HomeMy WebLinkAboutMIN 2002 1218 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California December 18, 2002
A Regular Meeting of the City Council of the City of Moorpark
was held on December 18, 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 6:50 p.m.
2. PLEDGE OF ALLEGIANCE:
Barry Hogan, Community Development Director, led the Pledge
of Allegiance.
3. ROLL CALL:
Present: Councilmembers Harper, Mikos, Millhouse,
Parvin, and Mayor Hunter.
Staff Present: Steven Kueny, City Manager, Hugh Riley,
Assistant City Manager; Ken Gilbert, Public
Works Director; Mary Lindley, Community
Services Director; Barry Hogan, Community
Development Director; Walter Brown, City
Engineer; Chief of Police Richard Diaz,
Sheriff's Department; Michael Mathews,
Senior Management Analyst; Joseph Fiss,
Principal Planner; Deborah Traffenstedt,
Assistant to City Manager /City Clerk; and
Maureen Benson, Deputy City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. City Manager's Monthly Report.
Mr. Kueny introduced Ken Gilbert, Public Works
Director, who gave the monthly report.
Mr. Gilbert gave a PowerPoint presentation on Storm
Water Pollution Management in compliance with the
Clean Water Act established by the National Pollution
Discharge Elimination System (N.P.D.E.S.). The
presentation provided information regarding programs
performed by the City under N.P.D.E.S. including
community outreach programs, stenciling catch basins
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Moorpark, California Page 2 December 18, 2002
to prevent discharge into the Arroyo; monitoring
and /or inspection of industrial sites, automotive
service sites, restaurants, and construction sites;
and public facilities and activities used to determine
any source of pollution. The presentation went on to
describe Best Management Practices such as education
to prevent past practices of pollution, the use of
grassy swales to filter debris during construction,
warning signs, and resident involvement in reporting
problems.
In response to Mayor Hunter, Mr. Gilbert went on to
update the Council on Major Capital Projects pending
or underway within the City including traffic signal
interconnect projects for both Los Angeles Avenue and
Tierra Rejada Road; Flinn Avenue relocation to realign
with Second Street and installation of a traffic
signal; slurry seal and asphalt overlay projects going
out for bids, acceptance of bids for construction of
30 curb ramp installations to improve ADA compliance;
development with Caltrans of landscape median plans
for Los Angeles Avenue; two underground utility
projects on Los Angeles Avenue between Gabbert and
Millard Streets; a Phase II project with Southern
California Edison to remove poles and wires in this
same area; and a future Calleguas Municipal Water
District project to install a six -foot diameter water
pipe along the middle of Los Angeles Avenue.
In response to Councilmember Mikos, Mr. Gilbert stated
that there is no relationship between the future Los
Angeles Avenue landscape median project and the
Calleguas project to install the water pipes down the
middle of Los Angeles Avenue. He went on to state it
appears that installing the pipe in the center rather
than at the edge of Los Angeles Avenue would allow
traffic to flow along the outside lanes, making
construction easier on the public.
In response to Councilmember Millhouse, Mr. Gilbert
confirmed that the traffic signal interconnect project
will synchronize the traffic lights along the Los
Angeles Avenue and Tierra Rejada Road corridors and
will include signage advising the public of the proper
speed limit to make all green lights.
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Moorpark, California Paqe 3
December 18, 2002
In response to Councilmember Millhouse, Mr. Gilbert
provided an update on the Ventura County project at
Moorpark Road, indicating that once the poles and mast
arms, whose delivery has been delayed, are installed
the intersection should be up and operational in
January.
5. PUBLIC COMMENT:
Gerald Goldstein, Moorpark resident, congratulated local
parents, Tony and Marie Bellasamo, regarding a magazine
article on the success of their daughter, Patricia, in her
profession as an attorney; and spoke briefly about the
receipt of a letter regarding automated trash collection
and new trash barrels to be delivered to local residents.
Rick Brecunier, resident of Moorpark, representing Tierra
Rejada Ranch, expressed concern regarding the changes
proposed for the intersection at Tierra Rejada Road and Old
Moorpark Road and his concerns regarding lack of notice.
He stated that there would be devastating impacts to the
businesses along Old Moorpark Road if the median were to
close off left -turn access from Tierra Rejada Road. Mr.
Brecunier expressed concern that emergency vehicles would
also be delayed in reaching locations on Old Moorpark Road
by having to drive across the valley to reach them. He
asked for a temporary hold on the plans to allow time for a
full analysis of the situation.
Craig Underwood, a representative of Tierra Rejada Family
Farms stated that small farms are not favored in the
current economy and they have sought alternatives to bring
customers to the farm including school tours, the October
Festival, weddings and receptions, and most recently the
reenactment of Civil War activities. He went on to state
that consideration should be taken in regard to ease of
access and safety concerns for those who wish to visit the
farms.
Harvey Corr, a resident of Old Moorpark Road, spoke in
support of Mr. Brecunier and Mr. Underwood's comments and
stressed his concern that emergency vehicles would be
precluded from left -turn access to Old Moorpark Road.
James Barker, representing Tierra Rejada Family Farms,
concurred with the opposition to the proposed road changes
at Old Moorpark Road.
Minutes of the City Council
Moorpark, California Page 4
December 18, 2002
In response to Mayor Hunter, Mr. Kueny stated that as part
of the City's agreement with the County of Ventura and a
subsequent encroachment permit, the plan is to remove the
signal at Tierra Rejada and Old Moorpark Roads and to
install a median, which will prohibit left turns. He
stated any delays could cause change orders, which would
drive up the cost of the work. He also stated that the
Council had considerable discussion regarding the
situation, and it was the consensus to remove the traffic
signal at Tierra Rejada and Old Moorpark Roads, since there
would be two signals so close together. He stated there
was not a lot of discussion regarding left - turns, other
than from a safety standpoint it was decided to close off
the median, and there was little discussion about the
immediate impact on those businesses and residents south of
that intersection. He stated that staff will not be able
to place this on an agenda for discussion until January 15,
2003; staff has begun to look at this situation to consider
the potential for left -turns west to south; and the most
that can be done now is to ask the County to delay
construction or for the Council to consider a meeting prior
to January 15, 2003.
In response to Mayor Hunter, Mr. Kueny stated that it was
intended that the new alignment would be the primary
intersection at Miller Parkway, and that is why it was
decided to eliminate the left -turn option at Old Moorpark
Road. He went on to state that the purpose of the County's
project was to move traffic through the valley more
quickly; and that the best compromise may be a left -turn
"in only" option, which will take time for staff to study
and to discuss with the County.
In response to Mayor Hunter, Mr. Brecunier stated that he
had had an informational conversation with Supervisor
Mikels' office, during which he was told that this is a
City intersection.
Mayor Hunter recommended that since this was a County
project, the residents should contact Supervisor Mikels'
office regarding the impacts and to request that the County
defer this part of the project.
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Moorpark, California Paqe 5 December 18, 2002
Councilmember Mikos stated that she is willing to have a
Council meeting prior to January 15, 2003, if it is deemed
necessary, but questioned what authority the City would
have over this problem since this is a County project.
In response to Councilmember Mikos, Mr. Kueny stated that
the County recognizes that this is the City's intersection
and would probably concede if it does not cost them any
more money, and staff will contact the County's Project
Manager to request a change order cost from their
contractor to modify the median for left -turns "in ", but
not "out ", which could prove to be less expensive than
completing the project as it is now planned. He stated
that another option could include asking the County to
leave out that part of the project entirely and let the
City recoup the savings from the shared cost for that
segment of the median, the City could then install the
median at a later date, but the traffic signal would still
have to be removed.
Mayor Hunter stated that it would be premature to schedule
another Council meeting without more information on the
outcome from the City's contact with the County. He went
on to state that it may be possible to include
representatives from Supervisor Mikels' and Supervisor
Schillo's offices to help everyone understand how the
decisions were made on this project.
In response to Councilmember Millhouse, Mr. Brecunier
stated that a left -turn "in only" is a better option than
no entry at all; however, he likes the entrance the way it
is configured now.
Councilmember Parvin stated that she had met with
Supervisor Mikels, who is now aware of this situation, and
staff may want to contact her regarding obtaining more
information.
Councilmember Mikos stated that some signage to indicate
"Local Traffic Only" may encourage drivers to bypass Old
Moorpark Road to travel on to the new intersection.
AT THIS POINT in the meeting, the City Council recessed to
convene a meeting of the Moorpark Redevelopment Agency. The time
was 7:25 p.m. The City Council meeting reconvened at 7 :26 p.m.
Minutes of the City Council
Moorpark, California Page 6 December 18, 2002
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Mikos announced that the public may call 805-
384 -8369 between 8:00 a.m. and 4:00 p.m. after January 2,
2003, if they are interested in helping to serve on a
committee to select a new chancellor for the Ventura County
Community College District.
Councilmember Millhouse announced that he had attended a
tree and menorah lighting ceremony for the Loving Heart
Hospice Foundation on December 13, 2002. He stated that he
presented the Hospice Foundation with a Proclamation from
the City of Moorpark signed by the Councilmembers along
with commendation letters from Senator Diane Feinstein and
Governor Gray Davis. He distributed snowman pins from the
Foundation to the Councilmembers.
Councilmember Millhouse reported on his recent attendance
at a meeting of the Ventura County Transportation
Commission, at which meeting the State budget crisis and
its impacts on delaying improvements to Route 118 and the
widening of Route 23 were discussed.
Mayor Hunter announced that the monthly `After Dark" dance
program for teens, grades sixth through ninth, will be held
at the Arroyo Vista Recreation Center on Friday, January 3,
2003.
Mayor Hunter announced that teens interested in
snowboarding or skiing at Mountain High Ski Resort on a
Moorpark United School District Pupil -Free Day, Monday,
January 27, 2003, should contact the City of Moorpark at
805 -517 -6300 to pre- register.
8. PUBLIC HEARING:
A. Consider Industrial Planned Development Permit No.
2000 -10, a Request to Construct an Approximately
113,994 Square Foot Mini - Warehouse /Office Building on
a 112,184 Square Foot Parcel Located at 875 Los
Angeles Avenue, at the Northwest Corner Of Los Angeles
Avenue and Goldman Avenue, on the Application of
Asadurian Investments. (Continued from October 18,
Minutes of the City Council
Moorpark, California Page 7 December 18, 2002
2002, with public hearing open.) Staff Recommendation:
Continue the item, public hearing open, to January 15,
2003.
Mr. Hogan requested a continuance with the public
hearing open, to the City Council meeting of January
15, 2003, to allow time for the Ad Hoc Committee to
meet on December 19, 2002, to discuss revised plans.
In response to Councilmember Harper, Mr. Hogan stated
that staff will check on data for the Moorpark area
concerning over - saturation of storage units as
referenced in the fax communication from Mike Thakar,
received on December 13, 2002, and will report back to
the Council on January 15, 2003.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speaker cards.
MOTION: Councilmember Millhouse moved and Councilmember
Mikos seconded a motion to continue the public hearing open
to January 15, 2003. The motion carried by unanimous voice
vote.
B. Consider Industrial Planned Development (IPD) Permit
No. 2001 -01, a Request for a 6,833 Square Foot
Contractor's Repair Building and a 2,194 Square Foot
Accessory Office Building on a 67,833 Square Foot
(1.56 Acre) Parcel Located at 13840 E. Los Angeles
Avenue, on the Application of Sharma Construction,
Inc. Staff Recommendation: 1) Open the public
hearing, accept public testimony, and close the public
hearing; and 2) Adopt Resolution No. 2002 -2038
approving Industrial Planned Development 2001 -01
subject to Conditions of Approval.
Mr. Hogan gave the staff report. He stated that staff
is recommending amending Special Condition No. 1. to
require a 6 -foot high block wall with landscaping
along the Arroyo Simi side rather than tubular steel
fencing.
In response to Councilmember Mikos, Mr. Hogan stated
that the exact location of the wall will be at the
discretion of staff, but generally will be offset by
the landscaping placed along the property line. He
also stated the existing office building is within the
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Moorpark, California Paqe 8 December 18, 2002
setback and needs to be moved to bring the project
into compliance with the setback requirements and that
the dotted lines on the site plan depict where the
current buildings are located with the solid lines
depicting the proposed building locations. He stated
that each individual vehicle would be limited to
loading /parking on the site up to a maximum of 48
consecutive hours.
In response to Mayor Hunter, Mr. Hogan stated that
even though staff does not anticipate a code
enforcement problem, a special condition limiting the
hours for loading /parking on site is to prevent the
occurrence of outdoor storage.
Councilmember Parvin stated that as a Planning
Commissioner during the time of initial approval for
this project, she is familiar with the Commission's
preference for wrought iron fencing versus block wall,
as it was considered more visually appealing. She
went on to state that she believes that landscaping
along the wrought -iron fencing would block the view of
anything above six feet in height; wrought -iron
fencing is a friendlier environment for wildlife; and
that being in close proximity to horse trails, it
would be more aesthetically appealing to look at trees
and plants than a block wall.
In response to Councilmember Harper, Mr. Hogan stated
that the Butler metal buildings, with their
articulated front elevations and other architectural
treatments, do not look like pre- fabricated metal
buildings, staff has no reservations regarding the
metal material, and that the buildings can come with
or without stucco exterior.
Mayor Hunter opened the public hearing.
Michael Sanchez, architect from Lauterbach &
Associates, 300 Montgomery Avenue, Oxnard,
representing the applicant, stated that they have read
and agree to the project conditions; are not opposed
to a block wall; are opposed to a five -foot offset of
the property line wall due to the large turning radius
required by the very large vehicles visiting the site;
and that the Butler buildings are durable, flexible,
and do not appear to be made from metal.
Minutes of the City Council
Moorpark, California Page 9 December 18, 2002
In response to Mayor Hunter, Mr. Sanchez stated that
they have no need for outdoor storage; this is a
vehicular maintenance operation; and that there is no
problem with the 48 -hour limitation for vehicles on
site.
In response to Councilmember Harper, Mr. Sanchez
stated that the vehicles are housed on job sites and
only come into the shop for repair; the type of
maintenance performed includes automotive repair, oil
changes, and blade maintenance; the 15 -foot canopy
projecting out from the overhead doors allows for two
vehicles to be worked on at a time, with one inside
and one outside; they are not adverse to a block wall;
and are willing to plant and maintain vines in the
pockets along the wall.
In response to Councilmember Millhouse, Mr. Sanchez
stated that the usual hours of operation are from 7:00
a.m. to 5:00 p.m., Monday through Saturday; movement
of the large equipment to the site requires a traffic
permit issued for a particular route by the City; the
site has been engineered with a filtration system to
prevent toxic substances from draining into the storm
drain; and staff is imposing the standard conditions
to guarantee that there is no discharge of used motor
oil or hydraulic fluids into the storm drain.
In response to Councilmember Mikos, Mr. Hogan stated
that if the IPD Permit is approved, the project
conditions will run with the land; if a new use is
established, a review of the conditions would be
needed and a new IPD may be required; if a new use is
similar, staff would have to review the existing
conditions to make sure they are adequate; more
stringent conditions due to the proximity to the
Arroyo do not seem necessary, since the N.P.D.E.S.
standard requirements, in respect to water quality,
along with the standard conditions, in regard to
environmental health requirements, are adequate; a
compromise with the applicant is possible for the area
of tightest setback along the fence, allowing for a
minimum of two -feet from the property line for
landscaping, which would include shrubbery and some
vertical trees to be maintained by the applicant on
the Arroyo side of the block wall; and this would be
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Moorpark, California Paqe 10 December 18, 2002
better than locating the wall on the property line
with vine pockets.
Mr. Kueny stated that if the Council approves this
direction, he would suggest allowing the Community
Development Director to work with the applicant to
reduce landscaping adjacent to the property line wall
to approximately two and one -half feet, where the
applicant needs a turning radius, and to require up to
five feet of landscaping along the property line wall
at other locations.
In response to Councilmember Parvin, Tom Logan, a
principal of Sharma Construction, Inc., stated that
the timing of the large oversize vehicle travel is
restricted by Caltrans to be moved between the hours
of 9:00 a.m. to 2:00 p.m., while the smaller equipment
can be moved between 7:00 a.m. and 5:00 p.m.
Mayor Hunter closed the public hearing.
Mayor Hunter stated that the days of operation, Monday
through Saturday need to be added to Condition No. 8,
which shows only the hours of operation from 7:00 a.m.
to 7:00 p.m.
Councilmember Harper stated that he concurs with
staff's recommendation for Special Condition No. 1 for
the installation of a solid masonry type block wall
and to leave the design and placement of this wall up
to the discretion of the Community Development
Director.
Councilmember Millhouse concurred with Councilmember
Harper on the condition for the block wall. He stated
that he would like to see an additional site - specific
environmental condition that runs with the land added
to the project along with the standard N.P.E.D.S.
conditions.
Mayor Hunter re- opened the public hearing to allow the
applicant's representative to respond.
Mr. Sanchez concurred with the additions and changes
to the conditions.
Mayor Hunter closed the public hearing.
Minutes of the City Council
Moorpark, California Page 11
December 18, 2002
Mr. Hogan stated that a Special Condition No. 12 would
be added relative to the specifics regarding the
disposal of hazardous materials on site.
Councilmember Mikos concurred with Councilmember
Harper's recommendation for the solid block wall, as
long as there is landscaping to enhance the appearance
of the wall and that the insets along the wall would
be at the discretion of the Community Development
Director.
MOTION: Councilmember Mikos moved and Councilmember Harper
seconded a motion to: 1) Adopt Resolution No. 2002 -2038 as
amended to modify Condition No. 1 to specify a block wall
with landscaping; 2) Allow the Community Development
Director the discretion for determining the placement of
the block wall and the insets and landscaping area; and 3)
Add Special Condition No. 12 implementing stricter
requirements for hazardous material disposal on site. The
motion passed by unanimous voice vote.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Status Report on County of Ventura Open Space
District Advisory Committee (OSDAC) and Recommendation
on Open Space District Project Category Definitions
and Priority for Land Acquisition. Staff
Recommendation: Direct staff to prepare a letter to
the OSDAC, including a recommendation on Open Space
District project category definitions and priority for
land acquisition, as discussed in the agenda report.
Ms. Traffenstedt gave the staff report.
In response to Councilmember Harper, Ms. Traffenstedt
stated that it is not staff's intent to include in the
letter an indication that there is concurrence for
% %active recreations uses" within established
greenbelts; there are some cities that have little
recreation land within their city limits and their
priority may be to have recreation uses outside their
city limits; and the priority should be on what the
money is spent on first, which will depend upon what
kind of Open Space District is formed.
Minutes of the City Council
Moorpark, California Paqe 12 December 18, 2002
Councilmember Harper expressed concern regarding what
could be included under the "catch all" category of
active recreation uses, such as an outdoor shooting
range, motorcross, or driving ranges. He stated he
would like to see some limitations placed on the menu
of active recreational uses and recommended that they
be kept within the city corporate limits rather than
in greenbelt areas.
In response to Councilmember Millhouse's request for
clarification, Councilmember Harper stated that the
question is not the acquisition of the land, but the
subsequent use of the land. He went on to state his
preference is for acquiring the land, but also to
limit the intense active recreation uses to be within
a city and have the greenbelts reserved for more
passive uses such as hiking or jogging trails.
Ms. Traffenstedt stated that at this point it has not
been determined that the Open Space District money
could not be used to acquire property within a city.
Mr. Kueny cited circumstances of particular cities,
which would lead them to want to include active
recreational uses within boundaries of their
recreation district or within parkland adjacent to
their city limits.
Mayor Hunter stated that he believes that this is
consistent with the voter's intent.
Councilmember Mikos concurred with Councilmember
Harper that the letter should specify that certain
active recreational uses such as golf courses and
driving ranges do not belong in greenbelt areas. She
went on to state her concern that there are not that
many official protected greenbelt areas and the term
"open space" does not necessarily translate into an
actual greenbelt area; for example, Tierra Rejada
Valley is a gentleman's agreement greenbelt, which
means it does not have a great deal of protection.
She stated she would not want to see a use such as the
Ventura County Fairgrounds or activities such as
motorcross come to this area.
In response to Councilmember Mikos regarding
Attachment 1 to the staff report, Ms. Traffenstedt
stated that Attachment 1 is a handout, which was
Minutes of the City Council
Moorpark, California Page 13 December 18, 2002
provided by County staff at the beginning of the OSDAC
meetings as a starting point; it was probably modeled
after legislation in process at that time; and the
committee is looking at both the acquisition of fee
title and conservation easements.
Councilmember Mikos stated that as the City's
representative on the Advisory Committee for the Santa
Monica Mountains Conservancy, she is aware that they
have criteria set up to help make decisions in regard
to the acquisition of passive open space with the goal
of public access and a criteria for urban parks with
natural habitat. She went on to state that the County
of Ventura Open Space District Advisory Committee may
want to look at developing criteria to take into
consideration the varying needs of cities and how
points could be scored to acquire parkland through
some mechanism so there is not a proliferation of
motorcross -type activities in open space.
Mr. Kueny suggested that the City's position could be
stated so that no active recreation use could be
pursued on lands acquired under this District, when
such lands are acquired for open space, agricultural,
or natural resource protection, and that any active
recreation lands under this District would be
encouraged to be within a city or the existing
boundaries of a current recreation district.
The Council concurred with Mr. Kueny's suggestion.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speaker cards.
CONSENSUS: It was the consensus of the Council to direct
staff to prepare a letter to the County of Ventura Open
Space District Advisory Committee, to include the following
comments and recommendations: 1) Any lands acquired by the
District for the purposes of preserving open space,
agricultural land, and natural resources protection, should
be preserved for those purposes and no future conversion to
active recreation uses should be permitted; 2) Acquisition
of open space lands and /or conservation easements to
preserve greenbelts and buffer lands between cities,
agricultural land, and natural resources, should have a
higher priority in comparison to acquisition of land for
recreation purposes; 3) Any land to be acquired for active
recreation purposes should be within the jurisdictional
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Moorpark, California Page 14 December 18, 2002
boundary of a City or within the existing boundaries of the
current recreation districts in Ventura County (but not
within a City's Area of Interest unless such projects are
supported by that City); and 4) The City does not support
the funding of an active recreation project within the
Tierra Rejada Greenbelt area.
B. Consider Resolution Amending the Fiscal Year 02/03
Budget to Revise the Budget for Project 8049: A
Consultant Study to Investigate the Feasibility and
Cost Related to the Possible Establishment of a
Prohibition or Restriction of Non -Local Truck Traffic
on Route 118 Between the Route 23 Freeway and Route
232 (Vineyard Avenue). Staff Recommendation: Adopt
Resolution No. 2002 -2039 revising the appropriation
and budget for the subject consultant services. ROLL
CALL VOTE REQUIRED
Mr. Gilbert gave the staff report. He corrected the
dollar amount in the staff report on stamped page 74
to coincide with the $13,338 amount listed on page 75.
In response to Councilmember Mikos, Mr. Gilbert stated
that in regard to an air quality study at Flory
school, staff does not consider the traffic consultant
to be an appropriate entity to perform an in -depth
health impact analysis. He went on to state that
staff is looking at exploring existing studies, which
document the adverse affects of diesel emissions and
have reached conclusions regarding proximity and
respiratory ailments.
Councilmember Mikos stated that it would not hurt to
ask the School District if they have any data they
would be willing to share.
Mayor Hunter stated that the School District has
expressed a desire to participate in this project and
recommended that staff contact the Superintendent's
office.
In response to Councilmember Millhouse, Mr. Gilbert
stated that the time frame for submitting the traffic
consultant's report would allow it to come back to the
Council in March 2003.
Minutes of the City Council
Moorpark, California Page 15
December 18, 2002
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speaker cards.
MOTION: Councilmember Millhouse moved and Councilmember
Mikos seconded a motion to adopt Resolution No. 2002 -2039
revising the appropriation and budget for the subject
consultant services. The motion passed by unanimous roll
call vote.
C. Consider Report on Three Slope Failures in Mountain
Meadows. Staff Recommendation: Direct staff as
deemed appropriate.
Mr. Brown gave a verbal report on the failure of two
retaining walls and one slope failure in the Mountain
Meadows area.
In response to Mayor Hunter, Mr. Brown stated that for
the Buttercreek I retaining wall failure, engineering
plans have been prepared for remediation. He stated
that for the Buttercreek II retaining wall failure,
there is continuing negotiation with the builders and
insurance companies regarding resolution of liability
and responsibility. He stated that for the slope
failure in the Verona Homeowners Association area,
intensive geotechnical investigation and plan
preparation has occurred, and receipt of bonds is
pending to secure completion of the work.
In response to Mayor Hunter, Mr. Kueny stated that
besides plan check, he does not see any additional
role for the City to play in the resolution of these
problems.
Councilmember Millhouse clarified that there may be a
misperception that these situations are under the
control and purview of the City of Moorpark, when in
reality they have existed for quite some time. He
went on to state that beyond citing some Homeowners
Associations for code violations there is nothing the
City can do. He indicated concern regarding Public
Works signage near these projects, which may give the
impression that the City is taking responsibility for
these unresolved issues.
Mayor Hunter stated that he feels that the Homeowners
Associations are doing all they can to bring
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Moorpark, California Paqe 16
December 18, 2002
resolution to these private issues; he wanted to make
sure that the City was doing all they could to assist;
and requested that the Council be updated as to the
progress within the next 90 days.
Councilmember Parvin stated that she resides in an
area of Moorpark that also sustained slope failures
and part of the problem was attributed to gophers
undermining the slopes by tunneling.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speaker cards.
CONSENSUS: It was the consensus of the Council to
receive and file the report and to direct staff to provide
a status report within 90 days on the progress of these
private disputes regarding the two retaining wall failures
and one slope failure.
10. CONSENT CALENDAR:
MOTION: Councilmember Millhouse moved and Councilmember Harper
seconded a motion to approve the Consent Calendar. The motion
carried by unanimous roll call vote.
A. Consider Approval of Minutes of Regular Meeting of
November 7, 2001.
Consider Approval of Minutes of Special Meeting of
December 4, 2002.
Staff Recommendation: Approve the minutes.
B. Consider Approval of Warrant Register for Fiscal Year
2002 -2003 - December 18, 2002.
Manual Warrants 111320 - 111326 & $ 34,181.60
Voided Warrant None $ 0.00
Payroll Liability 111312 - 111319 $ 12,800.33
Warrants
Regular Warrants 111327 - 111414 & $ 20,212.95
111415 - 111435 $ 488,457.58
Staff Recommendation: Approve the warrant register.
Minutes of the City Council
Moorpark, California Paqe 17
December 18, 2002
C. Consider Adopting Revised City Council Policies
Resolution and Rescinding Resolution No. 2001 -1926.
(Continued from December 4, 2002, meeting.) Staff
Recommendation: Adopt Resolution No. 2002 -2040.
D. Consider Resolution Amending the Salary Plan for
Competitive Service, Non - Competitive Service, and
Hourly Employees and Rescinding Resolution No. 2002-
1992; and Consider Resolution Amending the
Classification Plan and Rescinding Resolution No.
2001 -1883. Staff Recommendation: Adopt Salary Plan
Resolution No. 2002 -2041 and adopt Classification Plan
Resolution No. 2002 -2042.
E. Consider Adoption of Resolution Amending the FY
2002/2003 Budget by Appropriating Older Americans Act
(OAA) Grant Funds for Senior Center Lifeline Devices.
Staff Recommendation: Adopt Resolution No. 2002 -2043.
ROLL CALL VOTE REQUIRED
F. Consider Adoption of Resolution Amending the FY
2002/2003 Budget by Appropriating Funds for the
Installation of Two Bocce Ball Courts at Tierra Rejada
Park. Staff Recommendation: Adopt Resolution No.
2002 -2044. ROLL CALL VOTE REQUIRED
G. Consider the Report Titled "Accounting of Fund
Information as Required by Section 66006 of the
California Government Code for Fiscal Year 2001/2002"
and Receive and File Said Report. Staff
Recommendation: Receive and file the report.
H. Consider the Selection of the Architect for the
Corporation Yard Project. Staff Recommendation: 1)
Approve selection of Martinez Architects to provide
design services of the Corporate Yard project; 2)
Adopt Resolution No. 2002 -2045 amending the Budget for
this project; and 3) Authorize the City Manager to
sign the contract agreement for these services,
subject to final language approval by the City Manager
and the City Attorney. ROLL CALL VOTE REQUIRED
I. Consider Bond Reduction for American Stores Properties
Mountain Meadows Plaza Project, Located at Tierra
Rejada Road and Mountain Meadows Drive. Staff
Recommendation: Authorize the City Clerk to exonerate
surety #222551, #222552, #5801853, #5801854, #5801855,
Minutes of the City Council
Moorpark, California Paqe 18
December 18, 2002
#5801856, #1616237, and #5862413, and as outlined in
the staff report.
J. Consider Deed for Easement of Poindexter Park for
Tract 5161, Cabrillo Economic Development Corporation.
Staff Recommendation: Authorize the Mayor to execute
and the City Clerk to Record in the office of the
Ventura County Recorder the easement quitclaim deed
and the attachments.
K. Consider Grant Deed of Easement for Landscaping and
Retaining Wall for Tract 5161, Cabrillo Economic
Development Corporation. Staff Recommendation:
Approve the acceptance of the Easement and authorize
the City Clerk to prepare, sign and record an
acceptance certificate for the Grant Deed of Easement
and to Record the Easement Grant Deed and the
attachments in the office of the Ventura County
Recorder.
11. ORDINANCES:
None.
12. CLOSED SESSION:
Mr. Kueny announced that there was no need for closed
session.
13. ADJOURNMENT:
MOTION: Councilmember Harper moved
seconded a motion to adjourn.
voice vote. The time was 8:30
ATTEST:
*-M Qxa S �� 7±
Deborah S. Traffen tedt
City Clerk
and Councilmember Mikos