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HomeMy WebLinkAboutAGENDA REPORT 2003 0115 CC REG ITEM 10ACi. of . 1- 16- -AA03 MINUTES OF THE CITY COUNCIL AND MOORPARK UNIFIED Moorpark, California t� 7�'k v' SCHOOL DISTRICT Auaust 27, 2002 A Special Joint Meeting of the Moorpark City Council and the Moorpark Unified School District (MUSD) Board of Education was held on August 27, 2002, at 6:30 p.m. at the Moorpark Community Center located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the City Council to order at 6:50 p.m. Board President Cabriales called the Moorpark Unified School (MUSD) District Board of Education to order at 6:50 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Wozniak led the Pledge of Allegiance. 3. ROLL CALL: City Council Present: Councilmembers Harper, Mikos, Wozniak, and Mayor Hunter City Council Absent: Councilmember Millhouse City Staff Present: Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; Mary Lindley, Community Services Director; Ken Gilbert, Public Works Director; Barry Hogan, Community Development Director; Deborah Traffenstedt, Assistant to City Manager /City Clerk Board of Education Present: Boardmembers Tom Baldwin, Greg Barker, David Pollock, Mindy Yaras, and President Cabriales MUSD Staff Present: Dr. Frank DePasquale, District Superintendent; Larry Brown, Assistant Superintendent of Business Services; and Dr. Tina Cantrell, Assistant Superintendent of Instructional and Student Services. 00GO63 Minutes of the City Council and MUSD Board of Education Moorpark, California Page 2 August 27, 2002 4. PUBLIC COMMENT: None. 5. PRESENTATION /ACTION /DISCUSSION: A. Consider District Status Report on Bond Protects. President Cabriales thanked everyone for their support of the school bond projects, which benefit the entire community of Moorpark. He introduced Dr. DePasquale. District Superintendent DePasquale acknowledged Campaign Chair Ron LaGuardia, the City Council, and Moorpark residents for their efforts in getting Bond Measure R passed in March 2002. He introduced architect, Jim McGregor, Jim Stenson and other staff members from the District's architectural firm. Steve Hayward, Director of Maintenance and Operations was also acknowledged for overseeing the projects. Mr. McGregor provided a PowerPoint presentation on the projects completed during the summer and a preview of a new school in Moorpark Highlands. He indicated that all of the District's schools benefited from either Bond Measure R, which was passed in March or previously approved State program funds. President Cabriales stated that the School Board wants to maximize the bond dollars while working in cooperation with the City. He expressed concern regarding how the School Board can keep the City informed of future projects in order to expedite completion and cited recent fee assessments for the high school parking lot, which created delays. In response to President Cabriales, Mayor Hunter stated that the City does not want to see projects delayed and suggested that the Joint Ad Hoc Committees already in existence could assist in moving projects forward as quickly as possible. In response to President Cabriales, Mayor Hunter stated that the amount of time needed for the City to review projects will depend on their complexity. He Minutes of the City Council and MUSD Board of Education Moorpark, California Pace 3 Auaust 27. 2002 also stated that not all projects would need to be reviewed on an individual basis, and projects with a similar timeline for completion could be grouped together so that the City can move them through the various departments for approval in a timely manner. President Cabriales stated that it is also important to consider the City's requirements for engineering plan review. Mayor Hunter stated that the City wants to minimize the fees assessed to the District so that the dollars can be applied to capital projects rather than fees. He went on to state that the Ad Hoc Committees could discuss the terms of financial assistance in greater detail. Councilmember Harper echoed the Mayor's comments and then introduced Barry Hogan, Community Development Director. He went on to state that projects will move forward more expeditiously now that the Community Development Department is fully staffed. Mr. Pollock stated that the District is accustomed to working with the State and scrutinizes construction costs very carefully. He also stated that while it is good to be working with the City, especially on watershed and drainage issues, what has been surprising is the number and size of the fees. He stated that it would be helpful if there were a better understanding of how and why these fees are accessed. In response to Mr. Pollock, Mayor Hunter stated that it would be beneficial for the District to know those costs up front and the City could help by providing a Fee Schedule to attempt to estimate fees for the District. Mr. Baldwin stated that the Board is concerned about the fee structure and cited a comparison of the fees charged by the City and those charged by the State for the construction of the parking lots. He went on to state that it would be helpful if there were better communication on how the fees are calculated. Minutes of the City Council and MUSD Board of Education Moorpark, California Paqe 4 August 27, 2002 Ms. Yaras expressed concern regarding how fees are calculated and stated that a more detailed accounting would be helpful. President Cabriales stated that previously there may not have been enough dialogue regarding projects and concurred with Mayor Hunter's suggestion of Joint Ad Hoc Committee meetings to assist in expediting project completion. In response to Ms. Yaras, Mayor Hunter stated that a more detailed accounting of costs would be provided by the City in the future. B. Consider District Status Report on School Site in Specific Plan No. 2 (Morrison Homes /Pardee). Dr. DePasquale stated that the goal is to open Moorpark Highlands School in September 2005. He stated that he hopes that the new committee structure will help expedite this goal, since there is concern about housing the number of students coming on -line in Moorpark. He went on to describe the benefits of the kindergarten to eighth grade (K -8) concept, which allows the District maximum flexibility to convert these types of schools to sole middle school or sole elementary school campuses as the population in Moorpark changes. He described the attendance at Moorpark Highlands to include residents of the adjacent development as well as "by choice" enrollees from the surrounding community of Moorpark. Mr. Stinson, architect for the District, gave a presentation on the preliminary plan for the K -8 school designed to house 900 students on a 22 -acre site in Specific Plan No. 2 (SP -2), adjacent to the community park. He elaborated on the preliminary site plan showing the three access points to the campus. In response to Mayor Hunter, Dr. DePasquale stated that some of the benefits of the K -8 concept are that it keeps families and siblings together for nIine years; middle school age students on campus receive.. the same kind of attention as their younger siblings; and research shows that there are social benefits for the middle school students as well as higher test 00VOGG Minutes of the City Council and MUSD Board of Education Moorpark, California Page 5 August 27, 2002 scores. He went on to state that the K -8 concept will receive further study by the Vision 2010 Citizens Committee and that the Board will consider this matter on September 10th. Councilmember Mikos stated that she is in favor of the K -8 concept and has had personal experience on such a campus both as a child and later as a teacher. She went on to state that as a member of the Transportation and Streets Committee, she looks forward to options in the circulation design for access to this campus, which will avoid impacts to the neighbors. Mr. Pollock stated that the Dili providing meaningful choices educational options. He went that the school must open on crowding on current campuses, intra- district transfers. trict has a history of to parents regarding on to express concern time, since there is which is curtailing Mr. Baldwin expressed concern that a future roadway for gravel trucks may be designed to be above grade, and it. would be preferable if it were below the grade of the school site. Mr. Stinson stated that the preliminary plans show a row of trees along the east side of the site, which will help to screen any future roadway. In response to Councilmember Harper, Dr. DePasquale stated that there has been some discussion with the City Manager and the SP -2 developer regarding joint use of the park site. President Cabriales stated that this is the perfect project to work on together with the City, especially due to the challenges with the site, in regard to utilities and the elevation. He cited Walnut Canyon School's circulation plan and parking lots as a model for this campus. He indicated that there may have to be a gradual phasing into a K -8 campus, due to the reluctance of sixth, seventh and eighth grade students at Mesa Verde or Chaparral Schools to leave their current locations. OOO®G7 Minutes of the City Council and MUSD Board of Education Moorpark, California Pacfe 6 Auaust 27, 2002 Mr. Kueny stated that the developer is committed to delivering the school site in Phase I, including the utilities with completion of grading by September 2003; the State Route (SR) 23 study is underway regarding alignment and will include the roadway east of the school; the design of "A" Street will allow parking on both sides of the street as well as bike lanes; and the City will want to look at an access between the school and park to allow use of the parking lot at the park for special school events. Councilmember Mikos stated that consideration should be given to the horse trails through SP -2 with entrances into the park and their proximity to the equestrian center at Happy Camp Canyon Regional Park. Mr. Baldwin questioned the need for security fencing between the school campus and the park as is the current condition on several other school campuses. In response to Mr. Baldwin, Mr. Kueny stated that it is ultimately up to the School District to decide, but with proper planning, it is possible to locate the sports fields outside the fence line. In response to Councilmember Harper, Dr. DePasquale stated that in discussions with Baldwin Homes, the developer of North Park Village, 12 -acres are planned to be offered for a possible school site. He also stated that a 12 -acre site will only accommodate an elementary school, and he is suggesting Baldwin Homes consider 15 -16 acres to allow for the option of a K -8 school or a middle school. Councilmember Harper stated that in conversations with Mr. Baldwin, he was told that the School District could have whatever size site they wanted. In response to Ms. Yaras, Mr. Kueny deferred to the City Engineer to clarify the preliminary study conducted on the height of the SR -23 roadway planned to the east of SP -2. Mr. Walter Brown stated that the issue of the steep vertical alignment of SR -23 is based on starting SR -23 from east Los Angeles Avenue near Crawford Canyon, and Minutes of the City Council and MUSD Board of Education Moorpark, California Paqe 7 Auqust 27, 2002 on up to the higher elevation near the school site. He also stated there is a great deal of excavation to perform, which produces spoil material, and that the developer's engineers state that they can accept some of the spoil material. He stated the City is working with the developer's engineers to look at lowering the elevation of SR -23, but that in order to reach the northerly terminus, the road needs to elevate at an even gradient to match the elevations at the end. In response to Mr. Kueny, Mr. Walter Brown stated that the northerly limits of the study bring SR -23 into the existing SR -23 at the wide curve at Broadway. In response to Ms. Yaras, Mr. Walter Brown stated that the City is also concerned about noise pollution near the school and design considerations are underway. He explained that fairly low sound walls can be installed with the road up high, and if the roadway were depressed, it would also cut down on some of the noise. He went on to state that trees are very poor sound attenuators and a dense material such as a cinder block or concrete block wall is preferred. Councilmember Wozniak stated that rather than installing a large unsightly wall and creating a huge slope, which will require landscaping and maintenance, the preference should be to lower the roadway to a level to attenuate noise. Councilmember Mikos concurred with Councilmember Wozniak regarding lowering the roadway and expressed concern as to whether this location will be a temporary bypass for trucks and eventually configured by Caltrans as a continuation of the SR -23 freeway. Mr. Kueny stated that this is an important conceptual study, because if the Council does choose to lower the roadway, it would require the grading scheme for the project to be revised to spread more dirt over more of the site. He went on to state that it would be best to make a decision before the end of the year to avoid delaying the project. OC-CO69 Minutes of the City Council and MUSD Board of Education Moorpark, California Page 8 August 27, 2002 C. Consider D.A.R.E. Program. President Cabriales stated that the D.A.R.E. program was cut from the District's budget and a discussion of whether or not to continue this program next year is needed as the amount of time taken from educational programs is of concern to staff members who have new and pressing State programs, which take priority. Councilmember Harper stated that he voted along with the Mayor and other Councilmembers to extend the D.A.R.E. program for one year solely with City funding, even though he had some hesitation. He indicated that studies conducted by universities do not show the program is effective. In response to Councilmember Harper, Dr. DePasquale stated that the research is unclear, but D.A.R.E. does give law enforcement a positive image in the mind of young students, and that despite the budget cuts, the District does value the D.A.R.E. Program. He stated that if the D.A.R.E. program is not funded, Resource Officers are an option. He recommended that this be a subject for discussion by the Ad Hoc Committees and stated his own priorities, as a Superintendent, would be first to have a Resource Officer at the high school, second a Resource Officer at the middle school, and lastly the D.A.R.E. program. Mayor Hunter stated that it would be difficult to quantify the success of D.A.R.E. in diverting students away from potential substance abuse. He stated that there is a need for a D.A.R.E. -like program, which along with continuing to divert students from substance abuse would also teach social skills, decision making skills, and the enhancement of self esteem. He stated that he would like to have the City partner with the School District to have a dialogue regarding curriculum, he concurred with Dr. DePasquale that there is value in having a Resource Officer in the high school and middle schools, and suggested a separate Ad Hoc Committee be formed for the purpose of discussing this issue. He went on to state that the Sheriff's Department needs to know as soon as possible 0000 "® Minutes of the City Council and MUSD Board of Education Moorpark, California Page 9 August 27, 2002 whether this program will continue so that they can deal with staffing issues. Mr. Pollock stated that regardless of what program is decided upon, the School District is required by law to have a certain number of hours dedicated to substance abuse education. Dr. Cantrell stated that despite the economic realities, the District will strive to incorporate D.A.R.E. values into the curriculum, such as reading stories at the elementary level and writing essays to clarify values about drugs at the upper class levels. She went on to state that if the D.A.R.E. program is not continued beyond next year, the District is discussing integrating D.A.R.E. -like education into the existing curriculum, such as health classes, to create a seamless transition. Dr. Cantrell went on to emphasize the need to include children younger than Stn graders in this education and to continue to involve the parent community to support the same values. Councilmember Mikos stated that she hoped any D.A.R.E. -like program would still include the personal involvement of police officers, since their influence on the youth is such a positive experience. Mayor Hunter stated that he agrees with Dr. Cantrell regarding involvement of students at an earlier age and went on to ask if the Board has any interest in reinforcement at the high school level with a formalized program using the Resource Officer. Mr. Baldwin concurred with Mayor Hunter regarding the importance of formalized training at the high school level. He stated that he feels that there should be classroom involvement with the Resource Officer, but expressed concern that the funding for the officer will expire at the end of this school year. Mr. Baldwin suggested a comprehensive approach to funding not only the D.A.R.E program, but the continued presence of Resource Officers on campus should be the focus of the Ad Hoc Committee discussions. Dr. DePasquale went on to describe the Ventura model, which is a K -12 program called "Here's Looking at hQC® 7 1 Minutes of the City Council and MUSD Board of Education Moorpark, California Page 10 August 27, 2002 You ", which includes a Resource Officer at all grade levels. He stated that it is important that a uniformed officer spend some time on the elementary school campus. Councilmember Wozniak stated that the D.A.R.E. Program does work, the first priority for funding should be to have Resource Officers stay on all campuses to help with peer pressure and bullying, and the second priority would be to look at the curriculum for other types of programs such as the one in Ventura. Councilmember Harper concurred regarding maintaining the Resource Officers on campus. He stated he would like to see funds spent wisely and that the presence of uniformed police is advocacious. Ms. Yaras stated it is wonderful to live in a community where there is a unified effort to provide the young people with an awareness of the negativity of outside influences and thanked the Council for their cooperative efforts. President Cabriales concurred that the D.A.R.E. Officer is a role model whose relationship to the students is important. He asked for a long -term commitment from both sides that the D.A.R.E. Program not be watered down. Mayor Hunter and President Cabriales asked for volunteers to serve on the D.A.R.E. Ad Hoc Committee. Mindy Yaras, Tom Baldwin, Mayor Patrick Hunter and Councilmember Clint Harper stated that they would like to volunteer to be on the Ad Hoc Committee. CONSENSUS: It was the consensus of the Council and the Moorpark Unified School District that Mindy Yaras, Tom Baldwin, Mayor Patrick Hunter and Councilmember Clint Harper be appointed to serve on the D.A.R.E. Program Ad Hoc Committee. `a AO Minutes of the City Council and MUSD Board of Education Moorpark, California Paae 11 August 27, 2002 6. ADJOURNMENT: JOINT MOTION: Councilmember Mikos moved and Board President Cabriales seconded a motion to adjourn the joint meeting of the City Council and Moorpark Unified School District Board of Education in honor of Henry Bravo, long term Moorpark resident, who recently passed away. The motion carried by voice vote 4 -0 for the City Council, Councilmember Millhouse absent, and carried by unanimous voice vote from the Board of Education. The time was 8:24 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk GGG0 7 3 MINUTES OF THE CITY COUNCIL Moorpark, California November 6, 2002 A Regular Meeting of the City Council of the City of Moorpark was held on November 6, 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: Joseph Montes, City Attorney, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Mikos, Millhouse, Harper, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Ken Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Captain Robert LeMay, Sheriff's Department; Walter Brown, City Engineer; Nancy Burns, Senior Management Analyst; Scott Wolfe, Principal Planner; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Introduce new City Employee, Maureen Benson, Deputy City Clerk I. Mayor Hunter introduced Ms. Benson and welcomed her to the City staff. 5. PUBLIC COMMENT: Gerald Goldstein, a Moorpark resident, discussed his concerns regarding enforced cleanup of his property. He also stated his objections to the proposed signage for the Moorpark Marketplace project. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. G () pis Minutes of the City Council Moorpark, California Page 2 7. 0 ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: November 6, 2002 Councilmember Wozniak announced that he had recently attended the 10 -year anniversary celebration for the METROLINK where the City of Moorpark was honored with a plaque. He went on to state that the Ventura County Transportation Commission is offering a story book version of the history of the METROLINK and information on accessing their website can be found on the City's Homepage. Councilmember Wozniak announced that the Holiday Toy Train will be coming to the Moorpark METROLINK station on December 8, 2002. Councilmember Wozniak requested a future agenda item to discuss the creation of a civic honor roll program to recognize unsung heroes for their efforts in the community. Councilmember Millhouse recognized the coaches, staff, players, and cheer staff of the undefeated Moorpark High School football team. Councilmember Millhouse congratulated the Rotarians for the success of the Civil War Re- enactment. Councilmember Millhouse requested a future agenda item to discuss the approval needed for the tennis team's storage bins to be placed at the Arroyo Vista Community Park. Mayor Hunter announced two Veteran's Day services on Monday, November 11, 2002. The first service will begin at 8:00 a.m. at the corner of Los Angeles Avenue and Moorpark Avenue, and the second service will be held at 10:00 a.m. at Poindexter Park. 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, November 8, 2002, from 7:00 p.m. to 10:00 p.m. PUBLIC HEARINGS: A. Consider Major Modification No. 3 to CPD No. 89 -01 (Mission Bell Plaza) to Allow Tenant Improvements in the existing Theater Building for a 26,000 Square Foot Fitness /Sports Club with a 8,500 Square Foot, Three Theater Cinema, with 500 Seat Maximum, and Outdoor Swimming Pool with Decking and Fencing. Staff Recommendation: 1) Open the public hearing, accept public 0 r.A00 7 5- Minutes of the City Council Moorpark, California Page 3 November 6, 2002 testimony, and close the public hearing; 2) Adopt Resolution No. 2002 -2023 approving Major Modification No. 3 to Commercial Planned Development 89 -01, subject to Conditions of Approval. Mr. Hogan gave the staff report. In response to Mr. Hogan's request, Mr. Montes commented on the late correspondence received from the co- applicant's attorney expressing opposition to Condition No. 5, which requires a reciprocal access easement. He suggested removing Condition No. 5. He went on to recommend adding a condition of approval to include language that the approval of the modification to the CPD is not a consent to an alternative use of the property within the meaning of Section 312 of the Disposition and Development Agreement (DDA), as amended. Mayor Hunter opened the public hearing. Chris Henno, Maverick's Sports Club and Cinema, 107 Jefferson Avenue, Ventura, gave an overview of the proposed combined fitness center and theater. In response to Mayor Hunter, Mr. Henno stated that Signature Theaters, which operates over 200 movie screens, mostly in northern California, will be the vendor for the three - screen theater. In response to Mayor Hunter, Mr. Henno stated that he is in agreement with all conditions of the project except for Condition No. 5. In response to Councilmember Millhouse, Mr. Henno stated that the fitness center will be open to the general public and is not limited solely to club members. He went on to state that in order for the swimming pool to be designed to accommodate the high school water polo team, additional support would be needed from the School Board and from the City of Moorpark. In response to Mayor Hunter, Mr. Henno stated that the Ventura facility is located in a smaller building without a theater or swimming pool; that they also have gyms in Portland and in Concord; and that each fitness center they build is unique, hence the name `Maverick's ". John Newton, a Moorpark resident and local business person, spoke in favor of the reciprocal access for OG °GO" Minutes of the City Council Moorpark, California Page 4 November 6, 2002 public safety reasons and for the benefit of all who use the two shopping centers. Doug Frazier, a Moorpark resident, stated that he is not opposed to the project. He went on to state that he is concerned regarding the pre -sale of tickets prior to project approval; that there are no speed humps to slow traffic; and that there will be increased traffic on Sierra Avenue due to the number of patrons using the theater and swimming pool. In response to Mayor Hunter, Mr. Hogan stated that the applicant proceeded at his own risk with respect to the theater demolition, advertising, and pre -sale of tickets. Mr. Henno apologized to the Council and the residents for jumping the gun and stated that they would remove the advertising signs immediately. Councilmember Mikos stated that the pedestrian improvements recommended by staff will be welcome additions to the neighborhood. In response to Councilmember Mikos, Mr. Gilbert stated that speed humps in private parking lots are not uncommon; speed humps are hardly ever used on a public street; and that the City has not adopted speed humps as a traffic calming program for public streets. Councilmember Mikos stated that she would support having speed humps installed on the long stretch of asphalt in the parking lot. Councilmember Harper stated that the proposal is a unique mix of uses, which is a welcome addition to the community. He indicated his concerns about the loss of the reciprocal access and stated his intent to continue to support this access in the future for easy ingress /egress from the property. Councilmember Millhouse welcomed the applicant to the community and stated that these uses will be well received by the residents who have been lacking a local theater and this unique health club. He predicted that the traffic impacts will be less than what would have occurred with a successful eight- screen theater in the same location. Councilmember Millhouse concurred with Councilmember Harper's and Mr. Newton's concerns regarding the removal of the reciprocal access. He () el 1 0 7 7 Minutes of the City Council Moorpark, California Page 5 November 6, 2002 encouraged the applicant to continue to work with the School District and possibly partner with the City to pursue the issue of the aquatic facility. He stated his support of the project, subject to the conditions in the staff report and stipulations provided by the City Attorney. Mayor Hunter closed the public hearing. Councilmember Wozniak stated his concerns for the impacts of traffic on the neighborhood and suggested bringing back to the Council the subject of what warrants the installation of speed humps on residential streets. Mr. Kueny stated that the traffic conditions are no different, in terms of rolling stop signs or speeding, in this neighborhood than they are in any other; that there is no neighborhood consensus for installing speed humps; and that the intent of the Transportation and Streets Committee was to bring the issue of closing off the street before the Council once the signal is installed at Shasta and Los Angeles Avenues. In response to Councilmember Wozniak, Mr. Kueny stated that the installation of the traffic signal should be in approximately two years in conjunction with the Pacific Communities project construction. A discussion among the Councilmembers followed regarding Standing Committee reports coming back to the City Council to provide neighborhood feedback to all Councilmembers and in this case, for the preparation of an historical evaluation of traffic calming measures that have been analyzed. In response to Mayor Hunter, Mr. Kueny stated that the access from the residential neighborhood through the commercial project was provided in this manner to allow adjacent residents safe access to the market and other stores and the ability to make a left turn onto Los Angeles Avenue at a signalized intersection. In response to Mayor Hunter, Councilmember Mikos stated that one of the options considered by the Transportation and Streets Committee was access into the center with no egress out; that there was no neighborhood consensus at the committee meetings even though a substantial number of residents were in attendance; and that the Committee was successful in getting the Mission Bell Center owner Minutes of the City Council Moorpark, California Page 6 November 6, 2002 to pay for the installation of the speed hump at the exit onto Lassen Street. Mayor Hunter stated that this would seem to meet the objective by reducing the incentive for other than residents to use that driveway. Councilmember Millhouse stated that there were a number of other concerns addressed, which could be discussed at a future meeting such as the increased traffic at the other end of the facility. MOTION: Councilmember Millhouse moved to adopt a Resolution approving Major Modification No. 3 to Commercial Planned Development 89 -01, subject to conditions of approval, as modified to delete the reciprocal access requirement and add the language recommended by the City Attorney that approval should not be construed as a consent to an alternative use of the property within the meaning of Section 312 of the DDA, as amended. Mr. Hogan asked to add further clarification to Condition No. 6 to indicate that the terminus of the sidewalk on Lassen Street is at the northwest corner of the site and for Condition No. 8 that the location of the speed hump be in the travel aisle behind the theater and market buildings at the connection to Lassen Street. Councilmember Millhouse concurred with those additional changes and Councilmember Harper seconded the motion. The motion carried by unanimous voice vote. B. Consider General Plan Amendment No. 2002 -04, Zone Change No. 2002 -04, Major Modification No. 1 to Tentative Tract Map No. 5307, and Minor Modification No. 1 to Residential Planned Development No. 2001 -01, a Request for a Change in Land Use Designation from M (Medium Density Residential) to VH (Very High Density Residential), Zone Change from R -1 (Single Family Residential) to RPD 9.1 Dwelling Units /Acre, the Addition of Three Lots to an Approved 22 -Lot Single- Family Residential Subdivision, and the Construction of Three Single Family Detached Affordable Units, on Property Located at the Northwest Corner of Millard Avenue and Los Angeles Avenue, on the Application of Colmer Development Company and the City of Moorpark. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Adopt the proposed Mitigated Negative Declaration; 3) Adopt Resolution No. 2002 -2024 approving occot9 Minutes of the City Council Moorpark, California Page 7 November 6, 2002 General Plan Amendment No. 2002 -04; 4) Introduce Zoning Ordinance No. 290 for first reading; 5) Adopt Resolution No. 2002 -2025, approving Tract 5307 - Major Modification No. 1, and Residential Planned Development Permit No. 2001 -01 - Minor Modification No. 1. Mr. Hogan gave the staff report. Mayor Hunter opened the public hearing. Wayne Colmer, Colmer Development Company, 5000 Parkway Calabasas, Calabasas, discussed the compatibility of the additional units with the existing project. Amado Reynoso, a Moorpark resident, stated his opposition to the project including the incompatibility of single - story homes adjacent to two -story homes; the disparity in scale, character, and design of the two developments; and increased traffic. He submitted photographs of the affected neighborhood to the City Clerk and invited the Councilmembers to visit his neighborhood. Councilmember Harper stated that with the reduction and intensity of use of the old school district office there should be a positive effect on the amount of traffic in the area. He went on to acknowledge Colmer Development Company's cooperation with the City to incorporate the last parcel into the project to bring consistency to the area. Mayor Hunter closed the public hearing. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded the motion to adopt the Mitigated Negative Declaration and Resolution No. 2002 -2024 approving General Plan Amendment No. 2002 -04. The motion carried by unanimous voice vote. Mr. Montes read the ordinance title. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded the motion to waive full reading of Ordinance No. 290. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded the motion to introduce Ordinance No. 290 for first reading. The motion carried by unanimous voice vote. k'0G0 S, 0 Minutes of the City Council Moorpark, California Page 8 MOTION: Councilmember Wozniak n seconded the motion to adopt approving Tract 5307 - Major Residential Planned Development Modification No. 1. The motion vote. November 6, 2002 Loved and Councilmember Mikos Resolution No. 2002 -2025 Modification No. 1, and Permit No. 2001 -01 - Minor carried by unanimous voice C. Consider Re- Allocatina Proceeds from Sale of 6479 -B Penn Street (Community Block Grant Funds). Staff Recommendation: 1) Continue this item to the City Council meeting of November 20, 2002; and 2) Refer the matter to the Budget and Finance Committee for consideration prior to the City Council meeting of November 20, 2002. Ms. Burns gave the staff report. There being no public speakers, Mayor Hunter closed the public hearing. Councilmember Mikos suggested that the Committee consider options to use the money for housing assistance activities for those who need it the most, such as first - time homebuyers and for rental assistance. She went on to inquire whether this is an appropriate time to consider using some of the funds to assist Catholic Charities in obtaining a new home. Councilmember Mikos also offered for consideration of the Committee the resources of the Commission on Human Concerns on which she is a Commissioner. Councilmember Millhouse stated that he and Councilmember Wozniak serve on the Ad Hoc Committee for relocation of Catholic Charities and that they will bring a report back to the City Council. Councilmember Harper stated his support of staff's recommendation and asked that a higher cap than $20,000 per buyer be considered, since in today's market that is not enough. Councilmember Mikos concurred with Councilmember Harper and asked that staff look at other creative options that may have changed since the increase in the market price, such as HUD housing assistance funds. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to: 1) continue this item to the City Council meeting of November 20, 2002; and 2) refer the matter 0 °�G0 S Minutes of the City Council Moorpark, California Page 9 November 6, 2002 to the Budget and Finance Committee for consideration prior to the City Council meeting of November 20, 2002; and 3) to direct the Budget and Finance Committee to consider increasing the dollar amount for housing assistance and other creative opportunities for housing assistance as well as assistance to relocate Catholic Charities. The motion carried by unanimous voice vote. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Report Pertaining to the Efforts Required to Seek a Restriction of Non -Local Truck Traffic on Route 118 Between Route 23 and Route 34. Staff Recommendation: Direct staff to instruct Parsons to: 1) Delete the prior Task 2 (removal of the NHS designation) from the Scope of Work; 2 ) Add a Revised Task 2 to the Scope of Work to conduct a Safety Analysis of the subject Highway Segment for the fee amount indicated in this report; and 3) Defer work on Tasks 3 and 4 until after the Safety Analysis has been reviewed by the City Council. Mr. Gilbert gave the staff report and introduced Tony Velasquez from Parsons Transportation Group. Mr. Velasquez outlined the difficulties the City will have in providing statistical evidence of safety problems generated by truck traffic and the requirement of having a two- thirds vote of the California Transportation Commission (CTC) for approval of truck restrictions on a state highway. In response to Mayor Hunter, Mr. Gilbert stated that State Route (SR) 23 and SR 34 were considered as the furthest westerly points for the purposes of the study; that if a package were developed for an application, the restriction would probably be all the way to Highway 101 with signage on the freeway to advise trucks not to exit onto Santa Clara Road or in Saticoy; an Environmental Impact Report would be necessary; and there would be opposition from many communities if the decision is made to go forward with an application. Councilmember Millhouse recommended expanding the scope of the study to look at restricting rather than prohibiting truck traffic and not to overlook non - quantifiable safety concerns such as the transportation of hazardous materials near waterways or schools. He asked that information regarding the CTC, including the number of members and who appoints them, be provided to Minutes of the City Council Moorpark, California Page 10 November 6, 2002 the Council so that they can be contacted and convinced of the merits of re- routing truck traffic out of Moorpark. In response to Councilmember Wozniak, Mr. Velasquez stated that SR 118 is already on the National Highway System (NHS), which means any deficiencies in the roadway have been corrected to accommodate the truck traffic. He went on to state that to include Highway 118 all the way to the SR 101 corridor, some minor non - standard exceptions had to have been included. Councilmember Wozniak stated that the federal government has allowed loop holes to be used to qualify the roadway for NHS standards. He went on to state that further opportunity for restrictions can be seen on page 93 of the staff report under the description categories of "vehicles transporting hazardous material /waste adjacent to waters" and the "transport of explosives, flammables, liquefied petroleum gas or poisonous gas in a tank truck, trailer or semi trailers in other that the hours between 3:00 a.m. - 5:00 a.m." John Kerkhoff, resident of Somis, representing "Save Our Somis ", opposed the proposal, indicating that SR 34 through Somis is an illogical path, since it is three times as long. He cited the 1991 cooperation between the City of Moorpark and Caltrans to extend the right -of -way for SR 23 and SR 118 through the city, as the start of this problem. He thanked the Council for their intelligent discussion. Barbara Kerkhoff, a resident of Somis, representing "Save Our Somis ", opposed the proposal. She asked for the Council's support in asking Caltrans to perform an Environmental Impact Study of the truck route from SR 118 through SR 34. Ms. Kerkhoff stated that Somis residents would like to participate in discussions with the City of Moorpark in regard to truck traffic. She suggested as a possible alternate prohibition of truck traffic would be to have SR 118 to Grimes Canyon Road and on west to Saticoy to be declared a scenic highway. In response to Mayor Hunter, Mr. Velasquez stated that the material provided on restrictions is based on research performed by Caltrans. He went on to state that the transport of goods and services is a federal issue and that the Federal government would challenge the CTC even with a two - thirds vote. G (DY ( ) 33 Minutes of the City Council Moorpark, California Page 11 November 6, 2002 In response to Mayor Hunter, Mr. Gilbert stated that safety worthiness can be quantified such as accidents per million miles traveled. He also stated that an argument for unsafe conditions can be established based on geometrics such as a curve, a hill, or a line of sight problem; however, it will be difficult to convince Ventura, Oxnard, and Somis who will be in opposition along with the truck lobby. In response to Mayor Hunter's suggestions that inadequate roadway width, lack of shoulder, limited number of truck turnouts, insufficient sight distance, and /or incompatibility of speed limits are safety hazards, Mr. Gilbert stated that it would be difficult to prove without support of an accident history. He went on to state that alternate routes would have to be identified in the application to the CTC in order to prohibit SR 118 through Moorpark as a truck route. In response to Mayor Hunter, Mr. Velasquez stated that part of the application package would include the environmental review, which could take 12- months to two - years to complete. Mr. Gilbert stated that Task 3 would explain the dollars and number of years needed to develop, process, and move the application through the entire CTC program. In response to Councilmember Mikos, Mr. Velasquez stated that the study could explore whether or not the parameters used to qualify the roadway to NHS standards have changed. He went on to clarify that the state looks at restrictions in relation to the cost benefit to fix the roadway versus prohibiting truck traffic. He stated that in his opinion, the state will try to fix the road to maintain truck travel. Councilmember Millhouse stated that diverting truck traffic through Somis does not solve the problem; the consultant needs to identify the safety justifications for prohibiting or restricting truck traffic; and prepare the application to the CTC. He went on to state that the Objective in the staff report on stamped page 96 should be changed to read "Determine the safety justifications that exist to prohibit truck traffic..." Councilmember Harper stated that the roadway study should be extended to include the curves near Mesa Union School, 0 C 0 0 8 I'l Minutes of the City Council Moorpark, California Page 12 November 6, 2002 which is the most geometrically non - compliant stretch of roadway where trucks have been seen to tip over or up onto one set of wheels; that the most logical alternative routes would be SR 101 and /or SR 126; and restrictions to consider should include gross weight, number of axles, and type of material being hauled. In response to Council, Mr. Gilbert stated that the consultant can be asked to identify safety factors used to justify restriction of truck traffic on state routes which are comparable to those found on SR 118. In response to Mayor Hunter, Mr. Kueny stated that if the study includes the roadway west of SR 34, then money will have been spent to exclude trucks from the unincorporated area rather than from within the city. He went on to state that his recommendation would be to first study the area from SR 118 to SR 34 and then if successful, extend it beyond to the west. In response to Councilmember Mikos, Mr. Gilbert stated that the increase in the scope of work to be more global in nature and treat this as a regional issue for the whole corridor would not significantly increase the consultant costs; that he concurs with Mr. Kueny that it would be unfortunate to be successful in prohibiting truck traffic beyond SR 34, but not within in the City; and that safety components within the City, west of Somis and beyond need to be established by the consultant so that no opportunity is lost. MOTION: Councilmember Millhouse moved and Councilmember Wozniak seconded a motion to 1) delete the prior Task 2 (removal of the NHS designation) from the Scope of Work; 2) add a Revised Task 2 to change the objective of the Scope of Work to determine the safety justifications to restrict and /or prohibit truck traffic on SR 118 between SR 23 and a revised westerly limit of State Route 232; and 3) defer work on Tasks 3 and 4 until after the Safety Analysis has been reviewed by the City Council. The motion carried by unanimous voice vote. B. Underaround Conversion of Electrical Transmission Lines on Los Angeles Avenue. Staff Recommendation: Direct staff to proceed with steps necessary to develop a project for the undergrounding of the transmission lines between Shasta Avenue and Millard Street. Mr. Gilbert gave the staff report. Minutes of the City Council Moorpark, California Page 13 November 6, 2002 Councilmember Harper stated that he is in favor of moving ahead and would like the time schedule accelerated; he would like to see Section C included even though there are fiscal constraints; and it may be necessary to create an Undergrounding District to access fees from new development. Councilmember Millhouse concurred with Councilmember Harper. MOTION: Councilmember Millhouse moved and Councilmember Wozniak seconded the motion to develop a project for the undergrounding of the transmission lines between Shasta Avenue and Millard Street. The motion carried by unanimous voice vote. In response to Mr. Kueny, Mayor Hunter clarified that Section C would be included at a later date. C. Consider Art In Public Places Project For Moorpark Marketplace (Tract Map No. 5321). Staff Recommendation: Approve Zelman's (CPD 2001 -01) Art In Public Places project as submitted. Ms. Lindley gave the staff report. Brian Wolfe, architect for P & R Architects, 111 West Ocean Boulevard, #2100, Long Beach, California, described the fountain proposal and how it meets the Art In Public Places criteria. Robert Exel, representing Zelman Retail Partners, 515 South Figueroa, Suite 1230, Los Angeles, California, stated he is available for questions. Gerald Goldstein, a Moorpark resident, discussed the City of Moorpark's history of art in public places and encouraged the public to get involved. Councilmember Harper stated that he likes the additions to the renderings and the accent tiles along the perimeter; he would like to see tiles replace the free standing central element on the colonnade; and that the public will enjoy the fountain. Councilmember Wozniak concurred with Councilmember Harper's comments. 01C, 30�C Minutes of the City Council Moorpark, California Page 14 November 6, 2002 In response to Councilmember Millhouse, Mr. Wolfe stated that the distance between the curb face and the edge of the fountain is three and one -half feet; he does not recommend replacing landscaping with hardscape to the west of the fountain, because this area is not considered a logical pedestrian walkway; and the plantings are intended to preclude easy access to the fountain by children. In response to Mayor Hunter, Ms. Lindley stated that the Art In Public Places Advisory Committee considered the landscaping to be the better alternative to a pedestrian access, since it discourages direct access to the water in the fountain. Councilmember Harper concurred with Ms. Lindley's recollection and stated that the consensus of the Committee was to discourage approaching the fountain from the parking lot. Mayor Hunter and Councilmember Mikos concurred with Councilmember Harper regarding the landscaping instead of hardscape. In response to Councilmember Mikos, Mr. Wolfe described the landscaped pedestrian connections throughout the center. He went on to state that the public could choose to walk directly through the parking lot. In response to Councilmember Millhouse, Mr. Wolfe stated that if a landscaped type of sidewalk is considered for installation in front of the fountain it would create Americans with Disabilities Act compliance issues. MOTION: Councilmember Harper moved and Councilmember Mikos seconded the motion to approve staff's recommendation with the following changes: 1) add tile accents to the wall surrounding the two ponds; 2) replace the free - standing central identity element with a tile element; 3) include the landscaping in front of the fountain and 4) defer future details and changes to staff for approval. The motion carried by voice vote 4 -0, Councilmember Millhouse abstaining. 10. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Mikos seconded a motion to approve the Consent Calendar, with the exception of Item 10.D., which was pulled for individual consideration. The motion carried by unanimous roll call vote. 81 7 Minutes of the City Council Moorpark, California Page 15 November 6, 2002 A. Consider Approval of Minutes of Regular Meeting of October 8, 2002. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - November 6, 2002. Manual Warrants 110895 - 110895 & $ 737.44 110896 - 110901 $ 61,463.22 Voided Warrant 110028 & $ (62.06) 110872 & 110875 & $ (14,758.46) 111044 $ 0.00 Payroll Liability 110902 - 110909 $ 13,193.32 Warrants Regular Warrants 110910 - 111036 & $ 29,896.78 111037 - 111075 $ 410,303.73 Staff Recommendation: Approve the warrant register. C. Consider Amicus Support in Barden v. City of Sacramento. Staff Recommendation: Direct the City Attorney to sign the representation form authorizing the City of Moorpark to be added to the amicus curiae petition. E. Consider Adjustment to the Hourly Rates Charged for Engineering Services.. Staff Recommendation: Approve a 1.8% increase to the rates charged for Engineering Services, effective December 1, 2002. F. Consider Notice of Completion for the Miller Parkwa, Widening Project (Project 8032). Staff Recommendation: Accept the work as complete and direct the City Clerk to record the Notice of Completion. G. Consider Adoption of Resolution Establishing the Annual Investment Policy for the City of Moorpark. Staff Recommendation: Adopt Resolution No. 2002 -2026 establishing the City of Moorpark's Investment Policy. H. Consider Bond Exoneration for Burger King Project (Cimms Inc.). Staff Recommendation: Authorize the City Clerk to exonerate bonds 3SM88956900 and 3SM88957000. ka,� G0uFj Minutes of the City Council Moorpark, California Page 16 November 6, 2002 I. Consider Adoption of a Resolution Revising Rules and Regulations Governing the Use of City Facilities and Rescinding Resolution No. 99 -1582 and Adoption of a Resolution Revising Use Fees for the Use of City Facilities and Rescinding Resolution No. 99 -1583. Staff Recommendation: Adopt Resolution No. 2002 -2027 and Resolution No. 2002 -2028. The following item was pulled from the Consent Calendar for individual consideration: D. Consider Selection of a Consultant to Prepare the Arroyo Simi Trail Study. Staff Recommendation: Approve selection of RRM Design Group to prepare the subject study for a fee amount not to exceed $125,000, and authorize the City Manager to sign the Agreement for this work, subject to final language approval by the City Manager and the City Attorney. Councilmember Mikos stated she pulled this item to bring the subject of the Arroyo Simi Trail Study to the public's attention and to commend staff for their hard work. 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Kueny announced that the City Council would be going into closed session for discussion of Item 12.F. and Item 12.G. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to recess for closed session for discussion of Item 12.F. and Item 12.G. The motion carried by unanimous voice vote. The time was 9:15 p.m. Councilmember Millhouse announced that he would be absent for discussion of Item 12.F., due to a potential conflict of interest. F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 511 -0- 050 -270, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and Colin Velazquez Under Negotiation: Price and terms of payment 0�C () S9 Minutes of the City Council Moorpark, California Page 17 November 6, 2002 G. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 511 -0- 050 -080, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and Monte Louis Abbath Under Negotiation: Price and terms of payment Present in closed session were Councilmember Harper, Councilmember Mikos, Councilmember Millhouse, Councilmember Wozniak and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. Councilmember Millhouse left the closed session at 9:25 p.m., prior to discussion of Item 12.F. The Council reconvened into open session at 9:35 p.m. Mr. Kueny stated that Items 12.F. and 12.G. were discussed and that there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 9:35 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk CN�00 C0® MINUTES OF THE CITY COUNCIL Moorpark, California November 20, 2002 A Regular Meeting of the City Council of the City of Moorpark was held on November 20, 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 6:45 p.m. 2. PLEDGE OF ALLEGIANCE: John Newton, a Moorpark resident and local business person, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Mikos, Millhouse, Harper, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Sergeant Mike Aranda, Sheriff's Department; Walter Brown, City Engineer; Dave Bobardt, Planning Manager; Johnny Ea, Budget and Finance Manager; Nancy Burns, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk, and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation Recognizing November 1, 2002 - December 2003, as Buckle Up for Life Challenge. In the absence of a recipient, Mayor Hunter deferred the presentation. B. Proclamation Recognizing the Week of November 17 - 23, 2002, as Firefighter Appreciation Week. Mayor Hunter introduced Karen Lindstrom, District Director of the Muscular Dystrophy Association from Santa Barbara and asked her to join him in presenting the proclamation to Fire Engineer Dan Preston representing the International Association of Firefighters. 000031. Minutes of the City Council Moorpark, California Page 2 November 20, 2002 Fire Engineer Preston thanked the City for the recognition and introduced Battalion Chief Norm Plott from Battalion 4, Engine Company 40 from Mountain Meadows in Moorpark and Engine Company 42 across the street from City Hall who were present in the audience. Ms. Lindstrom thanked the Council for recognizing the firefighters and asked the local community to stop by the fire stations to drop off cookies or other sweets to honor them during this time. C. City Manager's Monthly Report. Mr. Kueny introduced Mary Lindley, Director of Community Services, who gave the monthly report. Ms. Lindley provided an update on the Community Services Department's progress with regard to several projects including recent updates and anticipated additions to local parks; the plans for the City of Moorpark' s 20th anniversary to be combined with the July 3rd celebration; Councilmember Wozniak's unveiling of the Moorpark Library's expanded computer center; the re- instatement of the "in- house" production of the City's Newsletter /Recreation brochure; the annual October Trick or Treat Village; sports activities and league events; co- sponsorship with Ventura County of a Special Olympics softball tournament; the "After Dark" teen dance and the "Band Jam" for older youths; a flu shot clinic for seniors; successful completion of Senior Games with 350 participants; work towards finalizing an agreement with solid waste haulers to automate the City's waste collection; and combined efforts with the Transportation Division to introduce the design for bus stop shelters. 5. PUBLIC COMMENT: Gerald Goldstein, a Moorpark resident, spoke about safety issues associated with the current configuration of the driveway at City Hall. He recommended that the driveway be continued around the building so that fire trucks and buses do not have to back up to turn around. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Mikos requested that Item 10.A. (specifically, Minutes of October 2, and October 17, 2002) be pulled from the Consent Calendar for editorial corrections. 01CG,CO 0 Minutes of the City Council Moorpark, California Page 3 November 20, 2002 Councilmember Wozniak requested that Item 10.D. be pulled from the Consent Calendar for individual consideration. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos requested a future agenda item to allow Moorpark College to introduce upgrades and new building projects planned for the college campus. She stated that she had provided handouts to the City Manager to disseminate to the Council and indicated collaboration would be needed on various grading and National Pollutant Discharge Elimination System issues. Councilmember Mikos announced that her attendance as a representative for the City of Moorpark at a tour of the northern California water supply, organized by the Fox Canyon Groundwater Agency, included the Bay Delta Area and the Cal - Fed Project. She indicated that she had gained a better understanding of future water quality issues and encouraged fellow Councilmembers to join her in April 2003 for the southern area tour, which will be at the Colorado River. Councilmember Mikos offered resource materials obtained from the tour to the Council for reference. Councilmember Millhouse reiterated Councilmember Wozni.ak's previous request to agendize a discussion on the creation of a recognition wall or monument at the new Police Station to honor those in the community for their good works. Mayor Hunter announced that the Metrolink's 6th Annual Holiday Toy Express Train, decorated with over 50,000 lights is coming to the Metrolink Station in Moorpark on Sunday, December 8th at 7:45 p.m., at which time there will be a 20- minute musical review. He went on to ask citizens to bring their families to see this spectacular event and to donate unwrapped toys to the area's neediest children. Mayor Hunter congratulated the Moorpark Unified School District and Chaparral Middle School, which was recognized for having received the National Blue Ribbon Award for Excellence at a ceremony at the Reagan Library. 8. PUBLIC HEARINGS: A. Consider Re- Allocating Proceeds from Sale of 6479 -B Penn Street (Community Block Grant Funds). (Continued with public hearing open from November 6, 2002, meeting.) C,Q30 rz) 434 Minutes of the City Council Moorpark, California Page 4 November 20, 2002 Staff Recommendation: 1) Continue this item to the City Council meeting of December 4, 2002; and 2) Refer the matter to the Budget and Finance Committee for consideration prior to the Council meeting of December 4, 2002. Ms. Burns stated that the Budget and Finance Committee was unable to meet to consider this matter prior to the hearing and recommended that the item be continued to the December 4, 2002, City Council meeting. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to: 1) Continue this item to the City Council meeting of December 4, 2002; and 2) Refer the matter to the Budget and Finance Committee for consideration prior to the Council meeting of December 4, 2002. The motion carried by unanimous voice vote. B. Consider Use of Supplemental Law Enforcement Services (SLES) Grant Funds for 2002/03 Fiscal Year. Staff Recommendation: 1) Open the public hearing; and 2) Continue the item to the City Council meeting of December 4, 2002. Mr. Riley stated that due to staffing changes this item will require some adjustments and recommended that the City Council open the public hearing and continue this item to the Council meeting of December 4, 2002. Mayor Hunter opened the public hearing. In responses to Mayor Hunter, Ms. Traffenstedt stated that there were no speaker cards. MOTION: Councilmember Mikos moved and Councilmember Wozniak seconded the motion to continue this item with the public hearing open to the City Council meeting of December 4, 2002. The motion carried by unanimous voice vote. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Presentation by Dr. Margaret Peterson, Simi Valley Hospital. Dr. Peterson gave a presentation on the Patient Care Tower planned for addition to the Simi Valley Hospital and invited the Council to the groundbreaking ceremony, beginning at 10:00 a.m. on December 5, 2002. Minutes of the City Council Moorpark, California Page 5 November 20, 2002 Councilmember Millhouse, a member of Governor's for Simi Valley-Hospital, stat • unique opportunity for the residents of • first class "not- for - profit" medical encouraged everyone to attend the ceremony. the Board of :ed that this is Moorpark to use facility. He groundbreaking B. Consider Resolution Authorizing the Issuance of Revenue Bonds Related to the Financing of Vintage Crest Senior Apartments, Authorizing the Execution and Delivery of Related Documents and Approving Actions in Connection Therewith. Staff Recommendation: Adopt Resolution No. LUUL -LUZJ. Mr. Riley presented the staff report making a few minor corrections and additions. He advised the Council that the City will receive a $40,000 issuance fee for this financing and subsequently, on an annual basis, a $24,000 payment to be shared with Urban Futures for the monitoring of the project's affordability covenants. He went on to request that the City Council's motion to adopt this resolution include language that the financial documents associated with this approval will be subject to final language approval by the City Manager and the City Attorney. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no public speakers. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to adopt Resolution No. 2002 -2029 authorizing the issuance of revenue bonds related to the financing of Vintage Crest Senior Apartments, authorizing the execution and delivery of related documents, approving actions in connection therewith, and including language that the financial documents associated with this approval will be subject to final language approval by the City Manager and the City Attorney. The motion carried by unanimous voice vote. C. Consider Funding Source for Arroyo Vista Community Park Phase II. Staff Recommendation: Authorize a loan for up to $712,351 from the General Fund Reserve Balance to the Park Improvement Fund - Community Zone, for AVCP Phase II. Ms. Lindley gave the staff report on the Budget and Finance Committee's recommendation for the loan. 0.0 "��C Minutes of the City Council Moorpark, California Page 6 November 20, 2002 In response to Mayor Hunter, Ms. Traffenstedt stated that there were no public speakers. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to authorize a loan for up to $712,351 from the General Fund Reserve Balance to the Park Improvement Fund - Community Zone, for Arroyo Vista Community Park Phase II. The motion carried by unanimous voice vote. D. Consider Appropriating Funds for Fountain Maintenance. Staff Recommendation: 1) Adopt Resolution No. 2002 -2030, amending the FY 02/03 budget by transferring $5,700 from the Citywide Landscape and Lighting Assessment District (2300.5500) to the Citywide Landscaping Maintenance Expenditure Budget (2300.7900). Ms. Lindley gave the staff report indicating that the maintenance funds for the fountain at Mountains Meadow Plaza were not included in the original City Council budget approval and that an amendment is required. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no public speakers. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2002 -2030 amending the Fiscal Year 2002/2003 budget by transferring $5,700 from the Citywide Landscape and Lighting Assessment District (2300.5500) to the Citywide Landscaping Maintenance Expenditure Budget (2300.7900). The motion carried by unanimous roll call vote. 10. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to approve the Consent Calendar with the exception of the Minutes of the Regular Meeting of October 2, 2002 and the Minutes of the Adjourned Meeting of October 17, 2002, in Item No. 10.A., which were pulled for editorial corrections and Item No. 10.D., which was pulled for individual consideration. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California Page 7 November 20, 2002 B. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - November 20, 2002. Manual Warrants 111084 - 111091 & $ 81,156.34 111092 $ 280.88 Voided Warrant 111085 $ .00 Payroll Liability Warrants Regular Warrants 111076 - 111083 $ 12,904.62 111093 - 111188 & $ 21,702.70 111189 - 111216 $ 569,460.88 Staff Recommendation: Approve the warrant register. C. Consider Quarterly Treasurer's Report for the Quarter Ended September 30, 2002. Staff Recommendation: Receive and file Quarterly Treasurer's Report. E. Consider Approval of Disposal of Surplus Storage Items. Staff Recommendation: Adopt Resolution No. 2002 -2031 declaring the attached list of items as surplus and authorize the City Manager to dispose of surplus items. F. Consider Resolution to Revise the Amount of the Fund Transfers into the Landscaping and Lighting Funds to Reflect Actual FY 01/02 Expenses and Revenues. Staff Recommendation: Adopt Resolution 2002 -2032 amending FY 02/03 Budget by appropriating additional monies from the General Fund and the Gas Tax Fund in order to revise the amounts of certain fund transfers to the Maintenance Assessment District Funds. G. Consider Agreement Between the City and the County of Ventura Pertaining to the Sharing of Maintenance Costs for the Traffic Signal at the Intersection of Tierra Rejada Road, Miller Parkway, and Moorpark Road. Staff Recommendation: Approve the Agreement and authorize the Mayor to execute same. The following items were pulled from the Consent Calendar for individual consideration: A. Consider Approval of Minutes of Special Joint Meeting of the City Council and Parks & Recreation Commission of April 10, 2002. 00;O0S)? Minutes of the City Council Moorpark, California Page 8 November 20, 2002 Consider Approval of Minutes of Regular Meeting of October 2, 2002. Consider Approval of Minutes of Adjourned Meeting of October 17, 2002. Consider Approval of Minutes of Special Meeting of October 30, 2002. Staff Recommendation: Approve the minutes Councilmember Mikos stated that she would like the minutes of October 2, and October 17, 2002, to return to the Council for approval after certain corrections have been made, which she will discuss with the City Clerk. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to approve the Special Joint City Council and Parks & Recreation Commission minutes of April 10, 2002 and the Special City Council meeting minutes of October 30, 2002. The motion carried by unanimous voice vote. D. Consider Request by Moorpark Unified School District for Tennis Equipment Storage. Staff Recommendation: Authorize the placement of a storage box in the trash enclosure at Arroyo Vista Community Park as identified in the Agenda Report. Councilmember Wozniak stated that the School District has not cooperated in finalizing the maintenance agreement; he will not support this item; an option would be to give the maintenance of the four courts owned by the School District back and let them find the money for maintenance; the maintenance agreement should not be a matter of interpretation it should be a reality; and regardless of what happened in the past an agreement needs to be signed and the tennis courts maintained for the benefit of the community. In response to Mayor Hunter, Councilmember Millhouse stated that he is a member on the committee, which was formed to work with the School District in regard to this issue. He went on to state that written documentation refutes the recollection of the former superintendent that there was no planned maintenance agreement; unfortunately, the tennis courts opened prior to the signing of a maintenance agreement; he believes that C, CIO, .. >8 Minutes of the City Council Moorpark, California Page 9 November 20, 2002 there will be a resolution of the maintenance issue with new representatives on the school board; and that he will be voting in favor of this item since the children and coaches need a place to store their equipment. In response to Mayor Hunter, Councilmember Harper stated that it is unclear from the committee meetings whether the new school board acknowledges any responsibility for maintenance of the courts; it is clear that it is very important to memorialize this type of agreement in writing, especially due to the change over in representation on the school board; and he cannot see this type of misunderstanding occurring in the future. Councilmember Millhouse stated that the school board expressed a concern or position that the School District's contribution to the construction costs of the tennis courts had relieved them of any future maintenance obligations; however, in reviewing the records, this proved not to be the case. He went on to cite the City's reverse situation in regard to the City's contribution to the construction costs of the Chaparral Middle School gym, where a signed agreement did not include on -going maintenance costs. In response to Mayor Hunter, Mr. Kueny stated that the School District uses the tennis courts for about 180 school days a year from 7:30 a.m. to 3:00 p.m. and until 5:00 p.m. during tennis season. Councilmember Mikos stated that she was not on the ad hoc committee and is using the record accompanying the agenda packet for background information, which is a copy of a letter dated in 1997 from the Moorpark Unified School District and signed by the then Superintendent, Mr. Duffy. She went on to state that the letter indicates the School District was aware that a maintenance agreement would be forthcoming; that now that the documentation has been provided, the School District can see they had agreed to help with the maintenance costs of the courts; she sees no reason to hold up this item regarding the request for a storage facility; and she concurs with Councilmember Harper that in the future a letter will not be sufficient, a signed agreement will be necessary. Mayor Hunter stated that it is hard to believe that there was never any intent on the part of the School District Minutes of the City Council Moorpark, California Page 10 November 20, 2002 to participate in the on -going maintenance costs when they use the courts about 50 percent of the available court hours. He indicated that he is in favor of moving forward with providing the storage unit and also moving forward with the maintenance agreement. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no public speakers. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded the motion to authorize the placement of a storage box in the trash enclosure at Arroyo Vista Community Park as identified in the Agenda Report. The motion carried by voice vote 4 -1, Councilmember Wozniak dissenting. 11. ORDINANCES: A. Consider Ordinance No. 290, an Ordinance of the City of Moorpark, California, Approving Zone Change No. 2002 -04 for a Change of Zone from R -1 (Single Family Residential) to RPD (Residential Planned Development) 9.1 Dwelling Units /Acre on 0.33 Acres of Property Located at the Northwest Corner of Millard Avenue and Los Angeles Avenue. Staff Recommendation: Declare Ordinance No. 290 read for the second time and adopted as read. Ms. Traffenstedt read the title of Ordinance 290. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to waive further reading of Ordinance No. 290. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded the motion to declare Ordinance No. 290 read for a second time and adopted as read. The motion carried by unanimous voice vote. 12. CLOSED SESSION: Mr. Kueny announced that the City Council would be going into closed session for discussion of Item I. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to adjourn to closed session for a discussion of Item 12.I. on the agenda. The motion carried by unanimous voice vote. ,,,^ 2.,0 Minutes of the City Council Moorpark, California Page 11 November 20, 2002 I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, Assistant to City Manager /City Clerk, City Manager, City Attorney, City Engineer, Chief of Police, Administrative Services Director, Community Development Director, Community Services Director, and Public Works Director. AT THIS POINT in the meeting, a recess was declared. The time was 7:50 p.m. The Council reconvened into closed session at 8:05 p.m. Present in closed session were Councilmembers Harper, Mikos, Millhouse, Wozniak and Mayor Hunter; Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 9:10 p.m. Mr. Kueny stated that Item 12.I. was discussed and that there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 9:10 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 01� C :01 MINUTES OF THE CITY COUNCIL Moorpark, California December 4, 2002 A Regular Meeting of the City Council of the City of Moorpark was held on December 4, 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 6:45 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember John Wozniak led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Wozniak, and Mayor Hunter. Staff Present: Steven Kueny, City Manager, Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Ken Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Walter Brown, City Engineer; Sergeant Rick Alaniz, Sheriff's Department; Nancy Burns, Senior Management Analyst; John Hartnett, Recreation Superintendent; Deborah Traffenstedt, Assistant to City Manager /City Clerk; Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Consider City Council Resolution Reciting the Fact of the General Municipal Election Held on November 5, 2002, and Declaring the Election Results and Such Other Matters as Required by Law. Staff Recommendation: Adopt Resolution No. 2002 -2033. Ms. Traffenstedt gave the staff report. MOTION: Councilmember Wozniak moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2002 -2033. The motion carried by unanimous voice vote. 0 J, - A. Minutes of the City Council Moorpark, California Paqe 2 December 4, 2002 B. City Presentation to Councilmember Wozniak. Mayor Hunter spoke in honor of Councilmember Wozniak and presented him with the City of Moorpark's plaque and a gift in appreciation of his service as a Councilmember for the City of Moorpark. Russ Hopkins, on behalf of the Honorable Tom McClintock, State Senator, 19th District, presented a California Legislative Assembly Resolution to Councilmember Wozniak for his years of dedicated service to the community of Moorpark. Jarrod DeGonia, on behalf of Supervisor Judy Mikels, presented Councilmember Wozniak with a Resolution from the Ventura County Board of Supervisors honoring him for his inspirational leadership. Gary Cabriales, President of the Moorpark Board of Education, presented Councilmember Wozniak with a plaque and recognized him as a role model for public service to the community. Councilmember Paul Miller, representing the City of Simi Valley, presented Councilmember Wozniak with an Honorary Resolution from the City of Simi Valley. Starett Kressman, representing the Ventura County Library Commission, presented Councilmember Wozniak with a plaque honoring his service on the Commission. David Sakata, representing the Moorpark Kiwanis Club, presented Councilmember Wozniak with a Certificate of Appreciation for service to the community. Diane Galvin, President of the Moorpark Rotary Club, presenting Councilmember Wozniak with a plaque honoring his "Service Above Self" for the City of Moorpark. Virginia Hayward, Chief Executive Officer of the Moorpark Chamber of Commerce, presented Councilmember Wozniak with a Certificate of Recognition for service to the community. ��. c J� , , —U ^ oi,j Minutes of the City Council Moorpark, California Page 3 December 4, 2002 Chris Evans, former Councilmember for the City of Moorpark and Board Member Elect to the Moorpark Unified School District, along with Bernard Perez, former Councilmember for the City of Moorpark, expressed their appreciation for Councilmember Wozniak's work on behalf of the community of Moorpark. C. Comments from Councilmember Wozniak. Councilmember Wozniak thanked those making proclamations and expressed appreciation for the opportunity to serve on the Council. He congratulated Councilmember elect Parvin and advised that the best approach on the Council is to think with the head and vote with the heart. Mayor Hunter thanked Councilmember Wozniak and stated that the City of Moorpark looks forward to continuing to hear from him in the future. D. City Clerk administers the Oath of Office to Councilmember Clint Harper. Ms. Traffenstedt administered the Oath of Office to Councilmember Clint Harper. E. City Clerk administers the Oath of Office to Councilmember elect Janice Parvin. Ms. Traffenstedt administered the Oath of Office to Councilmember elect Janice Parvin. F. City Clerk administers the Oath of Office to Mayor Patrick Hunter. Ms. Traffenstedt administered the Oath of Office to Mayor Patrick Hunter. G. Comments from Councilmember Harper. Councilmember Harper thanked those who encouraged him to run for re- election and who supported his campaign. He stated that he looks forward to bringing several projects in the City of Moorpark to completion. G C 3 Ore Minutes of the City Council Moorpark, California Page 4 December 4, 2002 H. Comments from Councilmember Parvin. Councilmember Parvin thanked her friends, family, City Councilmembers, campaign staff, and her husband, Dale Parvin for their encouragement and support. She stated that she looks forward to focusing on the long term fiscal growth of the City of Moorpark and the ability to develop, strengthen, and promote businesses. She expressed appreciation for the opportunity to serve on the Council and encouraged others to become involved in service to the community. I. Comments from Mayor Hunter. Mayor Hunter congratulated Councilmembers Harper and Parvin. He expressed appreciation for the support system provided by the families of Councilmembers, which makes it possible for the Councilmembers to make their commitment to serve the community. J. Consider Nomination and Selection of Mayor Pro Tempore. MOTION: Councilmember Mikos moved and Mayor Hunter seconded a motion to nominate Councilmember Millhouse to serve as Mayor Pro Tempore. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, Mayor Hunter announced that the meeting would recess for a reception. The time was 7:40 p.m. The meeting reconvened at 8:15 p.m. with all Councilmembers present. 5. PUBLIC COMMENT: Gerald Goldstein, Moorpark resident, expressed concern about the smoke created by controlled burns occurring in the City. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 8:17 p.m. The City Council meeting reconvened at 8:18 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. CI C 4*-. "�' R1 ;5 Minutes of the City Council Moorpark, California Page 5 December 4, 2002 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: None. 8. PUBLIC HEARINGS: A. Consider Re- Allocating Proceeds from Sale of 6479 -B Penn Street (Community Block Grant Funds). (Continued from the November 20, 2002, meeting with public hearing open.) Staff Recommendation: 1) Receive public testimony; and 2) Direct staff as deemed appropriate. Mr. Riley gave the staff report and referenced a memo issued subsequent to the Budget and Finance Committee meeting on December 2, 2002. He stated that the committee's recommendation is to spend the proceeds to acquire property for affordable housing with a site to be determined at a later date. In response to Councilmember Mikos, Mr. Riley confirmed that there is pressure to spend the approximate $220,000 representing the proceeds of the sale of the Penn Street property quickly since excess funds have accumulated in the Letter of Credit. Mayor Hunter stated that the public hearing remains open. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no public speakers. In response to Councilmember Harper, Mr. Riley stated that the remainder of the funds in excess of the $200,000 can be considered for re- allocation in March of 2003. Mayor Hunter closed the public hearing. MOTION: Councilmember Mikos moved and Councilmember Harper seconded the motion to re- allocate the proceeds from the sale of 6479 -B Penn Street as quickly as possible for the acquisition of property. The motion carried by unanimous voice vote. 3 1. 06 Minutes of the City Council Moorpark, California Page 6 December 4, 2002 B. Consider Use of Supplemental Law Enforcement Services (SLES) Grant Funds for 2002/03 Fiscal Year. (Continued from November 20, 2002, meeting with public hearing open.) Staff Recommendation: 1) Conduct public hearing; and 2) Approve revised SLES expenditure plan. Mr. Kueny gave the staff report. In response to Councilmember Harper, Mr. Kueny stated that the recommendation was developed in conjunction with the Sheriff's Department. Mayor Hunter stated that the public hearing remains open. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no public speakers. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to approve the revised Supplemental Law Enforcement Services revised expenditure plan as contained in the staff report. The motion carried by unanimous voice vote. C. Consider Minor Modification No. 1 to Industrial Planned Development 99 -01 and 99 -02 to Modify Condition No. 5 of City Council Resolution No. 99- 1658, Requesting Extension of Time to June 6, 2004, for `Use Inauguration" of Project Located on Lots 15 and 16 of Tract No. 3492 at the Northeast Corner of Condor Drive and Los Angeles Avenue, on the Application of Calabasas BCD, Inc. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Adopt Resolution No. 2002 -2034 approving Minor Modification No. 1 to Industrial Planned Development No. 99 -01 and 99 -02, amending Conditions of Approval. Mr. Hogan gave the staff report. In response to Councilmember Mikos, Mr. Hogan stated that it is his understanding that the applicant is comfortable with the changes in the Conditions of C.a.1 " Minutes of the City Council Moorpark, California Page 7 Approval, which bring them into current code and policy requirements. Mayor Hunter opened the public hearing. December 4, 2002 compliance with Edward J. Ball, Jr., representing Ball Properties, 521 Spectrum Circle #13, Moorpark, California, stated he is available for questions. In response to Mayor Hunter, Mr. Ball stated that he has had the opportunity to review the revised Conditions of Approval and he concurs with the changes. Mayor Hunter closed the public hearing. Councilmember Mikos asked that an editorial change be made to page 26 of the staff report to delete the duplication of the title for the National Pollutant Discharge Elimination System. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to adopt Resolution No. 2002 -2034 approving Minor Modification No. 1 to Industrial Planned Development No. 99 -01 and 99 -02, amending Conditions of Approval along with the editorial correction on page 26 of the staff report and any other final language revisions the City Manager deems appropriate. The motion carried by unanimous voice vote. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Presentation by Starett Kressman, Ventura County Libraries. Starett Kressman, Director of the Ventura County Library Services gave the presentation and reported on the accomplishments and services of the Moorpark Library and activities sponsored by the Ventura County Library. AT THIS POINT in the meeting, Mayor Hunter asked that the Council waive rules and consider Items 9.B. through 9.G. concurrently. CONSENSUS: It was the consensus of the Council to waive the rules to consider Items 9.B. through 9.G. concurrently. Minutes of the City Council Moorpark, California Page 8 December 4, 2002 Mayor Hunter stated that there had not been an opportunity to interview the candidates for all of the boards and commissions and asked that several appointments be continued to the January 15, 2003, City Council Meeting. He indicated that he was prepared to make appointments to the Senior Center Advisory Committee and to the Citizens Transportation Advisory Committee. In response to Mayor Hunter, Ms. Traffenstedt stated that there was one speaker for Items 9.B. through 9.F. Gerald Goldstein, a Moorpark resident, stated that his services are available to the City. B. Consider Appointments to the Planning Commission. Staff Recommendation: Appoint five (5) Planning Commissioners to serve a two -year term ending December 2004. CONSENSUS: It was the consensus of the Council to continue this item to the January 15, 2003, City Council Meeting. C. Consider Appointments to the Parks and Recreation Commission. Staff Recommendation: Appoint five (5) Parks and Recreation Commissioners to serve a two -year term ending December 2004. CONSENSUS: It was the consensus of the Council to continue this item to the January 15, 2003, City Council Meeting. D. Consider Appointments to the Senior Center Advisory Committee. Staff Recommendation: Appoint five (5) Senior Center Advisory Committee members to serve a two -year term ending December 2004. MOTION: Mayor Hunter moved and Councilmember Millhouse seconded the motion to nominate Morrie Abramson, Robert Moser, Mary Lou Murphy, Nancee Walker, and Carole Woolsey to serve as members on the Senior Center Advisory Committee. The motion carried by unanimous voice vote. 0 1C lor9 Minutes of the City Council Moorpark, California Page 9 December 4, 2002 E. Consider Appointments to the Public Art Advisory Committee. Staff Recommendation: Appoint two (2) public representatives to serve a two -year term ending December 2004. CONSENSUS: It was the consensus of the Council to continue this item to the January 15, 2003, City Council Meeting. F. Consider Appointments to the Citizens Transportation Advisory Committee. Staff Recommendation: Appoint two (2) representatives and one (1) alternate to serve a two -year term ending December 2004. MOTION: Mayor Hunter moved and Councilmember Mikos seconded the motion to nominate Donald Bing and Gerald Squier to serve as representatives on the Citizens Transportation Advisory Committee with John Brand, Senior Management Analyst for the City to serve as alternate. The motion carried by unanimous voice vote. G. Consider Appointments to the Air Pollution Control District Advisory Committee. Staff Recommendation: Appoint one (1) representative to serve a four -year term ending January 2007. CONSENSUS: It was the consensus of the Council to continue this item to the January 15, 2003, City Council Meeting. H. Consider Adopting Revised City Council Policies Resolution and Rescinding Resolution No. 2001 -1926. Staff Recommendation: Adopt Resolution No. 2002- Ms. Traffenstedt gave the staff report and provided an additional recommended revision to Policy 3, Meetings and Conference Expenses, regarding a mileage reimbursement section for city appointees to boards, commissions, and committees who are required to travel on a regular basis to meetings outside the City and do not receive an honorarium. In response to Councilmember Mikos, Ms. Traffenstedt stated that Item 6. under Section S. on page 109 of the staff report would be amended to indicate that a member to the Public Arts Committee could be Minutes of the City Council Moorpark, California Page 10 December 4, 2002 considered from applicants residing or working within the City's Area of Interest. A discussion followed among regarding Section 16, Item 3. change to the wording to cl( to which maximum flexibility the selection of individuals harassment incidents. the Council and staff, on page 128 concerning a early define the category is afforded employees in to whom they can report Mr. Kueny recommended that this item return to the Council as a Consent Calendar item on December 18, 2002, to allow staff to revise the section either by referencing another document such as the Classification Plan or to create a list of positions that the employee can reference in making their selection of whom to report an incident. Mayor Hunter concurred and added that the amendment to the mileage reimbursement, which seems fair and warranted, could also return at the same time. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speaker cards. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to continue this item to the Consent Calendar for the December 18, 2002, regular City Council meeting to allow staff to include the revisions to Section 3 and Section 16. The motion carried by unanimous voice vote. I. Consider Cit, Appointments Redevelopment Recommendatio Redevelopment assignments. Council Standing and Ad Hoc Committee and Other City Council and Moorpark Agency Committee Assignments. Staff n: Determine City Council and Moorpark Agency committee appointments and Ms. Traffenstedt stated that since the previous item on the agenda regarding policy changes was not adopted, it would be necessary for the Council to waive their rules in order to proceed with the recommendations. CONSENSUS: It was the consensus of the Council to waive the rules. Minutes of the City Council Moorpark, California Page 11 December 4, 2002 Ms Traffenstedt proceeded with giving the staff report and stated that the actual schedule for the Standing Committees would be presented at the first meeting in January 2003. Councilmember Mikos advised the Council that the Transportation Policy Planning Committee as mentioned on page 133 of the staff report should be deleted as it was abandoned by the Ventura County Transportation Committee (VCTC) when they reorganized to allow all the cities to be alternates on the VCTC. She noted that on page 131 the members on Public Works, Facilities, & Solid Waste Standing Committee should be corrected to show the names of Mikos & Wozniak. Councilmember Mikos went on to comment that she would like to serve on the Affordable Housing /Community Development Standing Committee as she already interacts with them in her role as the Director of the Commission on Human Concerns. Councilmember Harper stated that although he is happy serving on the Affordable Housing /Community Development Standing Committee, he would defer to Councilmember Mikos. Mayor Hunter suggested that the alternate under Affordable Housing /Community Development be Councilmember Harper. CONSENSUS: It was the consensus of the Council to reappoint Mayor Hunter and to appoint Councilmember Mikos as members of the Affordable Housing /Community Development Standing Committee with Councilmember Harper as an alternate. Councilmember Harper stated his desire to serve on the Budget and Finance Standing Committee. Councilmember Millhouse volunteered to be the alternate member. CONSENSUS: It was the consensus of the Council to reappoint Mayor Hunter and to appoint Councilmember Harper as members of the Budget and Finance Standing Committee with Councilmember Millhouse as an alternate. Minutes of the City Council Moorpark, California Page 12 December 4, 2002 Councilmember Mikos stated she is flexible with regard to staying on the Public Works, Facilities and Solid Waste Standing Committee or the Transportation & Streets Standing Committee. Councilmember Parvin indicated her willingness to serve on the Public Works, Facilities and Solid Waste Standing Committee. Mayor Hunter stated he could be the alternate. CONSENSUS: It was the consensus of the Council to reappoint Councilmember Mikos and appoint Councilmember Parvin as members of the Public Works, Facilities, & Solid Waste Standing Committee with Mayor Hunter as the alternate. Councilmember Parvin stated she would like to serve on the Economic Development Standing Committee and volunteered to be an alternate on the Transportation & Streets Standing Committee. Councilmember Harper stated that he would move from the Economic Development Standing Committee to be a member of the Transportation & Streets Standing Committee. Councilmember Mikos agreed to be the alternate for the Economic Development Standing Committee. CONSENSUS: It was the consensus of the Council to reappoint Councilmember Millhouse and to appoint Councilmember Harper as members of the Transportation & Streets Standing Committee with Councilmember Parvin as the alternate. CONSENSUS: It was the consensus of the Council to reappoint Councilmember Millhouse and to appoint Councilmember Parvin as members of the Economic Development Standing Committee with Councilmember Mikos as the alternate. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speaker cards. G ,�, Minutes of the City Council Moorpark, California Page 13 December 4, 2002 Mayor Hunter stated that the members of the committees can discuss convenient times to meet and bring the schedule back at the January 2003 meeting. Ms. Traffenstedt stated that the schedule for the Council Standing Committees would be on the January 15, 2003, agenda. In response to Mayor Hunter, Mr. Kueny stated that if any of the committees have a need to meet prior to January 15, 2003, a Special Meeting can be called. A discussion followed regarding members on Ad Hoc Committees resulting in the following changes: The Joint Use Library Committee was deleted and the Public Art Advisory Committee was relocated to the category of Other Assignments. Councilmember Parvin volunteered to replace Councilmember Wozniak on the Public Customer Service Program Ad Hoc Committee; and on the Industrial Planned Development Permit No. 2000 -10 on the Application of Asadurian Investments Ad Hoc Committee. Councilmember Harper volunteered to be a member on the Catholic Charities Relocation Ad Hoc Committee replacing Councilmember Wozniak. A discussion followed regarding representation on Other Assignments with the following changes: Councilmember Parvin volunteered to replace Councilmember Millhouse as a member on the Economic Development Collaborative of Ventura County and as a member on the Public Art Advisory Committee. Councilmember Harper volunteered to serve as the representative on the Ventura County Library Service Commission. Councilmember Millhouse had previously volunteered to complete the City's term as a regular member on the Ventura County Transportation Commission. Minutes of the City Council Moorpark, California Page 14 December 4, 2002 Mayor Hunter stated he will continue to serve on the Ventura County Animal Regulation Commission and volunteered to replace Councilmember Harper on the Ventura Cities Mortgage Financing Authority with any remaining City Councilmember as an alternate for both entities. Mr. Kueny recommended and the City Council concurred to the deletion of the City Veteran's Liaison to the Ventura Veteran's Home Project Committee since the intended purpose of the committee has been served. J. Consider Appointment of a City Council Ad Hoc Committee for the North Park Village Project Development Agreement. Staff Recommendation: Appoint a North Park Village Project Ad Hoc Committee. Ms. Traffenstedt gave the staff report. CONSENSUS: It was the consensus of the Council to appoint Mayor Hunter and Councilmember Harper to the North Park Village Project Ad Hoc Committee. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speaker cards. Mr. Kueny stated that the North Park Village Project Ad Hoc Committee will added to the list of City Council Ad Hoc Committees. 10. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Special Meeting of August 21, 2002. Consider Approval of Minutes of Regular Meeting of October 2, 2002. Consider Approval of Minutes of Adjourned Meeting of October 17, 2002. Minutes of the City Council Moorpark, California Page 15 December 4, 2002 Consider Approval of Minutes of Special Meeting of November 6, 2002. Staff Recommendation: Approve the minutes as processed B. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - December 4, 2002. Manual Warrants Voided Warrant Payroll Liability Warrants Regular Warrants 111225 - 111227 & 110901 & 110930 110978 & 111085 & 111295 111217 - 111224 $ 262,412.40 $ (46, 778.76) $ 12,630.17 111228 - 111291 & $ 15,486.12 111292 - 111311 $ 240,771.48 Staff Recommendation: Approve the warrant register. C. Consider Cancellation of January 1, 2003, Regular Meeting. Staff Recommendation: Direct staff to post a notice of meeting cancellation for the January 1, 2003, meeting. D. Consider Approval of Plans and Specifications and Authorization to Advertise for Receipt of Bids for the 2002 Curb Ramp Project. Staff Recommendation: 1) Approve the plans and specifications for the subject project, and 2) Authorized staff to advertise for receipt of bids for construction of the project. E. Consider Revised Budqet for 3rd of July Fireworks Event, and Adoption of a Budget Amendment. Staff Recommendation: 1) Adopt Resolution No. 2002 -2035, amending the FY 02/03 budget by appropriating an additional $11,000 from the General Fund Reserve Balance for the July 3rd Event; and 2) Approve the $2.00 per person entrance fee for individuals over the age of 5 years old for the July 3, 2003 Event. F. Consider Request for Proposal for Older Americans Act Grant Funds for Senior Center Health and Wellness Programs. Staff Recommendation: Adopt Resolution No. C 0 1rG Minutes of the City Council Moorpark, California Page 16 December 4, 2002 2002 -2036, approving and authorizing this grant application through the Ventura County Area Agency on Aging to secure funds for health and wellness screenings at the Moorpark Senior Center. G. Consider Adoption of a Resolution for FY 02/03 Budget Amendment for the Senior Center New Year's Event. Staff Recommendation: Adopt Resolution No. 2002 -2037, amending the FY 02/03 budget by allocating $300 from the Senior Trust Fund (1000.2612) for the Senior Center New Year's event. 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Kueny requested that the City Council go into closed session under Item 12.A. (one case), Item 12.B. (one case) , and Items 12.H. and 12.I. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adjourn to closed session for a discussion of one case under Item 12.A., one case under Item 12.B., and Items 12.H. and 12.I on the agenda. The motion carried by unanimous voice vote. The time was 9:12 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) H. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 511 -0- 090 -250, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and Margaret Irene Gisler Cullen Trust Under Negotiation: Price and terms of payment Minutes of the City Council Moorpark, California Page 17 December 4, 2002 I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, Assistant to City Manager /City Clerk, City Manager, City Attorney, City Engineer, Chief of Police, Administrative Services Director, Community Development Director, Community Services Director, and Public Works Director. Mr. Montes announced that the facts and circumstances creating significant exposure to litigation consist of written communication from the Ventura County Grand Jury regarding code enforcement and redevelopment activities. AT THIS POINT in the meeting, a recess was declared. The Council convened into closed session at 9:20 p.m. Present in closed session were Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; John Vandevelde, Special Legal Counsel; Hugh Riley, Assistant City Manager; Mary Lindley, Community Services Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. Ms. Lindley left the closed session at 9:25 p.m. Mr. Vandevelde left the closed session at 10:17 p.m. The Council reconvened Kueny announced that under Item 12.B., and and that there was no 13. ADJOURNMENT: into open session at 10:25 p.m. Mr. one case under Item 12.A., one case Items 12.H. and 12.I were discussed action to report. Mayor Hunter adjourned the meeting at 10:25 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk () CC'I- .,lPi MINUTES 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 Minutes of the City Council 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. C'VN0111 "1"0 Minutes of the City Council 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. S. 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 concurred with the opposition at Old Moorpark Road. Tierra Rejada Family Farms, to the proposed road changes �1 -� C -0 11 ' �� v ,�.. ass 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, had had an informational Mikels' office, during which City intersection. Mr. Brecunier stated that he conversation with Supervisor he was told that this is a 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. '� �" Minutes of the City Council Moorpark, California Page 5 Councilmember Mikos stated that Council meeting prior to January necessary, but questioned what have over this problem since this December 18, 2002 she is willing to have a 15, 2003, if it is deemed authority the City would 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. eG G .1- #01"6*03 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 Minutes of the City Council Moorpark, California Paae 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 Minutes of the City Council Moorpark, California Page 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. C ro ,fie �n 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 Paae 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 () �ru ��® Minutes of the City Council Moorpark, California Paqe 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 C Minutes of the City Council Moorpark, California Paqe 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 Freewav 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 Paae 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 ''U 3 4 6"13 Minutes of the City Council 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 Warrants Regular Warrants 111312 - 111319 $ 12,800.33 111327 - 111414 & $ 20,212.95 111415 - 111435 $ 488,457.58 Staff Recommendation: Approve the warrant register. Minutes of the City Council Moorpark, California Page 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, C1 Minutes of the City Council Moorpark, California Paae 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 and Councilmember Mikos seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 8:30 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 0G G � 4' 31