HomeMy WebLinkAboutAGENDA REPORT 2003 0604 CC REG ITEM 10AjTr
MINUTES OF THE CITY COUNCIL
Moorpark, California April 2, 2003
A Regular Meeting of the City Council of the City of Moorpark
was held on April 2, 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 7:03 p.m.
2. PLEDGE OF ALLEGIANCE:
Steven Kueny, City Manager, 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;
Cynthia Borchard, Administrative Services
Director; Walter Brown, City Engineer;
Captain Richard Diaz, Sheriff's Department;
Paul Porter, Principal Planner; Deborah
Traffenstedt, Assistant to City Manager /City
Clerk; and Maureen Benson, Deputy City
Clerk.
Mayor Hunter introduced Dwayne Christensen and Norman Rehaut,
Ventura County Grand Jury members present in the audience.
4. PROCLAMATIONS AND COMMENDATIONS:
None.
5. PUBLIC COMMENT:
None.
AT THIS POINT in the meeting, the City Council recessed to
convene a meeting of the Moorpark Redevelopment Agency. The time
was 7:04 p.m. The City Council meeting reconvened at 7:10 p.m.
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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to be withdrawn from the Consent Calendar shall be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.)
Councilmember Mikos requested that Items 10.C. and 10.G be
pulled from the Consent Calendar for individual discussion.
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Millhouse requested adjournment in honor of
the U.S. military men and women currently serving in Iraq.
Councilmember Millhouse reported on transportation issues
in the area and encouraged citizens to contact the Council
with their concerns. As a result of citizen input, he
cited changes made to the right -turn lane at Moorpark and
Tierra Rejada Roads and for Caltrans' plans to revisit the
time restrictions for eastbound traffic traveling in the
shoulder lane of the State Route 118 freeway.
Councilmember Millhouse, as Chair of the Ventura County
Transportation Commission, reported on the status of
funding for local transportation projects including the
State Transportation Improvement Program's (STIP) list,
which has placed an additional lane for Highway 23 as a top
priority. He stated that this project will go out for bid
in July with construction to possibly begin in December.
8. PUBLIC HEARING:
A. 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
(Assessor Parcel No(s). 514 -0- 160 -045). (Continued
from March 5, 2003, public hearing open). Staff
Recommendation: 1) Accept public testimony and close
the public hearing; 2) Adopt the proposed Negative
Declaration as sufficient environmental documentation;
and 3) Direct staff as to what alternative, if any,
with respect to the gas station layout and the Collins
Drive access and then Adopt Resolution No. 2003 -2071
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approving Commercial Planned Development Permit No.
2000 -04 and Tentative Parcel Map No. 5264, directing
staff to amend the conditions consistent with Council
direction.
Mr. Hogan gave the staff report.
In response to Councilmember Harper, Mr. Hogan stated
that staff knows of no technology that can mitigate
odors generated from the fast food restaurant.
In response to Councilmember Mikos' request for a
comparison to other sites, Mr. Hogan presented slides
showing various commercial sites in neighboring
communities, which have corner locations, gasoline
stations, fast food restaurants, freeway access, and
adjacent residential land use.
Councilmember Mikos disputed that any of the sites
shown were comparable to the Campus Park site with its
adjacent public park, college, and residential area.
She went on to question whether the Air Quality Impact
of the Initial Study Negative Declaration should be
revised to identify a potentially significant impact
due to fumes from the gas station and asked if there
is any merit to the public's concern.
In response to Councilmember Mikos, Mr. Hogan stated
that air quality is a regional issue; cities use a
mitigation fee in order to improve air quality
standards; the fees are used to fund electric charging
stations, bus turnouts, van pools, and park and ride
lots to try to minimize the air quality impacts; and
van pooling is a possibility for the offices at this
site.
In response to Councilmember Mikos' request for a
summary of the geotechnical measures that will be used
to protect the site in regard to the information
contained in the Initial Study Section on Geology and
Soils, which states that the site for this project is
located on a liquefaction hazard zone, Mr. Brown
stated that there will be excavation of the site to a
depth of approximately 6 -10 feet; replacement of the
soils will create a pad resistant to liquefaction; and
the gasoline tank pads would then be excavated and
recompacted.
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Councilmember Harper challenged that the environmental
document does not correctly identify adverse impacts
in the areas of Air Quality and Ambient Noise and
should be re- evaluated.
Councilmember Mikos provided a newspaper article from
the Ventura County Star citing the Environmental
Protection Agency's desire for stricter regulations
for certain pollutants due to increased cancer risks,
especially to children, caused by exposure to certain
chemicals present in auto exhaust. She stated that
this is further information to indicate that the
Initial Study, in regard to Air Quality, has been
misevaluated.
Mayor Hunter stated that this is a continued public
hearing.
David Morehead, M & M Development, 66 Alviso Drive,
Camarillo, provided a brief history of the changes
made to the project and stated that the only remaining
issues pertain to traffic and the gas station. He
gave a PowerPoint presentation showing intersections
in Camarillo, Westlake Village, and in Moorpark at the
corner of Spring Road and Los Angeles Avenue, which
are similar to this proposal. Mr. Morehead presented
his arguments for retaining the ingress /egress on
Collins Drive. He introduced Brian Doherty from TnT
Resources, Inc., to present information on the gas
station site.
Ms. Traffenstedt asked for clarification on waiving
rules for time exceeded on Mr. Morehead's
presentation.
CONSENSUS: It was the consensus of the Council to waive
rules and allow the applicant to finish the presentation.
Brian Doherty, TnT Resources, Inc., 302 Wood Ranch
Parkway, Simi Valley, reported on 1,200 signatures
collected from residents in support of the project;
over 250 Written Speaker cards presented at this
meeting in support of the project; and other
signatures in opposition to the gas station, which
were collected by misrepresentation of the project.
He went on to state that the environmental concerns
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April 2, 2003
raised by Councilmembers Mikos and Harper are
unfounded, as Federal and State regulations protect
the ground water from contamination; the site is
situated to avoid truck use, thus diesel fumes would
not be a problem; and the gas pumps are designed with
fume -vapor recovery systems. Mr. Doherty cited the
positive aspects of the project to be 100 -plus jobs
for the community; increased tax revenue for the City;
and the fact that the majority of the residents are in
support of the project.
Mr. Doherty introduced design consultant, Ken Barton
and leasing agent, David Rush, as available for
questions.
Ted Green, Sr., a Moorpark resident, spoke in
opposition to the gas station and fast food
restaurant.
Sabrina Simpson, a Moorpark resident, spoke in support
of the project, especially with the 24 -hour gas
station.
Ken Fowler, a Moorpark resident, stated that the
project is highly needed in this area for the
mobilehome residents; and he would prefer spending his
money in Moorpark rather than in Simi Valley.
Dorothy Ventimiglia, a Moorpark resident, spoke in
opposition to the 24 -hour gas station in a residential
neighborhood due to health concern issues and air
quality issues created by chemicals and harmful cancer
causing vapors.
Dr. Hogal Winkler, a Moorpark resident, spoke in
opposition to the gas station; described misleading
statements made in the original effort to collect her
signature on a petition in support of the project;
described her efforts to collect signatures on a
subsequent petition solely in regard to the gas
station; and cited the potential increase in noise,
traffic, and air pollution caused by toxic fumes.
Paul Smula, a Moorpark resident, asked Council to
consider the relevant facts and make a decision.
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Kathie Smula, a Moorpark resident, spoke in support of
the gas station, and stated the location of the
driveway access at the on -ramp to the 23 Freeway is
much safer than locating it near the off -ramp.
Dick Wardlow, a Moorpark business owner, stated that
the city of Moorpark already has the cars, fumes, and
traffic generated by those who work or go to college
here, but do not reside in Moorpark; why not have the
sales tax too.
Jeanne Duncan, a Moorpark resident, spoke in support
of the project, including the gas station; and stated
that her monies could now be spent in Moorpark at
these more conveniently located stores and gas
station.
Kevin Wood, a Moorpark resident, spoke in support of
the development, including the gas station, for its
convenience and for keeping tax dollars in Moorpark.
Jerry Grote, a Moorpark resident, expressed concern
regarding a potential violation of the Brown Act on
the part of two Councilmembers. He went on to state
his support of the project, including the gas station.
Helga Tschaeche, a Moorpark resident, spoke in support
of the convenience store at the gas station.
Hazel Kivett, a Moorpark resident, spoke in support of
the project.
Rosalie Gehres, a Moorpark resident, spoke in support
of the project with its pleasing architecture,
convenience to the mobilehome residents, and potential
for tax dollars to the City.
Flo Carvalho, a Moorpark resident, spoke in support of
the project, including the gas station.
Howard Pompel, a Moorpark resident, concurred with the
previous speakers in support of the project and added
that with its convenience to Moorpark College students
there will be more sales tax dollars for the City.
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Bill Smailes, a Moorpark resident, spoke in support of
the project as a big help to the mobilehome residents
for the purchase of gasoline and emergency groceries.
Marla Kengen, a Moorpark resident, concurred with all
of the positive comments in support of the project,
including the gas station.
Cynthia Hunt, a Moorpark resident, spoke in support of
the development; however, she expressed concerns about
the proposed 24 -hour service at the gas station in
regard to ambient noise and unnecessary, possibly
undesirable traffic in the neighborhood in late night
or early morning hours.
Steve Mazzuca, a Moorpark resident, stated that the
parcel is zoned for commercial development, this
project is beautiful, the applicant took the time to
poll the neighborhood, and he can support it with
refinements to the operating hours.
Jean Hilton, a Moorpark resident, spoke in support of
the project as a great convenience for those residents
of the mobilehome park who can no longer drive.
Martha Detlefsen, a Moorpark resident, spoke in
support of the project.
John Bartolotto, a Moorpark resident, spoke in support
of the project, especially the gas station with enough
employees on hand to assist handicapped individuals by
pumping their gas.
Darlene Sweet, a Moorpark resident, spoke in support
of the project and requested a "No Right Turn on Red"
from Campus Park Drive onto Collins Drive.
Tim Rosevear, a Moorpark resident, spoke in support of
the retail development with limited hours and without
the 24 -hour gas station; expressed concern about
strangers, transients, and criminals visiting the
site, possibly to buy liquor and cigarettes; requested
that there be no freeway signage to advertise the 24-
hour gas station if it is approved; requested traffic
signals where intersections are impacted; questioned
the air quality mitigation fee; and objected to the
odors generated by the fast food restaurant.
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Susan Nardi, a Moorpark resident, spoke in opposition
to the 24 -hour gas station with liquor sales;
expressed concerns regarding increased traffic in
close proximity to the park and school; described the
petition she circulated for those who do not want the
gas station; and expressed her disappoint in those
residents from outside the neighborhood who came to
speak in support of the project.
Steve Nardi, a Moorpark resident, spoke in support of
a mix of retail and office space use for the project;
expressed concern that constraints should be
considered to improve traffic safety in regard to
ingress /egress for the project; and requested
consideration for limiting the hours of operation. He
stated that if the gas station is approved, some
compromises for lighting, noise, fumes, and traffic
should be considered in order to preserve the
residential quality of the neighborhood.
Richard Schamber, a Moorpark resident, spoke in
support of the project.
Dan Shea, a Moorpark resident, stated his opposition
to the driveway on Collins Drive; provided a slide
presentation showing the need to relocate the traffic
signal control box to prevent blocking the view of
drivers approaching the project from the college;
requested a right -turn lane into the gas station;
suggested painting the wall at the corner in a neutral
shade to silhouette cars to make them more visible;
and recommended moving the public art piece to the
interior of the project to provide less distraction to
drivers.
Mariana Velasquez, a Moorpark resident, spoke in
support of the beautifully designed project as a
necessity in this area for convenience, creation of
jobs, and more tax dollars for the City.
Scott McGrath, a Moorpark resident, spoke in support
of the project; however, he expressed concerns
regarding the multiple decision points at the
intersection and suggested that left- and right -turn
arrows be included to stop traffic when pedestrians
are in the crosswalk at Campus Park and Collins
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April 2, 2003
Drives; and emphasized the need for the driveway on
Collins Drive.
Ted Martens, a Moorpark resident, spoke in support of
the project; identified the severe shortage of office
space in Moorpark; and stated that this project would
improve air quality since residents would not have to
drive as far for gas and groceries.
Joe Cavasino, a Moorpark resident spoke in support of
the project; stated that commercial zoning was
existing when the residents purchased their homes
adjacent to the site; the noise from the center will
not exceed that created by the passing trains; and
Moorpark needs to grow and expand services.
Roberta Sandor, a Moorpark resident, spoke in support
of the project as vital to sustain this neighborhood
by making gasoline, food, and other supplies
accessible during an emergency that prohibits access
to the main portion of the City.
Pat Carden, a Moorpark resident, spoke in support of
the project; however, he requested a different species
of tree other than Pine, due to hazards from tree sap.
Dr. Paul Gilmartin, a Moorpark resident, concurred
with many of the positive comments in support of the
project and stated that the developer is local and has
the same concerns as the residents.
AT THIS POINT in the meeting, Mayor Hunter declared a
recess. The time was 9:27 p.m. The meeting reconvened at
9:52 p.m.
Debbie Carden, a Moorpark resident, spoke in support
of the project.
Lynn Youngren, a Moorpark resident, spoke in support
of the center, including the 24 -hour gas station.
Jim Stueck, a member of the Moorpark Chamber of
Commerce, 484 E. Los Angeles Avenue, spoke in support
of the project with its needed services and tax
benefits. He stated that the driveway on Collins
Drive is necessary to make the center viable.
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Moorpark, California Page 10
April 2, 2003
Linda Toth, a Moorpark resident and business owner in
the Campus Park area, spoke in support of the project.
Rifaat Hijaz, a Moorpark resident, spoke in support of
the project.
Ramee Hijaz, a Moorpark resident, spoke in support of
the project.
Cheri Risley Bohnert, a Moorpark resident, spoke in
support of the project and concurred with suggestions
to relocate the traffic signal box, move the art work
to the interior, and keep the gas station as an anchor
for the complex.
C. Lina Santelli, a Moorpark resident, spoke in
support of the project and stated that she had
contacted the police department regarding accident
statistics at the intersection of Campus Park and
Collins Drives and learned that it is one of the
safest intersections in Moorpark.
Robert Brunner, a
project is not
attractive, safe,
built.
Moorpark resident,
a truck stop;
and a tax benefit,
stated that this
the project is
and it should be
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were 273 Written Statement cards submitted
in support of the project as proposed; 13 Written
Statement cards in opposition, and 7 Written Statement
cards marked as neutral. She stated that various
petitions have been received since the Council meeting
on March 5, 2003, with 185 signatures in support of
the project, 250 signatures, on two petitions, in
support of the project without the gas station, and 16
signatures asking to have their names removed from the
petition to eliminate the gas station.
Mr. Morehead stated that between March 12 to March
30th, over 360 signatures in support of the project
were collected; the noise from the freeway will drown
out any ambient noise from the project; those who are
against the gas station are actually against any
project for this site; and the location of the gas
station near a freeway mitigates its proximity to a
residential area.
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In response to Councilmember Parvin, Mr. Morehead
stated that they will have to return with a new
application for a use to replace the hotel previously
proposed for this site.
Mr. Hogan stated that the project will be built in one
phase; stamped Page 23 of the agenda report Item d.
should be corrected to show a base of $19,080 /acre for
the calculation of the traffic mitigation fee; and on
that same page, the date of commencement should
reflect the year 2004, instead of 2003. He requested
clarification on Council comments concerning changing
the impacts on the Air Quality to Potentially
Significant, which would require the preparation of an
Environmental Impact Report (EIR).
Mayor Hunter closed the public hearing.
A discussion followed among the Councilmembers
regarding the appropriateness of retaining the
gasoline service station.
Councilmember Harper stated that the project is well
designed and the architecture is the best of any
commercial development in Moorpark; he will not vote
to approve the project if it includes the gas station;
however, if the gas station is approved, it should be
configured to be less obvious and the hours limited;
and he is most concerned about those residents who
live the closest to the project.
Councilmember Mikos stated that if this project is
approved, the Council will have to make findings that
the proposal is not detrimental to health and is
compatible with the surroundings; the finding cannot
be made that a gas station is compatible with the
adjacent residential area and a park; and except for
the gas station, this is a gorgeous commercial center,
which is needed in the area.
Councilmember Millhouse stated that his comments
address the project as a whole; he disagrees with
Councilmembers Harper and Mikos; the applicant has
gone through the appropriate process for property
zoned for commercial use and it is disingenuous to
eliminate the gas station; staff has performed their
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Moorpark, California Page 12
April 2, 2003
job to improve the project by having undesirable
elements, like the hotel, removed; the project has
been addressed by experts to assure there will be no
contamination of the soil or ground water; the project
is well thought out; the entrance on Collins Drive is
necessary; he is in support of moving the traffic
signal box; the Planning Commission had a wise
solution to the hours of operation by revisiting them
in one year; and he is voting in favor because the
residents have overwhelmingly indicated that they want
the project.
Councilmember Parvin stated that she is on the
opposite side of Councilmember Mikos in regard to the
findings, as this project is consistent with the
provision of the General Plan and character of the
surrounding neighborhood; odors were not emphasized by
the public as being detrimental; the overwhelming
majority want the project; a 24 -hour operation seems
to be appropriate, so it is worth trying for a year;
she lives near the project and is familiar with the
traffic flow; the architecture is attractive; there
should be no difficulty in finding tenants; the City
can anticipate $170,000 in project revenue, which will
strengthen fiscal stability; there has been an
unprecedented effort on the part of the applicant to
acquire input from the residents; and this project
will make a beautiful gateway to this part of the
community.
Mayor Hunter stated that he is impressed with Mr.
Ghericke's architectural skill in designing this
beautiful center; he supports the project, which is
long over due for the residents in the area who need
these services; the proposal is economically viable to
the developer; it is pleasing to the residents who
seem to be proud of its design; it is adjacent to a
freeway onramp; and it appears that there is enough
Council support to approve the gas station, which has
been the biggest question.
A discussion followed among the Councilmembers
regarding the access on Collins Drive for
ingress /egress.
Mayor Hunter stated that he supports the egress/
ingress at the driveway on Collins Drive, which can be
Minutes of the City Council
Moorpark, California Page 13 April 2, 2003
tolerated at that intersection and is a necessity to
make the project work; the City can help make the
situation safer by using some of the speakers'
strategies; and he cautioned staff to ensure the
driveway is strategically placed.
Councilmember Millhouse stated that: he supports the
driveway on Collins Drive; it makes sense to move the
public art piece, relocate the traffic signal box, and
to make sure the shrubbery at the corner does not
obscure vision; and the suggestion for a left -turn
only arrow from Campus Park Drive to Collins Drive
should be studied.
Councilmember Mikos stated that she concurs with
Councilmember Millhouse regarding the art work, the
left -turn arrow from Campus Park Drive to Collins
Drive, the height of the shrubbery, and relocating the
traffic signal box. She went on to state she supports
ingress -only into the center on Collins Drive and
concurs that the driveway is necessary for the success
of the center, but without egress.
A discussion followed between the Council and staff,
which focused on eliminating egress out of the center
onto Collins Drive; consideration for installing a red
turn arrow for westbound traffic and whether there
would be enough room for stacking at peak traffic
hours; the condition that addresses changes to the
traffic signals and a potential dual left turn lane
study; the cost of moving the traffic signal box; a
possible compromise to build the driveway for both
ingress /egress capabilities with the understanding
that if staff determines it causes conflicts in
turning movements either one or both ingress /egress
would be eliminated; and a suggestion that the
driveway be constructed to accommodate both
ingress /egress and that other traffic control measures
be at the discretion of the City Engineer.
Councilmember Parvin stated that there is a similar
ingress /egress configuration at an intersection in
Westlake Village, which has proved to be successful;
and she believes intelligent people will adapt to the
changes at this corner.
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ril 2, 2003
Mr. Kueny suggested that if the Council's decision is
to allow the compromise proposal to construct the
ingress /egress driveway on Collins Drive, a condition
should be added, that based upon a traffic study and
an accident history over a three -year period, the
Council would revisit this configuration to determine
if they need to alter the decision. He went on to
state that this option would require a provision of
surety by the developer for that limited period.
Councilmember Mikos agreed that is a good idea to
include the option since the safety issue is of major
concern.
Councilmember Harper cautioned that the accident
history does not reflect the true picture since many
fender - bender accidents go unreported.
Councilmember Millhouse concurred with the option as
long as the decision returns to the Council.
A discussion followed among the Councilmembers
regarding the curb cuts on Campus Park Drive.
Councilmember Harper stated that if the building were
reversed, one curb cut could be eliminated, otherwise
there would have to be two cuts.
Councilmember Millhouse stated he defers to the
decision made by the Planning Commission for the
placement of the gas station and the curb cuts.
Councilmember Parvin stated she prefers the original
plan and would not reverse the gas station.
Councilmember Mikos stated that she is opposed to the
gas station; however, if it remains, she would be in
favor of turning it, which would require changing the
building elevations; and if the station stays where it
is, she would agree that the driveways make sense.
Mr. Hogan stated that staff has conditioned the
project for an on -site left turn lane at the center
driveway to avoid stacking.
CONSENSUS: It was the consensus of the Council to agree
with the Planning Commission's recommendation for the
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April 2, 2003
driveway locations; the question of liquor sales is not
part of this application; there is wisdom in the moving the
signal box to a location to be determined by staff and to
be paid for by the developer; the art in public places will
be moved to an interior position; and that a Sign Program
for the project will be brought back to the Council for
approval.
A discussion followed among the Councilmembers
regarding the hours of operation.
Councilmember Mikos stated that in considering all of
the email, letters, phone calls, and testimony
received, she is certain the residents do not want a
24 -hour operation, which she also feels is
inappropriate for the area and should not be
implemented, even on a trial basis.
Councilmember Harper echoed Councilmember Mikos and
stated that a petition signed by 234 residents is in
opposition to having the gas station at all, let alone
having it operate for 24- hours; and it is questionable
that there would be much demand for those hours.
Councilmember Parvin stated that she could vote either
way on the 24- hours; she is confident that the
Moorpark Police Department is competent in regard to
taking care of any possibility of crime due to
extended hours; and will base her decision on the fact
that the Planning Commission was willing to give 24-
hours a try.
Councilmember Millhouse stated that only two of the
speakers in support of the project brought up the 24-
hour issue; residents in favor of the gas station, as
proposed, did not mention the 24- hours; he concurs
with Councilmember Parvin that the Planning Commission
is willing to give it a try for a period of time; and
if the Council decides to limit the hours, he would be
in favor of 5:00 a.m. to 11:00 p.m.
In response to Councilmember Mikos, Captain Diaz named
several 24 -hour gas stations in the city.
Councilmember Mikos stated that the 24 -hour gas
stations are located along the main commercial
corridor of the City where you would expect extended
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ril 2, 2003
hours, but it would not be expected to find one in a
neighborhood across from a park. She stated she would
rather wait to see if the business is adversely
affected before granting the 24- hours.
Mayor Hunter stated that it is important not to
overlook the needs of the residents in this area; it
would seem reasonable to place some restrictions on
the hours of operation, which would also ensure that
there is no need for any freeway signage; it would
seem 5:00 a.m. to midnight would be reasonable; and
then after 12 months, the applicant could petition the
City Council for a 24 -hour operation.
Councilmember Harper stated he cannot imagine living
in close proximity to the noise created by the stop
and start of vehicles frequenting a 24 -hour gas
station for the convenience of freeway travelers. He
stated that he believes the residents would become
accustomed to limited hours and visit the station when
it is open.
Mayor Hunter stated that the Council should not
overlook the residents in the community who will be
served by this center. He therefore proposed, that
for the benefit of these adjacent residents, there
should be some reasonable limit to the hours of
operation. He further stated that this same reasoning
should be used in the future, when determining the
signage for this center, meaning there should be no
need for freeway- oriented signage.
A brief discussion followed among the Councilmembers
and staff regarding different hours of operation for
consideration.
CONSENSUS: It was the consensus of the Council that
operating hours for the entire center be 5:00 a.m. to
midnight with the acknowledgement that the applicant has
the right to petition the Council to reconsider a 24 -hour
operation after a 12 -month period.
Discussion followed between the Councilmembers and
staff regarding whether the Council desired to make
adjustments to the Initial Study in regard to the
impacts of odors and noise.
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Mr. Hogan stated that a mitigating measure could not
be applied in the category of Air Quality due to the
fact that a finding could not be made regarding
exposure to sensitive receptors. He went on to
present the changes to conditions of approval and the
mitigation monitoring measure required in order to
accomplish moving from the category in the Initial
Study of Less Than Significant Impact to Less Than
Significant Impact with Mitigation for the issues of
odor and noise.
Councilmembers Harper and Mikos were in favor of
making the changes to the Initial Study to protect the
neighborhood by utilizing all available methods to
minimize the impacts of odor and noise.
Councilmembers Millhouse, Parvin and Mayor Hunter
concurred that it was not necessary to change the
category on the Initial Study from Less Than
Significant Impact to Less Than Significant Impact
with Mitigation, as the conditions of approval and
other recourse, such as Code Enforcement, are
available if violations or abuse occur.
In response to Mayor Hunter, Mr. Morehead confirmed he
has reviewed and is in agreement with the proposed and
revised conditions.
MOTION: Councilmember Parvin moved and Councilmember
Millhouse seconded a motion to: 1) Adopt the proposed
Negative Declaration as sufficient environmental
documentation; and 2) Adopt Resolution No. 2003 -2071,
approving Commercial Planned Development Permit No. 2000 -04
and Tentative Parcel Map No. 5264, as amended, to: add a
condition that based upon a traffic study and an accident
history over a three year period, the Council will revisit
the driveway configuration on Collins Drive to determine if
they need to reconsider the decision; relocate the public
art piece to the interior of the site subject to approval
by the Council; relocate existing or proposed traffic
signal poles and controller boxes at the southwest corner
of the Campus Park Drive /Collins Drive intersection, which
create any sight distance concerns, to a location to be
determined by staff and to be paid for by the developer;
provide a raised median on Collins Drive to preclude left -
turns into the site; and limit the hours of operation for
the entire center to be open from 5:00 a.m. to midnight.
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The motion carried by roll call vote, 3 -2, with
Councilmembers Harper and Mikos dissenting.
AT THIS POINT in the meeting, Mayor Hunter declared a recess at
11:47 p.m. The meeting reconvened at 11:57 p.m. and the Mayor
announced that the time for reordering the agenda has arrived.
It was the consensus of the Council to continue with no changes
to the agenda.
B. 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 (Assessor Parcel No. 511- 0 -070-
55). (Continued from March 19, 2003, public hearing
open). Staff Recommendation: 1) Accept public
testimony and close the public hearing; 2) Adopt the
proposed Negative Declaration as sufficient
environmental documentation; and 3) Adopt Resolution
No. 2003 -2072 approving Industrial Planned Development
Permit No. 2000 -10.
Mr. Montes announced that Item 8.B. on the agenda
would be discussed in closed session as facts and
circumstances creating significant exposure to
litigation, which facts and circumstances are known to
potential plaintiffs, consisting of entitlements and
issues pertaining to a dispute over the interpretation
of the City's General Plan with regard to application
to this item.
MOTION: Councilmember Harper moved and Councilmember
Millhouse seconded a motion to go into closed session to
discuss Item 8.B. The time was 11:59 p.m.
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.
The meeting reconvened into open session at 12:03 a.m.
April 3, 2003.
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Mr. Montes reported that the Council has approved a
Settlement Agreement with Asadurian Investments
Corporation with regard to Item 8.B.; the approval is
contingent upon the Council's subsequent approval of
this project; the agreement executed by Asadurian
resolves certain issues concerning processing and
interpretation of General Plan issues; and requires
payments by Asadurian to the City, pursuant to a
schedule set forth in the agreement.
Mayor Hunter repeated the project title of Item 8.B.
for the record.
Mr. Hogan gave the staff report.
Mayor Hunter announced that the public hearing remains
open.
Monte L. Widders, Myers, Widders, Gibson, Jones &
Sneider, LLP, 5425 Everglades Street, Ventura,
representing the applicant, stated that the applicant
concurs with the staff recommendation.
Mayor Hunter closed the public hearing.
MOTION: Councilmember Harper moved and Councilmember
Millhouse seconded a motion to: 1) Adopt the proposed
Negative Declaration as sufficient environmental
documentation; and 2) Adopt Resolution No. 2003 -2072
approving Industrial Planned Development Permit No. 2000-
10. The motion carried by roll call vote, 4 -1, with
Councilmember Parvin dissenting.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Approval of the Selection of a Consultant to
Provide Design and Environmental Review Services
Required for the Construction of the Moorpark Avenue
Widening Project (Project 8040), and the Adoption of a
Resolution Revising the Amount of the Funding for
Project 8040. Staff Recommendation: 1) Approve
selection of Tetra Tech to provide design and
environmental clearance services for the subject
project; 2) Authorize the City Manager to negotiate
and execute a contract for said services; and 3) Adopt
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April 2, 2003
Resolution No. 2003 -073 amending the Fiscal Year
2002/2003 Budget to revise the amount of the funding
for Project 8040. ROLL CALL VOTE REQUIRED
Mr. Gilbert gave the staff report.
Colin Velazquez, a Moorpark resident, stated that it
is premature to spend $355,000 before a CEQA study is
performed.
In response to Mayor Hunter, Mr. Kueny stated that
this is the beginning of the conceptual work and an
appropriate environmental review will be conducted as
necessary pursuant to the law.
In response to Mr. Velazquez' restated concern that
the money is being spent before CEQA, Mayor Hunter
stated that it will not be known what to study
environmentally until the project is identified.
In response the Councilmember Harper, Mr. Kueny stated
that they do not need a 10% contingency at this time,
since it is multi - phased design study and staff would
return to Council if additional funds are needed.
In response to Councilmember Millhouse, Mr. Velasquez
stated that he did have a concern with Councilmember
Millhouse participating on this item.
Councilmember Millhouse stated that due to the
potential for a perceived conflict of interest, he
would step down from the dais, as a precaution, to
reassure Mr. Velazquez that he has no impact on this
item, as in the past Mr. Velazquez has raised concerns
relating to an issue where Councilmember Millhouse had
defended a tenant in a lawsuit, which resulted in a
settlement with Mr. Velazquez.
AT THIS POINT in the meeting, Councilmember Millhouse left the
dais. The time was 12:11 a.m. April 3, 2003.
MOTION: Councilmember Harper moved and Councilmember
Parvin seconded a motion to: 1) Approve selection of Tetra
Tech to provide design and environmental clearance services
for the subject project; 2) Authorize the City Manager to
negotiate and execute a contract for said services; and 3)
Adopt Resolution No. 2003 -2073 amending the Fiscal Year
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April 2, 2003
2002/2003 Budget to revise the amount of the funding for
Project 8040. The motion carried by roll call vote, 4 -0,
with Councilmember Millhouse absent.
AT THIS POINT in the meeting, Councilmember Millhouse returned
to the dais. The time was 12:12 a.m. April 3, 2003.
10. CONSENT CALENDAR:
MOTION: Councilmember Harper moved and Councilmember Mikos
seconded a motion to approve the Consent Calendar with the
exception of Items 10.C. and 10.G., which were pulled for
individual consideration. The motion carried by unanimous roll
call vote.
A. Consider Approval of Minutes of Regular Meeting of
February 6, 2002.
Consider Approval of Minutes of Regular Meeting of
February 19, 2003.
Consider Approval of Minutes of Regular Meeting of
March 5, 2003.
Staff Recommendation: Approve the minutes.
B. Consider Approval of Warrant Register for Fiscal Year
2002 -2003 - April 2, 2003.
Manual Warrants 112253 - 112257 & $ 6,426.68
Voided Warrant 112358 $ 0.00
Payroll Liability 112346 - 112352 $ 8,030.11
Warrants
Regular Warrants 112258 - 112345 $ 59,352.50
112353 - 112390 $ 639,888.62
Staff Recommendation: Approve the warrant register.
D. Consider Resolution Authorizing the Submittal of a
Ventura County Area Agency on Aging (VCAAA) Grant
Application for Senior Center Support, Health
Promotion Services, and Elder Rights Protection
Activity Funds and Authorizing City Manager to Sign
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All Related Agreements. Staff Recommendation: Adopt
Resolution No. 2003 -2074.
E. Consider Resolution Providing Authority for Staff to
Enforce Provisions of the Moorpark Municipal Code and
Certain Provisions of State Statutes for the Purpose
of Implementing City Animal and Vector Control
Policies and Programs. Staff Recommendation: Adopt
Resolution No. 2003 -2075.
F. Consider the Release of Construction Bond for Buildin
600 at 14370 White Sage Road, Special Devices,
Incorporated (SDI) (Industrial Planned Development No.
1995 -02). Staff Recommendation: Direct staff to
release the bond for the completion of Building 600
(Bond #083SB103616810BCM).
The following items were pulled for individual
consideration:
C. Consider Support for Assembly Bill (AB) 773 Concerning
the Ventura County Transportation Commission (VCTC)
Membership. Staff Recommendation: Express support
for AB 773 and direct staff to communicate the
Council's position to the Ventura County
Transportation Commission.
Councilmember Mikos stated that she had this item
pulled so that that the Council could discuss the
importance of including in the letter to the VCTC,
support for retaining public member participants who
contribute unique perspective as voters.
Councilmember Millhouse suggested that if the Council
wishes to retain the public member participation it
would be best to make sure the majority of other
cities also support this position. He stated that
regardless, the city needs to support AB 773 since it
is important to have unanimous support at the state
level.
Mayor Hunter suggested including a preference to
retain at least one public member.
Mr. Kueny suggested that to avoid sending a mixed
message, the preference for a public member should not
be included in the letter and instead, empower
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Councilmember Millhouse and Mayor Hunter to represent
this position if it is also the majority will of the
other cities
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
MOTION: Councilmember Mikos moved and Councilmember
Millhouse seconded a motion to express support for AB 773
and communicate the Council's position to the Ventura
County Transportation Commission with empowerment to Mayor
Hunter and Councilmember Millhouse to represent a position
to support retaining public member(s) on the Commission if
the majority of cities concur. The motion carried by
unanimous voice vote.
G. Consider Directing Staff to Record Parcel Map No. 5426
Subdividing Property at the Northwest Corner of Spring
Road and Flinn Avenue. Staff Recommendation: Direct
staff to have Parcel Map 5426 recorded.
Councilmember Mikos stated that she had requested this
item be pulled so that the public would be made aware
that the Flynn Road property has a parcel which
provides for a temporary location for the Moorpark
Food Pantry run by Catholic Charities.
Mr. Riley stated that the arrangements have been made
for the temporary building, donation of the moving
costs, and other monetary donations.
Councilmember Millhouse applauded Mr. Riley for his
efforts in bringing this about.
MOTION: Councilmember Mikos moved and Councilmember
Millhouse seconded a motion to direct staff to have Parcel
Map 5426 recorded. The motion carried by unanimous voice
vote.
11. ORDINANCES:
None.
12. CLOSED SESSION:
Mr. Kueny requested that the City Council go into closed
session for discussion of Items 12.C. and 12.D.
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MOTION: Councilmember Harper moved and Councilmember Mikos
seconded a motion to adjourn to closed session for a discussion
of Items 12.C. and 12.D. on the agenda. The motion carried by
unanimous voice vote. The time was 12:20 a.m., April 3, 2003.
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: (APN 512 -0- 062 -030 & 512 -0- 062 -040)
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Milton
Minor
Under Negotiation: Price and terms of payment
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: (APN 512 -0- 093 -008)
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Benjamin
Duarte
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 12:30 a.m.,
April 3, 2003. Mr. Kueny stated that Items 12.C. and 12.D.
were discussed and that there was no action to report.
13. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 12:30 a.m., April 3,
2003, in honor of the U.S. military serving in Iraq.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk