mikos
seconded the motion to adjourn the meeting to Tuesda , October
8, 2002, at 6:30 p.m. The moti ried u n'mous voice
vote. The time was 9:33 p.m.
ATTEST:
Deborah S. Traffenste
City Clerk
ricx tiger, Mayor