Loading...
HomeMy WebLinkAboutAGENDA REPORT 2003 0402 CC REG ITEM 10A:. F,tl t4� �E�/'�1irpl�'nJ MINUTES OF THE CITY COUNCIL �lY -n `�-- --'�a'r California BY: February 6, 2002 A Regular Meeting of the City Council of the City of Moorpark was held on February 6, 2002, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:51 p.m. 2. INVOCATION: Pastor Dave Wilkinson, Moorpark Presbyterian Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Councilmember Keith 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; Hugh Riley, Assistant City Manager; Kenneth C. Gilbert, Director of Public Works; Mary Lindley, Community Services Director; Dana Shigley, Administrative Services Director; Walter Brown, City Engineer; Captain Robert LeMay, Sheriff's Department; John Brand, Senior Management Analyst; Nancy Burns, Senior Management Analyst; Deborah Traffenstedt, Acting Director of Community Development /Assistant to City Manager /City Clerk; and La -Dell Vanderen, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Introduction of New Employee, Deborah Sanquist, Accountant I, in the Administrative Services Department. Mayor Hunter introduced Deborah Sanquist, Accountant I, in the Administrative Services Department. o®01Cs Minutes of the City Council Moorpark, California Page 2 February 6, 2002 6. PUBLIC COMMENT: Gerald Goldstein, a Moorpark resident, spoke about police activity pertaining to enforced cleanup at his home. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Mikos requested that Item 11.F. be pulled for discussion. Councilmember Harper requested that Item 11.J. be pulled for discussion. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter read an announcement regarding the room dedication at the Senior Center in honor of Everett Braun. 9. PUBLIC HEARINGS: A. 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, and Repealing Ordinance No. 275 upon the Effective Date of the New Ordinance (Zoning Ordinance Amendment No. 2001 -03). (Continued Open Public Hearing from City Council meeting of January 16, 2002). Staff Recommendation: 1) Take public testimony and close the public hearing; and 2) Waive full reading and introduce Ordinance No. for first reading. Ms. Traffenstedt gave the staff report. Mayor Hunter announced that the public hearing was still open. Hugh Finlay, a Moorpark resident, provided written comments to the City Council and summarized his comments by requesting more specific definitions of the following: 200 -foot rule, major and minor facility, radio frequency (RF) safety limits for public right -of -ways, signal strength exhibits, and setback rules. He further noted inconsistencies with 00011 -7 Minutes of the City Council Moorpark, California Page 3 February 6, 2002 the numbers contained in Revised Table Nos. 17.20.050 and 17.20.060. Mr. Traffenstedt read written statement cards from Moorpark residents Tony Geivet and Robert Demyan supporting the ordinance, but requesting clarification of certain items in the ordinance. In response to Mayor Hunter, Ms. Traffenstedt summarized staff's response to the comments received from AT &T Wireless and the public. She confirmed that the ordinance had been corrected with respect to converting the term "should" to "shall" and that staff would need additional time to analyze the RF limits. Mayor Hunter recommended that staff be directed to resolve the outstanding issues contained in the correspondence received to date and prepare the final ordinance for introduction at the next meeting. Councilmember Millhouse commented on the lateness of the comments received from AT &T Wireless and their lack of attendance at the public hearing. In response to Councilmember Harper's concerns about field surveys, Ms. Traffenstedt replied that a firm could be hired to perform field surveys or staff could maintain a list of qualified consultants and collect a fee from the carriers to cover the costs. In response to Councilmember Harper's inquires about the permit process being conducted at the Planning Commission level, Ms. Traffenstedt replied that the Administrative Permit process does require notice at 300 feet and the hearing is typically held in the late afternoon. She stated that the Council would need to direct staff on whether consideration of public right - of -ways should be conducted at the administrative level. Mayor Hunter stated that staff should be prepared to justify their recommendation with the understanding that at least two Councilmembers believe that an administrative process for this type of permit is not appropriate. He recommended that staff be directed to respond to comments received on the ordinance. 0001c s Minutes of the City Council Moorpark, California Page 4 February 6, 2002 Councilmember Mikos stated that Item No. 4 in Mr. Finlay's letter regarding calculations and measurements under maximum channel restrictions should be addressed by the City Attorney. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to continue the public hearing open to the February 27, 2002, City Council meeting. The motion carried by unanimous voice vote. B. Consideration of General Plan Amendment No. 99 -01, Residential Planned Development No. 99 -02 and Vesting Tentative Tract Map 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 Public Hearing closed from Adjourned City Council meeting of January 23, 2002) . Staff Recommendation: 1) Adopt Resolution No. 2002- 1937 approving General Plan Amendment 99 -01; and 2) Adopt Resolution No. 2002 -1938 approving Vesting Tentative Tract Map 5187 and Residential Planned Development Permit No. 99 -02, subject to conditions of approval, and to become effective upon the effective date of the Zoning Ordinance. Ms. Traffenstedt gave the staff report. In response to Councilmember Millhouse regarding the future sidewalk contributions process, Mr. Kueny replied that this project is now proposed to be responsible for sidewalks along the west side of Walnut Canyon Road from the Spring Road intersection south along the project frontage and including the 2- acre affordable housing site. He stated that the other projects, Suncal and SP1, would be responsible for sidewalks on either or both the west and east sides of the southerly end of this project. He further stated that he believes that it is an equitable condition for this project. In response to Councilmember Millhouse regarding Condition 41 relating to undergrounding utilities, Mr. Kueny replied that the developer is obligated to make the full -width frontage improvements. 000109 Minutes of the City Council Moorpark, California Paae 5 February 6, 2002 Councilmember Millhouse stated that there were areas where the applicant should and should not be obligated to pay for undergrounding improvements and questioned whether there was a nexus with this project to perform all the proposed improvements on the east side of Walnut Canyon Road. Mayor Hunter stated that the utilities should be undergrounded and agreed that the improvements should take place on the west side, however, he too questioned whether there was a nexus to obligate the developer to provide improvements on the east side. In response to Councilmember Mikos regarding the Walnut Canyon Corridor Plan, Mr. Kueny replied that the corridor study did not address undergrounding of the utilities. He stated that it would be the City's position to require Suncal to underground on the east side of its project. He also confirmed that staff did shift the obligation to undergrounding versus requiring additional sidewalk improvements to the south. In response to Councilmember Harper, Mr. Kueny stated that there are approximately 12 poles to be undergrounded along the east side of Walnut Canyon Road. Ms. Traffenstedt added that the area for undergrounding consists of the length of the Walnut Canyon Road improvements for the project. In response to Councilmember Mikos, Mr. Kueny clarified that the 12 poles are located at or near the southern terminus of the Tract, and then proceeding north. Ms. Traffenstedt added that most of the poles are located at the shoulder and only one is in the slope area. Councilmember Millhouse stated his concerns regarding trading -off costs of sidewalks and reiterated that there was no nexus to undergrounding utilities on the east side of Walnut Canyon Road. Minutes of the City Council Moorpark, California Page 6 February 6, 2002 In response to Councilmember Harper, Mr. Brown replied that removal of a utility pole is about one -third of the cost of undergrounding it. In response to several questions posed by Councilmember Mikos, Mr. Kueny replied that the reason behind the condition is to provide full width improvements. He stated that the Morrison project does have some undergrounding issues as it approaches Charles Street. Councilmember Wozniak recommended that the wording be changed to reflect the City's desire to underground poles located in the right -of -way rather than to relocate them. Mr. Kueny reiterated that the Walnut Canyon Corridor Plan did not address whether Suncal was responsible for the entire sidewalk improvement along the east and west sides of Walnut Canyon Road. He stated that staff is recommending that West Pointe fund the undergrounding knowing that later projects could be conditioned to do 1000 of the sidewalks south of this project to Casey Road. In response to Mayor Hunter, Mr. Daly replied that after the last meeting, his understanding was that West Pointe would be responsible for sidewalks, curbs, and gutter; and that undergrounding the utilities on the other side of the street was not a requirement. Councilmember Millhouse inquired about setting up an assessment district and raised concern about the fairness of conditioning this applicant to shoulder the entire undergrounding effort. Councilmember Harper stated that he would like to see the staff recommended language left intact. In response to Mayor Hunter, Councilmember Millhouse replied that he could support Councilmember Wozniak's proposal with an additional requirement that if there is a dispute between staff and the applicant regarding right -of -way, then the matter should be forwarded to the Planning Commission for review. 000-L t'L Minutes of the City Council Moorpark, California Page 7 February 6, 2002 Mr. Kueny stated that if the design plans approved by the City and Caltrans require the utility poles to come down, then they would be undergrounded. Mr. Kueny noted that the only projects left to pay for improvements along Walnut Canyon Road are Suncal and Specific Plan No. 1. Councilmember Mikos stated that she agreed with Councilmember Harper that the undergrounding condition should remain as written. Councilmember Wozniak commented that he would support requiring the poles to be undergrounded and leaving in Condition 41. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2002 -1937. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to adopt Resolution No. 2002 -1938. The motion carried by unanimous voice vote. C. Consider Adoption of an Ordinance to Rescind Existing Chapter 15.24 and Replace with New Chapter 15.24, Regarding Flood Damage Prevention. (Continued open public hearing from City Council meeting of January 16, 2002) . Staff Recommendation: Continue to take public testimony, and continue the public hearing open to March 6, 2002. Mr. Brown gave the staff report. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to continue the public hearing open to the March 6, 2002 City Council meeting. The motion carried by unanimous voice vote. D. Consider Proposals for Community Development Block Grant (CDBG) Funds ($197,623) for FY 2002/2003. Staff Recommendation: 1) Open public hearing and receive public testimony for consideration in the appropriation of FY 2002/2003 CDBG funds estimated to total $197,623; close public hearing; 2) Refer this matter to the Budget and Finance Committee for review prior to the next regularly scheduled Council meeting, 00011-612 Minutes of the City Council Moorpark, California Page 8 February 6, 2002 directing the Committee to prepare a recommendation for final appropriations for Council's consideration at the regular meeting scheduled for March 6, 2002; and 3) Continue this item to the City Council meeting of March 6, 2002. Ms. Burns gave the staff report. Mayor Hunter opened the public hearing. Pat Esseff, spoke on behalf of Catholic Charities, 303 N. Ventura Avenue, Ventura, and discussed the current working relationship with the City of Moorpark. She stated that social service needs are very critical in a community of this size: She requested that the City Council approve their grant application. Matthew Taylor, spoke on behalf of the County of Ventura Senior Nutrition Program, 2220 Ventura Boulevard, Camarillo. He stated that they provide over 8,000 meals to seniors in Moorpark and more throughout the County of Ventura. He commented on their reliance on the CDBG monies due to other state budget cuts that they are experiencing. Kendra Folsom, spoke on behalf of the Ventura County Special Olympics Programs, P.O. Box 5600, Ventura, and stated that this is their first CDBG request. She stated that as of December 31, 2001, their program lost support from the City of Ventura due to budget cuts. She discussed the number of athletes that they are able to service in the City of Moorpark and in Ventura County and requested the City Council's approval of their grant application. Michael Whitmore, a Moorpark resident, spoke on behalf of the Ventura County Special Olympics and discussed the length of time that he has been in Special Olympics. J.R. Jones, spoke on behalf of Lutheran Social Services, 80 East Hillcrest Drive, No. 101, Thousand Oaks, stating that this was their first request for CDBG funds, and discussing their employment program, which helps the working poor and those in a crisis situation. He said that they also help the middle class community with employment assistance and any 00063 Minutes of the City Council Moorpark, California Page 9 February 6, 2002 other assistance needed due for issues they encounter, such as layoff, relocation assistance, and other living wage issues. Councilmember Millhouse thanked the groups for their contributions to the community and for participating in the CDBG program. Councilmember Harper recommended that the Budget and Finance Committee consider shifting part of the money from the Senior Center staff resources to the CBDG fund to fund more requests. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to refer this item to the Budget and Finance Committee for review and continue the public hearing closed to the March 20, 2002, City Council meeting. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 8:30 p.m. The City Council reconvened at 8:45 p.m. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Receiving Public Comments on Unmet Transit Needs in Ventura County and Forwarding the Comments to the Ventura County Transportation Commission to be Included in its Annual Process of Making Findings and Determinations Regarding Unmet Transit Needs. Staff Recommendation: Receive comments from the public and the Council, and direct the City Clerk to forward a summary of the comments to the Ventura County Transportation Commission to be included in the Unmet Transit Needs Comments submitted to the Commission prior to the February 11, 2002 deadline. Mr. Brand gave the staff report. Councilmember Mikos discussed the importance of this issue and stated that she wanted to give the Council and the public the opportunity to provide their own views to the VCTC. 0001'4'-4 Minutes of the City Council Moorpark, California Page 10 February 6, 2002 Mr. Brand provided the telephone and email information for the public to send their comments for the VCTC Unmet Needs Process. Gerald Goldstein, a Moorpark resident, discussed the bus service in the City of Moorpark and recommended later bus schedules for evening travel within the City of Moorpark and that there should be VISTA buses on Highway 118 from Moorpark to the County of Ventura Government Center, and from Fillmore to Moorpark. Gerald Squier, Moorpark Representative of the CTAC (Citizens Transportation Advisory Committee) reported that he attended the VCTC public hearing. He noted that several people did not understand what the proper processes were to get the laws changed. He stated that some comments received were too general, i.e. that better service is wanted, and that comments on the needs should be more specific and clearly addressed. He commented that the VISTA 101 service needs to be consistent, which would increase rider- ship throughout the day. He pointed out that the consistency issue was a problem due to costs associated with having a backup driver available during the lunch period. He also suggested more focussed service to the more frequently traveled areas in town such as the shopping centers. He asked that VISTA -East be extended to the Mission Bell Shopping Center on West Los Angeles Avenue in Moorpark. Councilmember Mikos discussed VCTC's goals from last years' Unmet Transit Needs process, and noted that VCTC did not evaluate the progress of those findings and prepare a report card for public review at the beginning of this year's comment period as requested by CTAC. She stated that it was impossible to know how well they did or if they accomplished their goals. She also stated that VCTC should be requested to examine and study a way to create a marketing program to increase ridership at various community colleges. She noted that the public was not aware of how VCTC has met that goal either. Mr. Brand stated that he has received comments from transit riders with regard to keeping the bus going on City holidays; extending the subsidized taxi service 0008:5 Minutes of the City Council Moorpark, California Page 11 February 6, 2002 to senior citizens; and on the difficulty of getting out of the south parking lot at the Moorpark station. In response to Councilmember Mikos regarding transfers from VISTA routes to the local buses, Mr. Brand replied that there is no free transfer system; however, there is a universal GoVentura SmartCard pass that is good on all the systems. He stated that riders complain that the discount rate of 10% is not that good, and that a rider would need to use a monthly pass on forty one -way trips per month before the monthly pass provides an economic incentive. He further stated that students and workers who get an occasional ride do not benefit. Councilmember Mikos stated that VCTC should evaluate improving the discount rate to attract more riders. Councilmember Harper requested information on whether there had been any comments on the system from Cal State University Channel Islands due to their expansion efforts. Councilmember Wozniak stated that Cal State University Channel Islands was using the SmartCard system and anticipates that it will be very well used by the students on the campus since shuttles go from the campus to Camarillo and Oxnard. He stated that next month a national transit group is coming to look at the SmartCard program and how` it is rapidly growing. He stated that all buses include the SmartCard and each bus system throughout the County accepts them, so when you buy the card, it is universal and makes it easier to use throughout each jurisdiction. He noted that VCTC is working on the report card, but other priorities have taken precedence. He stated that he was elected Vice Chair of the Commission on Friday and his goal is to get the report card out sooner. Councilmember Mikos stated that the City should do this each year and have a public discussion on an annual basis to increase awareness. CONSENSUS: It was the consensus of the City Council to direct staff to summarize the comments and submit them to VCTC prior to the February 11, 2002, deadline. ()00114-G Minutes of the City Council Moorpark, California Page 12 February 6, 2002 B. Consider a Resolution to Fund a Conceptual Study and Cost Estimate for the Realignment of Route 23 North of Los Angeles Avenue East [Project 80451. Staff Recommendation: Adopt Resolution No. 2002 -1939. (ROLL CALL VOTE REQUIRED). Mr. Gilbert gave the staff report. In response to Councilmember Mikos, Mr. Kueny replied that the alignment goes through Specific Plan No. 2. He stated that the area north of Specific Plan No. 2 is within a certain corridor, but is not fixed, and is along the right -of -way. In response to Councilmember Mikos, Mr. Gilbert replied that the feasibility study is within the scope of the area construction concept. He noted that an Environmental Impact Report would not be provided until a later stage. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion adopt Resolution No. 2002 -1939. The motion carried by unanimous roll call vote. C. Consider Approval of Plans and Specifications, Award of Contract, and Adoption of a Budget Resolution for the Extension of Utilities for the Arroyo Vista Community Park Restroom Facility Project. Staff Recommendation: 1) Approve the plans and specifications for the extension of utilities; 2) Award a contract to J & H Engineering General Contractors, Inc. for $122,225; and 3) Adopt Resolution No. 2002 -1940, appropriating an additional $169,000 to the project from the Park Improvement Fund - Community Zone. (ROLL CALL VOTE REQUIRED). Ms. Lindley gave the staff report. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to: 1) Approve the plans and specifications for the extension of utilities; 2) Award a contract to J & H Engineering General Contractors, Inc. for $122,225; and 3) Adopt Resolution No. 2002 -1940, appropriating an additional $169,000 to the project from the Park Improvement Fund - Community Zone. The motion carried by unanimous roll call vote. 0001477 Minutes of the City Council Moorpark, California Page 13 February 6, 2002 D. Consider Appointment of Representative to the Ventura County Regional Open Space District Advisory Committee. Staff Recommendation: Appoint the Director of Community Development. Ms. Traffenstedt gave the staff report. In response to Councilmember Mikos, Ms. Traffenstedt replied that notification of the opportunity to serve as one of the five `public member" representatives would be publicized on the City's website. CONSENSUS: It was the consensus of the City Council to appoint Ms. Traffenstedt as the Acting Director of Community Development to the Ventura County Regional Open Space District Advisory Committee. E. Consider Canceling the Regular City Council Meeting of February 20, 2002 and Scheduling a Special City Council Meeting on February 27, 2002. Staff Recommendation: 1) Direct staff to post a notice of meeting cancellation for the February 20, 2002, Regular City Council meeting; and 2) Direct staff to schedule a Special City Council meeting for February 27, 2002, at 6:30 p.m. Ms. Traffenstedt waived the staff report. MOTION: Councilmember Harper Mikos seconded a motion to: 1 notice of meeting cancellation J Regular City Council meeting; schedule a Special City Council 2002, at 6:30 p.m.. The motion vote. moved and Councilmember Direct staff to post a or the February 20, 2002, and 2) Direct staff to meeting for February 27, carried by unanimous voice F. Consider Status Report on Mission Statement, Priorities, Goals and Objectives for Fiscal Year 2001/2002 and Direction for Fiscal Year 2002/2003. Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny gave the staff report. Councilmember Mikos stated that from the standpoint of the public, a verbal report on the top ten priorities should be given. She stated that it would be useful 00011178 Minutes of the City Council Moorpark, California Page 14 February 6, 2002 either by objective or by department to indicate where we are on the progress of the objectives and that it should be considered for the next year. Mr. Kueny summarized the top ten priorities. In response to Councilmember Harper regarding continued work on the photovoltaic policy, Mr. Kueny stated that it might be turned over to a consultant. Councilmember Harper suggested that there are some Planning Commissioners that have a background in this area. CONSENSUS: It was the consensus of the City Council to receive and file the report. 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to pull Items ll.F. and ll.J., and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Warrant Register for Fiscal Year 2001 -2002 - February 61 2002. Manual Warrants Voided Warrants Pentamation additional remittance copy) Payroll Liability Warrants 108097 - 108099 & $ 2,171.25 108276 - 108277 1,501.00 108134 & 108163 $(10,774.96) 108356 & 108378 108184 - 108193 & $ 18,097.77 108194 & 2,646.40 108395 - 108403 11,270.60 Regular Warrants 108195 - 108275 & $ 63,648.15 108278 - 108346 & 17,442.14 108347 - 108394 766,432.46 Staff Recommendation: Approve the warrant register. B. Consider Application for HOME Funds for Fiscal Year 2002/2003 for Down Payment Assistance for First Time Buyers. Staff Recommendation: Direct staff to: 1) Apply for HOME funds in the amount of $200,000, to be o 001 9 Minutes of the City Council Moorpark, California Page 15 February 6, 2002 used as Down Payment Assistance for Low and Very Low Income First Time Home Buyers; and 2) Request the Moorpark Redevelopment Agency authorize a twenty -five per cent (250) match of the total funding approved for this program, up to $50,000, in Redevelopment Agency Tax Increment Set -Aside funds if the above application is successful. C. Consider Amendment to Joint Powers Agreement of Ventura Cities Mortgage Finance Authority. Staff Recommendation: 1) Adopt Resolution No. 2002 -1941 approving First Amendment to Joint Powers Agreement of Ventura Cities Mortgage Finance Authority; 2) Direct the Mayor to execute the First Amendment; and 3) Authorize the current Director, Councilmember Harper, to appoint Nancy Burns, Senior Management Analyst, and Dana Shigley, Administrative Services Director as alternate Directors. D. Consider Initiating Proceedings Related to the Levy of Assessments for the Park Maintenance and Improvement Assessment District for FY 2002/03. Staff Recommendation: 1) Adopt Resolution No. 2002 -1942, authorizing preparation of an Engineer's Report for the Moorpark Park Maintenance and Improvement Assessment District; and 2) Approve an agreement with Shilts Consultants to prepare the Engineer's Report and administer the District at a cost not to exceed $9,250. E. Consider Approval of a Resolution Authorizing the Destruction of Certain Records. Staff Recommendation: Adopt Resolution No. 2002 -1943. G. Consider Initiating Proceedings Related to the Levy of Assessments for AD 84 -2, AD01 -1, AD01 -2, and AD01 -3 for Fiscal Year 2002/2003. Staff Recommendation: 1) Approve the selection of Shilts Consultants, Inc. to provide the assessment engineering services for AD84- 2, AD01 -1, AD01 -2 and AD01 -3 for FY 2002/2003; and 2) Adopt Resolution No. 2002 -1944 authorizing preparation of an Engineer's Report for said assessment districts for FY 2002/2003. H. Consider Notice of Completion for the Widening of Los Angeles Avenue East of Leta Yancy Road. Staff Recommendation: Accept the work as complete. 0 001 O Minutes of the City Council Moorpark, California Page 16 February 6, 2002 I. Consider Award of Bid for Biennial Contract for Striping Services. Staff Recommendation: Authorize the City Manager to execute a contract with California Traffic Maintenance, Inc. for biennial striping services. K. Consider Addition of Casey Road /Walnut Canyon Road Traffic Signal Project to List of Los Angeles Avenue Area of Contribution (LA AOC) Funded Projects. Staff Recommendation: 1) Approve the addition of Casey Road /Walnut Canyon Road traffic signal to LA AOC Report as part of Project 8040; and 2) Adopt Resolution No. 2002 -1945 appropriating $156,708 from LA AOC for Project 8040. (ROLL CALL VOTE REQUIRED) L. Consider Appointment of Tenant Commissioner to the Area Housing Authority of the County of Ventura. Staff Recommendation: Confirm the appointment of Vina June Milburn to the Area Housing Authority Board as the tenant representative for a two -year term ending March 31, 2004. M. Consider Quarterly Treasurer's Report. Staff Recommendation: Receive and file Quarterly Treasurer's Report. The following items were pulled from the Consent Calendar for individual consideration: F. Consider Award of Bid for Video Production Equipment and Adoption of Resolution No. 2002 -1946 Amending the 2001/2002 Operating Budget by Appropriating $20,000 from the Equipment Replacement Fund for Video Production Equipment. Staff Recommendation: 1) Authorize partial award of bid for video production equipment to the following vendors: A -Vidd Electronics Company ($21,241.94), Digital System Technology, Inc. ($37,715.02), and TV Magic, Inc. ($31,585.13); and 2) Adopt Resolution No. 2002 -1946 amending the 2001/2002 operating budget by appropriating $20,000 from the Equipment Replacement Fund for video production equipment. (ROLL CALL VOTE REQUIRED) Councilmember Mikos stated that she requested this item be pulled to discuss the bidding process. Mr. Riley replied that the bid instructions were very 000181L Minutes of the City Council Moorpark, California Page 17 February 6, 2002 clear, that the bid was placed on an item -by -item basis, and that there is no reason to believe that any bidder would decline to honor their bids. MOTION: Councilmember Mikos moved and Councilmember Wozniak seconded a motion to 1) Authorize partial award of bid for video production equipment to the following vendors: A -Vidd Electronics Company ($21,241.94), Digital System Technology, Inc. ($37,715.02), and TV Magic, Inc. ($31,585.13); and 2) Adopt Resolution No. 2002 -1946 amending the 2001/2002 operating budget by appropriating $20,000 from the Equipment Replacement Fund for video production equipment. The motion carried by unanimous roll call vote. J. Consider Deferring General Plan Amendment (GPA) Prescreening Application Processing for Two Applications Filed in 2001 (GPA Prescreen 2001 -02 and 2001 -03) and One Application Filed in 2000 (GPA Prescreen 2000 -02), and any other Developer- Initiated GPA Prescreening Application until the November 2002 Application Filing Period. Staff Recommendation: Direct staff to defer processing and consideration of the GPA Prescreening Applications until the November 2002 filing period. Councilmember Harper stated that this item was pulled for discussion because DeWayne Jones' application was for a rather long deferment He noted that he was sensitive to the low staffing levels in the Community Development Department, but that the project should be moved forward. Councilmember Mikos concurred with Councilmember Harper's comments and asked whether the City should let one go forward or treat them all the same. Mr. Kueny replied that if the General Plan Amendment processing is approved the application would sit on the shelf behind the other applications, and that the only difference with Dr. Jones' application is that it had already gone through the pre- review process. He requested that staff be given four to six months to work on it and report back to the committee and Council. 0001E2 Minutes of the City Council Moorpark, California Page 18 February 6, 2002 Councilmember Harper recommended continuing the item to the next meeting to allow staff the time to provide a recommendation with regard to the outstanding projects. CONSENSUS: It was the consensus of the City Council to continue Item No. ll.J. to the February 20, 2002 City Council meeting. 12. ORDINANCES: A. Consider Ordinance No. 276 Approving Zone Change No. 99 -1 for a Change in the Zoning Designation from RE -5 Acre Minimum Lot Size to Residential Planned Development (RPD) 1.80 Dwelling Units Per Acre and Open Space (OS) on Nine Parcels Totaling Approximately 350 Gross Acres of Land Located West of Walnut Canyon Road and Approximately One -Half Mile North of Casey Road on the Application of West Pointe Homes, Inc. Staff Recommendation: Declare Ordinance 276 read for the second time and adopted as read. Ms. Traffenstedt read the title of Ordinance No. 276. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to waive further reading of Ordinance No. 276. The motion carried by unanimous voice vote. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to declare Ordinance No. 276 read for a second time and adopted as read. The motion carried by unanimous voice vote. B. Consider Ordinance No. 277 Adopting a Development Agreement Between the City of Moorpark and West Pointe Homes, Inc. Staff Recommendation: Declare Ordinance No. 277 read for the second time and adopted as read. Ms. Traffenstedt read.the title of Ordinance No. 277. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to waive further reading of Ordinance No. 277. The motion carried by unanimous voice vote. 0 001LE 13 Minutes of the City Council Moorpark, California Page 19 February 6, 2002 MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to declare Ordinance No. 277 read fro a second time and adopted as read. The motion carried by unanimous voice vote. 13. CLOSED SESSION: None was held. 14. ADJOURNMENT: Mayor Hunter adjourned the meeting at 9:40 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk o001F,4 MINUTES OF THE CITY COUNCIL Moorpark, California February 19, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on February 19, 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 7:02 p.m. 2. PLEDGE OF ALLEGIANCE: Dale Parvin, President -Elect of the Moorpark Rotary, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Parvin, and Mayor Hunter. Absent: Councilmember Millhouse. 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; Cynthia Borchard, Administrative Services Director; Walter Brown, City Engineer; Captain Richard Diaz, Sheriff's Department; Julie C.T. Hernandez, Senior Management Analyst; John Brand, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Certificate of Recognition honoring William Poleri, for his service as an Air Pollution Control District Advisory Committee member. Mayor Hunter presented William Poleri with the Certificate of Recognition and thanked him for his years of service. 0 001 S Minutes of the City Council Moorpark, California Page 2 February 19, 2003 Mr. Poleri thanked the Council for the opportunity to represent the city of Moorpark and stated he is available for future service if needed. B. Proclamation recognizing the month of March 2003 as Red Cross Month. Mayor Hunter read the Proclamation and presented it to Diana Grace, Director of Volunteer and Youth Services for the Red Cross. Ms. Grace thanked the Council on behalf of the Red Cross Board of Directors and staff for recognizing the efforts and services provided by the Red Cross. C. City Manager's Monthly Report. Mr. Kueny introduced Barry Hogan, Community Development Director, who gave the monthly report. Mr. Hogan provided a PowerPoint presentation on the departmental structure and services provided by the Community Development Department. He gave a brief overview of the following projects underway: Moorpark Country Club Estates, Mountainview Homes, Pacific Communities Development; Carlsberg Specific Plan, including several residential tracts, and a 73 -acre business park; affordable senior apartments; and the Moorpark Marketplace. He announced a forthcoming joint City Council/ Planning Commission workshop where the North Park Specific Plan will be discussed. Councilmember Mikos complimented staff on the tri -fold permit applications given out to the public, which were created by Steven Valdez, Planning Technician. Councilmember Mikos encouraged the public to come to the workshop for the North Park project. In response to Mayor Hunter, Mr. Hogan stated that the public can contact his department or him directly via email or by phone with any questions or concerns. He provided the email addresses and his phone number. 0 OOJLE G Minutes of the City Council Moorpark, California Page 3 February 19, 2003 5. PUBLIC COMMENT: Lucy Bermudez, a Moorpark resident, requested assistance regarding her court arraignment on February 25, 2003, regarding illegal dumping and grading behind Kmart. In response to Mayor Hunter, Mr. Hogan stated that even with the pending litigation, the Community Services Department will continue to work with Ms. Bermudez to seek resolution. Mayor Hunter encouraged Ms. Bermudez to work with staff and explained that the Council is unable to act on the matter since it was not on the agenda. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:23 p.m. The City Council meeting reconvened at 7:25 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.8, Items to be withdrawn from the Consent Calendar shall be identified at this time.) Mayor Hunter requested that Item 9.C. be heard first under Presentation /Action /Discussion. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos announced an 8 -mile hike from Happy Camp Canyon Regional Park to the top of Big Mountain on Saturday, February 22, 2003. Councilmember Parvin announced that the "fantastic" Food Drive to replenish the Food Pantry will take place in front of Albertson's on Sunday, February 23, 2003. 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 000:167 Minutes of the City Council Moorpark, California Page 4 Asadurian Investments. (Continued 2003, with Recommendation: March 5, 2003. public hearing Continue the public February 19, 2003 from January 15, open.) Staff hearing, open, to Mr. Hogan stated that negotiations between the applicant and the Ad Hoc Committee have not yet concluded and requested a continuance to March 19, 2003, rather than March 5, 2003. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to continue the public hearing open, to March 19, 2003. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. 9. PRESENTATION /ACTION /DISCUSSION: The following item was heard first. C. Consider Contribution to Moorpark High School Academic Decathlon Team Travel Cost for State Championship. Staff Recommendation: Direct staff as deemed appropriate. Larry Jones, Moorpark High School Academic Decathlon Team coach, described the many accomplishments of the team, which is the highest scoring team in the United States and introduced the members who would be going on to compete at the State Championship. Three members of the team, Adam Abed, Nathaniel Jones, and Paul Ideal, presented their award winning speeches. Mayor Hunter asked the Council how they wished to proceed and referenced a letter received by the Council from Mike and Dianne Hebert, Moorpark residents, requesting support for the team in the form of a donation. A discussion among the Councilmembers followed concerning the travel costs that would be incurred by the team; an appropriate amount to donate; and the source of funds for the donation. In response to Mayor Hunter, Mr. Kueny stated that the amount discussed would not require an appropriation. 000 -.r- 8 Minutes of the City Council Moorpark, California Paae 5 February 19, 2003 MOTION: Mayor Hunter moved and Councilmember Parvin seconded a motion to donate $2,500.00 to the Moorpark High School Decathlon Team Travel Costs for the State Championship. The motion carried by roll call vote 4 -0, Councilmember Millhouse absent. AT THIS POINT in the meeting a recess was declared. The time was 7:55 p.m. The Council meeting reconvened at 8:10 p.m. A. Consider Building Elevations for New Police Services Center. Staff Recommendation: Approve the building elevations for the new Police Services Center. Mr. Riley gave the staff report and introduced Chester Widom and Larry Taniguchi from the design firm of Widom Wein Cohen O'Leary Terasawa (WWCOT), 3130 Wilshire Boulevard, Santa Monica, California, who provided a Power Point presentation on the proposed elevation for the new Police Services Center. In response to questions from Council, Captain Diaz stated that the floor plan meets the needs of the Moorpark Police Department; there are holding rooms for prisoners; however, anyone to be held at length would be transferred to the East County Jail; and he has not looked at potential storage areas provided on the proposed floor plan. In response to questions from Council, Mr. Widom stated that the California Highway Patrol (CHP) continues to decline access to the space where the Moorpark Police Department is located; the color palette for the landscaping has not yet been selected; the floor plan allows for future jail /holding cells; storage areas have been included and there is potential for modification to allow for additional storage space; and the graphics and location for the signage are still open to discussion. In response to questions from Council, Mr. Tanaguchi stated that more articulation could be added to the entrance on the east elevation where the dog run and motorcycles will be located. He also stated that openings for entry areas can easily be cut into the drywall between what are now the two separate spaces occupied by the CHP and Moorpark Police Department. 10001E9 Minutes of the City Council Moorpark, California Page 6 February 19, 2003 MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to approve the building elevations for the new Police Services Center. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. B. Consider Ordinance No 291 Amending Chapter 6.04 General Provisions, Chapter 6.08 Animal Control, Chapter 6.12 Impoundment, and Chapter 6.16 Licensing of Cats and Dogs, of Title 6, Animals, to Allow Designated City Staff to Enforce Title 6. Staff Recommendation: Introduce Ordinance 291 for first reading and waive full reading of the ordinance. Ms. Traffenstedt stated that this is a re- introduction of Ordinance No. 291 due to revisions in the title and other minor editorial corrections. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Ms. Traffenstedt read the title of Ordinance No. 291. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to waive further reading of Ordinance No. 291. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to introduce Ordinance No. 291 for first reading. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. 10. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve the Consent Calendar. The motion carried by roll call vote 4 -0, Councilmember Millhouse absent. A. Consider Approval of Minutes of Regular Meeting of December 19, 2001. Consider Approval of Minutes of Regular Meeting of January 16, 2002. 000:11.9 0 Minutes of the City Council Moorpark, California Page 7 February 19, 2003 Consider Approval of Minutes of Regular Meeting of April 17, 2002. Consider Approval of Minutes of Regular Meeting of Ma 15, 2002. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - February 19, 2003. Manual Warrants Voided Warrant Payroll Liability Warrants 111871 - 111873 & $ 20,005.50 111938 111964 - 111971 1 11 $ 12,489.00 Regular Warrants 111874 - 111932 & $ 14,984.73 111933 - 111963 $ 698,521.02 Staff Recommendation: Approve the warrant register. C. Consider Approval of the 2003 Agreement for Services with the Moorpark Chamber of Commerce. (Continued from February 5, 2003) Staff Recommendation: Approve and authorize the City Manager to sign the 2003 Agreement for Services between the City of Moorpark and the Moorpark Chamber of Commerce. D. Initiate Proceedings Related to the Levy of Assessments for Assessment District (AD)84 -2, AD01 -1, and AD01 -2 & AD01 -3 for Fiscal Year 2003/2004. Staff Recommendation: Adopt Resolution No. 2003 -2051 authorizing preparation of an Engineer's Report for AD84 -2, AD01 -1, AD01 -2 and AD01 -3 for FY 2003/04. E. Consider a Cooperative Agreement with the State Department of Health Services and Agencies Applying Pesticides for Public Health Purposes. Staff Recommendation: Approve the Cooperative Agreement and authorize the City Manager to execute the agreement on behalf of the City. 000191 Minutes of the City Council Moorpark, California Page 8 February 19, 2003 F. Consider Resolution Authorizing Submittal of a Beverage Container Recycling and Litter Reduction Act Grant Application to the California Department of Conservation Division of Recycling. Staff Recommendation: Adopt Resolution No. 2003 -2052. G. Consider Request from Holy Cross Catholic Church to Authorize Temporary Parking Along Miller Parkway for Easter Sunrise Mass. Staff Recommendation: Approve the request from Holy Cross Catholic Church to authorize temporary parking along Miller Parkway for an Easter Sunrise Mass, based on the conditions as outlined in the agenda report. H. Consider Adoption of a Resolution Amending the FY 2002/03 Budget and Authorize Recordation of the Notice of Completion for the Community Center Breezeway Repairs. Staff Recommendation: 1) Adopt Resolution No. 2003 -2053, amending the FY 2002/03 Budget by appropriating $12,380 from the General Fund Reserve Balance for additional repairs to the Community Center Breezeway; and 2) Accept work as complete, and authorize the recordation of the Notice of Completion. ROLL CALL VOTE REQUIRED. I. Consider Adoption of a Resolution Amending the Fiscal Year 2002/2003 Budget Appropriating Gas Tax Funds for the Purchase of Portable Lights. Staff Recommendation: Adopt Resolution No. 2003 -2054, amending the FY 02/03 budget by appropriating $15,000 from the Gas Tax Reserves (2605) to the Street Maintenance expenditure budget. ROLL CALL VOTE REQUIRED. 11. ORDINANCES: None. 12. CLOSED SESSION: None was held. d00'1S2 Minutes of the City Council Moorpark, California Paqe 9 February 19, 2003 13. ADJOURNMENT: MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to adjourn. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. The time was 8:31 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 000193 MINUTES OF THE CITY COUNCIL Moorpark. California March 5, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on March 5, 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 6:55 p.m. 2. PLEDGE OF ALLEGIANCE: Scott Mosher, Executive Director of the Boys and Girls Club of Moorpark, 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; Cynthia Borchard, Administrative Services Director; Walter Brown, City Engineer; Captain Richard Diaz, Sheriff's Department; Nancy Burns, Senior Management Analyst; Julie C. T. Hernandez, Senior Management Analyst; Paul Porter, Principal Planner; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Certificate of Appreciation from the United Way of Ventura County. Mayor Hunter announced that David Smith, President and CEO of the United Way of Ventura County, was unable to attend the meeting to present a Certificate of Appreciation recognizing the generosity of city employees for their donations to the United Way campaign. He indicated that the presentation would be rescheduled. 000194 Minutes of the City Council Moorpark, California Page 2 March 5, 2003 5. PUBLIC COMMENT: Gerald Goldstein, a Moorpark resident, spoke about unrecorded crimes creating "safe city" statistics. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:00 p.m. The City Council meeting reconvened at 7:05 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.8, Items to be withdrawn from the Consent Calendar shall be identified at this time.) None. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos congratulated Kohl's Department store in Moorpark on their successful opening. Councilmember Mikos congratulated the Moorpark High School Academic Decathlon Team and wished them luck at the State Championship event. Councilmember Parvin congratulated Captain Diaz and the Moorpark Police Department for Moorpark's outstanding safety rating as noted in the Los Angeles Times newspaper article. 8. PUBLIC HEARING: A. Consider Proposals for Community Development Block Grant (CDBG) Funds for Fiscal Year 2003/2004. (Continued from February 5, 2003, with public hearing closed.) Staff Recommendation: Authorize the allocations recommended by the Budget and Finance Committee and staff from FY 2003/2004 CDBG funds, as described in the agenda report, with the provision that these amounts be prorated if the total funding allocated to Moorpark is higher or lower than $197,623. Councilmember Mikos disclosed to the Mayor, fellow Councilmembers, and the public that per Government 000195 Minutes of the City Council Moorpark, California Page 3 March 5, 2003 Code, Section 1091, she is publicly disclosing that she is a member of the Board of Directors of the Commission on Human Concerns, serving as one of the statutorily required public members and representing the 4th Supervisorial District, as appointed by Supervisor Judy Mikels. The Commission on Human Concerns, one of the applicants for CDBG funding for this item, is a 501(c) (3) non - profit corporation, and is Ventura County's officially designated Community Action Agency serving the poor and less fortunate across Ventura County since 1965 with the following mission: "Helping people through advocacy and services which promote dignity and self - sufficiency." As a Board Member for the Commission, per Government Code Section 1091, she is said to have a "remote interest" and therefore is allowed to, and will fully participate in all discussions and deliberations for this item under the "remote interest" exemption relative to potential contracts for non - profits. She stated she may even vote on the item, but her vote cannot be counted toward any decision about a potential contract for the Commission on Human Concerns. She went on to state that she may vote, and have her vote count, on potential contracts for any of the other applicants. Ms. Burns gave the staff report. Mayor Hunter stated that this is a public hearing item the Council previously considered and referred to the Budget and Finance Committee. In response to Council questions, Mr. Kueny stated that in regard to the Long -Term Care Ombudsman Program, the next item on the agenda is recommending $1000 be applied to their request for $2,000. He went on to state that staff is recommending any additional Public Service monies that become available be designated by the City Council for that project. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to authorize the allocations recommended by the Budget and Finance Committee and staff from FY 2003/2004 CDBG funds, as described in the agenda report, with the provision that these amounts be prorated if the total funding allocated to Moorpark is higher or lower than $197,623, and to further designate to the Long- () 001 G Minutes of the City Council Moorpark, California Page 4 March 5, 2003 Term Care Ombudsman Program, any additional Public Service monies identified. The motion carried by unanimous roll call vote. B. Consider Re- allocation of Unspent Community Development Block Grant (CDBG) Funds from Prior Years FY 1998/1999, FY 1999/2000, FY 2000/2001, FY 2001/2002, and FY 2002/2003. Staff Recommendation: 1) Open a public hearing on reallocation of funds from prior years, accept public testimony, and close the public hearing; 2) Authorize the re- allocation of unspent funds from previous years, as shown in the agenda report, to the Spring Road Project; and 3) Re- allocate $1,000, previously allocated to the Senior Survivalmobile (FY 2001/2002) to the Long -Term Care Ombudsman Program, providing this is consistent with HUD guidelines. Ms. Burns gave the staff report. In response to Councilmember Mikos, Mr. Kueny stated that the estimated amount available from the Public Service monies, which was designated in the previous item for the Long -Term Care Ombudsman Program, is in the range of $500.00. In response to Councilmember Harper, Ms. Burns stated that the dollars allocated for the Senior Survivalmobile were not spent, as there was no longer a demand for the service when the funds became available. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Councilmember Mikos stated that she highly supports the recommendation for funds to be set aside for what could be called the new Human Services Center. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to: 1) Authorize the reallocation of unspent funds from previous years, as shown in the agenda report, to the Spring Road Project; and 2) O OOJL97 Minutes of the City Council Moorpark, California Page 5 March 5, 2003 Reallocate $1,000, previously allocated to the Senior Survivalmobile (FY 2001/2002) to the Long -Term Care Ombudsman Program, providing this is consistent with HUD guidelines. The motion carried by unanimous roll call vote. C. Consider Commercial Planned Development Permit No. 2000 -04 for Construction of a 72,285 Square Foot _Commercial Center and Tentative Parcel Map No. 5264 for Subdivision of 6.28 Acres into Four Lots Located at the Southwest Corner of Campus Park Drive and Collins Drive on the Application of M &M Development. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt the proposed Negative Declaration as sufficient environmental documentation; and 3) Adopt Resolution No. 2003- approving Commercial Planned Development Permit No. 2000 -04 and Tentative Parcel Map No. 5264. Mr. Hogan gave the staff report, outlined three issues, and asked the Council to consider modification to conditions dealing with the Traffic Systems Management Fee (TSM) and the Citywide Traffic Fee. In response to questions from Council, Mr. Hogan stated that: the Traffic Study included in the information provided to the Council was presented by the applicant as additional information; the Art in Public Places requirement does apply to this project and is defined in the project conditions; the nature of the on -site art would not be determined until the project is approved by Council; the applicant is proposing a cut in the median on Campus Park Drive for east bound traffic, while staff is proposing the on- site driveway at Campus Park Drive have three lanes providing a dedicated lane for left turns through the median; landscaping would be reduced by this extra lane, but the project exceeds landscaped area requirements; the Planning Commission conditioned the project to increase the size of trees along Campus Park Drive to replace trees lost due to median modification; delivery trucks would access the site through the front of the center during off - hours; the two chain link gates being replaced by block wall are not required by the fire department; staff and other agencies are not concerned with underground leakage i1f ': Minutes of the City Council Moorpark, California Page 6 March 5, 2003 from the gasoline tanks; maintenance of the landscape median will be paid for by the shopping center owner; and the periodic review of the gas station operating 24 -hours a day allows staff require a reduction in operating hours if there are problems. A discussion followed between the Council and staff regarding safety concerns associated with the driveway on Collins Drive, including: eliminating the driveway as the safest possibility; stipulating a right -turn only into the center as the second safest possibility; moving the driveway further south; similarities to ingress /egress at other local gasoline stations; and staff's determination that if the driveway is to remain, it is located in the optimum location. In response to Council questions, Mr. Hogan stated that the project is conditioned to require the applicant to provide a detailed Traffic Study on the phasing, signalization, and striping of the intersection at Campus Park Drive, which could become an alternate route if the driveway at Collins Drive is eliminated. He further stated that a deceleration lane would not be effective due to insufficient distance between the corner at Collins Drive, south of Campus Park Drive, and the driveway. In response to Councilmember Parvin, Captain Diaz stated that safety concerns for the entire center are neither enhanced nor degraded by having the gas station open for 24- hours. In response to Councilmember Parvin, Mr. Brown stated that staff is concerned about the driveway on Collins Drive, which places too many conflict points too near a corner. Mayor Hunter opened the public hearing. David Morehead, Alviso Drive, changes made to residents of Commission Ad Commission over request the recommendations: representing M &M Development, 66 Camarillo, California, spoke about the proposal after working with the �ampus Hills, staff, the Planning Hoc Committee, and the Planning a two -year period. He went on to following changes to staff's retention of the Collins Drive exit, 000199 Minutes of the City Council Moorpark, California Page 7 March 5, 2003 as critical to the tenants; hours of operation, with the exception of the gas station, to close at 10:00 p.m. and allow the fast food to remain open until 12:00 a.m. to accommodate college activities, which end after 10:00 p.m.; and a provision to revisit the TSM fee amount. Brian Dougherty, potential operator of the service station, 302 Wood Ranch Parkway, Simi Valley, stated that a survey of the residents adjacent to the project revealed that they preferred a gasoline station, fast food and a grocery store in this location. He went on to outline the benefits of the project to include: increased tax revenue stream for the city, the potential for 100 -plus jobs, dine -in and take -out food, gasoline, an upscale coffee shop, a car wash, and all located in a beautiful retail center. In response to questions from Council, Mr. Dougherty stated that: the car wash is a drive - yourself version with automatic dryers and two islands for vacuuming; the survey they conducted asking residents what they would like to see developed on the site included one - third of the residents in the area, and did not imply that the gas station was already approved; limiting the outdoor speakers at the fast food should not impact business; employees on duty at the 24 -hour gas station will enhance safety for the entire center; the gas station could not operate without the egress /ingress on Collins Drive; and the residents in the area will still need to buy gas even if the college entrance is relocated. In response to questions from Council, Mr. Morehead stated that: numerous tenants are interested in the fast food location; he cannot name tenants or sign leases until fees are established; Trader Joe's declined this location; the demographics do not support a supermarket; and two small grocery stores have expressed an interest. Bob Ghericke, architect for M &M Development, 4437 Forestglen Court, Moorpark, stated he was available for questions. David Rush, leasing agent for M &M Development, 830 Pleasant Dale Place, Thousand Oaks, stated that: he fl00wC() Minutes of the City Council Moorpark, California Paae 8 March 5, 2003 was unable to mention specific tenants for the project; this convenience center will be successful and will acquire its business from the college and the surrounding community; it is anticipated that there will be a constant change in the tenant mix; and even with competition from additional centers, this center will still be viable, as the resident numbers will be increasing; and that the second story will house offices for medical, dental, legal, accounting, and insurance services. The following Moorpark residents spoke in favor of the project, citing: increased tax revenues for the city; convenience for purchasing gasoline and fast food; the applicant has addressed residents' concerns; the residents need consideration for this use even if the college entrance does change; and the architecture is attractive Paul Bedigian Stephen Bohnert Cheri Risley Bonnert Robert Brunner Jeff Burg Flo Carvalho Rosalie Gehres Daniel Groff James McDonald Sandy Miller Lina Santelli Jim Stueck, Chamber of Commerce Board Member, 484 E. Los Angeles Avenue, Suite 116, Moorpark, spoke in support of the project. Jeff Gery, a Moorpark resident, stated that: the Traffic Study does not give an accurate picture of peak conditions; he is concerned with high traffic volume activity at the corner intersection of the site; the driveway on Collins Drive should be eliminated; this is possibly not an appropriate use for this intersection; he does not want to see large signage; and he suggested reversing the location of the gas station on the site. The following Moorpark residents spoke in opposition to the project, citing: questionable polling 000wOIL Minutes of the City Council Moorpark, California Paqe 9 March 5, 2003 techniques; impact on traffic; safety issues associated with egress /ingress to the gas station; health concerns from having a gasoline station in close proximity to residential areas and a park; lighting pollution; and security issues at a 24 -hour gas station operation. Patrick Ellis Michael Greywitt Susan Nardi Steve Nardi Dr. Helga Winkler Ms. Traffenstedt stated that there were 133 Written Statement cards submitted in favor of the project as proposed; and 9 Written Statement cards, some expressing opposition, some neutral, and some unspecific, citing concerns regarding: increased traffic; noise, lights, and odor pollution; health risks from fumes; phased construction; liquor sales; large commercial signs; a request for a pedestrian bridge; changing the zoning from commercial to residential; insufficient landscape buffer; and a request for a fountain. AT THIS POINT in the meeting, the Council meeting was recessed. The time was 9:37. The Council meeting reconvened at 10:08 p.m. Mr. Morehead pointed out that there were 133 Written Statement cards in support of the project, which represents 94- percent of the cards received; and that liquor sales are not part of the proposal. Councilmember Harper complimented the applicant on his presentation and stated that: the architecture is well done; he likes the center better than the dirt lot; he has major concerns about some of the uses including the fast food and gas station not being compatible with adjacent residential use; the ingress /egress on Collins Drive is a disaster; the applicant and staff should look at another configuration for ingress /egress other than Collins Drive; increased traffic and noise will be generated by the gas station use; if the project is approved, hours of operation should be limited; the gas station should be reoriented on the site; a study of the impacts and means of mitigating emissions from the 00®ZV2 Minutes of the City Council Moorpark, California Page 10 March 5, 2003 fast food operation should be performed; and he is in favor of the use of art and would concur with a fountain and the use of stamped concrete. Councilmember Parvin stated that: she was a participant in the survey, which did not appear to be biased; the applicant has set a precedent for letting the community know what they are planning; and she likes the convenience, beautiful architecture, attractive site, creation of more jobs, and proposed landscaping. She went on to state that more work on the Collins Drive entryway is needed without harming the circulation plan. Councilmember Millhouse stated that: the applicant was not required to survey the residents; the applicant has responded to their concerns; alcohol sales were never an issue of this proposal; an overwhelming number of residents want this project; the Planning Commission has addressed a number of issues; the Council should not try to redesign the project; the architecture of the main building is great; the gas station is needed and convenient; the landscaping at the corner should be further articulated; this will be a key visual point for the city; an alternate method should be employed in the evenings rather that having outdoor speakers for restaurants; the project is not increasing traffic, just redirecting it; he thinks the driveway on Collins Drive is a benefit; he concurs with Councilmember Harper's suggestions for art on site; and he realizes this project must come back before the Council. Councilmember Mikos stated she agrees that the architecture is beautiful, but she is concerned about the traffic and the gas station. She went on to state that: she is concerned about sacrificing safety for convenience; nothing has convinced her that it is safe with this circulation plan; there appear to be flaws in the Traffic Study prepared by the applicant's engineer; she is not in favor of a gas station, however, if it is approved, it should be reoriented to have a different driveway; and she is not prepared to vote at this time, the project needs to come back. Mayor Hunter stated that the Council has summarized the concerns. He asked staff to analyze traffic Minutes of the City Council Moorpark, California Paae 11 March 5, 2003 circulation inside and outside the project to provide the Council with all the alternatives for locating or eliminating the driveway. Mr. Hogan stated that a Traffic Study would take time to be analyzed and that the Permit Streamlining Act time limit would need to be waived by the applicant to allow time for staff to prepare the required information. In response to Councilmember Millhouse, Mr. Kueny stated that: it would be possible for staff to bring this item back to the Council by the first meeting in April, as they may be able to use the Traffic Study prepared for the North Park project; the real issue is not one of traffic, but of circulation and access; the options are available to be repackaged and presented to Council; and it would be best if there was a longer time extension, pertaining to the Permit Streamlining Act, to avoid asking for any additional extension. He asked the Council for a straw vote on whether staff should explore reversing the gas station on the site; and for exploring the addition of onsite public art. CONSENSUS: It was the consensus of the Council that staff should explore reversing the location of the gas station on the site and to explore the addition of onsite public art. Mr. Morehead stated that he was shocked to learn that a continuance is necessary. He asked the Council to consider approval of the project, at this time, without the driveway on Collins Drive and allow a Traffic Study to be performed with alternatives to the access to be presented as a separate issue. Mayor Hunter stated he preferred to consider the project as a whole. Councilmember Harper concurred with Mayor Hunter and stated that: the Council does not want to delay the project; there are significant issues to consider and staff needs time to look at them in their entirety; the applicant should know the Council is comfortable with the architecture; and the range of issues is limited, so a consensus should be reached quickly. Minutes of the City Council Moorpark, California Page 12 March 5, 2003 Mr. Morehead stated that without the gas station component the expensive architecture would not be possible. In response to Councilmember Mikos, Mr. Kueny stated that he recommends that the applicant sign a waiver to consent to a time extension to May 9, 2003, to prevent the need to request another extension if Council does not approve the project at the April 2, 2003, meeting. Mr. Moreland agreed, on the record, to an extension of the Permit Streamlining Act time limit to May 9, 2003. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to continue the open public hearing to April 2, 2003. The motion carried by unanimous voice vote. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider an Ordinance Amending Section 3.16.050 of Chapter 3.16 of the Moorpark Municipal Code Changing the Reporting Requirements of the City Treasurer to the City Council. Staff Recommendation: Introduce Ordinance No. 293 for first reading and waive full reading of the ordinance. Ms. Borchard gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Ms. Traffenstedt read the title of Ordinance No. 293. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to waive further reading of Ordinance No. 293. The motion carried by unanimous voice vote. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to introduce Ordinance No. 293 for first reading. The motion carried by unanimous voice vote. B. Consider Resolution Amending the FY 2002/2003 Budget, Approve Plans and Specifications, and Authorize Advertisement for Receipt of Bids for the Flinn Realianment Protect (Proiect 8037). Staff 000zles Minutes of the City Council Moorpark, California Paqe 13 March 5, 2003 Recommendation: 1) Adopt Resolution 2003 -2055, 2) Approve the plans and specifications for the subject project; and 3) Authorize staff to advertise for receipt of bids for construction of the project. Mr. Gilbert gave the staff report. In response to Councilmember Harper, Mr. Kueny stated that renaming one of the two streets will be referred to the Transportation /Streets Committee, which will be meeting in April. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to: 1) Adopt Resolution 2003- 2055, 2) Approve the plans and specifications for the subject project; and 3) Authorize staff to advertise for receipt of bids for construction of the project. The motion carried by unanimous roll call vote. C. Consider Approval of Plans and Specifications and Authorization to Advertise for Receipt of Bids for the 2003 Slurry Seal Project. Staff Recommendation: Approve the plans and specifications for the subject project and authorize staff to advertise for receipt of bids for construction of the project. Mr. Gilbert gave the staff report. In response to Councilmember Parvin, Mr. Gilbert stated that despite the quality of previous work, the city cannot deny bids if the contractor has a license; the Council has directed that no cars be towed from streets to be slurry sealed, creating the need to seal around the parked cars and return later to patch those areas; and improved inspection techniques allow the city to assure a better quality slurry seal. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to approve the plans and specifications for the subject project and authorize staff OOOZ()S Minutes of the City Council Moorpark, California Page 14 March 5, 2003 to advertise for receipt of bids for construction of the project. The motion carried by unanimous voice vote. D. Consider Resolution Amending the FY 2002/2003 Budget, Approve Plans and Specifications, and Authorize Advertisement for Receipt of Bids for the Asphalt Overlay 2003 Project (Project 8011). Staff Recommendation: Adopt Resolution 2003 -2056, approve the plans and specifications for the subject project, approve the addition to the scope of work AC pavement remedial work on Tierra Rejada Road, and authorize staff to advertise for receipt of bids for construction. Mr. Gilbert gave the staff report. In response to Council questions, Mr. Gilbert stated that although a complete overlay is aesthetically more pleasing, a more reasonable price is achieved by deferring a complete overlay for several years and by using different techniques on problem areas of pavement; typically, overlays take place after 20- years, if they can be funded; and there is a 3 -year moratorium policy in effect to prevent utility companies from digging up newly surfaced streets. Mr. Brown stated that utility companies that insist on digging, must patch and slurry seal a good distance to restore the waterproof integrity of the streets. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to adopt Resolution 2003 -2056, approve the plans and specifications for the subject project, approve the addition to the scope of work for the pavement remedial work on Tierra Rejada Road, and authorize staff to advertise for receipt of bids for construction. The motion carried by unanimous roll call vote. 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. 00007 Minutes of the City Council Moorpark, California Paae 15 March 5, 2003 A. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - March 5, 2003. Manual Warrants Voided Warrant Payroll Liability Warrants 111972 - 111974 111424 111975 - 111982 $ 23,858.09 $ (2,962.40) $ 12,375.50 Regular Warrants 111983 - 112091 & $ 64,774.03 112092 - 112132 $1,263,809.14 Staff Recommendation: Approve the warrant register. B. Consider Mid -Year Amendments to 2002/2003 Fiscal Year Budget. Staff Recommendation: Adopt Resolution 2003- 2057 amending the FY 2002/2003 budget. C. Initiate Proceedings Related to the Levy of Assessments for the Park Maintenance and Improvement Assessment District for Fiscal Year 2003/2004. Staff Recommendation: Adopt Resolution 2003 -2058 authorizing preparation of an Engineer's Report for the Moorpark Park Maintenance and Improvement Assessment District for FY 2003/04. D. Consider Request from Moorpark Kiwanis to Waive Park Rental Fees for Softball Tournament. Staff Recommendation: Approve the request from Kiwanis of Moorpark to waive park rental fees associated with their Girls Softball Tournament, provided that they pay all direct costs incurred by the City, including one staff person dedicated to the Tournament. E. Consider Approval of Plans and Specifications for the Procurement and Installation of Transit Bus Shelters. Staff Recommendation: Approve the plans and specifications for the procurement and installation of transit bus shelters, and authorize staff to proceed with the bid process for this project. F. Consider Leaving One Teen Council Position Vacant Until the Next Regularly Scheduled Recruitment. Staff Recommendation: Concur that the vacant teen council position will not be filled due to the length of the remaining term of office. 00008 Minutes of the City Council Moorpark, California Paae 16 March 5, 2003 11. ORDINANCES: A. Consider Ordinance No. 291, an Ordinance of the City of Moorpark, California, Amending Chapter 6.04 General Provisions, Chapter 6.08 Animal Control, Chapter 6.12 Impoundment, and Chapter 6.16 Licensing of Cats and Dogs, of Title 6, Animals, to Allow Designated City Staff to Enforce Title 6. Staff Recommendation: Declare Ordinance No. 291 read for the second time and adopted as read. Ms. Traffenstedt read the title of Ordinance 291. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to waive further reading of Ordinance No. 291. The motion carried by unanimous voice vote. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded the motion to declare Ordinance No. 291 read for a second time and adopted as read. The motion carried by unanimous voice vote. 12. CLOSED SESSION: None was held. 13. ADJOURNMENT: MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 11:06 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk Ufl0� () 9