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HomeMy WebLinkAboutAGENDA REPORT 2003 0205 CC REG ITEM 10AITEM 10s A MINUTES OF THE CITY COUNCIL A( IMP Moorpark, California Regular Meeting of the City Council of the City Ro Moorpark was held on December 5, 2001 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. INVOCATION: Pastor Tony Amatangelo, from Life Spring Community Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Councilmember Millhouse led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Wozniak, and Mayor Hunter Staff Present: Steven Kueny, City Manager, Joseph Montes, City Attorney; Bradley Wohlenberg, Assistant City Attorney; Hugh Riley, Assistant City Manager; Ken Gilbert, Public Works Director; Mary Lindley, Community Services Director; Dana Shigley, Administrative Services Director; Captain Robert LeMay, Sheriff's Department; Walter Brown, City Engineer; John Libiez, Planning Manager; Deborah Traffenstedt, Assistant to City Manager/ City Clerk; and La -Dell VanDeren, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Consider Selection of Mayor Pro Tem. Staff Recommendation: Select a Mayor Pro Tem. Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there are no public speakers for this item. ®0009:1 Minutes of the City Council Moorpark, California Paae 2 December 5, 2001 Councilmember Harper said that Councilmember Wozniak has advised him that it is typical for the seated Mayor Pro Tem to nominate a successor for this position on the Council. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to nominate Councilmember Mikos for Mayor Pro Tem. The motion carried by unanimous voice vote. 6. PUBLIC COMMENT: Christine Hester, a Moorpark resident, addressed the Council as a representative of the organization Concerns of Police Survivors (COPS) and as a member of the Moorpark Kiwanis Club. She asked the Council and the community to support Project Blue Light. She explained that Project Blue Light is the placement of blue lights outdoors or indoors to symbolize the remembrance of public safety personnel who have given their lives in the line of duty. She stated that the Moorpark Kiwanis Club has adopted Project Blue Light as one of their projects and will be stringing blue lights on the Moorpark Police Station. Gerald Goldstein, a Moorpark resident, discussed safety concerns relative to the potential for broken fluorescent light fixtures in the Citrus Room and the Senior Center in the event of an earthquake. He also discussed concerns relative to a training demonstration conducted by the Ventura County Fire Department on Poindexter Avenue in Moorpark. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Hunter requested that Item 9.E. be reordered as the first public hearing item since there are numerous speakers present to hear this item. CONSENSUS: By consensus, the Council determined to reorder the agenda to consider Item 9.E. on the agenda as the first public hearing. Minutes of the City Council Moorpark, California Paqe 3 December 5, 2001 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Millhouse requested a future agenda item to consider the signage being permitted for private used car sales in the City. Councilmember Harper requested a future agenda item to consider dedicating the public art at the Von's Center to the victims and heroes of the September 11, 2001, tragedy and memorialize it with a plaque. CONSENSUS: By consensus, the Council determined to consider on the City Council agenda of December 19, 2001, the dedication of the art located at the Von's Center to the victims and heroes of the September 11 tragedy. Mayor Hunter announced upcoming teen and community holiday events. 9. PUBLIC HEARINGS: E. Consider Draft Ordinance Regulating Wireless Communications Facilities within the City of Moorpark by Adding Chapter 17.42 and Amending Chapters 17.08 and 17.20 of Title 17, Zoning, of the Moorpark Municipal Code (Zoning Ordinance Amendment No. 2001- 03). Staff Recommendation: 1) Open the public hearing, take public testimony, and close the public hearing; 2) Waive full reading and introduce Ordinance No. for first reading; and 3) Direct staff to schedule extension of the moratorium ordinance for the December 19, 2001 regular meeting. Ms. Traffenstedt gave the staff report. She requested that Assistant City Attorney, Mr. Wohlenberg, be allowed to provide additional information to the Council relative to the legal review of the draft ordinance and communications that have been received by the City from the legal counsel for AT &T and Sprint. Mr. Wohlenberg stated that one issue relative to the comments received from the carriers is that the communications were received this week and there is a need for additional time to address those communications. He stated that they have conferred with some of the members of the industry who are 00-0093 Minutes of the City Council Moorpark, California Paue 4 December 5, 2001 present relative to requesting an extension of the moratorium from the Council. He stated that the moratorium that is in place is set to expire in early January and he is requesting the consideration of an extension of the moratorium for 30 - 60 days to address the ordinance changes suggested by the industry representatives. In response to Mayor Hunter, Mr. Wohlenberg stated that an extension of the moratorium would be of benefit to the City of Moorpark. He stated that the City wants to craft an ordinance that will meet the aesthetic requirements of the City, and one that does not pose an overly onerous process on the carriers, because there is a demand for these services. He stated that it is of concern that Federal law is not violated by preventing the provision of these services, but that the interests of the community are addressed as well. Councilmember Mikos asked how many of the carriers have agreed to the extension of the moratorium. Mr. Wohlenberg stated that there are five major wireless carriers and that at least three of them, AT &T, Sprint, and Verizon, have concurred with the extension. Mayor Hunter asked Mr. Wohlenberg to summarize the anticipated changes to the proposed ordinance that will result from the discussions with the carriers if the moratorium is extended. Mr. Wohlenberg stated that in most cases the changes to the ordinance would be relatively minor. He stated that staff wants to be certain that the ordinance will withstand legal challenge and the test of time. He also stated that they might bring back for Council consideration a process to encourage smaller antennas or smaller installations as opposed to larger installations. He stated that having time to create alternatives for the Council's consideration is in the best interest of the City. In response to Mayor Hunter, Mr. Wohlenberg stated that the City of Alhambra ordinance, after which this 000094 Minutes of the City Council Moorpark, California Paae 5 December 5, 2001 proposed ordinance is modeled, has not been legally challenged. Mayor Hunter opened the public hearing. Guy Gullo, a Moorpark resident, addressed the Council and expressed support of the proposed ordinance. Hugh Finlay, a Moorpark resident, spoke in support of the proposed ordinance. He suggested the following items be included in the ordinance: 1) that the antennas should be located in an area where a buffer zone of at least 200 feet from a residential use be strictly enforced; 2) public access to the records for both calculated and measured radiation data for each system be available and that it be verified by an independent, wireless professional and data should be generated for a worst -case scenario with maximum loading on all channels; and 3) the establishment of sites should be located where they do not impact homeowners and /or property values. Tony Banducci, a Moorpark resident, stated he was representing 60 residents who were in support of the proposed ordinance. Edward Geivet, a Moorpark resident, spoke in support of the proposed ordinance. Ms. Traffenstedt reported that six written statement cards in support of the proposed ordinance were received from the following Moorpark residents: Bob Demyan, Palma Friery, Tony Geivet, Jeannie Gullo, Lisa Hardy, and Tom Hardy. Councilmember Harper stated that the yearly field survey is a requirement of the FCC. He asked how this requirement would be incorporated into the proposed ordinance. Mr. Wohlenberg stated that this requirement could be included in the ordinance as a Conditional Use Permit condition. Councilmember Harper commented that on page 3 of the staff report dated November 29, 2001, it is stated that Sprint requests an exemption for Microcell 00 ()®95 Minutes of the City Council Moorpark, California Paae 6 December 5, 2001 technology under specified conditions. He stated that he opposes that exemption. Mr. Wohlenberg stated that Councilmember Harper's concern could be addressed in the proposed ordinance. Councilmember Harper stated his concerns if a carrier objects to removing /relocating equipment and delays a City project as a result of the nonremoval /delayed relocation of the equipment. He suggested that language be included in the ordinance to control and regulate the relocation /removal of carrier equipment. Mr. Wohlenberg stated that this item can be addressed in the proposed ordinance. Councilmember Harper stated that on stamped page 84 of the proposed ordinance in the staff report dated November 29, 2001, subsection c. is a concern for him regarding who makes the decision on the length of the horizontal extension for a utility mounted facility. He requested clarifying language. Councilmember Harper stated that the use of the word, "should" versus "shall" on stamped page 87, subsections 4 and 5, weakens the ordinance. Mr. Wohlenberg explained that the difference in language was that this was a guidelines section. Councilmember Harper requested that staff respond to Mr. Findlay's comments. Mayor Hunter discussed colocation, a change to the wireless communications facility definition, and the need for Section 17.42.080.D to have requirement language. Councilmember Mikos questioned whether there was a way to state that the guidelines are required to be considered and apply the ones that are appropriate. Mr. Montes stated that staff would look at the draft ordinance to determine changes to the guidelines section. OOT09G Minutes of the City Council Moorpark, California Paae 7 December 5, 2001 Councilmember Millhouse stated his support to make the carrier comments available to the public. Mr. Kueny stated that the formal comments from the wireless communication carriers are available by contacting the City Clerk's Department. Councilmember Wozniak spoke in support of the draft ordinance. He stated it would be helpful to let residents know where sites are located and will be located. In response to Mayor Hunter, Mr. Montes suggested that the December 19 meeting the Council could extend the moratorium by 60 days. Mr. Kueny recommended a 90 -day extension of the moratorium due to the City Council's holiday meeting schedule and resulting cancellation of the January 2, 2002 meeting. He suggested continuing the public hearing open to January 16, 2002. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to continue the public hearing open to the regular City Council meeting of January 16, 2002; and directed staff to schedule consideration of the extension of the moratorium ordinance for the regular City Council meeting of December 19, 2001. The motion carried by unanimous voice vote. A. Consideration of Certification of Final Environmental Impact Report (SCH- 1994081075), General Plan Amendment No. 99 -01, Zone Change No. 99 -01, Residential Planned Development No. 99 -02 and Vesting Tentative Tract Map No. 5187, to Develop 250 Single- family Homes on a Portion of a 350 -acre Site, Located on the West Side of Walnut Canyon Road, Approximately 3,500 Feet North of Casey Road. Applicant: West Pointe Homes. (Continued Open Public Hearing from City Council Meeting of November 7, 2001.) Staff Recommendation: Continue to accept public testimony and continue the public hearing to December 19, 2001. Mr. Libiez gave the staff report. Mayor Hunter stated that the public hearing remains open. 000,057 Minutes of the City Council Moorpark, California Paae 8 December 5, 2001 Vince Daly, 31304 Via Colinas #103, Westlake Village, addressed the Council as a representative of West Pointe Homes. Mr. Daly provided a brief history of the project and a summary of discussions conducted at prior City meetings. He also explained circulation issues within the project including the width of "A" Street. Mayor Hunter asked what the Class 1 impacts would be. Josh Janowicz, representing The Planning Corporation as the City's consultant, explained the order of Class 1, 2, and 3 impacts in the Environmental Impact Report (EIR) summary table. In response to Mayor Hunter, Mr. Janowicz stated that all Class 1 impacts can be mitigated to less than significant. Mr. Janowicz also stated that during review of the project, there were noted General Plan inconsistencies; however, the revised project is considered consistent with General Plan policies. Mayor Hunter asked if this proposed project is in compliance with the City's Hillside Ordinance. Mr. Libiez stated that it is in compliance with the Hillside Ordinance and he discussed the contour grading that has been proposed for the site development. Councilmember Mikos discussed her meeting with the applicant relative to the Mitigation Monitoring Plan. She stated that the monitoring language needs to be strengthened. Councilmember Mikos also discussed the prohibited plant list and made recommendations for including colorful native plants into the acceptable plants for the proposed project. Councilmember Harper asked about the homeowner disclosure requirement for the existing earthquake fault. Mr. Daly responded that West Pointe Homes would comply with that requirement. 000098 Minutes of the City Council Moorpark, California Paae 9 December 5, 2001 In response to Councilmember Harper, Richard Pool, the applicant's traffic engineer, discussed the traffic model data. He stated that the collector street shown as "A" Street, could accommodate 10,000 more or less average daily traffic trips. Mr. Pool suggested the City Attorney provide an explanation relative to the court decision about prohibiting cities from limiting truck routes. Mr. Montes summarized the case, and stated that his opinion was the City could still regulate truck routes at this time. Mr. Pool stated that "A" Street would not be a desirable route for trucks. Councilmember Wozniak requested an update on the affordable housing portion of the proposed project. Mr. Daly referenced that the Development Agreement specifies that ten very low income units and fifteen low income units be provided. Councilmember Millhouse spoke relative to the "A" Street placement and configuration. He expressed a need for traffic calming in this area and a concern that if "A" Street is wider than four lanes, it may attract more vehicular trips. Mr. Pool stated that the amount of future traffic in this area may not be much higher than at the present. He stated that the circulation could consider use of a roundabout approach, but that requires a wide width and would necessitate a lot of grading. He continued by stating that he does not believe the projected traffic requires four lanes for "A" Street. Mr. Kueny discussed the issue of what the constraints to future widening would be if inadequate right of way width is reserved for "A" Street. He suggested that the Council can direct staff to do a more extensive study or plan for a wider right -of -way and then make a decision prior to the first final tract map approval. Councilmember Harper concurred with requiring dedication of the four -lane width right -of -way and then construct two lanes and landscape the remainder. Minutes of the City Council Moorpark, California Paqe 10 December 5, 2001 Mr. Kueny suggested that the Council defer a decision prior to first final map. He stated that once built, it is unlikely for a rebuild consideration unless there is a decision to locate walls at the ultimate roadway width. James Hartley, a Moorpark resident, expressed his support of the proposed project. He stated that traffic may divert to Grimes Canyon Road or to Spring Road in the future. Mr. Kueny stated that trucks were not proposed to be diverted onto Spring Road. He continued by stating that Ventura County is attempting to require mining truck trips to remain on Walnut Canyon Road. There being no further Council discussion, the following motion was heard. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to continue the public hearing open to the regular City Council meeting of December 19, 2001. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the City Council took a recess. The time was 8:40 p.m. The City Council meeting reconvened at 9:00 p.m. B. Consider Zoning Ordinance Amendment (ZOA) No. 2001 -01 Amending Chapters 17.08, 17.20, 17.24, and 17.28 of the Municipal Code Related to Recreational Vehicle Storage and Parking. (Continued Open Public Hearing from City Council meeting of November 7, 2001.) Staff Recommendation: 1) Accept testimony; and 2) Continue public hearing to January 16, 2002. Mr. Libiez gave the staff report. Mayor Hunter stated that this is a continued open public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated that there are no public speakers for this item. 0001-00 Minutes of the City Council Moorpark, California Paae 11 December 5, 2001 MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to continue the public hearing open to the regular City Council meeting of January 16, 2002. The motion carried by unanimous voice vote. C. Consider Resolution Approving the Mitigated Negative Declaration /Environmental Assessment for the Los Angeles Avenue Widening Project: Spring Road to Moorpark Avenue (Project 8013). Staff Recommendation: Adopt Resolution No. 2001 -1916 approving the Mitigated Negative Declaration and Expanded Initial Study /Environmental Assessment, finding that the document is an accurate and complete representation of the environmental effects of the project. Mr. Gilbert gave the staff report. Mayor Hunter noted that this continued public hearing remained open, and there being no public speakers for this item, closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2001 -1916 approving the Mitigated Negative Declaration and Expanded Initial Study /Environmental Assessment, finding that the document is an accurate and complete representation of the environmental effects of the project. The motion carried by unanimous voice vote. D. Consider Development Agreement No. 2001 -01 for West Pointe at North Ranch (General Plan Amendment 99 -01, Zone Change 99 -01, Residential Planned Development 99- 02 and Vesting Tentative Tract Map 5187) on the Application of West Pointe Homes, Inc. Staff Recommendation: 1) Open the public hearing, take public testimony and continue the public hearing; and 2) Introduce Ordinance No. , for first reading at same time as Zoning Ordinance for Zone Change 99 -01. Mr. Kueny gave the staff report. He stated that there are two outstanding issues relative to this project: 1) The affordable housing component; and 2) the width of "A" Street and the right of way required within the project. 00C. ®i Minutes of the City Council Moorpark, California Paqe 12 December 5, 2001 Councilmember Harper asked for language that obligates West Pointe Homes to incorporate photovoltaic devices in their construction of the homes. In response to Councilmember Harper, Mr. Kueny agreed that the suggested photovoltaic language can be included in the Development Agreement. Councilmember Mikos asked if there is sufficient right -of -way to make "A" Street a four -lane roadway. Mr. Kueny stated that this is one of the issues the committee will review and come back with an answer to that question in the proposed final draft of the Development Agreement. Mayor Hunter opened the public hearing. Vince Daly, 31304 Via Colinas, #103, Westlake Village, stated he was present as a representative of West Pointe Homes and was available to answer questions only. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to continue the public hearing open to December 19, 2001. The motion carried by unanimous voice vote. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Memorandum of Understanding (MOU) with North Park Village LP for Processing of Environmental Document, General Plan Amendment, Specific Plan and Related Entitlements (portion of former Specific Plan No. 8 Hidden Creek Ranch). Staff Recommendation: Approve Memorandum of Understanding and authorize the Mayor to sign it. Mr. Kueny gave the staff report. Mr. Kueny stated the following proposed changes to the Memorandum of Understanding. He stated that Section 1.1, second line, the words "the Property" in parentheses would be stricken and the sentence would end after MOU. In the third line of that paragraph, Mr. Kueny stated a proposed change that eliminates the words "the Property" would be modified to read "for 060 -.012 Minutes of the City Council Moorpark, California Paqe 13 December 5, 2001 said real property "; and the period would be deleted and the next two words "the property" would be stricken and the word "which" would be inserted and the next to last line of this recital the words "the property" would be replaced with the words `this property "(lower case to the word property). Also, Mr. Kueny referenced the third line of recital of 3.1, to be amended to add an additional "C" into the acronym of the Community College District; and also on the fourth line of this recital add after the word "acres" add (the Property) in quotes to emphasize all three ownerships of the properties as described. Mr. Kueny also added that in Section 2.1 on the next to last line between the words "City's" and "Sphere ", add the word "existing." He also added that in Section 4.1, sixth line between the words "Hidden" and "Ranch ", add the word "Creek." Mr. Kueny continued by stating that another amendment is that Section 5.1 at the very beginning after the heading "entitlements" after the word "the" add the words "applications for." He also added that on stamped page 195 of the staff report, delete the words "SPA Plan satisfies" from the outline so it is revised to read: "7.12 Hillside Management Ordinance 7.13 Tree Ordinance" Mayor Hunter asked that a definition be given as to when a developer shall pay relative to the Initial Payment Obligation as outlined in Section 4.1 of the Agreement. In response to Mayor Hunter's suggestion, Mr. Kueny stated that the Council may want to consider including in the Agreement a number of business /calendar days as the guideline as to the Initial Payment Obligation. In response to Mayor Hunter relative to the project schedules, Mr. Kueny responded that the intent of the last paragraph of 4.7 allows without penalty for in essence Schedule B to become operative if Schedule A is not met, so the understanding is if you do not meet Schedule A, then Schedule B applies. Mr. Montes agreed with Mr. Kueny's interpretation based upon the language of paragraph 4.7. 0 GG 03 Minutes of the City Council Moorpark, California Paae 14 December 5. 2001 Mayor Hunter asked if the document will ultimately be recorded with the County Recorder's office. Mr. Montes stated that the document can be recorded and the results of recordation are that it gives notice to anyone who may be a lien holder or purchaser of the property that the agreement is in force. Mayor Hunter requested that the City Council ultimately consider that this document become an officially Recorded Document. Kim Kilkenny, 350 West Ash Street, San Diego, addressed the Council as a representative of North Park Village, LP, in support of the MOU Agreement. Mr. Kilkenny addressed the issue of the authority of North Park Village LP to sign the MOU and the authority of North Park Village LP to dismiss the existing litigation resolving outstanding financial issues with Hidden Creek Ranch. He stated that he has provided a copy of the certificate filed with the Secretary of State changing the name from prior Hidden Creek Ranch, LP, to North Park Village, LP. He stated that the question has also been raised relative to his personal authority to sign the MOU. He stated that he has that authority. Mr. Kilkenny stated that relative to the performance of the payment of the $150,000, that their firm will make payment at the first of next week if the City Council acts this evening on the project. In response to Mayor Hunter, Mr. Montes discussed the partnership name and the change of name that was rejected by the Secretary of State. Mr. Montes stated that this afternoon he was provided with a copy of a document for the amendment to the Partnership of Hidden Creek Ranch, LP, amending the name to North Park Village, LP. Mr. Montes stated that the document that they received did not have a filing stamp on it, so his office contacted the Secretary of State's Office to gain that number. Mr. Montes stated that the result is that the discussed partnership /name change has been rejected by 0001014 Minutes of the City Council Moorpark, California Page 15 December 5, 2001 the Secretary of State because the form was not completed correctly. Mr. Kilkenny stated that this was not his understanding and he believed that the name change had officially been recorded. Councilmember Harper asked the City Attorney if given the confusion over the current item, can the directed action still proceed? Mr. Montes stated that he would verify carefully the authority of Mr. Kilkenny to sign on the behalf of Hidden Creek Ranch, LP. Councilmember Mikos stated that the document should include all of the names of Hidden Creek Ranch Partners and that Mr. Messenger should sign the MOU. In response to Mayor Hunter, Mr. Montes stated that both Mr. Kilkenny and Mr. Messenger could sign the MOU. Mr. Kueny asked that the applicant also provide evidence they have authority to submit an application for the Ventura County Community College District and Unocal properties. In response to Councilmember Mikos, Mr. Montes stated that typically the owner of the property is required to sign the application or provide a letter of authority. Richard Francis, 711 South "A" Street, Oxnard, CA, spoke in support of the MOU. He stated that he endorses the process and the intent of SOAR. He stated that he believes that is extremely important to let the City Council decide what goes on the ballot. Councilmember Mikos stated that a vote on the MOU is not necessarily a vote in support of the project. In response to Mayor Hunter, Mr. Montes suggested execution by December 10 and one business day performance. () 001 1 () 5 Minutes of the City Council Moorpark, California Paae 16 December 5, 2001 MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to: 1) direct the City Attorney to redraft the Memorandum of Understanding in a recordable format; 2) to include provisions for specific performance in execution of documents and date of payment and dismissal of litigation, 3) to require additional signatures for Hidden Creek Ranch Limited Partners; and 4) authorize the Mayor to sign the Memorandum of Understanding following City Manager and City Attorney review. The motion carried by unanimous voice vote. B. Consider Closing City Hall on December 31, 2001. Staff Recommendation: Authorize the closing of City Hall on December 31, 2001, with the requirement that employees take leave time as specified in the agenda report. Ms. Traffenstedt gave the staff report. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to authorize the closing of City Hall on December 31, 2001, and not require staff to use leave time, and to authorize the City Manager to amend the necessary documents to permit December 31 to be designated as a City holiday when it falls on a Monday. The motion passed by unanimous voice vote. C. Consider Pre - Qualification of Bidders for Major Construction Projects. Staff Recommendation: Review the proposed draft program and, if the City Council wishes to implement the program, direct staff to present a Resolution to the City Council amending the City Council Policies to formally establish the program. Ken Gilbert gave the staff report. Councilmember Millhouse asked if this would slow down community pool construction. Mr. Kueny stated that the pool project could be exempted. In response to Mayor Hunter, Mr. Gilbert recommended a minor language change. 000 1 0G Minutes of the City Council Moorpark, California Page 17 December 5, 2001 MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to direct staff to bring back this item with supporting documents and requested modifications. The motion carried by unanimous voice vote. 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to approve the Consent Calendar in its entirety. The motion carried by unanimous roll call vote. A. Consider Approval of Warrant Register for Fiscal Year 2001 -2002 - November 21, 2001. Manual Warrants Voided Warrants Payroll Liability Warrants Regular Warrants None None 10756 - 107595 107598 - 107715 & 107716 - 107745 $ 17,624.43 $ 26,767.56 $723,901.24 Staff Recommendation: Approve the warrant register. B. Consider Approval of Warrant Register for Fiscal Year 2001 -2002- December 5, 2001. Manual Warrants 107584 - 107585 & $ 87,828.94 107596 - 107597 & 107746 - 107748 Voided Warrant 107541 $ (304.00) Payroll Liability 107749 - 107757 $ 10,947.14 Warrants Regular Warrants 107758 - 107844 $ 19,862.31 107845 - 107869 $219,139.94 Staff Recommendation: Approve the Warrant Register 000,107 Minutes of the City Council Moorpark, California Page 18 December 5, 2001 C. Consider Repayment of General Fund and Inter Fund Park Improvement Loans. Staff Recommendation: Approve the repayment of all outstanding loans ($486,000) in the Park Improvement Fund as follows: 1) Initiate the immediate repayment of the $176,000 loan from the Community Zone to the General Fund; 2) Upon receipt of $85,000 in Community Zone fees, initiate the repayment of $85,000 from the Community Zone to Zone 2; 3) Upon receipt of an additional $225,000 in Community Zone fees, initiate the repayment of $225,000 from the Community Zone to Zone 1; and 4) Upon receipt of $40,000 in Zone 3 fees, initiate the repayment of $30,423 to the community Zone and $3,947 to Zone 2. D. Consider Moorpark Library Expenditures and the Adoption of a Resolution Amending the FY 2001/2002 Budget for Certain Library Expenditures. Staff Recommendation: Approve the proposed two -year library expenditures, as outlined in the agenda report, and adopt Resolution No. 2001 -1917, appropriating $49,300 from the City's Library Facility Fee for FY 2001/2002. E. Consider Ventura Council of Governments (VCOG) Reorganization. Staff Recommendation: Support Model "A". F. Consider Request for Use of the City's Social Services Account. Staff Recommendation: Approve payment request for $200 from the City's Social Services Account. G. Consider Quarterly Treasurer's Report. Staff Recommendation: Receive and file Quarterly Treasurer's Report. H. Consider Conveying Fee Title to 500 Spring Road to the Moorpark Redevelopment Agency. Staff Recommendation: Authorize the conveyance of fee simple title for the property at 500 Spring Road to the Moorpark Redevelopment Agency. I. Consider Resolution to Rescind Resolution No. 2000- 1784 and Adopting New and /or Revised Engineering Policies and Standards. Staff Recommendation: Adoption Resolution No. 2001 -1918. 00012 08 Minutes of the City Council Moorpark, California Paae 19 December 5, 2001 J. Consider Resolution to Revise the Amount of the Appropriation and Budget for Traffic Signs (Gas Tax Fund 2605, Division 7310, Object 8310, Object 9303) to Acquire Fluorescent Yellow -Green School Area Traffic Signs. Staff Recommendation: Adopt Resolution No. 2001 -1919 revising the amount of the appropriations and budget for the Sign Maintenance account. K. Consider Resolution Establishing a "Parking in Excess of One -Hour by Permit Only" Zone on Summerglen Court. Staff Recommendation: Adopt Resolution No. 2001 -1920 establishing a "One -Hour Parking - Permits Exempt" zone on Summerglen Court. L. Consider Reduction of Improvement Bonds for Subdivision Improvement and Grading of Carlsberg Tract Map 4973. Staff Recommendation: Authorize the City Clerk to reduce the grading, landscape, storm drain and street improvement bonds for Tract 4973 to 500 of their original amount. M. Consider Reduction of Improvement Bonds for Subdivision Improvement and Grading of Carlsberg Tract Map 4974. Staff Recommendation: 1) Accept the park improvements as complete; and 2) Authorize the City Clerk to reduce the bond for park improvements to the amounts shown in the agenda report and said bond shall remain in effect for a one -year maintenance period. Authorize the City Engineer to accept the replacement surety for damaged sidewalks in the amount of $50,160.00, adjusted by the Engineering News- Record Construction Cost Index. N. Consider the Conceptual Plan for the Realignment of Flinn Avenue (Project No. 8037). Staff Recommendation: Approve the conceptual design for the realignment of Flinn Avenue. 12. ORDINANCES: None. 00clog Minutes of the City Council Moorpark, California Paae 20 December 5, 2001 13. CLOSED SESSION: Mr. Kueny announced that the City Council would be going into Closed Session for discussion of one case under Item 13.B., and Items 13.G. and 13.H. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adjourn to closed session for a discussion of one case under Item 13.B., and Items 13.G. and 13.H. The motion carried by unanimous voice vote. The time was 10:08 p.m. 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 - 1) G. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: Portion of Arroyo Vista Community Park Address: 4550 Tierra Rejada Road City Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Moorpark Unified School District Under Negotiations: Price and terms of lease Property: 203 E. Los Angeles Ave., Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Wayne Colmer Under Negotiation: Price and terms of payment H. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, Assistant to City Manager /City Clerk, City Manager, City Attorney, City Engineer, Chief of Police, Director of Administrative Services, Director of Community Development, Director of Community Services, and Director of Public Works. Present in closed session were all Councilmembers; Steven Kueny, City Manager; Joseph Montes, City Attorney; 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 10:30 p.m. 0001:10 Minutes of the City Council Moorpark, California Paqe 21 December 5, 2001 The Council reconvened into open session at 11:05 p.m. Mr. Kueny stated that one case under Item 13.B., and Items 13.G. and 13.H. were discussed and that there was no action to report. 14. ADJOURNMENT: Mayor Hunter adjourned the meeting at 11:05 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 00CI -1:1 MINUTES OF THE CITY COUNCIL Moorpark, California January 8, 2003 A Special Meeting of the City Council of the City of Moorpark was held on January 8, 2003, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 5:15 p.m. 2. 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; Barry Hogan, Community Development Director; Walter Brown, City Engineer; Captain Richard Diaz, Sheriff's Department; Dave Bobardt, Planning Manager; Deborah Traffenstedt, Assistant to City Manager /City Clerk, and Maureen Benson, Deputy City Clerk. 3. PUBLIC COMMENT: A. Gerald Goldstein, a Moorpark resident, spoke about the recent fires threatening homes in Malibu and the importance of requiring tile roofing material for new homes in the City Moorpark. 4. PRESENTATION /ACTION /DISCUSSION: A. Consider Potential Intersection Modifications at Moorpark Road and Tierra Rejada Road. Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny gave a verbal report on the history of the intersection at Moorpark and Tierra Rejada Roads, dating back to 1996, when the County of Ventura and the City of Moorpark installed a temporary signal pending a decision on the Moorpark Road Realignment Project. He stated that a review of the Environmental 0001-:12 Minutes of the City Council Moorpark, California Page 2 January 8, 2003 Impact Report and the Traffic Study for this intersection indicates that it was determined that traffic in and out of this intersection would be insignificant if one of the other alternative routes was selected. Mr. Kueny stated that after researching this issue further, staff has provided four options for the intersection: 1) move forward with the current Agreement with the County to close the median and remove the traffic signal; 2) leave the intersection signalized as it is and modify the Agreement; 3) leave the intersection as is with left turns for both current directions, but without a traffic signal; or 4) a compromise to allow left turns west to south bound only with no traffic signal. Mr. Kueny stated that in discussions with County staff and contingent upon the County's concurrence, the traffic signal can remain as it is, granted that the modification to the agreement would come at no additional cost to the City and the County continues to pay the one -third cost of the signal maintenance. He stated that the city's current obligation is to pay two- thirds of the cost of the signal maintenance, which he estimated to be $5,000- $10,000 per year, while the cost of new signal is approximately $150,000. Mr. Kueny stated that the recommendation is to leave the signal as is. Jarrod DeGonia, representing Supervisor Judy Mikels, read a statement from the Supervisor in support of maintaining the intersection in its current condition to prevent the erosion of the customer base for the businesses located along Moorpark Road and to avoid increasing the volume of traffic using Miller Parkway. Rick Brecunier, spoke on behalf of the business owners and residents along Moorpark Road and thanked the Council for holding the special meeting to allow discussion on this issue. He stated that his objections to the proposal remain unchanged since the last meeting; the residents and businesses have had little time to organize opposition to the proposal due to lack of notice to the community regarding the change in the intersection; to further add to their discomfort they have been notified that there will be 00011:143 Minutes of the City Council Moorpark, California Pacfe 3 January 8, 2003 a change in their street name, creating the extra cost of changing the address on all business forms; the greenbelt was imposed on the property owners by the County and the passage of S.O.A.R. with little regard to the cost to the landowners; and ultimately he would like to have the intersection left in its current condition and observe the results over a one -year period of time. James Brown, a Moorpark resident, concurred with Mr. Brecunier's remarks and reminded the Council of the tragic accidents, which occurred at this intersection when there was no left turn signal. Jonathan Friedman, landowner of Cornell Ranch, which is comprised of a new home area along Read Road at the 23 freeway, stated that without the left turn capability at Moorpark Road, an additional 100 left turns per day would be taken at the Miller Parkway intersection by new homeowners trying to reach his development. He concurred with the Mr. Brecunier and Mr. Brown's comments to keep the intersection as is. Dave Lorenzen, a Moorpark resident, stated that he opposes the removal of the signal light and described a serious accident he was involved in prior to the light's installation. He stated that he concurs with staff's recommendation to leave the intersection in its current configuration, and that the need to maintain access to the farms will preserve one of Moorpark's biggest attractions. James Barker, a partner in Tierra Rejada Family Farms, concurred with the previous comments in regard to leaving the intersection signalized. In response to Councilmember Mikos, Mr. Kueny stated that the County does not need any of the signal parts from the existing signal light for the current project; the City of Moorpark will not owe a signal to the County in the future; the County will be saving the construction costs of reconfiguring the median at Moorpark Road; the City and County will continue to share the maintenance costs; and the time required to gain the concurrence of the Board of Supervisors, which is needed to change the requirements of the Agreement, should not impact the project. 0 0 G ±1 4 Minutes of the City Council Moorpark. California Paae 4 January 8, 2003 Butch Britt, from the County of Ventura, concurred with Mr. Kueny's remarks and assured the Council that the City of Moorpark will not owe the County a traffic signal. He also stated that Supervisor Mikels has already indicated her support to modify the Agreement in order to maintain the intersection. In response to Councilmember Harper, Mr. Kueny stated that staff reviewed the County's EIR and Traffic Study and staff is projecting that the four -way intersection at Moorpark Road and the current intersection will operate at service level C or better. In response to Councilmember Harper, Mr. Gilbert stated that the timing for the signals is already programmed `ion- demand "; further analysis will need to be done to determine a new program based on the revised traffic volumes; and re- timing of the signals should allow operation at level C or better. Mayor Hunter stated that it is reasonable to conclude that the traffic signal will operate like other traffic signals in the City. Mr. Gilbert stated that the signal can be programmed to conform in any way necessary. Councilmember Millhouse stated that he wants to remind the public that once Miller Parkway opens, traffic will be restricted to turning only left or right since the residents on Miller Parkway did not want traffic cutting through their neighborhood. Councilmember Mikos commented that it is unfortunate that the County did not just reconstruct existing Moorpark Road, so that cars would go past all the existing businesses, which is what the city of Moorpark argued for and lost. She stated she is glad that there do not seem to be any impediments to retaining the traffic signal and the intersection in their current condition. 00C12.5 Minutes of the City Council Moorpark, California Paqe 5 January 8, 2003 Councilmember Parvin stated it should not be necessary to revisit this intersection in a year, as suggested by Mr. Brecunier, unless other issues become apparent. MOTION: Mayor Hunter moved and Councilmember Millhouse seconded a motion to direct staff to work with the County of Ventura to amend the existing Agreement to leave the intersection at Moorpark Road and Tierra Rejada Road unchanged so that it will continue to be signalized and have left turn capability. The motion passed by unanimous voice vote. 5. CLOSED SESSION: Mr. Kueny announced that the City Council would be going into closed session for discussion of Item S.C. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to adjourn to closed session for a discussion of Item 5.C. The motion carried by unanimous voice vote. The time was 5:45 p.m. C. 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 Councilmembers Harper, Mikos, Millhouse, Parvin, 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 5:58 p.m. Mr. Kueny stated that Item S.C. was discussed and that there was no action to report. CIO C.1-:1 G Minutes of the City Council Moorpark, California Page 6 January 8, 2003 6. ADJOURNMENT: Mayor Hunter adjourned the meeting at 5:58 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk ®0017 MINUTES OF THE CITY COUNCIL Moorpark, California January 15, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on January 15, 2003, 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 7:00 p.m. 2. PLEDGE OF ALLEGIANCE: Mayor Hunter introduced Steven Donlon, Matthew Eifert, Gabriel Garcia, Brendan Hickey, Colin Lane, Steven Lipson, Alec Louck, Dylan Malloy, and Ben Modarres from Boy Scout Troop 3601. Boy Scout Troop 3601 led the Pledge of Allegiance. 3. ROLL CALL Present: Councilmembers Harper, Mikos, Millhouse, Parvin, 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; Captain Richard Diaz, Sheriff's Department; Nancy Burns, 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. Recognition of Local Ministers for giving the Invocation at City Council meetings. Mayor Hunter read Certificates of Recognition honoring local ministers for delivering the Invocation at the beginning of City Council meetings. 0G I9.8 Minutes of the City Council Moorpark, California Paqe 2 January 15, 2003 Pastor Tony Amatangelo, Life Spring Community Church; Pastor Paul Hatfield, Cornerstone Community Church; Pastor Eric Sweitz, Sonrise Pacific Church; and Pastor Dave Willkinson, Moorpark Presbyterian Church were present to receive certificates. Mayor Hunter stated that other ministers, unable to attend, would be recognized at a subsequent meeting. Pastor Amatangelo thanked the Council on behalf of all the ministers for past opportunities to come and pray with the City Council and city staff for the city of Moorpark and stated that even though "by law" they are no longer allowed to pray before the meetings, they do continue to offer up prayers for the decisions made for the city. B. Introduction of Captain Richard Diaz from the Moorpark Police Department. Mayor Hunter provided a summary of Captain Diaz' 34 years of experience in law enforcement and welcomed him to the city of Moorpark. C. Introduction of new City Employee, Cynthia Borchard, Administrative Services Director. Mayor Hunter provided a summary of Ms. Borchard's background in Finance and welcomed her to the city of Moorpark. Ms. Borchard thanked the Mayor and stated that she is looking forward to working for the city and becoming involved in the community. D. City Manager's Monthly Report. Mr. Kueny introduced Deborah Traffenstedt, Assistant to City Manager /City Clerk, who gave a report on the City Clerk's Department, including the responsibilities for the preparation of the agenda packets and the minutes of the City Council; records management for all of the city; and coordination of the municipal election process. She stated that in addition, the City Clerk's Department contains the Human Resources /Risk Management Division whose responsibilities include recruitment, hiring, employee benefits, safety programs, and insurance /claims 000: 1q Minutes of the City Council Moorpark, California Paqe 3 January 15, 2003 related functions for 54 full -time and 44 part -time employees. Ms. Traffenstedt cited recent accomplishments including updating the Personnel Rules and Classifications Plan, updating the Salary Plan, and Employee Recognition events. She went on to describe the additions made to the city's homepage including posting of the full City Council agenda packet and video recordings of the meetings; employment opportunities along with applications; the Salary Plan; and the Classification Plan. 5. PUBLIC COMMENT: Ralph Mauriello, a Moorpark resident, addressed the Council to ask if they would be interested in a proposal for concerts in the park coupled with family picnics. Mr. Mauriello stated that local entertainment would be included and he is prepared, as a former musical producer, to put together a report showing the proposed locations, potential performing groups, and budget needed. Mayor Hunter stated that the city of Moorpark has had such events in the past, which have been discontinued. He went on to state that the Council would be willing to look at his proposal and directed Mr. Mauriello to contact Mary Lindley, Community Services Director for assistance. Dorothy Ventimiglia, a Moorpark resident, complained about overflow parking from Moorpark College students on Imbach Place and Borges Drive and the impacts on her neighborhood. She presented the City Clerk with a "Petition Requesting the Establishment of Permit Only Parking" signed by numerous residents in the affected area. She also provided photographs. Councilmember Mikos stated that she had spoken with Ms. Ventimiglia and had referred her to Ken Gilbert, Public Works Director to obtain the proper forms for filing the petition. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:20 p.m. The City Council meeting reconvened at 7:28 p.m. 000:120 Minutes of the City Council Moorpark, California Page 4 January 15, 2003 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Hunter requested that Item 10.C. be pulled from the Consent Calendar for individual consideration. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos requested a future agenda item for the February 5, 2003, City Council meeting to discuss Unmet Transit Needs in the city. She stated this would allow for public comments, which could be forwarded on to the Ventura County Transportation Commission in time to meet their deadline for the public comments period, ending February 14, 2003. Councilmember Mikos applauded the Somis residents who won a lawsuit against Caltrans, resulting in a requirement that an Environmental Impact Report must be prepared for the intersection of State Routes 118 and 34 in Somis. Councilmember Millhouse announced that he had participated in reviewing speeches from the very talented Moorpark Academic Decathlon Team, which is preparing for the state decathlon. He stated that anyone interested in contributing to the team's travel expenses may contact Moorpark High School. Councilmember Millhouse announced that the city of Moorpark has retained its position on the Ventura Country Transportation Commission. He announced that he will be the Chair of the Commission starting in February and is looking forward to addressing transit issues in and around Moorpark. Councilmember Harper requested a monthly report to provide a brief update on the effects of the state budget crisis on the city of Moorpark including law enforcement and the Redevelopment Agency. Mayor Hunter recognized Nancy Burns, Senior Management Analyst for working through an illness and Deborah Traffenstedt, Assistant To City Manager /City Clerk for coming in to work on her vacation to make sure documents were properly prepared and acknowledged to ensure that several first time homebuyers in the Mountain View Project could move into their new homes before the Christmas and 01 o00J 21 Minutes of the City Council Moorpark, California Page 5 January 15, 2003 New Year holidays. Mayor Hunter recognized Ken Gilbert, Public Works Director, for coming in during his vacation to help the City Council address the Moorpark Road and Tierra Rejada Road intersection issue. 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 December 18, 2002, with public hearing open) Staff Recommendation: Continue the public hearing open, to February 19, 2003. Mr. Hogan stated that the applicant has informed staff that due to personal reasons, the negotiation of the Development Agreement will not be completed in time for this meeting, therefore it is recommended to be continued to February 19, 2003. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to continue the public hearing open to February 19, 2003. The motion carried by unanimous voice vote. B. Consider Conditional Use Permit No. 2002 -06, a Request to Allow a Factory Authorized Harley Davidson Motorcycle Dealership with Service, Storage and Retail Areas Located at 6190 Condor Drive, on the Application of Tom Elsaesser. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2003 -2046 approving Conditional Use Permit 2002 -06 subject to Conditions of Approval. Mr. Hogan gave the staff report. He stated that Condition No. 15 dealing with compliance by the development with the requirements of the Ventura County National Pollution Discharge Elimination System 300 i 22 Minutes of the City Council Moorpark, California Page 6 January 15, 2003 Permit (NPDES) CAS 004002 should be added to the Standard Conditions for this project. In response to Councilmember Parvin, Mr. Hogan stated that there were no responses to the public notice for this item, which was mailed to neighboring businesses and residences; he would not approve a test drive route near the school campus or onto Condor Drive; he would defer to the applicant to disclose the number of cycles taken on test drives; it was not necessary to contact other cities with similar facilities to identify problems since he has dealt with two or three other motorcycle dealerships in other communities where the facilities were located in quasi- retail centers adjacent to residential property; the problems noted at those facilities involved noise generated from testing and running of engines outside the facilities and road testing in alleyways adjacent to the facilities; this facility is not adjacent to a residential use, but is near the freeway; and Special Conditions have been applied to prohibit outdoor repairs and a specified test drive route will require his approval; if there are problems with this facility after its approval, which violate the conditions of approval for this Conditional Use Permit, it will come before the Council for consideration of revocation or alteration of the permit; and if there is no violation of the findings or conditions of approval, staff would work with the owner on finding solutions to any problems. Mayor Hunter opened the public hearing. Tom Elasesser, applicant, 1326 Del Norte Road, Camarillo, California, stated that he is aware of the conditions and would like to address the Council's concerns. He stated that they do not race motorcycles up and down streets; there will be no hazardous runoff since they do not hose down cycles, rather they use rags to wipe them down and then send the rags out to be cleaned; the restriction on hours of operation from 9:30 a.m. to 6:30 p.m. five days a week, will probably be sufficient in the beginning, however as the business grows the retail hours may need to change; and a special ventilation system is being installed so that motorcycles can be serviced inside with the exhaust vented to the outside, thus eliminating any Minutes of the City Council Moorpark, California Page 7 January 15, 2003 outdoor noise. Mr. Elasesser predicted the sale of motorcycles in Moorpark should bring approximately $70,000 - $80,000 dollars in sales tax revenue to the city in the first year. In response to Mayor Hunter, Mr. Elasesser stated that this is a new store not a consolidation; this will be his third dealership to either start or turn around; and he would like to request more flexibility as the company grows and adds employees, to have the hours for retail be from 9:00 a.m. to 7:00 p.m. or 8:00 a.m. to 7:00 p.m. Jerrold Felsenthal, owner of the property at 6190 Condor Drive, Moorpark, California, stated that he had investigated Mr. Elasesser's Harley Davidson dealership in Camarillo, which proved to be a first class operation. He went on to encourage the Council to approve the project, which will benefit the city of Moorpark economically as well as bring a quality business to the city. Councilmember Harper recommended leaving the hours of the operation for retail sales in Condition No. 6. as stated and then let any future changes be left to the discretion of the Community Development Director. Mayor Hunter suggested that to provide the applicant with some flexibility to start, modifications could be made to Condition No. 5 to restrict the hours and days for repair operation from 8:00 a.m. to 7:00 p.m., Tuesday through Saturday; to Condition No. 6 to restrict the hours of retail operation from 9:00 a.m. to 7:00 p.m., daily; and then the addition to both of those Conditions that subsequent amendments may be left to the discretion of the Community Development Director. Councilmember Mikos stated that this is a very good project; she knows some motorcycle enthusiasts who speak very highly of the first class operation of this type of dealership; staff has addressed all concerns; the city will receive some well needed sales tax revenues; and she is very much in favor of the project. QGGO04 Minutes of the City Council Moorpark, California Paqe 8 January 15, 2003 Councilmember Millhouse stated that this looks like a very professional project; the Council's concern is that this not be a noise nuisance for the community; the conditions are good in providing flexibility to the applicant, while addressing the needs of the citizens, and the applicant needs to continue to be sensitive to those needs. Mayor Hunter stated that the only issue left to address would be the test drive route, which he recommends the applicant be allowed to work with staff to develop a test route that meets the applicant's requirements and protects the citizens. Mr. Kueny concurred and suggested adding verbiage to Condition No. 8 that would allow for subsequent amendment, as circumstances change, to the discretion of the Community Development Director. Councilmember Parvin stated that she had been concerned about noise pollution, but is comfortable with the conditions. She looks forward to the sales tax benefit, especially in light of the state's budget crisis. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2003 -2046 approving Conditional Use Permit 2002 -06 subject to conditions of approval, as amended for Special Conditions No. 5, No. 6 and No. 8 for changes to the hours and the addition of discretionary language, along with the addition of Standard Condition No. 15 on NPDES. The motion carried by unanimous voice vote. 9. PRESENTATION /ACTION /DISCUSSION: CONSENSUS: It was the consensus of the Council to waive the rules so that Items 9.A., 9.B., 9.C. and 9.D. could be heard together. Mayor Hunter asked for comments from the Council on the appointment process and the candidates. Councilmember Harper stated that there is a very strong applicant pool, particularly those with expertise in Minutes of the City Council Moorpark, California Page 9 January 15, 2003 building and development who have applied for the Planning Commission. He suggested retaining prior Commissioners for continuity and introduce new members to the open seats on the Planning Commission as well as the other open seats. Mayor Hunter stated that they are a very qualified pool of applicants and he wished there were more openings available. Councilmember Parvin stated that she concurred with Councilmember Harper's comments, as she too was very impressed with the experience of each applicant. She also stated she is looking forward to working with whomever is selected. Councilmember Millhouse echoed Councilmembers Harper and Parvin and stated that the city is blessed in this community with individuals who are dedicated to public service and the number of applicants is a reflection of that dedication. He explained that based upon the city's rules and regulations, it is within the Mayor's purview to select each of the Commissioners. He went on to state that the Mayor has interviewed all of the applicants and he will defer to the Mayor's selection for the various commissions. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. A. Consider Appointments to the Planning Commission. (Continued from December 4, 2002) Staff Recommendation: Appoint five (5) Planning Commissioners to serve a two -year term ending December 2004. Mayor Hunter stated his intent to nominate Scott Pozza, Kipp Landis, Robert Peskay, David Lauletta, and Mark DiCecco to the Planning Commission. Mayor Hunter stated that the Council rules require considering the candidates individually unless the Council wishes to waive rules and take them collectively. CONSENSUS: It was the consensus of the Council to waive the Council policy for putting forth each individual name to be approved for appointment and instead take the appointment names collectively. 0001 11 �� Minutes of the City Council Moorpark, California Page 10 January 15, 2003 MOTION: Mayor Hunter moved and Councilmember Millhouse seconded the nomination of Scott Pozza, Kipp Landis, Robert Peskay, David Lauletta, and Mark DiCecco to serve as Planning Commissioners for a two -year term ending December 2004. The motion carried by unanimous voice vote. B. Consider Appointments to the Parks and Recreation Commission. (Continued from December 4, 2002) Staff Recommendation: Appoint five (5) Parks and Recreation Commissioners to serve a two -year term ending December 2004. Mayor Hunter stated that again, there is a strong group of very qualified individuals applying for the Parks and Recreation Commission. He asked if the Council wished to waive rules and consider the nominations collectively. Mayor Hunter stated his intent to nominate Jonathon Quentin DeGuardi, Sandra Thompson, Thomas Pflaumer, Joseph Catrambone, and Julie Weisberger. CONSENSUS: It was the consensus of the Council to waive the Council policy for putting forth each individual name to be approved for appointment and instead take the appointment names collectively. MOTION: Mayor Hunter moved and Councilmember Harper seconded the nomination of Jonathon Quentin DeGuardi, Sandra Thompson, Thomas Pflaumer, Joseph Catrambone, and Julie Weisberger to serve as Parks and Recreation Commissioners for a two -year term ending in December 2004. The motion carried by unanimous voice vote. C. Consider Appointments to the Public Art Advisory Committee. (Continued from December 4, 2002) Staff Recommendation: Appoint two (2) public representatives to serve a two -year term ending December 2004. Councilmember Mikos stated that in this case the candidates for the Public Art Advisory Committee are even more outstanding, considering their level of experience in terms of art, museums, and docents. She went on to state that it is a shame that there are only two positions. G �°0 1 044'a"7 Minutes of the City Council Moorpark, California Paae 11 January 15, 2003 Mayor Hunter stated that the city would be well serviced if staff utilized the talents of not only this group, but all of the commission candidates, as they are a very talented group of individuals. Mayor Hunter stated his intent to nominate Jay Moore and Cliff Hauenstein to the Public Art Advisory Committee. He asked if the Council wished to waive rules and consider the nominations collectively. CONSENSUS: It was the consensus of the Council to waive the Council policy for putting forth each individual name to be approved for appointment and instead take the appointment names collectively. MOTION: Mayor Hunter moved and Councilmember Parvin seconded the nomination of Jay Moore and Cliff Hauenstein to serve as public member representatives on the Public Art Advisory Committee for a two -year term ending December 2004. The motion carried by unanimous voice vote. D. Consider Appointments to the Air Pollution Control District Advisory Committee. (Continued from December 4, 2002) Staff Recommendation: Appoint one (1) representative to serve a four -year term ending January 2007. The Mayor stated his intent to nominate Ryan Kinsella to serve on the Ventura County Air Pollution Control District Advisory Committee. MOTION: Mayor Hunter moved and Councilmember Mikos seconded the nomination of Ryan Kinsella to serve as the public member representative to the Ventura County Air Pollution Control District Advisory Committee for a four - year term ending January 2007. The motion carried by unanimous voice vote. Mayor Hunter thanked all of the applicants and congratulated those individuals who will serve the residents of Moorpark. E. Consider the Shea Homes Proposal for Revision to Tentative Tract Map No. 5133 and Residential Planned Development No. 1998 -01, the Seventy -nine (79) Home Project Located on the South Side of Los Anaeles 00C1028 Minutes of the City Council Moorpark, California Paae 12 January 15, 2003 Avenue, Approximately 500 -feet East of Moorpark Avenue. Staff Recommendation: Direct staff to work with Shea Homes on the redesign and priority processing of the development applications for the seventy -nine (79) lot project. Mr. Hogan gave the staff report. In response to Councilmember Parvin, Mr. Hogan stated that the previous project approval was for 79 single - family homes on small lots with very short driveways and no parking. He went on to state that in working with the applicant, staff recommended redesigning the project to gain a better product for both the applicant and the city. In response to Councilmember Parvin, Mr. Hogan stated that the Moose Lodge property is currently in escrow, but staff has not been asked to look at relocation. In response to Councilmember Harper, Mr. Hogan stated that the requirements for affordability do not change with the revised project. He stated that staff can look into gaining more affordable units due to the zero lot lines. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Councilmember Millhouse thanked staff and the Affordable Housing Committee for catching the problem created by the previously proposed short driveways and lack of on- street parking for this project. He went on to state that the revised development will provide a new type of product for the city, which is a first - time homebuyer product for children who have grown up in Moorpark, gone off to college, and are now back needing a place to live. Councilmember Millhouse stated that Councilmember Harper's comments regarding the need for more affordable housing are always good, but care should be taken when the guidelines are prepared to make sure they do not impact the bottom line of this project such that it affects the number of residential units, which are sorely lacking in the community. 0e^2 �9 Minutes of the City Council Mooroark, California. Page 13 January 15, 2003 Councilmember Mikos stated that an added benefit to the redesign is that the developer is amenable to working with idea of the trail structure along the Arroyo. She also stated that the applicant has indicated they will work with the Flood Control District to use more biotechnical methods of flood control, which are more natural in appearance. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to direct staff to work with Shea Homes on the redesign and priority processing of the development applications for the seventy -nine (79) lot project. The motion carried by unanimous voice vote. F. Consider Adopting a Resolution of Necessity to Acquire Fee Title by Eminent Domain Certain Real Property Owned by Colin and Victoria Velazquez Located at 601 Moorpark Avenue. Staff Recommendation: 1) Make the findings of public necessity as described in the staff report; and 2) Adopt Resolution 2003- (Staff: Hugh Riley) 4 /5th,s ROLL CALL VOTE REQUIRED. AT THIS POINT in the meeting, Councilmember Millhouse stated that he would be abstaining from consideration of Item 9.F. on the agenda, due to a potential conflict of interest previously disclosed, and left the dais. The time was 8:20 p.m. Mr. Riley stated that staff is recommending that this item be removed from the agenda to allow further analysis. He stated that the item would have a new notice and be placed on the agenda at a later date. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. CONSENSUS: It was the consensus of the Council to remove this item from the agenda for further analysis. AT THIS POINT in the meeting, to the dais. The time was 8:21 10. CONSENT CALENDAR: MOTION: Councilmember Harper seconded a motion to approve exception of Item 10.C. The call vote. Councilmember Millhouse returned p.m. moved and Councilmember Parvin the Consent Calendar with the motion carried by unanimous roll G0C.I.°'.,® Minutes of the City Council Moorpark, California Page 14 January 15, 2003 A. Consider Approval of Minutes for Special Joint Meeting of the City Council and Moorpark Unified School District of August 27, 2002. Consider Approval of Minutes for Regular Meeting of November 6, 2002. Consider Approval of Minutes for Regular Meeting of November 20, 2002. Consider Approval of Minutes for Regular Meeting of December 4, 2002. Consider Approval of Minutes for Regular Meeting of December 18, 2002. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - January 15, 2003. Manual Warrants Voided Warrants 111549 - 111551 & $ 2,747.94 111560 $ 0.00 Payroll Liability 111436 - 111443 $ 12,200.60 Warrants 111552 - 111559 $ 11,786.78 Regular Warrants 111444 - 111548 & $ 229,926.54 111561 - 111635 & $ 52,994.02 111636 - 111656 $ 478,624.55 Staff Recommendation: Approve the warrant register. D. Consider Report of Annual Development Agreement Review, Established in Connection with Moorpark Country Club Estates, Located Approximately 2,700 Feet South of Broadway between Grimes Canyon Road and Walnut Canyon Road (Tract 4928), on the Application of Toll Brothers, Inc. Staff Recommendation: 1) Accept the Community Development Director's Report and recommendation that, on the basis of substantial evidence, Toll Brothers Inc. has complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. ,3: ;.eq Minutes of the City Council Moorpark, California Paae 15 January 15, 2003 E. Consider Resolution Authorizing the City's Re- Designation of the Ventura County Recycling Market Development Zone. Staff Recommendation: Adopt Resolution No. 2003 -2047, authorizing Moorpark's participation in the Ventura County Recycling Market Development Zone upon the Zone's re- designation by the California Integrated Waste Management Board (CIWMB). F. Consider Recordation of Easements for Storm Drain and Utility Purposes for Archstone Communities Project (RPD)- 97 -1). Staff Recommendation: Approve the acceptance of the Easements and authorize the City Clerk to prepare, sign and record Acceptance Certificates for the Grant Deed of Easements and to record the Easement Grand Deeds and the attachments thereto in the office of the Ventura County Recorder. The following item was pulled for individual consideration: C. Consider Approval of the Regular Meeting Schedule for City Council Standing Committees for Calendar Year 2003. Staff Recommendation: Approve Regular Meeting Schedule for 2003. Mayor Hunter stated that only one meeting a month for the Budget and Finance Committee may be inadequate due to the state budget crisis and the city's needs. He recommended that the committee meet the first and third Wednesday of every month. Mr. Kueny suggested that the schedule may not have to be changed; that instead the Budget and Finance Committee meeting may be adjourned to a subsequent meeting or a special meeting called; and that this would provide more flexibility. Mayor Hunter stated that the schedule could stand; however, it may be necessary to meet twice a month on the first and third Wednesday of each month, at a minimum, for the remainder of the fiscal year. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to approve the Regular Meeting Schedule for City Council Standing Committees for calendar year 2003. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 16 January 15, 2003 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Kueny requested that the City Council go into closed session for two cases under Item 12.B. and Item 12.C. Councilmember Millhouse stated he would not be present for Item 12.C. due to a potential conflict of interest. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to adjourn to closed session for a discussion of two cases under Item 12.B. and Item 12.C. on the agenda. The motion carried by unanimous voice vote. The time was 8:26 p.m. B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) C. CONFERENCE WITH 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 Present in closed session were Councilmembers Harper, Mikos, Millhouse, Parvin and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager: and Deborah Traffenstedt, Assistant to City Manager /City Clerk. Councilmember Millhouse left the closed session at 8:40 p.m., prior to discussion of Item 12.C. The Council reconvened into open session at 8:48 p.m. Mr. Kueny stated that two cases under Items 12.B. and Item 12.C. were discussed and that there was no action to report. GOG� �3 Minutes of the City Council Moorpark, California Page 17 January 15, 2003 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 8:48 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk