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HomeMy WebLinkAboutAGENDA REPORT 2003 0702 CC REG ITEM 10AE ISM U. A. of 7- a aO o3- 7 0A a MINUTES OF THE CITY COUNCIL Moorpark. California February 27. 2002 A Special Meeting of the City Council of the City of Moorpark was held on February 27, 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 6:39 p.m. 2. INVOCATION: Reverend Michael Sezzi from Holy Cross Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Pro Tempore Mikos led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers, Mikos, Millhouse, Wozniak (arrived at 7:11 p.m.), and Mayor Hunter. Absent: Councilmember Harper Staff Present: Steven Kueny, City Manager; Bradley Wohlenberg, Assistant City Attorney; Hugh Riley, Assistant City Manager; Ken Gilbert, Public Works Director; Dana Shigley, Administrative Services Director; Mary Lindley, Community Services Director; Walter Brown, City Engineer; Captain Robert LeMay, Sheriff's Department; Deborah Traffenstedt, Acting Community Development Director/ Assistant to City Manager /City Clerk, and La -Dell VanDeren, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: None. Minutes of the City Council Moorpark, California Paqe 2 February 27, 2002 6. PUBLIC COMMENT: Ms. Traffenstedt stated that there was one speaker card for a Corey Kutler. Mr. Kutler was not present when called. Mayor Hunter stated that they would take Public Comment later in the meeting, if Mr. Kutler returned. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Millhouse stated that he had seen Mr. Kutler prior to the start of the meeting where he had related the issues regarding confusion in the Municipal Code concerning signage. Councilmember Millhouse suggested that the Planning Commission look at the code regarding what is permitted for advertising, especially for new businesses. AT THIS POINT in the meeting, Public Comments were taken, as Mr. Kutler had returned to the meeting. Corey Kutler, representing Great Clips for Hair, 551 W. Los Angeles Avenue, spoke about his recent experience with Code Enforcement due to a violation in the temporary signage for his new business; the confusion in the Municipal Code regarding the use of balloons and roof top signs for advertising; and his need for a 60 -day temporary sign permit. Mayor Hunter directed staff to bring a Resolution back to the Council for consideration, asking the Planning Commission to study the temporary sign matter and a Box Item memo to the Council with staff's response to the issues raised by Mr. Kutler. 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 tom' Minutes of the City Council Moorpark, California Paae 3 February 27, 2002 Ordinance Amendment No. 2001 -03). (Continued Open Public Hearing from City Council meeting of February 6, 2002). Staff Recommendation: 1) Take public testimony and close public hearing; 2) Waive full reading and introduce Ordinance No. 278 for first reading; and 3) Direct staff to schedule second reading and adoption of the Ordinance No. 278 for March 6, 2002. Ms. Traffenstedt gave the staff report. In response to questions from Council, Ms. Traffenstedt stated that an Administrative Permit would only be allowed for pre- approved locations and only and under a separate process designated in the Ordinance; the only difference between the Administrative Permit process and the Conditional Use Permit (CUP) process is who is the decision - making body; and that additional language will be included in the agenda report on stamped Page 49, No. 7, to indicate that the radio - frequency report will include signal strength exhibits with calculations including measurements under maximum loading conditions. Mayor Hunter announced that the public hearing remains open. Gregory W. Sanders, attorney representing Sprint PCS, 18101 Von Karman Avenue, Suite 1800, Irvine, CA, stated that Sprint continues to support the adoption of this Ordinance. Hugh J. Finlay, a Moorpark resident, stated that he represents the residents of his Homeowners Association and read a prepared statement expressing their concerns about the definitions of Major and Minor facilities; that the 200 -foot setback should be changed to a 300 -foot setback; that aspects of the Santa Barbara County wireless communications Ordinance soon to be adopted should be incorporated into this Ordinance; and this Ordinance should be standardized with the regulations of Ventura County, which has telecommunication sites just beyond Moorpark's city limits. He presented the Council with copies of the prepared statement. Minutes of the City Council Moorpark, California Pacae 4 February 27, 2002 Mayor Hunter asked the City Attorney to provide follow up after reviewing the document more thoroughly. Tony Banducci, a Moorpark resident, spoke on behalf of over 60 residents and expressed their desire that the setback requirement be changed to 300 -feet; their support of the minor issues raised by the engineers; and their support to adopt this Ordinance with correction of those issues. Robert Demyan, a Moorpark resident, concurred with Mr. Banducci's comments; requested information on who are the participants in the peer review committee for the reports submitted by an applicant; expressed concern regarding screening and visual impact of the sites; and referred the Council to the City of Simi Valley's Ordinance No. 986 dealing with design elements in regard to landscape guidelines for wireless communication installations. Tony Geivet, a Moorpark resident, spoke in support of the Ordinance; questioned whether the 200 -foot setback requirement is sufficient; asked if the Peach Hill Reservoir site is considered a Major or Minor facility; inquired how it can be prevented from becoming a Minor facility for use as an antenna farm; asked if any of the permits issued for the Peach Hill Reservoir site are exempt; inquired about what assurances are provided to allow the public to speak to the issue of Minor sites, which exceed the height requirements; and emphasized that the public should be allowed to comment on Major and Minor facilities in proximity to their private properties. In response to Mayor Hunter, Mr. Wohlenberg stated that he has completed his examination of the document presented earlier in the meeting by Mr. Finlay. He stated that the 200 -foot setback is the City's requirement for all "other structures "; in regard to visual impact, it would be difficult to differentiate between wireless uses and any other uses; and there are other visual impact controls in the Ordinance regarding camouflage. He further stated that since no NNother structures" are restricted, it would be possible for wireless carriers to argue, that since there is no visual reason to support the greater setback, a greater restriction in setback must be Minutes of the City Council Moorpark, California Paae 5 February 27, 2002 because of health, safety, and comfort reasons, which is against Federal Communications Commission (FCC) regulations; no other city he deals with has a 300 - foot setback limit; and some cities approaching build - out in more urban areas, have even less of a restriction. In response to Mayor Hunter, Mr. Wohlenberg stated that the definitions for Major and Minor facility are based on the type of facility mount that is being used as it relates to the visual impact. He cited an example of a Minor installation to be one incorporated on an existing utility pole, which would be less noticeable, as opposed to a more visible, stand -alone monopole, which would be considered a Major facility. He went on to state that determining Major vs. Minor in terms of consumption of power is within the FCC's jurisdiction, not the City's. In response to Mayor Hunter, Ms. Traffenstedt stated that the County of Ventura does not have a specific setback requirement for a wireless facility. In response to Councilmember Mikos, Mr. Wohlenberg stated that the wireless industry can monitor its own facility; however, there would not be the capability of monitoring someone else's facility. He went on to state that in a colocated facility, he believes the City can negotiate a joint survey by notifying all users of the standards to be met, with the cost of the survey divided between them, and one report issued. In response to Mayor Hunter, Mr. Wohlenberg stated that the City would be still be consistent by tracking individual installations in a colocated facility using the Federal Radio Frequency (RF) emission standards at a single facility for a single user. In response to Councilmember Mikos, Mr. Wohlenberg stated that an amendment to the Ordinance could be drafted if later determined to be necessary to address the cumulative effect of a colocated facility in regard to the federal standards. In response to Mayor Hunter, Mr. Wohlenberg stated that the limit of one field study in a 24 -month period Minutes of the City Council Moorpark. California Paae 6 February 27. 2002 resulted from a compromise between staff's request for 12- months and the industry's request for 36- months. Councilmember Millhouse stated that the carriers are on notice that if there is a huge cumulative effect, it will not be acceptable; he concurs with the Assistant City Attorney that an amendment could be considered at a later date if it is determined to be necessary in dealing with the cumulative affects; and he would rather move forward with approval of the Ordinance. Councilmember Mikos stated that the 24 -month period seems acceptable for dealing with the concern of the cumulative effects when additional installations are added to one site. In response to Councilmember Mikos, Mr. Wohlenberg stated that the Council could move forward with approval of the Ordinance as it is and direct staff to study the issue of cumulative effect and whether there is a need for an amendment to the Ordinance. In response to Mayor Hunter, Ms. Traffenstedt stated that the peer review committee refers to contract staff who would review certain components of an application dealing with their expertise, such as an RF expert under contract with the City who would be consulted to see if they concur with the conclusions in the report. In response to Mr. Kueny, Mr. Wohlenberg stated that the definition of colocation or colocated means the location of multiple antennas, which may be owned or operated by one or more service providers, at single or adjacent parcels or lots, and may or may not be mounted to a common supporting structure wall or building. In response to Mayor Hunter, Mr. Wohlenberg stated that he is satisfied with the definitions for Minor Facility and Major Facility. Mayor Hunter closed the public hearing. Ms. Traffenstedt introduced Ordinance No. 278 for first reading. fir •., �� � _, `� Minutes of the City Council Moorpark, California Paae 7 February 27. 2002 MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to waive further reading of Ordinance No. 278. The motion carried by a vote 4 -0, Councilmember Harper absent. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to declare Ordinance No. 278 introduced for first reading. The motion carried by a vote 4 -0, Councilmember Harper absent. Mayor Hunter confirmed that the second reading of the Ordinance would occur on March 6, 2002; the effective date would be 30 days after the second reading, and the moratorium would expire on that effective date. B. Consider Commercial Planned Development Permit No. 2001 -01 for Construction of a 357,621 Square Foot Commercial Center, and Vesting Tentative Tract Map No. 5321 for Subdivision of Approximately 29 Acres into Eight Lots on Property Located South of Los Angeles Avenue and East of Miller Parkway, on the Application of Zelman Retail Partners, Inc. Staff Recommendation: Open the public hearing, accept public testimony, and continue the item, public hearing open, to March 6, 2002. Mr. Kueny deferred presentation of the staff report. Mayor Hunter opened the public hearing. Robert Exel, representing Zelman Retail Partners, 515 South Figueroa, Suite 1230, Los Angeles, CA, requested that this item be continued to the meeting of March 6, 2002, to allow the applicant to finalize the review of the conditions of approval and to provide better exhibits. He introduced Lloyd Laycook, consultant from Laycook & Associates, as available for questions. Ruth Fritkin, a Moorpark resident, emphasized the need to make this center, which is visible from both State Routes 23 and 118, a shopping attraction such as the Commons in Calabasas and the Promenade in Thousand Oaks, because the city of Moorpark cannot afford another retail failure. Minutes of the City Council Moorpark, California Page 8 February 27, 2002 Bryce Eddy, a Moorpark resident, representing several families in the Serenata Communities, stated that this is an opportunity to build a great town center. He spoke in opposition to the type of retail stores selected for the center. MOTION: Councilmember Wozniak moved and Councilmember Mikos seconded a motion to continue this item to March 6, 2003, with public hearing open. The motion carried by a voice vote 4 -0, Councilmember Harper absent. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Elimination of the Eastbound Right -Turn Lane at Spring Road from the Concept Design for the Widening of Los Angeles Avenue Between Spring Road and Moorpark Avenue [Project 8013]. Recommendation: Direct staff to proceed with a project design which does not include a right -turn lane for eastbound traffic at Spring Road. Mr. Gilbert gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Wozniak moved and Councilmember Mikos seconded a motion for staff to proceed with the Concept Design for the Widening of Los Angeles Avenue between Spring Road and Moorpark Avenue, which does not include a right -turn lane for eastbound traffic at Spring Road. The motion carried by a voice vote 4 -0, Councilmember Harper absent. 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Mikos seconded a motion to approve the Consent Calendar. The motion carried by a roll call vote 4 -0, Councilmember Harper absent. A. Consider Approval of Minutes of Regular Meeting of September 5, 2001. Staff Recommendation: Approve minutes as processed. I I 0 n Minutes of the City Council Moorpark, California Paae 9 February 27, 2002 B. Consider Approval of Warrant Register for Fiscal Year 2001 -2002 - February 20, 2002. Manual Warrants 108404 - 108410 Voided Warrants 105528 Pentamation 108543 (additional remittance copy) Payroll Liability 108411 - 108419 Warrants $261,545.43 $ (85.10) $11,166.13 Regular Warrants 108420 - 108531 & $31,702.01 108532 - 108577 $859,015.60 Staff Recommendation: Approve the warrant register. C. Consider Authorizing the Use of $217,000 in Community Development Block Grant (CDBG) Affordable Housing Funds for Property Acquisition (6479 Penn Avenue, #B). Staff Recommendation: 1) Adopt Resolution No. 2002- 1947, authorizing the acquisition of 6479 Penn Avenue, Unit #B, Moorpark, California 93021 with CDBG Affordable Housing funds and the re -sale of same, with deed restrictions consistent with HUD requirements, to a qualified low income household, and 2) Direct the City Clerk to accept an interest in the real property which is the subject of the agenda report. D. Adopt a Budget Amendment Resolution and Confirm Contract Authorization for Repairs to the Apricot Room at the Community Center. Staff Recommendation: Adopt Resolution No. 2002 -1948, amending the FY 2001/02 budget by transferring $147,000 from the General Fund Reserve to the Facilities expenditure budget (1000.7620), and confirm the City Manager's approval of an agreement between the City and Alan Bornstein Construction for repairs to the Apricot Room at the Community Center at a cost not to exceed $134,220. (ROLL CALL VOTE REQUIRED) 12. ORDINANCES: None. Minutes of the City Council Moorpark, California Paqe 10 February 27, 2002 13. CLOSED SESSION: Mr. Kueny announced that the Council would be going into Closed Session to discuss Item 13.F. MOTION: Councilmember Wozniak moved and Councilmember Mikos seconded a motion to adjourn to Closed Session for discussion of Item 13.F. The motion carried by voice vote 4 -0, Councilmember Harper absent. The time was 7:45 p.m. F. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, Assistant to City Manager /City Clerk, City Manager, City Attorney, City Engineer, Chief of Police, Director of Administrative Services, Director of Community Development, Director of Community Services, and Director of Public Works. Present in closed session were Councilmembers Mikos, Millhouse, Wozniak, and Mayor Hunter; Steven Kueny, City Manager; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 8:29 p.m. Mr. Kueny stated that Item 13.F. was discussed and that there was no action to report. 14. ADJOURNMENT: Mayor Hunter adjourned the meeting at 8:29 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk -- v' -L tiJ ' "t MINUTES OF THE CITY COUNCIL Moorpark, California July 17, 2002 A Regular Meeting of the City Council of the City of Moorpark was held on July 17, 2002, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:47 p.m. 2. INVOCATION: Pastor Tony Amatangelo, from Life Spring Community Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: John Newton, a Moorpark resident and businessman, led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Mikos, Millhouse, and Mayor Hunter Absent: Councilmembers Harper and Wozniak Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Mary Lindley, Director of Community Services; Dana Shigley, Director of Administrative Services; Barry Hogan, Director of Community Development; Walter Brown, City Engineer; Captain Robert LeMay, Sheriff's Department; John Brand, Senior Management Analyst; Nancy Burns, Senior Management Analyst; John Hartnett, Recreation Superintendent; Deborah Traffenstedt, Assistant to City Manager/ City Clerk; and Blanca Garza, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Recognition of Moorpark Boys and Girls Club Youth of the Year. of Minutes of the City Council Moorpark, California Paae 2 July 17, 2002 Mayor Hunter stated that this recognition will be rescheduled to a future City Council meeting. B. Ventura County Fair Poster Presentation. Roger Gibbs, CEO and General Manager of Seaside Park, provided a presentation highlighting the features of Seaside Park and the Ventura County Fair. He presented the Council with a 2002 Ventura County Fair poster. C. City Manager's Monthly Report. Mr. Kueny stated that Hugh Riley, Assistant City Manager, would present the report. Mr. Riley provided an update of various activities occurring within the City including: the design process for the Police Services Center; the continuing design activity for the Fire Station facility and Ventura County Board of Supervisor's approval of the agreement for the property exchange for this facility; the completion of a Request For Proposal (RFP) document for architectural design services for the Public Works and Parks Department corporation yard facility to be located at the end of Fitch Avenue; preparation of an RFP for design services for the new City Hall facility; the acquisition of the Mobilehome Park and initiation of the relocation of the residents; and an application filed with the State by the County of Ventura and by the California Highway Patrol requesting funds to increase the operating hours for the existing State Route 118 truck inspection station west of the City. Mr. Riley reported that Adelphia has filed for bankruptcy, which has halted franchise renewal negotiations and the rebuilding construction of the system; local company officials are hopeful that the rebuilding can resume, which will allow addition of new services to the system; and the City is maintaining a list of incomplete items in the City's right -of -way, to take action if necessary. Mr. Riley also stated that the installation of the new video equipment at City Hall is complete and that Minutes of the City Council Moorpark, California Page 3 July 17, 2002 Government Channel 10 graphics improvements are underway; the City's Building Department is experiencing a marked increase in voluntary compliance by residents relative to Code Enforcement requirements; Country Days event planning is progressing for the scheduled date of September 18; and Southern California Edison has successfully tested a comprehensive notification system to ensure cities will have notice in the event of power outages. In response to Councilmember Millhouse, Mr. Riley stated that traffic signal battery backups to be used in the event of a power outage have been installed, except on the State Highways that traverse the City. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:01 p.m. The City Council reconvened at 7:08 p.m. 6. PUBLIC COMMENT: Pastor Tony Amatangelo, a Moorpark pastor, thanked the City Council and City staff for the July 3rd celebration. Mayor Hunter also complimented City staff on the success of the July 3rd event. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Ms. Lindley requested that Item 11.F. be pulled from the Consent Calendar for individual discussion. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos stated that she wants the Council to consider a future agenda item to discuss modification of the Zoning Code to define more clearly what constitutes a Minor Modification versus a Major Modification and what criteria triggers which type of modification. In response to Councilmember Millhouse, Mr. Kueny recommended that this item be brought to the City Council first for discussion and then forwarded to the Planning Commission, with appropriate direction, if the Council so determines. Minutes of the City Council Moorpark, California Page 4 July 17, 2002 9. PUBLIC HEARINGS: A. Consider the Adoption of Ordinance No. 283, an _Ordinance of the City Council of the City of Moorpark, California, Amending the Moorpark Municipal Code by Revising Chapter 3.36, Article III, Section 200, Relative to the Definition of Library Facilities. Staff Recommendation: 1) Open the public hearing, receive testimony, and close the public hearing; 2) Direct the second reading of Ordinance No. 283 and adopt Ordinance No. 283 as read. Ms. Lindley gave the staff report. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no public speakers. Councilmember Mikos stated, for clarification to the general public, that this ordinance does not increase the Library Facilities Fee, but does establish a broader definition of the purposes for which those funds can be expended. She stated that if this ordinance is adopted, it will allow for collected funds to be used for capital improvements as well as for books and will make it easier to improve the library in the future. Mayor Hunter closed the public hearing and requested second reading of the ordinance. Mr. Montes read the title of Ordinance No. 283. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to waive further reading of Ordinance No. 283. The motion carried by voice vote 3 -0, Councilmembers Harper and Wozniak absent. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to declare Ordinance No. 283 read for the second time and adopted as read. The motion carried by voice vote 3 -0, Councilmembers Harper and Wozniak absent. rA A- �'--,- Minutes of the City Council Moorpark, California Page 5 July 17, 2002 B. Consider Tax Equity Fiscal Responsibility Act ( TEFRA) Hearing Related to Vintage Crest Senior Apartments (GPA 2002 -01, ZC 2002 -01, RPD 2002 -02), on Application by USA Properties Fund, Inc. Staff Recommendation: 1) Open the Public Hearing and accept testimony from the public; 2) Close the public hearing; and 3) Approve a motion that the TEFRA requirements of the Internal Revenue Code have been met and public comments have been duly recorded. Ms. Burns gave the staff report. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no public speakers. Mayor Hunter closed the public hearing. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded the motion to approve that the TEFRA requirements of the Internal Revenue Code have been met and public comments have been duly recorded. The motion carried by voice vote 3 -0, Councilmembers Harper and Wozniak absent. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Presentation by County of Ventura Elections Staff Reaardina Recruitment of Election Officers. Ms. Traffenstedt introduced Leah Braitman, from the County of Ventura Elections Division, as the presenter for this item. Ms. Braitman explained the process of election volunteer recruitment and thanked the Moorpark volunteers who served during the primary election on March 5, 2002. She stated that Moorpark has eighteen voting precincts and over seventy volunteers are required to staff the polls in these precincts. She stated that an informational presentation is scheduled for August 1, 2002 at 6:30 p.m. at Arroyo Vista Recreation Center for anyone interested in learning more about serving as an election volunteer. Minutes of the City Council Moorpark, California Page 6 July 17, 2002 Mayor Hunter thanked Ms. Braitman for her presentation. B. Consider Landscaping and Fencing Issues Related to Moorpark Country Club Estates, Tract No. 4928, Residential Planned Development No. 94 -01, Conditional Use Permit No. 94 -01. Staff Recommendation: 1) Approve staff recommended alternative for the orchards as indicated in the staff report; 2) Approve staff recommended alternative for the fencing as indicated in the staff report for the west neighborhoods; 3) Allow a maximum of 36 occupancies in Phase 1 before completion or prior to the first occupancy requirements; and 4) Direct staff to meet with Toll Brothers, Inc. to present a recommendation to Council at its August 21, 2002, meeting that resolves the conditions of approval of the RPD and VTM which are tied to occupancy. Mr. Hogan gave the staff report. Mr. Hogan clarified an item that was raised at the previous City Council meeting. He stated that the City had provided some homeowners with grading plans attached to a Zone Clearance that gave the incorrect appearance that the City had approved the fence location as depicted on those plans. He stated that the grading plans were an attachment used solely for the issuance of the Building Permit and not meant to be construed as an approved fencing plan for the project. He stated that in order to avoid this confusion in the future, the City is changing the process so that fencing will not be reflected on plot plans that have been submitted for the purpose of issuing a Building Permit. In response to Mayor Hunter, Mr. Hogan stated that the process required to amend the General Plan Land Use Policy to allow orchards would require the City Council to initiate a General Plan Amendment by Resolution. He went on to state that if the groves are approved, it would be appropriate for the City to clarify the policy for allowing them in order to be consistent with the General Plan and to more fully address the issue of existing and proposed agriculture adjacent to existing and proposed residential development. Minutes of the City Council Moorpark, California Page 7 July 17, 2002 In response to Mayor Hunter, Mr. Hogan stated that staff is not recommending that this occur before occupancy of the lots in this project. In response to Councilmember Millhouse, Mr. Hogan stated that staff is recommending that Lots 1, 2, 3, and a portion of Lot 4 be excluded from the provision for the relocation of the fence below the top of slope, because there are other Phases of development that will occur along Championship Drive and it is intended that all property lines be at the top of the slope to provide for increased noise attenuation and privacy. He continued by stating that if Council concurs with staff's recommendation, this will be consistent with the remainder of the properties along Championship Drive. Councilmember Millhouse stated that this determination would appear to be unfair to the owners of those four lots. He went on to state his concern relative to the timely amendment and recording of the CC &R's so homeowners will receive proper notification and that occupancy will not be delayed because of the amendment and recordation process. Mr. Montes stated that one option would be to compose a proposed amendment to the CC &R's and circulate that to the buyers who have occupancy at issue now. He went on to state that amendments to the CC &R's could be authorized by a majority of the voters in the Homeowners Association, which, at this point, is still Toll Brothers Development. In response to Councilmember Millhouse's concern that the three -foot setback requirement for pools would preclude the infinity -style pools anticipated to be installed at some homes, Mr. Hogan stated that the setback would not preclude installation, but it would make it more difficult; an infinity pool has water sheeting off the top, over a retaining wall into a trough, and then pumped back up into a reservoir; staff is concerned that these pools will be visible from the public side, creating an interruption to the top of the slope; and if an infinity pool installation is possible, the trough would have to be constructed Minutes of the City Council Moorpark, California Page 8 July 17, 2002 away from the top of the slope and buried below grade, as demonstrated at the model home site. In response to Councilmember Millhouse, Mr. Hogan stated that in order for the requirements to be met before the total 95 homes can be occupied in Phase 1, the Council will have to consider the eight conditions; then give staff direction as to which way they want them to be implemented and under what circumstances. He stated that it is staff's intent to suggest that the Council consider those items on August 21St and then direct staff not to withhold the remaining 50 homes from release. Mr. Hogan summarized by stating that a two stage process could be to: 1) recommend the release and occupancy of the homes that currently have zoning clearances and building permits; and 2) between now and August 21St come back to the Council with recommendations on how to meet the conditions for the release and occupancy of the remaining homes. In response to Councilmember Mikos, Mr. Kueny stated that the use of orchards could be included in the revised Landscape Guidelines. He stated that it is important that specific notification be provided to the owners regarding the use of orchards by adding language to the CC &R's. In response to Mayor Hunter, Mr. Hogan stated that Phase I is defined as the 95 lots as shown on the Tract Map on stamped page 20 of the agenda report. In response to Councilmember Millhouse, Mr. Kueny stated that the representations of the developer have been that the fruit trees qualify as an orchard since they are intended to be used as production trees under professional management for harvest of the fruit. Mayor Hunter stated that several speakers have indicated they will be speaking on behalf of others and asked if the Council desires to waive the rules of procedure to allow these individuals more time to speak. CONSENSUS: By consensus, the Council determined to waive the rules of procedure to allow the speakers, who are >Par�A � n Minutes of the City Council Moorpark, California Pacie 9 Julv 17, 2002 speaking on behalf of a group of citizens, additional time to address the Council relative to this item. Michael Cosenza, a Moorpark resident, addressed the Council on behalf of himself and other Country Club Estates' homebuyers. Relative to the proposed orchard, he stated that the homebuyers are in support of the second alternative as presented on page 4 of the staff report, which states that the Homeowners Association will assume complete responsibility for the maintenance of the orchard. Mr. Cosenza went on to state that the homebuyers, on whose behalf he is speaking, are willing to accept that the Landscape Maintenance District will not include the orchards as long as the contribution to the Special Assessment District by each homeowner is adjusted to reflect the fact that the City is not responsible for this land. Relative to the fence lines, Mr. Cosenza stated that the future homebuyers are not in favor of either alternative presented in the staff recommendation. He stated that another speaker, Ms. Bennett, who also represents the future homebuyers, would present another alternative. Mr. Cosenza continued by asking the City to compromise and allow the complete buildout and occupancy of the entire 95 homes in Phase I. Chris Madrigal, a Moorpark resident, spoke relative to the landscape plans of the Country Club Estates and for the establishment of the orchard. He responded to Councilmember Mikos' concern about the spraying of the fruit trees as a potential concern for homeowners by stating that rather than an application to the foliage, deep -root injections are a commonly accepted method to prevent fruit tree pests and to apply fertilizer to the trees. Mr. Madrigal stated that he has viewed the installation of the deep root irrigation system that has been established on -site and has determined it will encourage deep root growth thus reducing the likelihood of slope failures in the tree planting areas. In response to Councilmember Mikos, Mr. Madrigal confirmed that the landscape guideline document that Minutes of the City Council Moorpark, California Page 10 July 17, 2002 he referred to for his evaluation of the site is the Ventura County Landscape Plan Guidelines. In response to Councilmember Mikos, Mr. Madrigal stated that he has not evaluated the use of avocado trees in this area, but if they are planted in this development, he would have the same concerns about appropriate irrigation to establish deep root structure and slope stability. Doreen Bennett, a Moorpark resident, stated her concern relative to individual home perimeter fence line locations. Ms. Bennett stated that, in summary, the homebuyers want the backyard fences of all lots east and west to remain at the property lines below the slopes as previously planned; and requested clarification of the term "other changes" as quoted in the staff report of July 17, 2002, relative to views being obscured. Craig Messi, Senior Project Manager for Toll Brothers, 7142 Travino Drive, stated that the developer agrees with staff's recommendation No. 1 relative to the fences, with the caveat that Lots 2 through 4 should be included and be consistent with the remainder of the development. He went on to state that Lee Newman would address the technical aspects of the orchards for the Council. Mr. Messi provided a history of the past three years of the development of the orchard plans, the architectural guidelines, and the landscaping on the slopes. He stated that the developer agrees that relative to permit issues, they are in support of recommendation No. 2 and would like to see that instituted. Mr. Messi also stated that in regard to the 36 permits currently issued, they would like to be allowed to continue and would also like to be allowed to start construction of the 25 additional homes. He requested the Council's indulgence for permits for the Clubhouse site, the cart tunnel, and the drain that goes across the driving range. Lee Newman, 31300 Via Colinas #104 Westlake Village, landscape architect for the project, presented his Minutes of the City Council Moorpark, California Page 11 July 17, 2002 view of the orchard development and spoke in support of the proposal. In response to Mayor Hunter, Ms. Traffenstedt acknowledged that numerous people have submitted Written Speaker Cards supporting the homeowners comments received this evening. She announced the following names: Keith Palmquist, Sohair Asaad, Maher Asaad, Rick Hansen, Yvette Palmquist, Barrie Mitchell, Joan Mitchell, Michael Politio, Sharon Polito, Joel Bennett, Mike Nix, Joseph R. Granatelli, Ning -Tian Zhang, Gong -jie Zhang, Kim Ritamelo, John Macik, Melissa Nizdil, Chris Pitaniello, Jou Ming Wueste, Allan Wueste, Mary Leyden, Daanish Arasto, Prem Patel, Eric Grable, J. M. Wick, Duc Nguyen, Naseem Arastu, J. J. Wick, David A. Jacobs, Abul Arastu, Bassim Hijaz, Gordon Mazur, Mike Patel, Herb Goldin, Michael Sullivan, Lori Sullivan, Marsha Goldin, Smita Patie, Ebrahim Barati- Marnani, Mary Ellen Cosenza, Mark Carroll, Richard Duran, Andy G. Lean, Susan Duran, Ruth Lean, and Krist Jansen. In response to Councilmember Mikos and Ms. Bennett's inquiries as to what staff meant regarding "other changes ", Mr. Hogan stated that staff was expressing concerns regarding the City's responsibility to maintain the trees in such a manner as to protect views and "other changes" refers to the growth of plant material to be maintained by the Homeowners Association, if the Council so indicates, thus relieving the City from responsibility. Mayor Hunter stated that he believes the City has an obligation to stand by the decisions made, whether right or wrong, since there is no evidence of any threat to the public health, safety or welfare in supporting the location of the fences and the approval for the orchards appears to have been reconfirmed in a letter dated October 16, 2001, written to the applicant by the former Community Development Director, Wayne Loftus. Mayor Hunter requested that the Council take each item under dispute and reach a consensus with specific direction so that the items under dispute do not come back to the Council again. Minutes of the City Council Moorpark, California Page 12 Julv 17, 2002 A discussion followed between Council and staff regarding the concept of keeping the orchards and focused on: maintenance responsibilities for the slopes going to the Homeowners Association rather than the City's Landscape District; and amending the CC &R's to include the various disclosures to current and prospective homeowners without holding up occupancy. Mr. Kueny stated that: it is not clear in all areas along Championship Drive, where the City's Landscape District, the individual homeowner, or the Homeowners Association is responsible for the maintenance of the slopes; any future amendments to the delineation of the boundaries of the City's Landscape District would have to come back to the Council for determination; and staff would like to return on August 21" with a determination of the natural breaks in the slopes to have a clear demarcation of these boundaries. MOTION: Mayor Hunter moved and Councilmember Millhouse seconded a motion to: 1) Direct staff to approve the orchards; 2) Toll Brothers will be required to amend and record the CC &R's to include provisions for private maintenance of orchards by the Homeowners Association, subject to the approval of the amended CC &R's by the Community Development Director and City Attorney; 3) a drip irrigation system will be used for all orchard planting; 4) Toll Brothers will be required to amend the Landscape Maintenance District boundaries to exclude all orchard areas; and 5) Toll Brothers will be required to file an application to amend the General Plan Land Use Policy to allow orchards. Councilmember Mikos asked if the motion included a requirement for prospective buyers to sign an acknowledgment that the orchards will be maintained in private ownership by a private funding mechanism AMENDMENT TO THE PENDING MOTION: Mayor Hunter as the maker of the motion, and Councilmember Millhouse as the second, agreed to an amendment to the pending motion to add the following: and 6) Toll Brothers will be responsible for ensuring that for every lot sold there is a disclosure form signed by a prospective buyer acknowledging that the orchards will be maintained in private ownership by a private funding mechanism. The amended motion carried by voice vote 3 -0, Councilmembers Harper and Wozniak absent. Minutes of the City Council Moorpark, California Paqe 13 July 17, 2002 Mayor Hunter stated that Toll Brothers needed confirmation that they could complete all 95 homes. A discussion followed between the Council and staff which focused on: the placement of the fences, the number of units allowed to be completed, the placement of setbacks for infinity pools; the placement of thresholds on Toll Brothers that do not impact residents currently in escrow or who have deposited fees; whether to tie the fencing issue as an incentive for Toll Brothers to complete the intersection improvements at Grimes Canyon Road and Los Angeles Avenue; and whether, in consideration of safety concerns, to require completion of the intersections at Walnut Canyon Road /Grimes Canyon Road and Championship Drive /Grimes Canyon Road prior to any occupancy. In response to Mayor Hunter, Mr. Messi, stated that the Caltrans permit is expected within the next two days and will need to be followed by a grading permit issued by the City Engineer. Mayor Hunter stated that it is his assertion that now is not the time to consider intersection improvements nor should there be any nexus between the actions at this meeting and those improvements, as this topic is not on the agenda and may even be in violation of the Brown Act. Councilmember Mikos stated that she has concerns about allowing Toll Brothers to move forward with all 95 units, until after the meeting on August 21St due to their past disregard of requirements and numerous violations. Councilmember Millhouse stated he has confidence in Toll Brothers that they will take action to complete the intersection improvements without holding up the occupancy of any of the 95 homes. MOTION: Mayor Hunter moved to: 1) permit the rear yard fences to stay at the previously approved location of 10 to 12 feet below the slope; 2) make no distinction for Lots 1, 2, 3, and 4 in regard to fence location; 3) make no reference to any occupancy with respect to this motion in Minutes of the City Council Moorpark, California Paqe 14 July 17, 2002 terms of number; 4) establish no change in setback requirements from that permitted by Zoning Code; and 5) direct Toll Brothers to insert language in the CC &R's that states that views are not guaranteed by the City or the developer and may at some point in the future be obscured by mature landscaping or other unanticipated changes. AMENDMENT TO THE PENDING MOTION: Councilmember Millhouse stated he would second the pending motion with the following amendments: 1) that the minimum setbacks be only for the infinity pools and that other structures be prohibited in that area, and 2) that the CC &R's be modified to reflect the maintenance requirements for the 10 -12 foot slope area between the top of slope and the fence line. Mayor Hunter concurred with the amendment to the motion. The amended motion carried by voice vote 3 -0, with Councilmembers Harper and Wozniak absent. A discussion followed between Council, staff, and the applicant regarding whether fencing on Lots 1, 2, 3, and 4 would require staff approved Lot Line Adjustments in order to comply with Council's criteria. The consensus of the Council was to allow the fencing below the top of slope on Lots 1, 2, 3, and 4 if all homebuyers preferred this option, with Toll Brothers to submit an application to amend the lot lines consistent with the requirements of law. Mr. Kueny clarified that staff would not allow pool equipment on the slope. MOTION: Mayor Hunter moved and Councilmember Millhouse seconded a motion that these restrictions apply to the 95 lots currently defined as Phase I and will not preclude occupancy approval. The motion carried by voice vote 2 -1, Councilmember Mikos dissenting, Councilmembers Harper and Wozniak absent. Mr. Kueny clarified that staff will schedule for discussion on August 21St all outstanding items that should have been completed by Toll Brothers prior to first occupancy but were not completed. AT THIS POINT in the meeting, a recess was declared. The time was 9:26 p.m. The Council meeting reconvened at 9:52 p.m. Minutes of the City Council Moorpark, California Page 15 Ju1y17, 2002 C. Consider Arroyo Vista Community P. Construction Plan and Scope Recommendation: Approve the draft and scope of work as presented in including under - grounding of the power line. Ms. Lindley gave the staff report. ark Phase II Draft of Work. Staff construction plan the Agenda Report, electrical utility Councilmember Millhouse noted that the construction of the baseball field will impact the use of the soccer fields, which experience dawn to dusk use on Saturdays. He expressed concern that an alternative space needs to be provided for soccer activity prior to the beginning of the baseball field construction. Ms. Lindley stated that there would be very little impact to the AYSO soccer field play, as the City will provide additional soccer field space to accommodate for the fields impacted. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no public speakers. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to approve the draft construction plan and scope of work as presented in the Agenda Report, including undergrounding of the electrical utility power lines. The motion carried by voice vote 3 -0, Councilmembers Harper and Wozniak absent. D. Consider Award of Agreement to Antelope Valley Bus /Coach USA to Operate and Maintain Moorpark City Transit. Staff Recommendation: Accept the proposal from, and award a contract to, Antelope Valley Bus /Coach USA for the operation and maintenance of the City fixed route bus, at the not to exceed amount of $225,515 for the first year, and as proposed in subsequent years, and authorize the Mayor to execute the Agreement subject to final language approval by the City Manager and City Attorney. Mr. Brand gave the staff report. Gerald Goldstein, 11932 Los Angeles Avenue, discussed public transit concerns within the City of Moorpark. Minutes of the City Council Moorpark, California Paqe 16 July 17, 2002 MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to accept the proposal from, and award a contract to, Antelope Valley Bus /Coach USA for the operation and maintenance of the City fixed route bus, at the not to exceed amount of $225,515 for the first year, and as proposed in subsequent years, and authorize the Mayor to execute the Agreement subject to final language approval by the City Manager and City Attorney. The motion carried by voice vote 3 -0, Councilmembers Harper and Wozniak absent. E. Consider Proposed Development Agreement with Vintage Crest Senior Apartments, L.P., a California Limited Partnership. Staff Recommendation: Refer the Development Agreement to the Planning Commission for a public hearing on August 12, 2002, and set August 21, 2002, as the City Council public hearing date. Mr. Kueny gave the staff report. He amended the recommended meeting dates to August 26th for the Planning Commission meeting and September 4th for the City Council meeting. In response to Councilmember Mikos, Mr. Kueny stated that when the Development Agreement is voted to go to the Planning Commission, typographical errors will be corrected, and the issue regarding the life of the project, including the regulatory agreement and the bond, would be clarified to reflect the life of the project, which could be for 100 years. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no public speakers. CONSENSUS: By consensus, the Council determined to refer the Development Agreement to the Planning Commission for a public hearing on August 26, 2002, and set the City Council public hearing date for September 4, 2002. 11. CONSENT CALENDAR: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to approve the Consent Calendar with the exception of Item 11.F., which was pulled from the Consent Calendar for individual consideration. The motion carried by roll call vote 3 -0, Councilmembers Harper and Wozniak absent. .f o p �1 4 O� Minutes of the City Council Moorpark, California Page 17 July 17, 2002 A. Consider Approval of Minutes of Regular Meeting of Auqust 1, 2001. Consider Approval of Minutes of Regular Meeting of March 6, 2002. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register for Fiscal Year 2001 -2002 - July 17, 2002. Manual Warrants 109737 - 109743 & $ 1,707.36 109852 Voided Warrants 107991 & 108011 & $(2,085.03) 108142 & 108267 & 108976 & 109644 & 109663 & 109665 & 109668 & 109738 & 109739 & 109767 & 109741 - 109743 Payroll Liability 109729 - 109736 $ 13,167.32 Warrants Regular Warrants 109748 - 109851 $397,797.49 Staff Recommendation: Approve the warrant register. C. Consider Adoption of Resolution Amending the Fiscal Year 2001/2002 Budget by Appropriating Older Americans Act (OAA) Grant Funds for Senior Center Capital Expenditures and Lifeline Devices. Staff Recommendation: Adopt Resolution No. 2002 -1990 approving an amendment to the Fiscal Year 2001/2002 Budget by appropriating $18,738 in OAA grant funds for Senior Center capital expenditures and lifeline devices. (Roll Call Vote Required) D. Consider Fiscal Year 2002/2003 Budqet Amendment for Repairs to the Community Center. Staff Recommendation: 1) Adopt Resolution No. 2002 -1991, amending the FY 02/03 Budget by appropriating $24,500 from the General Fund Reserve Balance for repairs to the Apricot Room roof drains and Community Center Breezeway; and 2) authorize the City Manager to amend the Agreement with D101.A'aIfl 4"'b11 Minutes of the City Council Moorpark, California Page 18 July 17, 2002 Allen Bornstein Construction, Inc. to perform the roof drain work at a cost not to exceed $3,700. (Roll Call Vote Required) E. Consider Authorizing the City Manager to Approve a Two -Year Contract with Videomax Productions, Inc. for Provision of cable Government Channel Production, Operations, Maintenance, and Related Services. Staff Recommendation: Direct the City Manager to approve a two -year agreement with Videomax Productions, Inc., with an approximate 6 percent increase effective July 1, 2002. G. Consider an Agreement Regarding Acquisition of Property between Pardee Homes and the City of Moorpark to Acquire Certain Real Property for Public Street Purposes. (Tentative Tract Map No. 5045). Staff Recommendation: Approve Agreement regarding acquisition of property between Pardee Homes and the City of Moorpark. H. Consider an Agreement Regarding Acquisition of Property between Pardee Homes and the City of Moorpark to Acquire Certain Real Property for Public Street Purposes. (Tentative Tract Map No. 5045). Staff Recommendation: Approve Agreement Regarding Acquisition of Property between Pardee Homes and the City of Moorpark. The following Item was pulled for individual consideration: F. Consider Moorpark Boys & Girls Clubs /Packer Football and American Youth Soccer Association (AYSO) Use Agreements. Staff Recommendation: Approve five -year use agreements with Moorpark Boys and Girls Club /Packer Football and American Youth Soccer Organization, pending any final language changes by the City Manager and City Attorney and authorize the City Manager to execute the agreements on behalf of the City. Mr. Hartnett stated that this item has been pulled to be rescheduled, as AYSO was unable to send a representative to attend this meeting, and they wish to be present to discuss the indemnification clause in the use agreement. a�R�ra �'an Minutes of the City Council Moorpark, California Page 19 July 17, 2002 MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded the motion to reschedule this item to August 21, 2002. The motion carried by voice vote 3 -0, Councilmember Harper and Wozniak absent. 12. ORDINANCES: A. Consider Ordinance No. 282, an Ordinance of the Cit of Moorpark, California, Rescinding Ordinance No. 244, which Adopted Specific Plan Zoning Designations and Development Standards for Properties within Hidden Creek Ranch Specific Plan (Specific Plan 8 /Specific Plan 93 -1) . Staff Recommendation: Declare Ordinance No. 282 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 282. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to waive further reading of Ordinance No. 282. The motion carried by voice vote 3 -0, Councilmembers Harper and Wozniak absent. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to declare Ordinance No 282 read for the second time and adopted as read. The motion carried by voice vote 3 -0, Councilmembers Harper and Wozniak absent. 13. CLOSED SESSION: Mr. Kueny announced that the City Council would be going into Closed Session for discussion of Items 13.B. (ten cases) and 13.C. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to adjourn to closed session for a discussion of Items 13.B (ten cases) and 13.C. The motion carried by voice vote 3 -0, Councilmembers Harper and Wozniak absent. B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 10) C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) a r^ 3 .1 z Minutes of the City Council Moorpark, California Paqe 20 July 17, 2002 The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO21825) AT THIS POINT in the meeting, the City Council meeting was recessed to convene the Redevelopment Agency closed session. The time was 10:07 p.m. The Council reconvened into closed Present in closed session were Councilmember Millhouse, and Mayor City Manager; Joseph Montes, City Assistant City Manager; and Deborah to City Manager /City Clerk. session at 10:27 p.m. Councilmember Mikos, Hunter; Steven Kueny, Attorney; Hugh Riley, Traffenstedt, Assistant The Council reconvened into open session at 10:55 p.m. Mr. Kueny stated that ten cases under Item 13.B. and Item 13.C. were discussed and that there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 10:55 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk y ea j 4 � -4 • '.J -.L S MINUTES OF THE CITY COUNCIL Moorpark, California September 4, 2002 A Regular Meeting of the City Council of the City of Moorpark was held on September 4, 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 6:44 p.m. 2. INVOCATION: Bishop Nyles L. Christensen, Church of Latter -Day Saints, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Captain Robert LeMay, Ventura County Sheriff's Department, led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Mikos, Millhouse, Wozniak, and Mayor Hunter. Absent: Councilmember Harper. Staff Present: Hugh Riley, Assistant City Manager; Ken Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Walter Brown, City Engineer; Captain Robert LeMay, Ventura County Sheriff's Department; Julie C.T. Hernandez, Senior Management Analyst; Laura Stringer, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk and Blanca Garza, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation Proclaiming September 11, 2002, as Recognition of Freedom, a Day of Remembrance. Minutes of the City Council Moorpark, California Paqe 2 September 4, 2002 Mayor Hunter presented the proclamation to Captain LeMay, Ventura County Sheriff's Department. B. Introduce new City Employee, Steven Valdez, Planning Technician I. Mayor Hunter introduced Steven Valdez, Planning Technician I. 6. PUBLIC COMMENT: Councilmember Millhouse addressed a concern that was raised by Mr. Colin Velasquez at the last meeting regarding a closed session property negotiation item and a potential conflict of interest. He stated that he spoke to the City Attorney regarding this concern and does not believe that he has spoken on the item or that there is a conflict. He stated, however, that because of the perception of any conflict, he would not participate in any discussion regarding Mr. Velasquez's property, and would recluse himself accordingly. AT THIS POINT in the meeting, the City Council meeting was recessed to convene the Moorpark Redevelopment Agency meeting. The time was 6:52 p.m. The City Council meeting reconvened at 6:53 p.m. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mr. Riley requested that Items 10.C. and 10.E. be continued to the September 18, 2002 meeting. He further requested that Items ll.F., 11.G. and ll.K. be pulled from the Consent Calendar for discussion. CONSENSUS: By consensus, the Council determined to reorder the agenda and consider Items 10.C. and 10.E. prior to Announcements and Future Agenda Items. 10. PRESENTATION /ACTION /DISCUSSION: C. Consider Proposed Siqn Proaram for Commercial Planned Development Permit No. 2001 -01 (Moorpark Marketplace - 357,621 Square Foot Commercial Center) Located South of New Los Angeles Avenue, East of Miller Parkway and West of the SR -23 Freeway on the Application of Zelman Retail Partners, Inc. (Assessors Parcel Nos. 512 -0- 260 -015, -085 and -105). Staff Recommendation: Approve ane'NA "► '..i v-, , -r hd Minutes of the City Council Moorpark, California Page 3 the Master Sign Program recommended modifications. MOTION: Councilmember Mikos Wozniak seconded a motion to September 18, 2002. The motion Councilmember Harper absent. September 4, 2002 subject moved and continue carried by to the staff Councilmember Item 10.C. to voice vote 4 -0, E. Consider Solid Waste Franchise Agreements, and Resolution Rescinding Resolution No. 2001 -1924, Updating Solid Waste Collection Fees for 2003. Staff Recommendation: 1) Approve the City's Franchise Agreements with Moorpark Rubbish Disposal and GI Industries, subject to final language approval by the City Manager and City Attorney; and 2) Adopt attached Resolution No. 2002- updating the Solid Waste Collection Fees effective January 1, 2003. (ROLL CALL VOTE REQUIRED) MOTION: Councilmember Mikos moved and Councilmember Wozniak seconded a motion to continue Item 10.E. to September 18, 2002. The motion carried by voice vote 4 -0, Councilmember Harper absent. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos announced that the next guided hike would take place at Happy Camp Canyon Regional Park on September 7, 2002, from 2:00 p.m. to 7:00 p.m. Mayor Hunter announced the following events: Moorpark After Dark Back to School Dance on September 9, 2002, 7:00 p.m. to 10:00 p.m. at the Arroyo Vista Recreation Center; Teen Band Jam on September 13, 2002, 7:30 p.m. to 10:00 p.m. at the Arroyo Vista Recreation Center; and, Skate Park Contest on September 12, 2002, 3:00 p.m. to 4:00 p.m. with regular skating activities on Tuesdays and Wednesdays, 3:00 p.m. to 6:00 p.m. at the Arroyo Vista Skate Park. 9. PUBLIC HEARINGS: A. Consider Proposed Development Agreement with Vintage Crest Senior Apartments, L.P., a California Limited Partnership. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Introduce Ordinance No. 285 for first reading. elk ---W `r e.l L hs r Minutes of the City Council Moorpark, California Paqe 4 September 4, 2002 Mr. Hogan presented the staff report and requested the following changes to the Development Agreement: - Pg. 5, Item 3, Line 7, change "July 17 2002" to "July 10, 2002 "; - Pg. 11, Section 6.3, Sentence 7, strike "which" after "annual adjustment "; - Pg. 12, Section 6.4, Sentence 5, strike "which" after "annual indexing "; - Pg. 12, Section 6.5, Sentence 7, strike "which" after "annual adjustment "; - Pg. 13, Section 6. 6, Sentence 4, insert "per unit" after "($4,250) "; - Pg. 13, Section 6.6, Sentence 6, strike "which" after "annual indexing "; and - Pg. 18, Section 6.10, last paragraph, insert "for the life of the project" after "assisted living facility." Mr. Hogan concluded by stating that the amendments reorder the preambles and change the date in the ordinance. Mayor Hunter opened the public hearing. Steve Gall, Executive Vice President of USA Properties, 2440 Professional Drive, Suite 100, Roseville, extended appreciation to the City and staff; agreed with the proposed language changes in the Development Agreement; and stated that grading would begin in approximately mid - September. He noted that based on his quick review of the allocation list, he is confident that the funding is in place for the tax - exempt bond financing. Ron Andrade, Chairman of the Board of Candelaria American Indian Council for Ventura County, and Chairman of the Native American Indian Intertravel Association of Ventura County, 300 Moorpark Avenue, spoke in opposition to the permit and development. He stated that both organizations should have been notified because the project is receiving public funding and that they should have been given the opportunity to review the environmental documents to determine whether there were any impacts to the C; ���C9 Minutes of the City Council Moorpark, California Paae 5 September 4, 2002 American Indian community. He stated that he would continue to oppose the development until his organizations have reviewed the California Environmental Quality Act (CEQA) or National Environmental Protection Act (NEPA) documents. He referenced a situation regarding a resident who experienced administrative roadblocks when seeking a permit for a retaining wall and driveway, and commented that the permit process is easier for big companies than for small organizations or individuals. He stated that equal treatment should be given by the City's Engineer Office and the Community Development Department. He further stated that his organization would continue to press the matter until the issue of equal treatment is resolved. In response to Mayor Hunter, Mr. Hogan stated that the City has complied with the CEQA statutory notification requirements with regard to this project. He stated that this is not a federal project and does not fall under NEPA guidelines. He clarified that pursuant to CEQA, a Negative Declaration was prepared. He stated that the City has not received a prior request from the two organizations referenced by Mr. Andrade requesting notification, but would put them on the list as soon as the request is made in writing. He further stated that a records check of known sites was performed and there is no known archeological site on the project site. He said that if such a find is discovered the work will cease and a monitor will come out and review the site. He explained that if, under the grading conditions, a find is exhumed, the City would follow the CEQA requirements. Mayor Hunter requested staff provide a report on the matter regarding the wall and driveway concerns expressed by Mr. Andrade for review at the next meeting. He explained that the Council is precluded by law from taking action on any item that is not on the agenda. Councilmember Millhouse stated sensitive to archeological sites wishes to be notified of develo their request will be fulfilled. encouraging that should something grading or excavation, there is a that the City is and that if anyone pments in the City, He stated that it is be found during the policy in place that Minutes of the City Council Moorpark, California Paqe 6 September 4, 2002 would stop all work so that situation can be assessed and handled properly. He explained that the permitting process could sometimes be cumbersome depending on the complexity of problems associated with each request, however, all requests are treated equally, and the City does address them when concerns arise. Mayor Hunter agreed that some difficulties do occur during the permit process, but the City takes each request seriously and tries to resolve each issue in a fair and equitable manner. Councilmember Mikos thanked the speaker for raising the issue because it reminds everyone of what the City should be doing. She noted that there is a specific condition regarding archeological finds in the conditions of approval for this project. Mayor Hunter closed the public hearing. Ms. Traffenstedt read the ordinance by title. MOTION: Councilmember Mikos moved and Councilmember Wozniak seconded a motion to waive full reading of Ordinance No. 285. The motion carried by voice vote 4 -0, Councilmember Harper absent. MOTION: Councilmember Mikos moved and Councilmember Wozniak seconded a motion to declare Ordinance No. 285 introduced for first reading. The motion carried by voice vote 4 -0, Councilmember Harper absent. B. Consider Amending Fiscal Year 2002 -2003 Annual Action Plan of Ventura County Community Development Block Grant (CDBG) Fiscal Year 2000 -2005 Consolidated Plan to Include Theater on High Project; Consider Adoption of Resolution to Apply for Section 108 Loan for Theater on High Project for $500,000 from the U. S. Department of Housing and Urban Development (HUD) for Furnishings, Fixtures and Equipment (FF &E) for the Theater at 45 East High Street and for the Acquisition of 11 -17 East High Street; and Consider Approving Agreement Between City of Moorpark and Janss IV Recreation for Theater on High Project. Staff Recommendation: Open the public hearing, take testimony, and continue hearing to September 18, 2002. Minutes of the City Council Moorpark, California Paqe 7 September 4. 2002 Mr. Riley presented the staff report. He requested that the City Council refer the security and lien position issues to the Budget and Finance Committee for further review and recommendation. Mayor Hunter opened the public hearing, and there were no requests from the public to speak on this matter. MOTION: Councilmember Mikos moved and Councilmember Wozniak seconded a motion to refer the outstanding issues to the Budget and Finance Committee for review and continue the public hearing open to September 18, 2002. The motion carried by voice vote 4 -0, Councilmember Harper absent. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Teen Council Appointments. Staff Recommendation: Make appointments to the Teen Council for a one -year term to end on June 30, 2003. Ms. Traffenstedt presented the staff report. Mayor Hunter commented on the difficulty in recruiting representatives from the 7th and 12th grades. In response to Mayor Hunter, Ms. Lindley stated that staff approached each of the schools, but that efforts may have been hampered due to the process being performed at the end of the school year. In response to Councilmember Mikos, Ms. Lindley stated that staff did not go to the high school class at Moorpark College. Mayor Hunter recommended that staff contact Captain LeMay's staff at the high school. He further recommended waiving the rules to facilitate making one motion. MOTION: Mayor Hunter moved and Councilmember Millhouse seconded a motion to appoint Andrea Green, Sanaz Keyhani, Zahabiya Chithiwala, Britteny Best, Todd Koszela, Taylor Skinner, Greg Priebe, Shannon Pflaumer, Nick Semnani, Shauna Marsh, and Elizabeth Saidkhanian to the Teen Council for a one -year term to end on June 30, 2003. The motion carried by voice vote 4 -0, Councilmember Harper absent. Minutes of the City Council Moorpark, California Page 8 September 4, 2002 B. Consider Appointments to the Ventura County Area Agency on Aging. Staff Recommendation: Appoint one (1) representative and one (1) alternate to the Area Agency on Aging for a two -year term from July 1, 2002, through June 30, 2004. Ms. Traffenstedt presented the staff report. Mayor Hunter requested that the rules be waived to facilitate making one motion. MOTION: Mayor Hunter moved and Councilmember Wozniak seconded a motion to appoint Morrie Abramson as representative and Anthony Bellasalma as alternate to the Ventura County Area Agency on Aging. The motion carried by voice vote 4 -0, Councilmember Harper absent. D. Consider Discussion of Replacement of Nonconformin Structures when Destroyed by More than Fifty Percent (500) Chapter 17.52 (Nonconformities and Substandard Lots) . Staff Recommendation: Direct staff to provide a letter to Mrs. Tash clarifying the City's requirements for reconstruction of nonconforming uses. Mr. Hogan presented the staff report. Councilmember Mikos requested that staff reference the appropriate sections of the Municipal Code in the letter so that individuals can take the letters to their lenders. In response to Councilmember Millhouse, Mr. Hogan stated that a letter would be sent to Mrs. Tash and any other property owner requesting a similar letter. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to approve the staff recommendation to provide a letter to Mrs. Tash clarifying the City's requirements for reconstruction of nonconforming uses and to provide additional letters to homeowners and lenders when requested. The motion carried by voice vote 4- 0, Councilmember Harper absent. Minutes of the City Council Moorpark, California Page 9 September 4, 2002 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Mikos seconded a motion to pull Items 11.F., 11.G., and 11.K. for individual consideration, and to approve the balance of the Consent Calendar. The motion carried by roll call vote 4 -0, Councilmember Harper absent. A. Consider Approval of Minutes of Special Meeting of Auaust 27, 2002. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register for Fiscal Year 2001 -2002 - September 4, 2002. Voided Warrant 110378 $ 0.00 Regular Warrants 110375 - 110390 & $ 281,305.23 110523 - 110526 $ 2,054.91 Staff Recommendation: Approve the warrant register. C. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - September 4, 2002. Manual Warrant 110432 $ 270.00 Payroll Liability 110433 - 110439 $ 11,043.84 Warrants Regular Warrants 110391 - 110431 & $ 789,666.35 110440 - 110522 $ 21,184.24 Staff Recommendation: Approve the warrant register. D. Consider Moorpark Boys & Girls Club /Moorpark Basketball Association (MBA) Use Agreement. Staff Recommendation: Approve five -year use agreement with Moorpark Boys & Girls Club /Moorpark Basketball Association (MBA), as submitted subject to final language approved by City Manager and City Attorney and authorize the City Manager to execute the agreement on behalf of the City. E. Consider Director Determination of Use in the M -1 Zone for a Proposed Harley Davidson Dealership Pursuant to Section 17.040.050J. Staff Recommendation: Concur with the Community Development Director's determination. Minutes of the City Council Moorpark, California Page 10 September 4, 2002 F. Consider a Collaboration Memorandum of Understanding (MOU) with the Moorpark/Simi Valley Neighborhoods for Learning. Staff Recommendation: Approve the proposed Collaboration Memorandum of Understanding (MOU) with the Moorpark /Simi Valley Neighborhoods for Learning (NFL), subject to final language approval of the City Manager and authorize the City Manager to execute the MOU on the City's behalf. G. Consider Resolution Amending Personnel Rules and Regulations for the Positions in the Competitive Service and Rescinding Resolution No 2001 -1890. Staff Recommendation: Adopt Resolution No. 2002 -2000. H. Consider Resolution Designating the Intersection of Cedarpine Lane and Deering Lane to be a Stop Intersection and Directing the Placement of STOP Signs at all Entrances Thereto. Staff Recommendation: Adopt Resolution No. 2002 -1998. I. Consider Third Addendum to Memorandum of Agreement (MOA) with Service Employees International Union AFL- CIO, CLC Local 998. Staff Recommendation: Authorize the City Manager to approve the Third Addendum to the MOA with the final language to be approved by the City Manager. J. Consider Ventura County Community Foundation Grant Resolution for the Moorpark Senior Center. Staff Recommendation: Adopt Resolution No. 2002 -1999, authorizing submittal of a grant application to the Ventura County Community Foundation to fund a bilingual older adult exercise class and authorizing the City Manager to serve as signatory for the grant. K. Consider Approval of Final Ma2 for Vesting Tentative Tract Map (VTTM) 5321 and Associated Documents (Zelman Development Co.) . Staff Recommendation: 1) Accept the offers of dedication on the Final Map; 2) direct the Mayor and the City Clerk to cause the recordation of the Final Map for VTTM 5321; and 3) authorize the City Manager to sign, and direct the City Clerk to record the "Hold Harmless Agreement - National Pollutant Discharge Elimination System." Minutes of the City Council Moorpark, California Page 11 September 4, 2002 The following items were pulled from the Consent Calendar for individual consideration: F. Consider a Collaboration Memorandum of Understanding (MOU) with the Moorpark /Simi Valley Neighborhoods for Learning. Staff Recommendation: Approve the proposed Collaboration Memorandum of Understanding (MOU) with the Moorpark /Simi Valley Neighborhoods for Learning (NFL), subject to final language approval of the City Manager and authorize the City Manager to execute the MOU on the City's behalf. Ms. Hernandez reviewed the following changes to the MOU, which provide clarity as to what the City is agreeing to within the MOU: 1) Title - Add Moorpark College to the title and throughout the document to clarify what the college will be doing for the City in the partnership; 2) Term - Since the term of the MOU cannot be specified due to changes or any unexpected delays in the award process, staff is asking approval of the 36 -month term from the date of the award; 3) In -kind Match - Clarified that where staff time will be provided, applies to the use of computer and software that will be used by staff only; 4) Duties of Moorpark NFL and Moorpark College - NFL will provide programming administration of funds, and Moorpark College (actual fiscal agent) will do accounting and accounts receivable, and other types of administrative support; 5) Housing - The "housing" that will be provided for by the college will be in the form of an "office "; 6) Responsibilities - Change the childcare scholarships for full range 0 -5 years (not original target of 0 -2 years) to enhance the goal to service from 100 to 200 children; 7) Mobile Services - Insert and identify neighborhoods that will receive mobile services as a minimum; 8) Under - One -Roof - type of office would be located in downtown area; and 9) Addition of Moorpark's responsibilities for clarity. Minutes of the City Council Moorpark, California Page 12 September 4, 2002 Mayor Hunter commented on the ambiguity of the term "children ages 0 -5 ". Ms. Hernandez explained that "0" takes into account pregnant mothers. Mayor Hunter pointed out that prenatal care was not included on page 159 and suggested changing the language to read "prenatal care and children through the age of 5." Councilmember Mikos stated that the community has been awaiting this program for quite some time. She provided the following list of services for the benefit of the public: childcare scholarships, enhanced skills, beginning new child care centers, support groups, donation activities, dial -a -ride for medical and social service appointments, mobile services for certain neighborhoods including Villa Campesina, Campus Park East and West, La Colonia, Home Acres, Happy Camp, and ranches surrounding Moorpark. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to approve the proposed Collaboration Memorandum of Understanding (MOU) with the Moorpark /Simi Valley Neighborhoods for Learning (NFL) with the adjusted changes, subject to final language approval of the City Manager and authorize the City Manager to execute the MOU on the City's behalf. The motion carried by voice vote 4 -0, Councilmember Harper absent. G. Consider Resolution Amending Personnel Rules and Regulations for the Positions in the Competitive Service and Rescinding Resolution No. 2001 -1890. Staff Recommendation: Adopt Resolution No. 2002 -2000. Ms. Traffenstedt stated that this item was pulled to revise the definition of "veteran" to read as follows: "Veteran ": This definition shall have the same meaning as in Section 18973 of the State Government Code, for the purposes of determination of veterans preference in establishment of an employment list following a competitive examination (pursuant to Section 7.1 of these Rules). MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to adopt Resolution No. 2002- 2000, as amended by staff. The motion carried by voice vote 4 -0, Councilmember Harper absent. Minutes of the City Council Moorpark, California Paae 13 September 4, 2002 K. Consider Approval of Final Map for Vesting Tentative Tract Map (VTTM) 5321 and Associated Documents (Zelman Development Co.). Staff Recommendation: 1) Accept the offers of dedication on the Final Map; 2) direct the Mayor and the City Clerk to cause the recordation of the Final Map for VTTM 5321; and 3) authorize the City Manager to sign, and direct the City Clerk to record the "Hold Harmless Agreement - National Pollutant Discharge Elimination System." Mr. Brown explained that this item was pulled because the final map had not been received until today, but that staff now has the materials from the developer and feels that the final map is recordable. He stated that staff is satisfied that the map is both technically correct and in substantial conformance with the conditions of approval. He stated that the agenda report outlines some NPDES requirements that are satisfied by agreements executed by the developer. He concluded by stating that the map itself, the deed from the existing property owner, and the indemnity agreement would be recorded concurrently so the outstanding issue of the owner being identified in the indemnity agreement has been resolved. MOTION: Councilmember Mikos moved and Councilmember Wozniak seconded a motion to: 1) Accept the offers of dedication on the Final Map; 2) Direct the Mayor and the City Clerk to cause the recordation of the Final Map for VTTM 5321; and 3) Authorize the City Manager to sign, and direct the City Clerk to record the `Hold Harmless Agreement - National Pollutant Discharge Elimination System." The motion carried by voice vote 4 -0, Councilmember Harper absent. 12. ORDINANCES: None. 13. CLOSED SESSION: None was held. a � , a .� -� ►•y Minutes of the City Council Moorpark, California Page 14 September 4, 2002 14. ADJOURNMENT: MOTION: Councilmember Millhouse moved and Councilmember Wozniak seconded a motion to adjourn. The motion carried by voice vote 4 -0, Councilmember Harper absent. The time was 7:52 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk MINUTES OF THE CITY COUNCIL Moorpark, California September 18, 2002 A Regular Meeting of the City Council of the City of Moorpark was held on September 18, 2002 in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Pro Tempore Mikos called the meeting to order at 6:45 p.m. 2. INVOCATION: Pastor Tony Amatangelo, Life Spring Community Church, gave the invocation. 3. ROLL CALL: Present: Councilmembers Harper, Millhouse, Wozniak, and Mayor Pro Tempore Mikos. Absent: Mayor Hunter. Staff present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Ken Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Walter Brown, City Engineer; Sergeant Mike Aranada, Sheriff's Department; John Brand, Senior Management Analyst; Dave Bobardt, Planning Manager; John Hartnett, Recreation Superintendent; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. 4. PLEDGE OF ALLEGIANCE: (Part of Opening Ceremony for Senior Games, Item 5.A.) Vera Sorrels led the Pledge of Allegiance. 5. PROCLAMATIONS AND COMMENDATIONS: A. Opening Ceremony for Senior Games. Mayor Pro Tempore Mikos announced the Opening Ceremony for the Senior Games. A brief presentation followed 0 ,fN0,q -s ..rJ- 4-1 Minutes of the City Council Moorpark, California Page 2 September 18, 2002 with comments by Mayor Pro Tempore Mikos and Vera Sorrels. B. Recognize Country Days Logo Contest Winner - Emily Sarpolus. Mayor Pro Tempore Mikos presented a certificate of recognition to Emily Sarpolus. C. City Manager's Monthly Report. Barry Hogan, Community Development Director, gave the monthly report. Mr. Hogan introduced his staff and gave an update on approved projects under construction and projects for which applications are in the review process. 6. PUBLIC COMMENT: Cindy Hollister, a Moorpark resident, discussed the new website, moorparkuncensored.com, which features articles about City Council candidates and issues relating to the City Council, Planning Commission, and Redevelopment Agency, a public service webpage highlighting different businesses, web pages devoted to children and animal friends, and a webpage to voice opinions on the editor's page. Manual Tessia, Moorpark resident, provided a history of his property, which is the subject of Consent Item No. 11.J. He raised concerns about his grading permit application, and requested he be allowed to make improvements to his property. Ron Andrade, a Moorpark resident, stated that Mr. Tessia is a professional engineer. He discussed his civil rights experience and raised concern that staff feels they have unfettered discretionary authority. He requested that the Council resolve this issue and approve the driveway, since there are no code violations, nor is a grading permit necessary. In response to Mayor Pro Tempore Mikos, Mr. Kueny stated that Mr. Tessia admitted to building a retaining wall without a permit. He stated that staff would determine the amount of dirt moved, at which time it can be determined whether a grading permit is needed. Minutes of the City Council Moorpark, California Page 3 September 18, 2002 In response to Councilmember Millhouse, Mr. Kueny stated that staff informs anyone coming to the counter whether a permit is required. Mr. Hogan stated that plans were submitted in 1999 showing that 90 -cubic yards of dirt would be moved and, as a result, a Zone Clearance was granted by the Planning Department. He stated that the applicants applied for a permit and a plan check was performed, but a final permit was never approved; therefore, the plan check expired. He stated that now the applicant wants to move only 43 -cubic yards of dirt resulting in a difference between the two plans, which needs to be evaluated by staff to determine whether a grading permit is necessary. He stated that the applicant has submitted new plans for the retaining wall and grading. He concluded by stating that if a grading permit is not necessary then one will not be required; however, a permit will be needed for the retaining wall. Mayor Pro Tempore Mikos stated that this item is on the agenda, and that if further discussion is needed, this item should be pulled from the Consent Calendar and discussed at the appropriate time. Diane Galvin, President of Moorpark Rotary Club, thanked the City for its generous contribution towards the Civil War Reenactment Fundraiser, which is scheduled for November 2 -3, 2002. She discussed the planned event and the non- profit organizations that were sponsored as a result of the event last year. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Millhouse requested that Item No. ll.H. be pulled from the Consent Calendar for individual consideration. Mr. Hogan requested that Item No. ll.J. be pulled from the Consent Calendar for individual consideration. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Pro Tempore Mikos announced the Arroyo Cleanup Day scheduled for September 21, 2002, from 9:00 a.m. to 12:00 p.m. at Arroyo Vista Recreation Center. She invited everyone to attend the Country Days celebration on September 28, 2002, 9:30 a.m. to 4:00 p.m., in Downtown Minutes of the City Council Moorpark, California Page 4 September 18, 2002 Moorpark. She further invited everyone to participate in the Relay for Life Fundraiser on September 28, 2002. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:19 p.m. The City Council meeting reconvened at 7:20 p.m. 9. PUBLIC HEARINGS: A. Consider Amending Fiscal Year 2002 -2003 Annual Action Plan of Ventura County Community Development Block Grant (CDBG) Fiscal Year 2000 -2005 Consolidated Plan to Include Theater on High Project; Consider Adoption of Resolution No. 2002- to Apply for Section 108 Loan for Theater on High Project for $500,000 from the U. S. Department of Housing and Urban Development (HUD) for Furnishings, Fixtures and Equipment (FF &E) for the Theater at 45 East High Street and for the Acquisition of 11 -17 East High Street; and Consider Approving Agreement Between City of Moorpark and Janss IV Recreation for Theater on High Project. (Continued with public hearing open from September 4, 2002 meeting.) Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny requested that this item be continued to October 2, 2002, to allow the Budget and Finance Committee time to meet and prepare a recommendation. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to continue the public hearing open to October 2, 2002. The motion carried by voice vote 4 -0, Mayor Hunter absent. B. Consider Zoning Ordinance Amendment Case No. 2002 -04, an Ordinance to Amend Chapter 17.30 of the Moorpark Municipal Code Related to Lighting Regulations. (Continued with public hearing open from August 21, 2002 meeting.) Staff Recommendation: 1) Continue with the open public hearing and accept additional public testimony, and close the public hearing; 2) Adopt Resolution No. 2002 -2001, adopting the Negative Declaration prepared on behalf of Zoning Ordinance Amendment Case No. 2002 -04; 3) Introduce zone change Ordinance No. 286 for first reading. Mr. Bobardt gave the staff report. Minutes of the City Council Moorpark, California Page 5 September 18, 2002 Mayor Pro Tempore Mikos announced that the public hearing was still open. Councilmember Harper stated that he teaches in the astronomy program at Moorpark College and concurs with the staff recommended wording. Mayor Pro Tempore Mikos raised concern about the drop - down lenses and suggested that the ordinance be modified so that they are not used in the areas north of the State Route 118 freeway. Councilmember Harper explained that the problem exists with the bulb itself and not the exposed area below the shield and light fixture, which has been addressed in the staff report. Councilmember Millhouse concurred that staff has addressed the concerns of Moorpark College. In response to Mayor Pro Tempore Mikos, Mr. Hogan stated that a specific plan could address lighting separately; however, the ordinance should remain consistent. Councilmember Wozniak stated that the language in the ordinance allows the City the option of choosing the lighting for a project. In response to Mayor Pro Tempore Mikos, Councilmember Harper stated that there are diverse opinions regarding the lighting problems at the College. He explained that the main concern is the unshielded lighting and the side - lighting on the industrial buildings. Mayor Pro Tempore Mikos closed the public hearing. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to adopt Resolution No. 2002 -2001, adopting the Negative Declaration prepared on behalf of Zoning Ordinance Amendment Case No. 2002 -04. The motion carried by voice vote, 4 -0, Mayor Hunter absent. Mr. Montes read the ordinance by title. r4 Minutes of the City Council Moorpark, California Page 6 September 18, 2002 MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to waive full reading of Ordinance No. 286. The motion carried by voice vote 4 -0, Mayor Hunter absent. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to declare Ordinance No. 286 introduced for first reading. The motion carried by voice vote 4 -0, Mayor Hunter absent. C. Consider General Plan Amendment No. 2002 -03 and Zone Change No. 2002 -03 on the Application of Toll Brothers, Inc. and the City of Moorpark to Amend the Land Use Element, Land Use Map and Zoning Map, in order to: 1) Align Land Use Designations and Zones with Lot Lines in Vesting Tentative Tract Map No. 4928; 2) Allow for a Lot Line Adjustment with an Adjacent Piece of Land for the Development of a Water Tank Site; and 3) Clarify Policy Related to the Separation of Residential Uses from Agricultural Uses. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Adopt Resolution No. 2002 -2002 to adopt the proposed amendments to the General Plan Land Use Element and Map prepared on behalf of General Plan Amendment Case No. 2002 -03; and 3) Introduce zone change Ordinance No. 287 for first reading. Mr. Hogan gave the staff report. Mayor Pro Tempore Mikos opened the public hearing. Craig Messi, representing Toll Brothers, 7142 Trevino Drive, spoke in support of the staff recommendation. Ms. Traffenstedt stated that one written statement card was received from Tamara Husted, a Moorpark resident, in support of the staff recommendation. Mayor Pro Tempore Mikos closed the public hearing. MOTION: Councilmember Millhouse Harper seconded a motion to adopt adopting the proposed amendments Use Element and Map prepared of Amendment Case No. 2002 -03. ThE vote 4 -0, Mayor Hunter absent. moved and Councilmember Resolution No. 2002 -2002, to the General Plan Land behalf of General Plan motion carried by voice Minutes of the City Council Moorpark, California Page 7 September 18, 2002 Mr. Montes read the ordinance by title. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to waive full reading of Ordinance No. 287. The motion carried by voice vote 4 -0, Mayor Hunter absent. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to declare Ordinance No. 287 introduced for first reading. The motion carried by voice vote 4 -0, Mayor Hunter absent. D. Consider Minor Modification No. 1 to Tentative Tract Map No. 5181 and Residential Planned Development No. 99 -01 to Modify the Conditions of Approval Pertaining to Drainage Matters. Applicant: TR Partners, LLC. (APN 512 -0- 131 -070). Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2002 -2003 approving Minor Modification No. 1 to Tentative Tract 5181 and Residential Planned Development No. 99 -01. Mr. Hogan gave the staff report. Mayor Pro Tempore Mikos opened the public hearing. Patrick Leyden, representing TR Partners, LLC, 4386 Manorview Court, Moorpark, spoke in support of the staff recommendation. Mayor Pro Tempore Mikos closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 2002 -2003 approving Minor Modification No. 1 to Tentative Tract 5181 and Residential Planned Development No. 99 -01. The motion carried by voice vote 4 -0, Mayor Hunter absent. E. Conduct a Public Hearing to Receive Testimony to Update the City's Library Facility Fee and Adopt a Resolution Approving the Revised Library Facility Fee. Staff Recommendation: Open the Public Hearing to receive testimony, close the Public Hearing, adopt Resolution No. 2002 -2004, revising the Library Facility Fee as identified in the Agenda Report to be effective 60 days hereafter, which will be November 18, 2002. Minutes of the City Council Moorpark, California Paqe 8 September 18, 2002 Ms. Lindley gave the staff report. In response to Councilmember Harper received from Building Industry Lindley stated that all libraries are experiencing deficits. She E target square foot goal for library of Camarillo is 0.75 foot per significantly higher than the City and that the staff recommendation is regarding a letter Association, Ms. in Ventura County explained that the space for the City capita, which is of Santa Clarita, justified. In response to Councilmember Harper that the burden is being placed on new construction, Ms. Lindley stated that the City currently collects fees on new development and that staff is requesting that the fee be increased. Mr. Kueny explained that the fee structure is patterned after the police and fire facilities fees and is always collected on new development. He stated that new development is not being asked to carry the burden of existing deficiencies, but only for future population growth. Councilmember Millhouse clarified that the City would still have to generate funds for existing deficiencies. Councilmember Wozniak discussed regional library funding shortfalls and stated that the City has an obligation to service the community. Councilmember Harper stated that book collection space is required regardless of the size of the City, and should be comparable to that of larger neighboring cities. In response to Mayor Pro Tempore Mikos, Mr. Kueny responded that the actual average number of residents per dwelling units is almost 3.4 for single - family residences, but the City is using the lower estimate of 3.04 for the fee calculation. Mayor Pro Tempore Mikos opened the public hearing. Rondi Guthrie, Building Industry Association (BIA), 24005 Ventura Blvd., Calabasas, requested a continuance in order to review the staff report. She / Minutes of the City Council Moorpark, California Page 9 September 18, 2002 stated that only Moorpark has a library fee in Ventura County, and expressed concern about how the fees were calculated, and on the large increase. She noted that the North Park project was not included and felt that the information provided in the staff report was inadequate. Mayor Pro Tempore Mikos explained that if the North Park project goes forward, there would be an increase in population and library needs. She stated that the North Park project is still in the proposal stage; therefore, that project should not be considered in the calculations until after it receives Council approval. She further explained that the staff recommendation is at the lower end of the national average. Councilmember Millhouse expressed concern that the City's library needs may change based on new technology and that the fees may prevent a segment of the population from living here. He spoke in support of continuing this item to the next meeting to address the concerns raised, and to gain some support from BIA. Councilmember Harper stated that the BIA has some valid concerns; however, housing affordability is not an issue, because the fees could be waived under the Affordable Housing Agreements. Mr. Kueny concurred that the Council has the option to consider waiving the fees. Mayor Pro Tempore Mikos commented that fees were negotiated for the Vintage Crest project. She spoke in support of the staff recommendation and stated that the concerns raised by the BIA could be clarified at the staff level. Mayor Pro Tempore Mikos closed the public hearing. Councilmember Millhouse reiterated his support for a continuance based on the concerns raised by the BIA and his concerns regarding cost of housing and the impacts to those that may not qualify. r Minutes of the City Council Moorpark, California Page 10 September 18, 2002 MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 2002- 2004, revising the Library Facility Fee as identified in the Agenda Report to be effective 60 days hereafter, which will be November 18, 2002. The motion carried by voice vote 3 -1 -0, Councilmember Millhouse opposed and Mayor Hunter absent. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Proposed Sign Program for Commercial Planned Development Permit No. 2001 -01 (Moorpark Marketplace - 357,621 Square Foot Commercial Center) Located South of New Los Angeles Avenue, East of Miller Parkway and West of the SR -23 Freeway on the Application of Zelman Retail Partners, Inc. (Assessors Parcel Nos. 512 -0- 260 -015, 085 and 105). (Continued from September 4, 2002 meeting.) Staff Recommendation: Approve the Master Sign Program subject to the staff recommended modifications. Mr. Hogan requested that this item be continued. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to continue this item to October 2, 2002. The motion carried by voice vote 4 -0, Mayor Hunter absent. B. Consider Solid Waste Franchise Agreements, and Resolution Rescinding Resolution No. 2001 -1924, Updating Solid Waste Collection Fees for 2003. (Continued from September 4, 2002 meeting.) Staff Recommendation: 1) Approve the City's Franchise Agreements with Moorpark Rubbish Disposal and GI Industries, subject to final language approval by the City Manager and City Attorney; and 2) Adopt attached Resolution No. 2002 -2005, updating the Solid Waste Collection Fees effective January 1, 2003. (ROLL CALL VOTE REQUIRED) Mr. Brand gave the staff report. In response to Councilmember Harper, Mr. Brand replied that the hauler replaces containers if they are damaged by the hauler or a third party. Minutes of the City Council Mooroark. California PaQe 11 September 18, 2002 Mr. Kueny clarified that the hauler would provide a replacement the first time the container is damaged, but would probably charge the resident if it happens repeatedly. In response to Councilmember Millhouse regarding future implementation of a recycling program for commercial properties, Mr. Montes replied that the Resolution addresses several aspects of increasing recycling programs. In response to Mayor Pro Tempore Mikos regarding the super recycler rate, Mr. Brand stated that a resident could pay an additional cost per month for a larger recyclable container and not lose the super recycler rate. Mr. Kueny stated that the option could be clarified as a footnote to the exhibit. Chuck Anderson, representing Moorpark Rubbish, 490 Industrial Street, Simi Valley, responded to Councilmember Harper's question by stating that his policy is to replace the first barrel that is damaged; however, further investigation would be conducted as to the cause or reason for the damage. He noted that typically, the damage is caused by the hauler's equipment. Mike Smith, representative from GI Rubbish, from his seat in the audience, concurred with the statements made by Mr. Anderson. In response to Mayor Pro Tempore Mikos, Mr. Montes stated that no other change is needed except for the City Manager's recommendation to add clarification in the footnote of the exhibit. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to: 1) Approve the City's Franchise Agreements with Moorpark Rubbish Disposal and GI Industries, subject to final language approval by the City Manager and City Attorney; 2) Adopt Resolution No. 2002- 2005, as amended, updating the Solid Waste Collection Fees effective January 1, 2003. The motion carried by roll call vote 4 -0, Mayor Hunter absent. Minutes of the City Council Moorpark, California Page 12 September 18, 2002 C. Consider Ordinance to Amend Municipal Code 12.16, Parks, and Adopt a New Park Reservation Fees and Policies Resolution to Limit the Use of Amplified Sound in City Parks and other Use Revisions. Staff Recommendation: Introduce Ordinance No. 288 for first reading, and adopt Resolution No. 2002 -2006. Mr. Hartnett gave the staff report. In response to Councilmember Millhouse, Mr. Hartnett stated that youth sports have separate rules. Mr. Montes read the ordinance by title. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to waive full reading of Ordinance No. 288. The motion carried by voice vote 4 -0, Mayor Hunter absent. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to declare Ordinance No. 288 introduced for first reading. The motion carried by voice vote 4 -0, Mayor Hunter absent. D. Consider Scheduling a Council Workshop to Review and Discuss Design of New Police Services Center. Staff Recommendation: Schedule work session to review concept design recommendations for the Police Services Center for October 9, 2002 at 6:30 p.m. Mr. Riley gave the staff report. Mr. Kueny noted that the workshop would also include a work session on the State Route 23 study that the City Engineer's Office has prepared. In response to Mayor Pro Tempore Mikos, Mr. Kueny stated that this is a Council issue and should not be considered jointly with the Planning Commission. In response to Councilmember Millhouse, Mr. Kueny stated that it would be a public workshop, but would not be televised. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to schedule a work session to review concept design recommendations for the Police Services Center for October 9, 2002, at 6:30 p.m. Minutes of the City Council Moorpark, California Page 13 September 18, 2002 11. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to pull Items 11.H. and ll.J. for individual consideration, and approve the balance of the Consent Calendar. The motion carried by roll call vote 4- 0, Mayor Hunter absent. A. Consider Approval of Minutes of Regular Meeting of April 3, 2002. Staff Recommendation: Approve minutes as processed. B. Consider Reconsideration of Approval of March 6, 2002, Regular City Council Meeting Minutes and Reconsideration of Vote on July 17, 2002. Staff Recommendation: 1) Reconsider approval of July 17, 2002, Regular City Council meeting minutes; 2) Reconsider vote on July 17, 2002; and 3) Adopt the corrected March 6, 2002 minutes. C. Consider Approval of Warrant Reaister for Fiscal Year 2001 -2002 - September 18, 2002. Voided Warrant 109788 $ (39.58) 110375 $(128,926.55) Regular Warrants 110527 - 110528 & $ 25,599.24 110559 - 110565 $ 105,084.59 Staff Recommendation: Approve the warrant register. D. Consider Approval of Warrant Reaister for Fiscal Year 2002 -2003 - September 18, 2002. Manual Warrants $ 0.00 Voided Warrants 110451 & 110624 $ (95.00) Payroll Liability 110551 - 110558 $ 13,228.90 Warrants Regular Warrants 110529 - 110549 & $ 40,574.14 110566 - 110619 & $ 11,515.92 110620 - 110640 $520,736.12 Staff Recommendation: Approve the warrant register. E. Consider Adoption of a Policy Resolution Regarding Local Government Involvement in the Adel hia Bankruptcy Proceedings. Staff Recommendation: Adopt Resolution No. 2002 -2007. Minutes of the City Council Moorpark, California Paqe 14 September 18, 2002 F. Consider Moorpark Soccer Club (MSC) Use Agreement. Staff Recommendation: Approve five -year use agreement with Moorpark Soccer Club (MSC) , as submitted subject to final language approved by City Manager and City Attorney and authorize the City Manager to execute the agreement on behalf of the City. G. Consider Resolution Authorizing Access to Sales and Use Tax Records. Staff Recommendation: Approve Resolution No. 2002 -2008, updating the list of City positions that are authorized access to confidential sales and use tax records, and rescinding Resolution No. 95 -1108. H. City of Moorpark General Plan Annual Report including Housing Element Progress Report - September 2001 to August 2002. Staff Recommendation: 1) Receive and file the report; and 2) Direct staff to forward a copy of this report to: Governor's Office of Planning and Research, State Department of Housing and Community Development, and County of Ventura Planning Division. I. Consider California Law Enforcement Equipment Program ( CLEEP) Expenditures. Staff Recommendation: Approve purchase of listed equipment with CLEEP funds. ROLL CALL VOTE REQUIRED J. Consider Issues Relating to 323 Casey Road Regardinc Grading, Retaining Walls and Driveway Installation. Staff Recommendation: Receive and file the report. K. A Resolution Designating the Intersection of Millard Street and Roberts Avenue to be a Stop Intersection and Directing the Placement of STOP signs at all Entrances Thereto. Staff Recommendation: Adopt Resolution No. 2002 -2009. The following items were pulled from the Consent Calendar for individual consideration: H. City of Moorpark General Plan Annual Report includin Housing Element Progress Report - September 2001 to August 2002. Staff Recommendation: 1) Receive and file the report; and 2) Direct staff to forward a copy of this report to: Governor's Office of Planning and Research, State Department of Housing and Community Development, and County of Ventura Planning Division. Minutes of the City Council Moorpark, California Paqe 15 September 18, 2002 Mr. Hogan clarified that the following changes requested by Mayor Pro Tempore Mikos would be incorporated into the report prior to being submitted to the State: • Pg. 272, paragraph that begins "The North Park Village ", 2" sentence, should read would require a General Plan Amendment, and may include an extension of the City's Urban Restriction Boundary, which requires voter approval." • Pg. 273, under "Circulation Element" as part of the S.O.A.R. Measure relative to the Eastern Extension of Broadway Road, add a 2nd paragraph that "would restrict the eastern extension of Broadway Road to serve circulation needs for potential agricultural, open space or recreation uses in the portion of the planning area northeast of the city limits." • Pg. 273, 2nd to last paragraph, last sentence, change "multi- purpose" to "multi- use." • Pg. 274, same paragraph, 5th line down, change "multi- purpose" to ' %multi- use." Mayor Pro Tempore Mikos noted that the reasoning for the language change to "multi -use" was to improve the City's opportunities for outside funding. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to receive and file the report, as amended, and directed staff to forward a copy of the report to: Governor's Office of Planning and Research, State Department of Housing and Community Development, and County of Ventura Planning Division. The motion carried by voice vote 4 -0, Mayor Hunter absent. J. Consider Issues Relating to 323 Casey Road Regardinc Grading, Retaining Walls and Driveway Installation. Staff Recommendation: Receive and file the report. Mr. Hogan explained that the project started without permits. He stated that the portion of the driveway without the retaining wall requires an encroachment permit. He further stated that focus was placed on the permit process, not civil right issues. Minutes of the City Council Moorpark, California Page 16 September 18, 2002 In response to Mayor Pro Tempore Mikos, Mr. Hogan discussed the building permit process, noting that plans are not kept if permits are not issued and plan check expires. Mr. Brown stated he had reviewed the files and the applicant was advised that a grading permit was needed. Councilmember Millhouse stated that the process can be frustrating; however, the City applies the same Code to everyone equally and intends to clarify the confusion with respect to this matter. He concluded by recommending that the City should look at whether the Code should be made more precise Councilmember Harper related his experience with the Code and building improvements to his backyard. Mayor Pro Tempore Mikos commented on her experience when building a new driveway. Mr. Kueny suggested that the Council receive and file the report and refer the matter to Mr. Hogan. CONSENSUS: It was the consensus of the Council to receive and file the report and refer the issues relating to 323 Casey Road regarding grading, retaining walls, and driveway installation to Mr. Hogan to resolve. AT THIS POINT in the meeting, Councilmember Millhouse left the dais. The time was 9:03 p.m. 12. ORDINANCES: A. Consider Ordinance No. 284, A Ordinance of the Cit Council of the City Of Moorpark, California, Approving Zone Change No. 2002 -01 to Change the Zoning Designation from CPD (Commercial Planned Development) to RPD -20 DU /AC (Residential Planned Development 20 Dwelling Units /Acre) for a 9.48 Acre Site (Assessor Parcel No. 506 -0- 050 -185 and a Portion of 506- 0 -050- 475) Located on Park Crest Lane at Park Lane, on the Application of USA Properties Fund. Staff Recommendation: Declare Ordinance No. 284 read for the second time and adopted as read. Minutes of the City Council Moorpark, California Page 17 September 18, 2002 Mr. Montes read the title of the ordinance. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to waive full reading of Ordinance No. 284. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to declare Ordinance No. 284 read for the second time and adopted as read. The motion carried by voice vote 3 -0, Councilmember Millhouse and Mayor Hunter absent. B. Consider Ordinance No. 285, An Ordinance of the City Council of the City of Moorpark, California, Adopting a Development Agreement between the City of Moorpark and Vintage Crest Senior Apartments, L.P., a California Limited Partnership (USA Properties Fund, Inc.). Staff Recommendation: Declare Ordinance No. 285 read for the second time and adopted as read. Mr. Montes read the title of the ordinance. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to waive further reading of Ordinance No. 285. The motion carried by voice vote 3 -0, Councilmember Millhouse and Mayor Hunter absent. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to declare Ordinance No. 282 read for the second time and adopted as read. The motion carried by voice vote 3 -0, Councilmember Millhouse and Mayor Hunter absent. Mr. Kueny clarified that the motion should have been to adopt Ordinance No. 285, not Ordinance No. 282. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to amend the motion by declaring Ordinance No. 285, not Ordinance No. 282, read for second time and adopted as read. The motion carried by voice vote 3 -0, Councilmember Millhouse and Mayor Hunter absent. 13. CLOSED SESSION: Mr. Kueny announced that Items 13.A. (one case), 13.F., 13.G., 13.H., and 13.J. on the agenda would be discussed in closed session. z sa F% .41 r- r- Ni-L.J" Minutes of the City Council Moorpark, California Page 18 September 18, 2002 MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adjourn to closed session to hear Items 13.A. (one case), 13.F., 13.G., 13.H., and 13.J. The motion carried by voice vote 3 -0, Councilmember Millhouse and Mayor Hunter absent. The time was 9:05 p.m. A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 511 -0- 050 -270, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and Colin Velazquez Under Negotiation: Price and terms of payment G. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 511 -0- 050 -080, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and Monte Louis Abbath Under Negotiation: Price and terms of payment H. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 506 -0- 042 -015, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and Bert and Placide Curts Under Negotiation: Price and terms of payment J. PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) Title: Administrative Services Director AT THIS POINT in the meeting, the City Council recessed to convene the Moorpark Redevelopment Agency closed session. The City Council reconvened into open session at 9:39 p.m. Mr. Montes announced that the facts and circumstances creating significant exposure to litigation, which facts and circumstances are known to potential plaintiffs, consist of the recent Court of Appeal decision in Rubin v. .. 0 -,.d 0 Minutes of the City Council Moorpark, California Paae 19 September 18, 2002 City of Burbank and an injunction barring the Burbank City Council from opening its meetings with "sectarian prayer." Following Mr. Montes's announcement, the Council reconvened into closed session. The time was 9:40 p.m. Present in closed session were Councilmembers Harper, Millhouse and Wozniak and Mayor Pro Tempore Mikos; Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; Joseph Montes, City Attorney; Ken Gilbert, Public Works Director; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. Mr. Gilbert left the closed session at 9:50 p.m. Councilmember Millhouse left the closed session at 10:00 p.m., prior to discussion of Item 13.F. The Council reconvened into open session at 10:06 p.m. Mr. Kueny stated that Items 13.A. (one case), 13.F., 13.G., 13.H., and 13.J. were discussed and there was no action to report. 14. ADJOURNMENT: Mayor Pro Tempore Mikos adjourned the meeting at 10:06 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk MINUTES OF THE CITY COUNCIL Moorpark, California April 16, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on April 16, 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 6:32 p.m. 2. PLEDGE OF ALLEGIANCE: Captain Richard Diaz led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Millhouse, Parvin, and Mayor Hunter. Councilmember Mikos arrived at 6:34 p.m. Staff Present: Hugh Riley, Assistant City Manager; 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; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Blanca Garza, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation for National Volunteer Week Mayor Hunter read the Proclamation and presented one copy to Mary Lindley, Community Services Director, and one to Captain Richard Diaz, Ventura County Sheriff's Department, in recognition of the many City of Moorpark volunteers, including Community Services Department and City Police volunteers. B. City Manager's Monthly Report. Mr. Riley introduced Mary Lindley, Community Services Director, who gave the monthly report. Minutes of the City Council Moorpark, California Paqe 2 April 16, 2003 She gave a brief overview of the following events /projects: • Ground breaking of Arroyo Vista Phase II scheduled for April 21St. • Spring Day Camp will kickoff on April 21St at Arroyo Vista Community Park. • Easter Egg Hunt is scheduled for April 19th at Arroyo Vista Community Park at 10 a.m. Activities include: Easter Egg Hunt, Pony Rides, Amusement Rides, Carnival Games, and Face Painting. • Recreation Staff is busy planning the Apricot Festival scheduled for May 9 -11 at Arroyo Vista Community Park. It is a very special event including a Midway Carnival. • The 20 -Year Anniversary Celebration is being planned in culmination with the 3rd of July Fireworks. She also reported on various sports leagues including: Winter Adult Basketball, Adult Softball League, Women 30+ League, Co -ed Volleyball League, Winter Youth Basketball League, and Special Olympics. Ms. Lindley stated that the Teen Programs are going strong and reported on the After Dark Dance, the Band Jam, and the Battle of the Bands. She reported on the recent Volunteer Recognition Event held by the Senior Center and mentioned they had 170 participants attend the dinner and entertainment. She added that the Senior Center was awarded approximately $9,000 from a Area on Aging Grant to provide various health screenings free of charge. She stated that the bocce ball courts have been completed at Tierra Rejada Park and will be dedicated on April 26. She concluded by reporting that the Serenada Trail continues to have problems in regard to dirt bike p r `, A r- Minutes of the City Council Moorpark, California Page 3 April 16, 2003 jumps going up that are being taken down as soon as they are discovered. She stated this issue might need to be looked at further to possibly provide a site for dirt bike use in a location that is not a sensitive natural habitat area. 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 7:23 p.m. The City Council meeting reconvened at 7:25 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Mikos requested Items 10.C. and 10.I. be pulled from the Consent Calendar. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter requested a future agenda item from staff by May 21, 2003, on options available for Council to consider facilitating moving traffic more efficiently on Tierra Rejada Road, from the State Route 23 off ramp to Spring Road, including synchronization of traffic signals. 8. PUBLIC HEARING: None. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider City Letter of Support on the Draft Summary Report of the County of Ventura Open Space District Advisory Committee ( OSDAC). Staff Recommendation: Direct staff to prepare a letter to the OSDAC for the City Manager's signature and final language approval including: The City Council's support of the Draft OSDAC Summary Report and requesting the revisions discussed in the agenda report. Ms. Traffenstedt gave the staff report. Councilmember Mikos concurred with staff's recommendation that language be added to recognize the Minutes of the City Council Moorpark, California Page 4 April 16, 2003 potential for restoring /enhancing natural habitat and she provided several recommendations on language revisions to the Purpose Statement and two of the Open Space Selection Criteria. In response to Councilmember Mikos, Ms. Traffenstedt agreed with the recommended revisions to the Purpose Statement and Open Space Selection Criteria and stated that the Advisory Committee was recommending some flexibility with regard to funding, including that there should be funding available that would not be tied to a specific region, to allow a good opportunity purchase to be made, when there is a willing seller. Councilmember Mikos concurred with the other staff recommendations in the agenda report. CONSENSUS: It was the consensus of the Council to direct staff to prepare a letter to the OSDAC for the City Manager's signature and final language approval, including the City Council's support of the Draft OSDAC Summary Report and requesting the revisions discussed in the agenda report and as recommended by Councilmember Mikos. Mayor Hunter concluded by commenting on Ms. Traffenstedt's participation on this panel and added that Ms. Traffenstedt represents the City in addition to her other responsibilities as the Assistant to the City Manager /City Clerk and in the past as the Acting Director of Community Development. He added that her Planning experience made her the logical choice to represent the City and has done it very capably and wanted to point it out to Council to acknowledge her as well as all staff for their ability to do more with less and all the work they do is work well done. 10. CONSENT CALENDAR: MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of Items 10.C. and 10.I., which were pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Special Joint Meetin of the City Council and the Planning Commission of Ma 8, 2002. G c"..�aA � Minutes of the City Council Moorpark, California Page 5 April 16, 2003 Consider Approval of Minutes of Special Joint Meeting of the City Council and the Planning Commission of February 26. 2003. Consider Approval of Minutes of Special Meeting of March 19, 2003. Consider Approval of Minutes of Special Meeting of April 2, 2003. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - April 16, 2003. Manual Warrants Voided Warrant Payroll Liability Warrants 112252 & 112391 - 112392 112269 112468 - 112474 $ 32,240.97 $ 1,803.00 $ (200.00) $ 7,958.22 Regular Warrants 112393 - 112467 & $ 51,329.19 112475 - 112479 & $ 140,812.08 112480 - 112507 $ 286,284.80 Staff Recommendation: Approve the warrant register. D. Consider Bond Reduction for JIN Industrial Investment, LLC, Located on the Easterly Side of Condor Drive. Staff Recommendation: 1) Authorize the City Clerk to reduce sureties #128830 and #128831 to 100; and 2) Authorize the City Clerk to fully exonerate surety for IPD 99 -04 one year after this approval of the reduction of surety bond and upon written confirmation from the City Engineer that no warranty work is required. E. Consider Bond Reduction for Special Devices, Incorporated, Tract 5004, Located East of the Intersection of the 23 Freeway and New Los Angeles Avenue. Staff Recommendation: 1) Authorize the City Clerk to reduce sureties #083S103531861BCM and #B2881823 to 100; and 2) Authorize the City Clerk to fully exonerate sureties one year after this approval Minutes of the City Council Moorpark, California Page 6 April 16, 2003 of the reduction of surety bond and upon written confirmation from the City Engineer that no warranty work is required. F. Consider Recordation of Quitclaim Deed of Easements for Disposal of Storm Water to Archstone Communities Project (RPD- 97 -1). Staff Recommendation: Approve the acceptance of the Quitclaim Deed of Easement and authorize the Mayor to sign and the City Clerk to record the Quitclaim Deed of Easement in the office of the Ventura County Recorder. G. Consider the Reduction of the Parkland Dedication Fees for the Affordable Unit in Tract Map No. 5181 (TR Partners). Staff Recommendation: Set the parkland dedication fee for the Tract No. 5181 affordable unit at sixty percent (600) of the market rate units. H. Consider Report of Annual Development Agreement Review, Established in Connection with West Pointe Homes, Located on the West Side of Walnut Canyon Road, Approximately 3,500 feet North of Casey Road, on the Application of William Lyon Homes, Inc. Staff Recommendation: 1) Accept the Community Development Director's Report and recommendation, and find, on the basis of substantial evidence, that William Lyon Homes, Inc. has complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. J. Consider Report of Annual Development Agreement Review, Established in Connection with 43.32 Acres of Land Located West of Gabbert Road, North of the Westerly Extension of Poindexter Avenue (A -B Properties and Southern California Edison Company). Staff Recommendation: 1) Accept the Community Development Director's Report and recommendation, and find, on the basis of substantial evidence, that A -B Properties and Southern California Edison Company have complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete for A -B Properties' Development Agreement and for Southern California Edison Company's Development Agreement. K. Consider Adoption of Resolution, Amending the Fiscal Year 2002/2003 Budget by Appropriating Additional Minutes of the City Council Moorpark, California Page 7 April 16, 2003 Older Americans Act (OAA) Grant Funds for Senior Center Health and Wellness Programs. Staff Recommendation: Adopt Resolution 2003 -2076 amending the FY 2002/2003 Budget by appropriating $4,200 in OAA grant funds for Senior Center Health and Wellness Programs. ROLL CALL VOTE REQUIRED The following items were pulled for individual consideration: C. Consider the 2003 Legislative Program. Staff Recommendation: Adopt the 2003 Legislative Program. Councilmember Mikos stated that she pulled this item for two reasons: to remind staff to always have the Legislative Program as a Presentation /Action/ Discussion item and to make language suggestions. She stated the Legislative Program should be discussed so the public may be made aware of its importance. In response to Councilmember Mikos, Mr. Riley and Mayor Hunter stated that there was no need to amend the platform statement No. 2.F. on stamped page 60. Councilmember Mikos also suggested adding language to at the end of platform statement 3.C. on stamped page 60 as follows: "...as long the legislation does not create less flexibility for using such funds for public transit." Mayor Hunter stated he did not agree with the proposed amendment and that greater flexibility is gained by not narrowing the scope of the item. Councilmember Millhouse stated he agreed with the Mayor. Councilmember Harper referenced legislation that limits all gas state and all vehicle license improvement construction. He Mikos did not want to see use local mass transit prohibited. an example of proposed taxes collected by the fees to only highway stated Councilmember Df gas tax revenues for Councilmember Parvin stated that she is comfortable with the way it is currently written and understands AC Minutes of the City Council Moorpark, California Page 8 April 16, 2003 it that way. She likes the flexibility of the current language. Councilmember Millhouse stated that he does not think the proposed language change provides greater flexibility for how local transportation funds are used. He stated that problems have not occurred in regard to positions being taken on legislation. In response to Mayor Hunter, Mr. Riley stated there have not been any changes from the 2002 Legislative Program to the 2003 Legislative Program. Councilmember Mikos suggested as an alternative that a new, separate item be added to the 2003 Legislative Program in regard to opposing legislation that would limit our ability to spend local transportation dollars on public transit. In response to Councilmember Mikos, Mayor Hunter stated that it would then be worded exactly the opposite of Item 3.C, "oppose legislation that provides narrower flexibility for the use of local transportation funds." He also added that the whole intent of the Legislative Program is to allow staff to react without Council approval on a pre- adopted program so they can send letters of support or opposition when there is insufficient time for the Council to meet and take a position. He stated the Legislative Program is philosophical and broad based and the lack of specificity with respect to Item 3.0 implies we oppose legislation that reduces our flexibility. Councilmember Mikos stated that she feels there is an interest by certain groups within the State to reduce public transit funds in support of road construction. She also stated that it may not be the Council's concurrence to protect those funds; however, she stated she wants to go on record as wanting to do something to protect those funds and that this is a reason to discuss this item in a public forum. Councilmember Millhouse commented that if a specific, significant piece of legislation comes forward, it will be addressed by the Council, and that he disagreed to some extent with Councilmember Mikos in Minutes of the City Council Moorpark, California Page 9 April 16, 2003 terms of everyone wanting to spend their transportation money on bus services instead of roads. Councilmember Harper proposed adding a new platform statement 3.F. stating: `Oppose legislation that would reduce our local share of transit funds intended for public transit." Mayor Hunter stated he does not oppose a new item, but that he does not want to create wording that limits or defines Council Policy through this document. He stated the Legislative Program is to enable staff to take a position on behalf of the City when specific direction is not provided. Councilmember Harper stated that the document has to reflect Council Policy, because we are directing staff to respond on behalf of the Council. He suggested the item be continued to allow additional time to draft language for the Council to consider. CONSENSUS: It was the consensus of the Council to continue this item to the May 7, 2003, meeting to allow Councilmember Mikos, Councilmember Harper and staff to develop revised language for the Council to consider. I. Consider Report of Annual Development Agreement Review, Established in Connection with Industrial Planned Development (TR No. 500411PD No. 95 -02) Special Devices, Incorporated (SDI). Staff Recommendation: 1) Accept the Community Development Director's Report and recommendation, and find, on the basis of substantial evidence, that SDI has complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. Councilmember Mikos stated that she pulled this item to ask a couple of clarifying questions. In response to Councilmember Mikos, Mr. Hogan confirmed that under stamped page 91, regarding reforestation, this only covers the landscaping around the interchange and does not deal with outstanding landscaping issues that have yet to reach resolution. He also confirmed that there are outstanding issues that have not yet been dealt with in regard to Minutes of the City Council Moorpark, California Page 10 April 16, 2003 drainage/ irrigation and verified that on stamped page 91, there is a typographical error that needs to be corrected to change 2002 to 2003. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to: 1) Accept the Community Development Director's Report and recommendation, as amended on page 91, and find on the basis of substantial evidence, that SDI has complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. The motion carried by unanimous voice vote. 11. ORDINANCES: None. 12. CLOSED SESSION: None was held. 13. ADJOURNMENT: MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 7:23 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk MINUTES OF THE CITY COUNCIL, PLANNING COMMISSION, AND PARKS AND RECREATION COMMISSION Moorpark, California Mav 17, 2003 A Special Joint Meeting of the City Council, Planning Commission, and Parks and Recreation Commission of the City of Moorpark was held on Saturday, May 17, 2003, beginning at the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Pro Tem Millhouse called the City Council meeting to order at 9:06 a.m. Chair Landis called the Planning Commission meeting to order at 9:06 a.m. Vice Chair Catrambone called the Parks and Recreation Commission meeting to order at 9:06 a.m. 2. PLEDGE OF ALLEGIANCE: None. 3. ROLL CALL: Councilmembers Present: Councilmembers Harper, Mikos, Parvin, and Mayor Pro Tem Millhouse. Councilmembers Absent: Mayor Hunter. Planning Commissioners Present: Commissioners DiCecco, Lauletta, Peskay, Pozza, and Chair Landis. Parks and Recreation Commissioners Present: Commissioners Thompson, Weisberger, and Vice Chair Catrambone. Parks and Recreation Commissioners Absent: Commissioner Pflaumer and Chair DeGuardi. l.Y •v �/' � sJ Minutes of the City Council, Planning Commission, and Parks and Recreation Commission Moorpark, California Paae 2 Mav 17, 2003 Staff Present: Steven Kueny, City Manager; Barry Hogan, Community Development Director; Mary Lindley, Community Services Director; Cynthia Borchard, Administrative Services Director; Walter Brown, City Engineer; David Bobardt, Planning Manager; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. 4. PUBLIC COMMENT: None. 5. PRESENTATION /ACTION /DISCUSSION: A. Tour of the North Park Specific Plan Project Site (General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01 and Zone Change No. 2001 -02 and the Moorpark Highlands Specific Plan Project Site (General Plan Amendment No. 1999 -01, Zone Change No. 1999 -01, Specific Plan No. 1995 -02, Residential Planned Development No. 2002 -01, Tentative Tract Map No. 5045). (Tour will depart from the Moorpark Community Center parking lot.) AT THIS POINT in the meeting, a recess was declared to depart for the tour. The time was 9:07 a.m. The joint special meeting reconvened at 9:25 a.m. at the Moorpark College Observatory parking lot (Stop 1). Vince Daly, representing the North Park Project applicant, was present to answer questions. Mr. Bobardt displayed an aerial photograph and discussed the North Park Project draft land use plan and project site boundaries. Access road locations were also discussed. The tour reached Stop II residential area, discussed the proposed and proposed location school site, and public the proposed North Park Phase at 10:00 a.m. Mr. Bobardt limits of the development area of the freeway access road, park. Minutes of the City Council, Planning Commission, and Parks and Recreation Commission Moorpark, California Paqe 3 May 17, 2003 The tour reached Stop 3, the northeast corner of the North Park project site, at 10:46 a.m. Mr. Bobardt discussed the land use plan and project limits from this perspective, looking down at the site and surrounding properties. AT THIS POINT in the meeting, Planning Commissioners Lauletta and Pozza left the tour. The time was 11:00 a.m. The tour reached Stop 4, the proposed new Moorpark College Observatory site within the North Park Specific Plan area, at 11:15 a.m. Mr. Bobardt discussed the areas of the site that would be developed, as viewed from this perspective. The planned observatory use was also briefly discussed. The tour reached Stop 5, the Moorpark Highlands Specific Plan Project site, at 11:40 a.m. James Bizzelle and James Beck, representing Pardee Homes, were present to answer questions about the proposed "D" Street connection to a proposed State Route (SR) 23 extension through the Moorpark Highlands Specific Plan area. Mr. Beck described the potential location of the "D" Street connection and the SR -23 bypass, including preliminary alignment and profile. Mr. Brown explained that Caltrans would need to approve design exceptions for the "D" Street and SR -23 bypass proposal. The distance between the Varsity Park homes on College Heights Drive and Clemson Street and the proposed "D" Street and SR -23 bypass corridor was discussed. 6. ADJOURNMENT: CONSENSUS: The consensus of the City Council, Planning Commission, and Parks and Recreation Commission members present was to adjourn the special joint meeting at Stop 5, the Moorpark Highlands Specific Plan site. Chair Landis adjourned the Planning Commission meeting at 12:15 p.m. Minutes of the City Council, Planning Commission, and Parks and Recreation Commission Moorpark, California Paqe 4 May 17, 2003 Vice Chair Catrambone adjourned the Parks and Recreation Commission meeting at 12:15 p.m. Mayor Pro Tem Millhouse adjourned the City Council meeting at 12:15 p.m. Kipp Landis, Chair Planning Commission Jonathon Quentin DeGuardi, Chair Parks and Recreation Commission Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk (�A F? A\ A9 ►'"i A MINUTES OF THE CITY COUNCIL Moorpark, California Mav 21, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on May 21, 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 7:10 p.m. 2. PLEDGE OF ALLEGIANCE: Walter Brown, City Engineer, 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; Mike Mathews, Senior Management Analyst; John Hartnett, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Presentation of Awards to the Moorpark High School Academic Decathlon Team and Coach. Mayor Hunter deferred the presentation to allow time for the team and coach to arrive from a reception held in their honor at Moorpark Unified High School. B. City Manager's Monthly Report. Mr. Kueny introduced Cynthia Borchard, Administrative Services Director, who gave the monthly report. Ms. Borchard reported on activities of the Administrative �, f, .t➢ is n Minutes of the City Council Moorpark, California Paqe 2 Mav 21, 2003 Services Department including preparation of the draft budget with a workshop proposed for May 28th; various services provided to the public and other City departments; on -going tasks in General Services such as procurement, copying, communication services, and information services; General Accounting procedures such as cash management, accounts receivable, accounts payable, payroll, and financial reporting; recent projects including continued work on the Fixed Asset Inventory, and compliance with GASB -34 to value all infrastructure and re -state the City's Financial Statement; the arrival of auditors in June to begin the 2002/2003 Fiscal Year audit; a forthcoming GIS proposal to provide access to mapping capabilities for staff and the public; completion of Phase 1 of the webpage redesign to launch at the end of the Fiscal Year and starting next Fiscal Year, Phase 2, with special features for on -line registration and purchasing; the auction of surplus items worth $15,000; and the recruitment of an Account Technician to bring the department to full staff. 5. PUBLIC COMMENT: Joseph Catrambone, a Moorpark resident, stated that off - road dirt bike riding in the Flood Control Channel behind Cambridge Street, at Happy Camp, and on the Pardee property, is getting worse; the Police Department responds, but does not have a vehicle that can access the affected areas; and a solution is needed to curtail this activity. In response to Mayor Hunter, Diaz is working on this Councilmember Mikos' request. Mr. Kueny stated that Captain problem in response to Captain Diaz stated that this is an on -going problem; the Pardee development property owner has authorized the Police Department to act as its agent; the law requires one warning contact to offenders and then upon a second offense an arrest results; current known offenders have been notified by letter; and the Police Department's motorcycle team will be on -site to remediate the problem. Councilmember Mikos stated that she and Mr. Catrambone can give Captain Diaz information on the most likely times when offenders can be caught. She commented that the County may Minutes of the City Council Moorpark, California Page 3 May 21, 2003 have to become involved, as the Happy Camp area is not within the City limits. Barbara Kerkhoff, a Somis resident representing "Save Our Somis", reported on the group's successful lawsuit against Caltrans resulting in a court decision that Caltrans will have to do a full Environmental Impact Report (EIR) for the proposed work at the corner of State Routes 118 and 34. She provided the Council with copies of the judge's ruling stating that the project is not a stand -alone project and cannot be viewed without taking into account all projects along State Route 118. She thanked the Council for their past involvement in requesting the EIR. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:27 p.m. The City Council meeting reconvened at 7:32 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Millhouse reported on Caltrans work in response to requests to repair off -ramps from the State Route 23 Freeway. Councilmember Mikos thanked the Council for their support in a letter sent to the Governor in regard to allowing the Santa Monica Mountains Conservancy Advisory Committee to continue to meet in lieu of new rules. Councilmember Mikos announced an eight mile hike to the top of Big Mountain on Saturday, May 31, 2003, sponsored by the Santa Monica Mountains Conservancy. Councilmember Parvin acknowledged the Moorpark Rotary Club for being honored by the Chamber of Commerce with a tourist award for their Civil War reenactment. She further recognized the growing interest in other Moorpark tourist sites such as the Theater on High Street, Moorpark College Zoo, and the Secret Garden restaurant. 04 Minutes of the City Council Moorpark. California Paae 4 Mav 21, 2003 8. PUBLIC HEARING: A. Consider Resolution Establishing a `Permit Only Parking Zone" in Certain Residential Neighborhoods in the Vicinity of Moorpark College. Staff Recommendation: Adopt Resolution No. 2003 -2085. Mr. Gilbert gave the staff report. He corrected the statement on Stamped Page 2. Section I. to reflect that the all City costs will be recovered for this particular event, since the event sponsor is picking up the cost; however, there is no commitment for future events. Mr. Gilbert stated that it is staff's position not to impose the restriction on parking by putting up the Permit Only Parking Signs, unless requested to do so by the College when the expectation is that the event sponsor would be paying for the cost. In response to Council, Mr. Gilbert stated that the affected residents have received parking permits to place in their car window; no negative phone calls have been received by the City regarding this restriction; event sponsors will be deploying the signs and the estimated cost to them would be approximately $200 -$300 for an encroachment permit for street closures, printing the signs, and postage; and the City will be relying on the College to anticipate events which will necessitate implementing this temporary parking restriction. In response to Council, Captain Diaz stated that a Moorpark Police Department motorcycle officer will be on duty the final day of the event; the Chief of the Moorpark College Police indicates they will have sufficient law enforcement officers on site who are capable of enforcing traffic and authorized to cite on city streets. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Mayor Hunter closed the public hearing. Minutes of the City Council Moorpark, California Page 5 May 21, 2003 MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2003 -2085. The motion carried by unanimous voice vote. AT THIS POINT in the meeting the Moorpark High School Academic Decathlon Team arrived and Mayor Hunter announced that the agenda would return to Item 4.A. 4. PROCLAMATIONS AND COMMENDATIONS: A. Presentation of Awards to the Moorpark High School Academic Decathlon Team and Coach. Mayor Hunter presented plaques recognizing Coach Larry Jones and each member of the 2003 Moorpark High School Academic Decathlon Team as National Champions. Mr. Jones introduced the members of the team as: Adam Abed, Max Geiger, Lindsay Hebert, Paul Ideal, Nathaniel Jones, Kevin Randolph, Ashlee Scott, Grant Volk, and Tracy Yagi. He highlighted the team's many accomplishments. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Resolution Approving the Preliminary Assessment Engineer's Report, the Parks and Recreation Maintenance and Improvement Assessment District Levy Amount, and Setting the Date for the Public Hearing for June 4, 2003. Staff Recommendation: Adopt Resolution No. 2003 -2086. Ms. Lindley gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2003 -2086. The motion carried by unanimous voice vote. B. Consider Traffic Signal Coordination on Tierra Rejada Road. Staff Recommendation: Direct staff to undertake the efforts described in Section E of the agenda report. Mr. Gilbert gave the staff report. Minutes of the City Council Moorpark, California Paqe 6 May 21, 2003 In response to Council, Mr. Gilbert stated that the source of funds for this project would be from the Tierra Rejada Road /Spring Road Area of Contribution; there will be minimal cost, which will include staff time to install the new programs, coordinate functioning, and monitor the synchronization of the clocks once a month; the timing will favor east /westbound traffic; and if the manual implementation is not successful, staff will return to Council with a performance report. Mayor Hunter stated that the current conditions are very frustrating to drivers who are stopped by every signal; the Miller Parkway signal is too sympathetic to north /south traffic; and he concurs with Councilmember Harper that the signals need to favor east /west traffic on Tierra Rejada Road. Councilmember Millhouse questioned whether it would not be better, since the cost is minimal, to try out a system known to have an improvement impact rather than waiting several months trying to adjust the timing manually. Councilmember Harper stated that the timing of the clocks should not drift significantly and with practically no cost at all, he feels they should try staff's recommendation. Councilmember Millhouse and Mayor Hunter stated they were willing to give the manual adjustments a try with the stipulation that staff will report back to the Council in 30 days on the effectiveness of the system along with a recommendation on how to proceed. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Harper and Councilmember Mikos seconded a motion to: 1) Install revised coordinated signal timing, without synchronized clocks, favoring the east -west traffic with monitoring for effectiveness, and 2) Report back to Council in 30 days on the effectiveness of the signal timing. The motion carried by unanimous voice vote. All rye sir .� '.l _ , 0 r Minutes of the City Council Moorpark, California Page 7 May 21, 2003 C. Consider Resolution Establishing Two Hour Parking Zones on a Portion of Walnut Street North of High Street. Staff Recommendation: Adopt Resolution No. 2003 -2087. Mr. Gilbert gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2003 -2087. The motion carried by unanimous voice vote. D. Consider Adoption of a Resolution of Intent Directing the Planning Commission to Study, Hold a Public Hearing and Provide a Recommendation on a General Plan Amendment to Add to the Circulation Element Highway Network an Extension of High Street between Moorpark Avenue and Gabbert Road as a Local Collector. Staff Recommendation: Adopt Resolution No. 2003 -2088. Mr. Hogan gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Councilmember Millhouse stated that since this is just a study of the Circulation Element and it never hurts to study the various options, he would support the staff recommendation. He did express concern with the need for and cost of a High Street extension. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to adopt Resolution No. 2003 -2088. The motion carried by unanimous voice vote. E. Consider State Route 118 Safety Report Pertaining to the Possible Establishment of Restrictions on Non- Local Truck Traffic on Route 118 Between Route 123 and Route 232 (Vineyard). Staff Recommendation: 1) Direct staff to not proceed with the development of an application for a truck restriction on Route 118; 2) Direct staff to send a letter to the California Highway Patrol requesting increased enforcement at the existing truck inspection stations on Route 118; and Minutes of the City Council Moorpark, California Paqe 8 May 21, 2003 3) Direct staff to send a letter to Caltrans requesting that the proposed construction of new truck inspection stations on Route 118 be undertaken as soon as possible. Mr. Gilbert gave the staff report and stated that Tony Velasquez, consultant from Parsons is available for questions. Discussion among the Council followed stating disappointment that the study performed by Parsons did not uncover any safety issues which would warrant proceeding with the application for a truck restriction; expressing reluctance to give up trying to find a solution to limiting truck traffic within the City; and offering additional suggestions for study. In response to Councilmember Mikos, the consultant's civil engineer with expertise in environmental issues, Conrado Ayala, stated that it is very unlikely that any truck surface spills would percolate to the depth of the aquifer and cause contamination of potable water near the Calleguas Creek watershed. In response to Councilmember Mikos, Mr. Ayala, stated that the air model used to identify emissions related to trucks determined that 2.10 of the ambient air contained diesel particulate matter, which is not considered significant by the Environmental Protection Agency. Councilmember Millhouse recommended that the Council focus on what can be done, including: 1) Asking the public to email any of their ideas to the City; 2) Increasing California Highway Patrol (CHP) truck inspections to 24 -hours a day, 7 -days a week or at least preclude trucks from getting around an inspection; 3) Installing a western weigh station once the 2003/2004 state budget is approved; and 4) Scheduling a committee meeting with local truck operators, including the gravel operators, to ask them to control schedules to avoid the peak traffic hours within the City. Councilmember Harper stated that another issue to consider would be the impact of trucks coming from CIA F•�F�.!f ►"i Minutes of the City Council Moorpark, California Paae 9 Port Hueneme, which is away from the Port of traveling through Somis, further indicated that become involved with the at their environmental local community. Mav 21, 2003 taking containerized traffic Los Angeles and onto trucks Moorpark and Simi Valley. He it may benefit the City to Port Authority to take a look documents for impacts on the Councilmember Millhouse reported that he would request the Ventura County Transportation Commission (VCTC) report on what traffic is coming into Port Hueneme and where it is going; there are plans to add an additional rail line on that route; and if the rest of the nation is getting their product through Port Hueneme it is unfair to expect Moorpark to bear the burden of that increased traffic. Mayor Hunter stated that the Parsons report was very thorough; presented a very honest assessment of the situation; and concluded the City has no current hope of prevailing in using safety issues as a means of eliminating truck traffic on State Route 118 within the City. Councilmember Parvin stated the City should pursue a permanent truck stop in or west of Moorpark to encourage trucks to use the State Route 101; some other circulation patterns need to be created allowing the City's population to avoid the truck routes, such as "D" Street; and the use of the train system should be encouraged for moving product through the area. John F. Kerkhoff, a Somis resident and engineer, stated that he has some concerns regarding the accuracy of numbers used in the Parsons study. He questioned the numbers obtained from Caltrans showing a 19% decrease in the number of trucks using the State Route118 freeway and that the air quality particulate matter is 182 times worse in Thousand Oaks and Simi Valley than in Moorpark. Mr. Velasquez responded that the numbers were obtained, not only from Caltrans, but also from the CHP, which is much more accurate; and went on to emphasize that an application to ban truck traffic would still have to show safety reasons. Minutes of the City Council Moorpark, California Page 10 May 21, 2003 Councilmember Harper offered Mr. Kerkhoff his copy of the Parsons report and asked him to let the Council know if any of the numbers are incorrect. Councilmember Mikos stated that if the Council is going to pursue all sources for assistance in paying for another inspection station, it may be beneficial to have data available that compares the number of trucks using the State Route 101 inspection station versus the inspection station in Moorpark and how those numbers have changed over the years; and she is supportive of any measures that will encourage moving product by rail. MOTION: Councilmember Millhouse moved and Mayor Hunter seconded a motion to: 1) Direct staff to forego development of an application for a truck restriction on Route 118; 2) Direct staff to send a letter to the California Highway Patrol requesting increased enforcement at the existing truck inspection stations on State Route 118 and identification of what the current enforcement hours are, along with the cost and source of funds for any increase in hours; and 3) Direct staff to send a letter to Caltrans requesting that the proposed construction of new truck inspection stations on State Route 118 be undertaken as soon as possible. Councilmember Harper requested an amendment to the motion to include direction for staff to report back to Council on the entire issue of Port Hueneme impacts on the surrounding community; how the City can be involved with the Port Authority; and how a copy of the environmental document used when the port expansion was considered can be obtained. AMENDED MOTION: Councilmember Millhouse moved to amend the motion and Mayor Hunter seconded the amendment to include: 4) Direction for staff to report back to Council on Port Hueneme impacts on the entire surrounding community; how the City can be involved with the Port Authority; and how a copy of the environmental document, used when the port expansion was considered, can be obtained. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Paqe 11 May 21, 2003 F. Consider Approval of a Youth Scholarship Program for Recreation Services. Staff Recommendation: Approve the Community Services Department's Youth Scholarship Program as outlined in the agenda report. Mr. Harnett gave the staff report. In response to Mayor Hunter, Mr. Hartnett confirmed that only the concept of a Youth Scholarship Program is under consideration. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to approve the Community Services Department's Youth Scholarship Program as outlined in the agenda report. The motion carried by unanimous voice vote. AT THIS POINT in the meeting Mayor Hunter announced that Items 9.G. and 9.H. would be considered together. G. Consider Proposed Operating and Capital Improvements Budgets for the Fiscal Year 2003/2004. Staff Recommendation: Set budget workshop for May 28, 2003. H. Consider Mission Statement, Priorities, Goals and Objectives for Fiscal Year 2003/2004. Consider the priorities, goals and objectives on May 28, 2003. Mr. Kueny gave the staff reports. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. CONSENSUS: It was the consensus of the Council to set May 28, 2003, at 6:30 p.m. for a budget workshop along with consideration of the priorities, goals and objectives for Fiscal Year 2003/2004. 10. CONSENT CALENDAR: MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California Page 12 May 21, 2003 A. Consider Approval of Minutes of Regular Meeting of June 19, 2002. Consider Approval of Minutes of Regular Meeting of March 19, 2003. Consider Approval of Minutes of Special Meeting of April 9, 2003. Consider Approval of Minutes of Special Meeting of Ma 7, 2003. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - Mav 21, 2003. Manual Warrants Voided Warrant Payroll Liability Warrants 112607 - 112217 & 112666 112725 - 112729 $ 0.00 $ (672.00) $ 2,552.49 Regular Warrants 112732 - 112840 & $ 27,493.53 112841 - 112876 $ 662,926.40 Staff Recommendation: Approve the warrant register. C. Consider Approval of Resolution Directing the Placement of "No Stopping" Signs on Gisler Road between Poindexter Avenue and Reyes Street. Staff Recommendation: Adopt Resolution No. 2003 -2089. D. Consider Award of Contract for the 2003 Slurry Seal Project. Staff Recommendation: Approve the award of construction contract to Roy Allan Slurry Seal, Inc. for the construction of the subject project. E. Consider Adoption of Resolution, Amending the Fiscal Year 2002/2003 Budget by Appropriating Older Americans Act Grant Funds for Senior Center Support and Elder Rights Protection Activities. Staff Recommendation: Adopt Resolution No. 2003 -2090. ROLL CALL VOTE REQUIRED Minutes of the City Council Moorpark, California Page 13 May 21, 2003 11. ORDINANCES: None. 12. CLOSED SESSION: None was held. 13. ADJOURNMENT: MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 8:45 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk MINUTES OF THE CITY COUNCIL Moorpark, California June 4, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on June 4, 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 6:50 p.m. 2. PLEDGE OF ALLEGIANCE: Hugh Riley, Assistant 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; Nancy Burns, Senior Management Analyst; John Brand, Senior Management Analyst; Kim Chudoba, Senior Management Analyst; John Hartnett, Recreation Manager; Paul Porter, Principal Planner; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Introduce new City Employee, Shaun Kroes, Community Services Technician. Mayor Hunter introduced Shaun Kroes, Community Services Technician and welcomed him to the City staff. Minutes of the City Council Moorpark. California Pacie 2 June 4, 2003 5. PUBLIC COMMENT: Joseph F. Catrambone, a Moorpark resident, thanked the Council, Moorpark Police Department, and staff for their help in curtailing the dirt bike riding activity near his home. Michael Ellis, a Moorpark resident, expressed concern about parking ticket revenues having become more important in the City than community relations; and complained about parking tickets given to guests attending a wedding at his home. Mayor Hunter asked Mr. Ellis to stay and speak to Captain Diaz regarding the incident. Stephanie Angelini, a Westlake Village resident, spoke on behalf of the Theater on High Street, which is offering concerts and children's matinees. She stated that the theater is also available to rent for special occasions; and the Gold Coast Theater Conservatory, of which she is a member, will be providing theater classes to children at the Theater on High Street throughout the summer. Kenneth A. Lichtig, representing the Moorpark Baha' Community, invited Council and the Moorpark community to attend the 5th Annual Race Unity Celebration to be held in Oxnard on June 14th from 12 -4:00 p.m. 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 7:05 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Hunter requested Item 10.K. be pulled from the Consent Calendar to be considered prior to Public Hearings. Councilmember Mikos requested that Item 10.A. be pulled from the Consent Calendar. Mr. Kueny requested Item 9.B. be continued to July 2, 2003. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: None. Minutes of the City Council Moorpark, California Page 3 June 4, 2003 AT THIS POINT in the meeting, Item 10.K. was considered. 10. CONSENT: K. Consider Request from Roam'n Relics Car Club to Hold Car Show on October 26, 2003 from 8 a.m. to 3 p.m. on High Street and Pay Reduced City Fees for the Event. Staff Recommendation: 1) Waive fee for use of Redevelopment Agency property, charge Club the contract billing rate for police charged by the County of Ventura, and charge Club the direct cost of other staff to plan the event; 2) Require Club to pay an encroachment permit fee ($100) and a temporary use permit fee ($88); and 3) Require Club to provide the City and Agency with an indemnification agreement and name the City and Agency as additional insureds in the Club's insurance policy. In response to Mayor Hunter, Mr. Kueny confirmed that this is a similar request to that of previous years. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers for this item. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to: 1) Waive the fee for use of Redevelopment Agency property, charge the Club the contract billing rate for police charged by the County of Ventura, and charge the Club the direct cost of other staff to plan the event; 2) Require the Club to pay an encroachment permit fee ($100) and a temporary use permit fee ($88); and 3) Require the Club to provide the City and Agency with an indemnification agreement and name the City and Agency as additional insureds in the Club's insurance policy. The motion carried by unanimous voice vote. 8. PUBLIC HEARING: A. Consider Commercial Planned Development Permit No. 2002 -01 for Construction of Three Commercial Buildings on a 2.29 Acre Parcel Located Northeast of the Northeast Corner of New Los Angeles Avenue and Spring Road, on the Application of GreeneWay Development, Inc. Staff Recommendations: 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 Minutes of the City Council Moorpark, California Paqe 4 June 4, 2003 Resolution No. 2003 -2091 approving Commercial Planned Development Permit No. 2002 -01. Mr. Hogan gave the staff report. In response to Council, Mr. Hogan stated that there are no plans to relocate the driveway on New Los Angeles Avenue; the building cannot be adjusted back on the site due to parking /circulation arrangements; and in anticipation of the future Capital Improvement Project where two southbound left turn lanes and a raised median on Spring Road will be installed, this project will be precluded from left -hand turns into or out of the project onto Spring Road. A discussion followed among the Councilmembers and staff regarding the viability of the center if left turn ingress /egress is prohibited; traffic flow within the center and on adjacent streets; and the capacity of the parking area and competition for parking between tenants. Mr. Kueny stated that during their approval processes, McDonald's and Blockbuster were advised that left turn ingress /egress would be prohibited. Mr. Hogan stated that this is a difficult site due to the previous piecemeal development; the project more than meets the Parking Ordinance requirement for number of spaces; the tenant uses proposed for the center include a dentist, a restaurant, dry cleaners, possibly a bakery, and a day spa; and in regard to the recommendation to provide an easement, the City will approach the apartment property owner to obtain an Irrevocable Offer of Dedication of the easement to the City, which if successful, would be returned to the property to create reciprocal access with the shopping center and allow improved access to Spring Road. Mayor Hunter opened the public hearing. John Newton, representing GreeneWay Development, 165 High Street, Suite 103, Moorpark, introduced Larry Greene, developer; Mark Pittman, architect; and Kevin Williams, civil engineer for the project, as available for questions. Mr. Newton provided a history of the site plan dating back to 1986; expressed concern that Minutes of the City Council Moorpark, California Paqe 5 June 4, 2003 the Traffic System Management (TSM) fee required for this project is considerably higher than that paid by McDonald's or Blockbuster Video; questioned the National Pollutant Discharge Elimination System ( NPDES) requirement that this project is to inherit storm water from the other two sites and the requirement to treat and remove it; requested that the new Condition No. 16 be removed, as the driveway was originally constructed to City specifications and should not be the applicant's responsibility to change; stated that the applicant is agreeable to the left turn restrictions on the site; and asked that the determination for on -site internal circulation be left to the developer and tenants. In response to Council, Mr. Newton stated that the apartment property owner has refused the applicant's offer for reciprocal access; the design for the project will be such that the driveway can be built; reciprocal parking and driveway easements are contained throughout the project; and the size of trees to be planted will be left to the approval of the Community Development Director. In response to Councilmember Millhouse, Mr. Kueny stated that Caltrans has not sought to alter egress from the apartment site; however, at some point, as the traffic increases on New Los Angeles Avenue, a signal light may be considered; and in the meantime, the existing left turn movements would remain. In response to Councilmember Millhouse, Mr. Kueny stated that the TSM fee is based upon the threshold for the larger size of this project, while the smaller projects of McDonald's and Blockbuster fell below the requirement. In response to Councilmember Millhouse, Mr. Brown stated that moving the Spring Road driveway further north would not solve the problem of turning radius and the applicant would have to eliminate part of the development; NPDES regulations have been tightened since McDonald's and Blockbuster were built; and the Clean Water Act applies to all drainage, including existing facilities, even though it is focused on the applicant applying for the new permit. Minutes of the City Council Moorpark, California Paqe 6 June 4, 2003 In response to Councilmember Mikos, Mr. Kueny stated that he is confident the concern about the NPDES compliance can be worked out; the new development, being the largest of the three pieces in the center, is incurring a larger fee; and it may be possible to form an assessment district to guarantee shared responsibility. Mr. Greene described the tenant mix for the center to include a full service, high -end spa; a local dentist, an anticipated medical use, a dry cleaner, a restaurant use facing the courtyard and possibly a bakery, a 1 -hour photo shop, and a frame gallery. A discussion followed between the Council and staff focusing on Condition No. 16. and included the suggestion that the driveway reconfiguration be delayed until the Los Angeles Avenue Street Widening Project so that the City can work with Caltrans to make the adjustments, versus having the applicant pay to correct what was previously approved. Mr. Kueny suggested that an offer could be made to give the developer credit towards Los Angeles Area of Contribution (LA -AOC) fees for the cost of reconfiguring the driveway. Councilmember Harper continued to express concerns regarding the internal circulation and lack of parking. He offered ideas for reconfiguring Building C to alleviate congestion to the east. A discussion followed between the Council and staff regarding the left turn ingress /egress to the site and focused on vehicles exiting the site and making a u- turn at Spring Road to travel eastbound on New Los Angeles Avenue to get to State Route 23; the widening of Spring Road accommodating vehicles exiting the site and making a u -turn at Roberts Avenue to travel southbound on Spring Road; and the option of yet another u -turn at Flinn Avenue. In response to Councilmember Millhouse's concerns about the viability of the center due to ingress /egress limitations and his suggestion for removing some parking to allow the Spring Road driveway to be moved 100 -feet to the north, Mr. Hogan Minutes of the City Council Moorpark, California Page 7 June 4, 2003 stated that moving the driveway would create a difficult maneuver and stacking would be exacerbated for southbound left turns. In response to Councilmember Parvin's concerns regarding the challenges for the project if the easement is not granted to connect to the residential property to the east, Mr. Kueny stated that regardless of the easement, the overall circulation must be considered and staff is recommending no left turn egress onto Spring Road; ingress could be accommodated for southbound traffic; and that the applicant should make the on site accommodations while the City negotiates with the apartment property owner for the easement. In response to Mayor Hunter, Mr. Hogan clarified that the applicant is conditioned to provide the City with an Irrevocable Offer of Dedication of an easement for reciprocal access to the adjacent residential site; and satisfies this condition by signing the agreement. Mr. Kueny further clarified that since this is not a public access, the agreement between the City and the apartment property owner would be a private agreement with covenants and easements between the two pieces of property; and the applicant would make the adjustments on site to accommodate the connection to the other side, in the event the easement is obtained. Councilmember Millhouse recommended the item be continued for redesign to move the buildings, allowing left -turn egress from the site onto Spring Road to facilitate alternatives for getting back to State Route 23. Mr. Newton stated that the applicant is willing to work with the restricted left turn egress; and at the time the improvements are made to Spring Road for left turn lanes and a median on Los Angeles Avenue is installed, the Council may hear from Blockbuster, StarBucks, McDonalds, and this applicant. Mr. Greene reported that at a meeting with the other property owners and Blockbuster and Starbucks representatives, opposition to the prohibition of left turn egress was expressed. He reiterated his position Minutes of the City Council Moorpark, California Page 8 June 4, 2003 that restricted left turns from his property onto Spring Road will not be detrimental for his project and he would not be objecting to the condition. A discussion continued among the Councilmembers and staff regarding the various possibilities for improving the egress from the site, resulting in the majority opinion to prohibit left -turn egress at Spring Road. A discussion followed among the Councilmembers and staff regarding the disparity in the percentage the applicant is paying for the air quality mitigation fee compared to those paid by McDonald's and Blockbuster. Mr. Hogan assured the Council that the fee calculation resulted from the current Air Quality Management District formula, which is the same used on two recent Council approvals for the M &M facility and the Cypress Land Development. CONSENSUS: It was the consensus of the Council to remain consistent in calculating the air quality mitigation fee and to charge this applicant accordingly. A discussion followed among the Councilmembers and staff regarding the courtyard design, specifically the faux second story elevations and enhancement to the trellis feature to create a more substantial focal point; the internal circulation and alternatives for removing congestion at Starbucks and Blockbuster; the provision for pedestrian pathways; overflow parking; whether any parking spaces will be restricted for reciprocal use; and the right tenant mix having positive impacts on reciprocal parking. Mr. Greene stated that to make sure that the tenants are successful, there are no restrictions on parking anticipated, but modifications to leaseholder agreements may include some adjustments as situations unfold and he would prefer to remain flexible. He further stated that reciprocal parking between all three properties is beneficial. In response to Mayor Hunter's concerns regarding the trash container, Mr. Hogan stated that the site could accommodate moving it further to the west behind the Y'..rv��OW Minutes of the City Council Moorpark, California Page 9 June 4, 2003 units and to add landscaping to shield it from public view. In response to Councilmember Parvin, Mr. Greene stated that the courtyard is anticipated to be the focal point for the entire center; staff concurred that the trellis treatment was appropriate; her request that stepping stones be added to the landscaped walkways is possible; however, he cautioned that the project has been conditioned to plant as much grass as possible (which stepping stones would displace) to provide the bio- filtration system needed to comply with NPDES requirements. In response to Councilmember Mikos, Mr. Hogan stated that staff will be working with the landscape architect on the selection of trees for the site; there is no intent to replace trees already on site; and the city's Landscape Guidelines have been reviewed with the consultant and will be presented to the Council for approval in the near future. In response to Councilmember Harper's comments regarding the lack of articulation on the elevations, Mr. Greene stated that the project has undergone seven months of revisions in regard to embellishments to the architectural detail; staff has recommended that the project blend in with the two existing buildings; and faux second story elements replace actual second story units due to parking requirements. In response to Councilmember Harper, Mr. Hogan described some of the changes made to the elevations to enhance the articulation and concurred that two - story structures would not be feasible due to the parking limitations. In response to Councilmember Parvin, Mr. Hogan stated that staff will work with the applicant to achieve a more substantial look for the trellis location. Mayor Hunter closed the public hearing. MOTION: Councilmember Millhouse moved to: 1) Adopt the proposed Negative Declaration as sufficient environmental documentation; and 2) Adopt Resolution No. 2003 -2091 approving Commercial Planned Development Permit No. 2002- a F1A or A ?"y ✓.J_> —� Minutes of the City Council Moorpark, California Page 10 June 4, 2003 O1, as amended to eliminate Condition No. 16 requiring reconfiguration of the driveway and provide for left turn ingress into the project from Spring Road. There was no second. Councilmember Harper clarified that the alternative driveway configuration suggested by Mr. Kueny would serve the project better. Mr. Hogan reiterated that proposal, which would leave Condition No. 16 in place and give credit to the applicant toward the LA -AOC fee. Councilmember Parvin asked that her recommendations for enhancing the visual impact of the trellis location also be added to the conditions. Mayor Hunter concurred and asked that all the Council's recommendations be included in the motion. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to: 1) Adopt the proposed Negative Declaration as sufficient environmental documentation; and 2) Adopt Resolution No. 2003 -2091 approving Commercial Planned Development Permit No. 2002 -01, as amended to give credit to the applicant towards LA -AOC fees for the cost of reconfiguring the driveway; allow southbound left turn ingress from Spring Road; modify the trellis element to create a more substantial focal point; install stepping stones in the landscaping to create a walkway; and move the trash container located at the northeast corner of the site further west behind the units and provide landscape to shield it from public view. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, Mayor Hunter declared a recess. The time was 8:50 p.m. The meeting reconvened at 9:10 p.m. B. Consider Final Review and Chances to the Engineer's Report for Landscaping and Lighting Maintenance Assessment Districts and Adoption of a Resolution Confirming the Assessments for Fiscal Year 2003/2004. Staff Recommendation: 1) Adopt Resolution 2003 -2092; 2) Direct staff that, for certain Zones /Districts, the amount of the assessment to be levied upon the affected properties shall be a reduced amount as generally set forth in Section K of the agenda report; and 3) Direct staff to present to the City Council in aa?c�A I-1k A Minutes of the City Council Moorpark, California Paqe 11 June 4, 2003 November, 2003, a Resolution amending the Fiscal Year 2003/2004 Budget to fund certain Fund transfers necessary to eliminate actual FY 2002/2003 year -end Fund deficits for the Assessment District Funds. ROLL CALL VOTE REQUIRED Mr. Gilbert gave the staff report. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to: 1) Adopt Resolution 2003 -2092; 2) Direct staff that, for certain Zones /Districts, the amount of the assessment to be levied upon the affected properties shall be a reduced amount as generally set forth in Section K of the agenda report; and 3) Direct staff to present to the City Council in November, 2003, a Resolution amending the Fiscal Year 2003/2004 Budget to fund certain Fund transfers necessary to eliminate actual FY 2002/2003 year -end Fund deficits for the Assessment District Funds. The motion carried by unanimous roll call vote. C. Consider Resolution Approving the Final Assessment Engineer's Report for the Parks and Recreation Maintenance and Improvement Assessment District and Confirming the Levy Amount for Fiscal Year 2003/2004. Staff Recommendation: 1) Open the public hearing, receive testimony, and close the public hearing; 2) Approve the Engineer's Report; and 3) Adopt Resolution No. 2003 -2093. Ms. Lindley gave the staff report. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Mayor Hunter closed the public hearing. f1RN4 r- ,�, , -_,� j Minutes of the City Council Moorpark, California Paae 12 June 4, 2003 MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to: 1) Approve the Engineer's Report; and 2) Adopt Resolution No. 2003 -2093. The motion carried by unanimous voice vote. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Resolution to Chanae the Name of Los Anaeles Avenue Between the Present East End of High Street and the Route 118 Freeway to High Street. Staff Recommendation: Adopt Resolution No. 2003- , changing the street name with said action to become effective on May 1, 2004. Mr. Gilbert gave the staff report. In response to questions from Council, Mr. Gilbert stated that the street numbers would not change; there has been no other correspondence received other than the original letter from Kavlico Corporation; and those impacted by the name change have not been consulted regarding the May 1, 2004, implementation date. Councilmember Harper stated that as a member on the Transportation and Streets Committee, he supports the name change for safety reasons, as it has proved to be confusing for emergency response vehicles to have two Los Angeles Avenues. Councilmember Millhouse stated that as a member on the Transportation and Streets Committee, he has no further comments to add to the recommendation to move forward with the name change; however, he did want the Council to consider a different time frame for implementation, possibly to coincide with the next publication of the Thomas Brothers Guide. Christine May, a Moorpark resident affected by the street name change, spoke in opposition, citing the impacts to residents who will have to change their address on medical records, credit cards, etc. She stated that if a name change is approved, she would prefer Princeton Avenue, which is already the name of the off -ramp on the State Route 118 freeway; High Street should not be an option since it will cause Minutes of the City Council Moorpark, California Page 13 June 4, 2003 confusion for those exiting the freeway expecting to see the old part of town; or perhaps it could be called East High Street. John Newton, representing Kavlico Corporation, 165 High Street, Suite 103, Moorpark, spoke in opposition to the name change stating that this issue has existed for a long time; there has never been a direct route through town; the township of Moorpark has three -digit addresses, while the rest of town has five - digits; a High Street off -ramp will mislead people and it would be better to post historic signs to direct people to High Street; New Los Angeles Avenue seems to be the real problem, and perhaps it should be renamed Moorpark Economic Center Drive to identify the new commercial center where Target, Kohls and Cypress Land Company are to be located. He further stated that Kavlico represents over 1,400 employees; the city of Moorpark needs to help businesses not hinder their operations; and Kavlico has been a good contributor to the community, supporting the Boys and Girls Club with a $50,000 donation and contributions to Moorpark College and the Moorpark Unified School District. Bruce Tackman, President of Kavlico Corporation, 14501 Los Angeles Avenue, Moorpark, spoke in opposition to the name change, stating that changing the address on all business records would be a difficult task as they have over 1,400 employees; worldwide business relationships in over 47 countries; deal with 35,000 different contacts, suppliers and customers; and their cost for advertising in various languages is over a million dollars a year. Mr. Tackman asked the Council, in addition to the comments stated in his letter of May 7, 2003, to explore all other options before making a name change. A discussion followed among the Council and staff regarding the need to remove emergency response confusion to the four separate Los Angeles Avenues for safety reasons; the need for improved access and identification for High Street; the possibility of referencing High Street on the existing Caltrans freeway signage; posting a separate sign on the freeway for "Historical High Street "; considering a different name for New Los Angeles Avenue; and whether an implementation date of May 1, 2004, does not allow Minutes of the City Council Moorpark, California Page 14 June 4, 2003 enough time for those affected to make all of the necessary address changes. In response to Council, Mr. Kueny stated that Caltrans has already turned down a request to post signage for "Historical High Street" or to add High Street to an overhead freeway sign. Councilmember Harper stated that public safety is the biggest concern and at some point the city must address this issue. He went on to state that a one year lead -time for changing addresses should be sufficient. In response to Councilmember Mikos, Mr. Gilbert stated that the City of Simi Valley has not yet responded regarding a meeting to discuss changing the name of Los Angeles Avenue in Simi Valley. In response to Councilmember Parvin, Mr. Tackman stated he would need time to perform a feasibility study to determine the administrative costs and time it would take to change the company address. Councilmember Harper concurred with Councilmember Mikos' suggestion for a postponement to allow time to hear from Kavlico. In response to Councilmember Mikos, Mr. Kueny stated that staff can research how many addresses would be affected by a change to East Los Angeles Avenue and West Los Angeles Avenue along with a new name for New Los Angeles Avenue. He further stated that there is no future benefit for staff to spend additional time on this matter and asked the Council to set a date certain for this item to return. Mayor Hunter stated he did not want this item to return until Council is ready to make a decision. CONSENSUS: It was the consensus of the Council to remove this item from the calendar and reintroduce it when staff has sufficient information from Kavlico. B. Consider the Proposals for Geographic Information System (GIS) to Provide Computer Based Mapping and Data. Staff Recommendation: Accept the proposal from Minutes of the City Council Moorpark. California Paae 15 June 4, 2003 Geographic Data and Management Solutions in the amount of $26,713.69 to develop a Geographic Information System for the City. CONSENSUS: It was the consensus of the Council to continue this item to July 2, 2003. AT THIS POINT in the meeting, Item 9.C. was deferred to be heard when staff was available. D. Consider Communit Recommendation: amending the FY transfers in the identified Funds ROLL CALL VOTE RE( y Development Fund Transfers. Staff Adopt Resolution No. 2003 -2094 2002/03 Budget to appropriate fund amount of $300,000 from the various to the Community Development Fund. �UIRED Ms. Borchard gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2003 -2094 amending the FY 2002/03 Budget to appropriate fund transfers in the amount of $300,000 from the various identified Funds to the Community Development Fund. The motion carried by unanimous roll call vote. AT THIS POINT in the meeting, staff was available for Item 9.C. to be heard. C. Consider Approving a Name Change for the Moorpark Senior Center to Moorpark Active Adult Center. Staff Recommendation: Approve the name change. Mr. Hartnett gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to approve the name change for the Moorpark Senior Center to Moorpark Active Adult Center. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 16 June 4, 2003 AT THIS POINT in the meeting, Mr. Kueny asked that Item 9.E. be tabled until after closed session. CONSENSUS: It was the consensus of the Council to table Item 9.E. until after closed session. F. Consider Mission Statement, Priorities, Goals and Objectives for Fiscal Year 200312004. Consider the priorities, goals and objectives. Mr. Kueny stated that most of the items in the staff report have previously been considered with the budget and in February's meeting of the previous year's status report. He recommended replacing Item No. 7. on the Top 10 Priorities list, the Construction of Phase II of Arroyo Vista Community Park, since it is near completion, with a new priority for Construction of the Moorpark Human Services Complex. In response to Councilmember Mikos' request that Potential Objectives No. 8 and No. 12 on Stamped Page 169 be added to the Departmental Goals and Objectives, Mr. Kueny stated this could be accomplished if Council so directed. CONSENSUS: It was the consensus of the Council to add to Departmental Goals and Objectives, Potential Objective No. 8, dealing with the taping of monthly announcements of upcoming city- sponsored activities for replay on the City Government Channel, and Potential Objective No. 12, dealing with the development of an inventory of natural open space properties owned by City and Homeowners Associations and other privately owned property restricted by conservation easement or other development condition or limitation. In response to Councilmember Mikos' request that Potential Objective No. 43. on Stamped Page 171 concerning former Councilmember Wozniak's request to establish a Civic Hall of Fame to recognize city enhancement efforts by individuals and organizations, be moved to the Departmental Goals and Objectives, Councilmember Harper suggested incorporating this as an objective to be accomplished as part of the City Hall project. Minutes of the City Council Moorpark, California Page 17 June 4, 2003 CONSENSUS: It was the consensus of the Council to incorporate the Civic Hall of Fame as an objective to be accomplished as part of the City Hall project. In response to Councilmember Mikos' request to have improvements to East Los Angeles Avenue added to the existing Top 10 Priority No. 4 for the Widening of Los Angeles Avenue /New Los Angeles Avenue, Councilmember Harper concurred, as long as it would be named High Street and Councilmember Parvin agreed with moving forward with the improvements for pedestrian and bicyclist safety. It was the majority opinion of the Council to add improvements to East Los Angeles Avenue to Top 10 Priority No. 4 for the Widening of Los Angeles Avenue /New Los Angeles Avenue. In response to Councilmember Mikos' request to delete College View Park from Departmental Goals and Objectives F.22 on Stamped Page 186 for construction of a canine park, Councilmember Parvin asked Ms. Lindley to discuss other sites with the Parks and Recreation Commission to identify a location that is not frequented by the public since biting, barking dogs and people do not mix. Councilmember Harper recommended that F.22 be modified to say "construct a canine park ". CONSENSUS: It was the consensus of the Council to modify Departmental Goals and Objectives F.22. to read "Construct a canine park." Councilmember Mikos stated that the deadline of June 30th for completing the update to the OSCAR Element in Departmental Goals and Objectives G.4. on Stamped Page 186, may not be an accurate date due to the North Park situation. CONSENSUS: It was the consensus of the Council to eliminate the date from Departmental Goals and Objectives G.4. A discussion followed regarding Councilmember Mikos' request to add "potential voter consideration" to Departmental Goal and Objective G.20. and it was the „� , ', -" # , - -% p •.r ..0' 1,W . J .w. Minutes of the City Council Moorpark, California Page 18 June 4, 2003 majority opinion that it would not be beneficial as it would create more confusion than clarification. In response to Councilmember Mikos' suggestion that it would be beneficial to the public if each Objective also included some kind of reference to the Top 10 Priorities and that the Top 10 Priorities list indicate that the list is not necessarily in priority order, Mr. Kueny stated that staff could supply a cross reference and a statement that the listed items have equal priority. In response to Councilmember Harper's request that Potential Objective No. 50. on Stamped Page 172 for construction of a restroom at Glenwood Park be moved to the Departmental Goals and Objectives list, Mr. Kueny stated that it is not a funded item and Council would have to direct that it be added to the budget. CONSENSUS: It was the consensus of the Council to add funding for construction of a restroom at Glenwood Park to the budget. Councilmember Millhouse requested that Potential Objective No. 36. on Stamped Page 171 regarding the installation of landscaping and decorative pavement at Tierra Rejada Road /SR -23 ramps, be moved to the Departmental Goals and Objectives list since there is potential for obtaining funds from the Ventura County Transportation Commission and /or Caltrans. He stated that it would be unfortunate to be precluded from going after those funds just because the item was not on the list. CONSENSUS: It was the consensus of the Council to place Potential Objective No. 36. on the Departmental Goals and Objectives list. In response to Councilmember Millhouse's request to include Tierra Rejada Road from Spring Road to the easterly city limits in the Departmental Goal and Objective G.24., regarding the establishment of an Underground Utility District, Mr. Kueny stated that funding would not be available; however, it could be added to the list of Potential Objectives. Minutes of the City Council Mooraark, California PaQe 19 June 4, 2003 In response to Councilmember Millhouse's request to pursue Councilmember Harper's suggestion to add decorative lighting on High Street, as noted in Potential Objective No. 3. on Stamped Page 168, Mr. Kueny stated that it could be added to Departmental Goals and Objectives and come back as an adjustment to the budget at mid -year. Mr. Kueny discussed additional changes including: 1) the prior Council direction regarding a truck ban on Los Angeles Avenue in Top 10 Priority No. 5. would need to be replaced with a new priority to establish a permanent truck scale facility west of the City; 2) the removal of Departmental Goal and Objective C.5., which also concerns the truck ban; 3) modification of Departmental Goal and Objective F.14. to include future utilization and focus of the current 5th Grade D.A.R.E. position; 4) the addition of the two budgeted radar speed display signs to Departmental Goals and Objectives; and 5) the addition for improving security at the Metrolink station by including the evaluation of surveillance cameras and extension of the south wall. Mr. Kueny stated that Councilmember Harper's suggestion for installing red light cameras has been determined not to be allowed by Caltrans and, therefore, it is recommended that this goal not be pursued. In response to Mayor Hunter Ms. Traffenstedt stated that there were no speakers. Mr. Kueny stated that he would incorporate the changes and return this item on the Consent Calendar on a future agenda. CONSENSUS: It was the consensus of the Council that this item return on Consent with the changes discussed. G. Consider Revision to Rules of Procedure for Council Meetings to Change Regular City Council Meeting Start Time from 6:30 p.m. to 7:00 p.m. Staff Recommendation: Direct staff as deemed appropriate. Mayor Hunter stated that originally, the Council meetings started at 7:00 p.m. and he is requesting a return to that policy to allow more time for members ate. -a " q,�rL ki Minutes of the City Council Moorpark, California Page 20 June 4, 2003 to eat dinner before arriving for the meeting and to allow the public hearings to start on time. Councilmember Mikos stated that this would also allow more time for discussion in Closed Session hearings. In response to Mayor Hunter Ms. Traffenstedt stated that there were no speakers. CONSENSUS: It was the consensus of the Council to have a Resolution return to Council for approval of a new start time of 7:00 p.m. to become effective on August 20, 2003. 10. CONSENT CALENDAR: MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of Item 10.K., which was heard earlier in the meeting and Item 10.A., which was pulled for individual consideration. The motion carried by unanimous roll call vote. B. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - June 4, 2003. Manual Warrants 112730 - 112731 & $ 34,100.00 Voided Warrant 111853 & 112185 $ (846.00) 112957 Payroll Liability 112877 - 112881 $ 2,552.49 Warrants Regular Warrants 112882 - 112952 & $ 21,006.94 112953 - 112979 $ 428,067.52 Staff Recommendation: Approve the warrant register. C. Consider Resolution Amending the Fiscal Year 2002/2003 Budget to Change the Funding Source for City Costs Related to the City /County Data Sharing Agreement for Hydrology and Related Data Required for the Management of the Calleguas Creek Watershed Staff Recommendation: Adopt Resolution No. 2003 -2095 changing the funding source for the subject effort from the Community Development Fund to the General Fund Reserve. ROLL CALL VOTE REQUIRED Minutes of the City Council Moorpark, California Paae 21 June 4, 2003 D. Consider Award of Contract to Sunridcre Landscape and Venco Western for Landscape Maintenance Services. Staff Recommendation: Award the contract for landscape maintenance services and authorize the City Manager to execute the agreements on behalf of the City. E. Consider One -Year Extension of the City's Tree Maintenance Agreement with West Coast Arborist. Staff Recommendation: Authorize staff to extend the agreement through June 30, 2004, with existing service fees. F. Consider Renewal of Agreement with Kelly Cleaning & Supply Company. Staff Recommendation: Approve the renewal of the agreement for janitorial services. G. Consider Contract Extension with Durham Transportation for Summer Beach Bus and County Fair Bus Programs. Staff Recommendation: Approve a one -year extension of Durham Transportation Agreement. H. Consider Adoption of a Resolution of Intent Directing the Planning Commission to Study, Hold a Public Hearing and Provide a Recommendation on a Zoning Ordinance Amendment to Amend Title 17 and to Delete Chapter 5.88 of the Moorpark Municipal Code Relating to Home Occupations. Staff Recommendation: Adopt Resolution 2003 -2096. I. Consider Resolution Approving an Agreement by and Among the City of Moorpark, Moorpark Redevelopment Agency, and TR Partners, LLC, for the Agency's Purchase and Resale of One Dwelling Unit in Residential Planned Development (RPD) 99 -1, Tentative Tract (TT) 5181 to a Low Income Family at an Affordable Housing Cost. Staff Recommendation: 1) Approve Resolution No. 2003 -2097; and 2) Direct the City Manager, on behalf of the City, to execute Purchase and Sale Agreement, subject to final language approval by the City Manager and City Attorney. J. Consider Final Map Approval for Tract Map No. 5181. Staff Recommendation: If the Affordable Housing Agreement for Tract No. 5181 is approved, authorize the Mayor and City Clerk to sign and the City Clerk to Minutes of the City Council Moorpark, California Paqe 22 June 4, 2003 cause Tract Map 5181 to be recorded in the office of the Ventura County Recorder. L. Consider an Early Grading Permit for Tentative Tract Map No. 5307 for the Approved 25 -Lot Single- Family Residential Subdivision Located at the Northwest Corner of Millard Street and Los Angeles Avenue, on the Application of Colmer Development Company. Staff Recommendation: Authorize the City Manager to sign an Early Grading Agreement subject to his final language approval The following item was pulled for individual consideration: A. Consider Approval of Minutes of Regular Meeting of April 2, 2003. Staff Recommendation: Approve the minutes. Councilmember Mikos stated that she and Councilmember Harper had not been not in favor of the operation hours indicated in the minutes on Stamped page 205 of the agenda report and she did not want residents of the Campus Park area to think she had been a part of that decision. Mr. Kueny stated that the minutes could be amended to indicate it was the "majority opinion" that the hours of operation for the entire center be 5:00 a.m. to midnight. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to approve the minutes of April 2, 2003, as amended. 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 one case under Item 12.A., three cases under Item 12.B., and Items 12.C., 12,D. and 12.E. Minutes of the City Council Moorpark, California Page 23 June 4, 2003 Mr. Montes announced that concerning Item 12.A., the facts and circumstances creating significant exposure to litigation, which facts and circumstances are know to potential plaintiffs, consist of delays associated with the issuance of grading permits for Tract 5133. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to adjourn to closed session for a discussion of one case under Item 12.A., three cases under Item 12.B., and Items 12.C., 12,D. and 12.E. on the agenda. The motion carried by unanimous voice vote. The time was 10:38 p.m. A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) C. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Employee Organization: Service Employees International Union, AFL -CIO, CLC, Local 998 D. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Unrepresented employees: Accountant I, Administrative Services Director, Assistant City Manager, Assistant to City Manager /City Clerk, Budget and Finance Manager, Community Development Director, Community Services Director, Information Systems Manager, Planning Manager, Principal Planner, Public Works Director, Recreation Manager, and Senior Management Analyst. E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, Assistant to City Manager /City Clerk, City Manager, City Attorney, City Engineer, Chief of Police, Administrative Services Director, Community Development Director, Community Services Director, and Public Works Director. 0 �o ••1 OF Minutes of the City Council Moorpark, California Page 24 Present in closed session were Mikos, Millhouse, Parvin, and Mayo City Manager; Joseph Montes, City Assistant City Manager; and Deborah to City Manager /City Clerk. June 4, 2003 Councilmembers Harper, Hunter; Steven Kueny, Attorney; Hugh Riley, Traffenstedt, Assistant The Council reconvened into open session at 11:35 p.m. Mr. Kueny stated that Items 12.A. (one case), 12.B. (three cases), 12.C., 12.D. and 12.E. were discussed and that there was no action to report. AT THIS POINT in the meeting, the Council heard Item 9.E. E. Consider Resolution of Intention to Amend the Contract between the Board of Administration of the California Public Employees' Retirement System (CalPERS) and the City of Moorpark and First Reading of an Ordinance Authorizing an Amendment to the Contract between the City and the Board of Administration of CalPERS. Staff Recommendation: 1) Adopt Resolution of Intention No. 2003 -2098; 2) Waive full reading and introduce Ordinance No. 294 for first reading; and 3) Direct that second reading of Ordinance No. 294, authorizing the amendment to the contract, shall occur on July 2, 2003. Ms. Traffenstedt gave the staff report. She verbally stated that the Council's approval would include direction to staff to provide certification to CalPERS that only the Secretary II position in the Community Development Department was eligible to receive two years additional service credit, pursuant to Section 20903 of the Government Code, if retirement occurred during the designated window period of August 4, 2003, through January 30, 2004. She also stated that the revised cost estimate for the one position was approximately $20,000. In response to Mayor Hunter Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to Adopt Resolution of Intention No. 2003 -2098 and to authorize completion of the required CalPERS certification forms. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 25 June 4, 2003 Ms. Traffenstedt read the title of Ordinance No. 294. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded the motion to waive full reading of Ordinance No. 294. The motion carried by unanimous voice vote. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded the motion to introduce Ordinance No. 294 for first reading; and directed staff that the second reading of Ordinance No. 294, authorizing the amendment to the contract shall occur on July 2, 2003. The motion carried by unanimous voice vote. 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 11:36 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk MINUTES OF THE CITY COUNCIL Moorpark, California June 18, 2003 A Special Meeting of the City Council of the City of Moorpark was held on June 18, 2003, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:10 p.m. 2. 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; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. 3. PUBLIC COMMENT: None. 4. CLOSED SESSION: Mr. Kueny announced that the City Council would be going into closed session for discussion of one case under Item 4.A. and Item 4.C. Mr. Montes announced that the facts and circumstances creating significant exposure to litigation, which facts and circumstances are known to potential plaintiffs, consist of delays associated with the issuance of grading permits and flooding issues for Tract 5133. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adjourn to closed session for a discussion of one case under Item 4.A. and Item 4.C. The motion carried by unanimous voice vote. The time was 6:11 p.m. Minutes of the City Council Moorpark, California Page 2 June 18, 2003 A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 512 -0- 093 -080, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and Benjamin and Peter 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; Ken Gilbert, Public Works Director; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 6:43 p.m. Mr. Kueny stated that one case under Item 4.A. and Item 4.C. were discussed and that there was no action to report. 5. ADJOURNMENT: Mayor Hunter adjourned the meeting at 6:43 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk