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HomeMy WebLinkAboutAGENDA REPORT 2003 1203 CC REG ITEM 10AI'�EM 10 . �. �r -3 -�a -3 �` MINUTES OF THE CITY COUNCIL Moorpark. California September 17, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on September 17, 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 7:24 p.m. 2. PLEDGE OF ALLEGIANCE: Kenneth Gilbert, Public Works Director, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Kenneth 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; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Certificate of Recognition for three Moorpark youths for their efforts in preserving evidence at a crime scene. Mayor Hunter, Captain Diaz, and Sergeant Mike Aranda honored the three youths for their quick thinking and sense of community responsibility in notifying the police when they witnessed a fleeing suspect dispose of a gun in an empty field. Mayor Hunter presented a Certificate of Recognition to each young citizen on behalf of a grateful community. 0 00 011L t Minutes of the City Council Moorpark, California Page 2 September 17, 2003 B. Certificate of Recognition for Country Days Logo Contest Winners Rachelle Cohen and Molly Ormsbee. Mayor Hunter presented Certificates of Recognition to Country Days Logo Contest winners Rachelle Cohen for developing the theme of "Growing Up Together" and to Molly Ormsbee for drawing the Country Days logo. C. City Manager's Monthly Report. Mr. Kueny introduced Kenneth Gilbert, Public Works Director, who gave the monthly report. Mr. Gilbert spoke about the quality of life maintained for Moorpark residents by work performed by the Public Works Department in regard to communication systems, transportation systems, sewer systems, water systems, and public gas and electrical systems. He outlined some of the responsibilities of the Public Works Department to include street maintenance, contract administration such as street sweeping and traffic signal maintenance; implementation of numerous federally mandated storm water quality programs; parking enforcement; and managing crossing guards and assessment districts. Mr. Gilbert highlighted several capital improvement projects including slurry seal and overlay projects; the design work with Caltrans for widening Los Angeles Avenue; the widening of Spring Road, south of Flory Avenue; the design of a new Corporate Yard; the Flinn Avenue realignment, and the Calleguas waterline project to replace pipes in the middle of Los Angeles Avenue. He ended his presentation with an educational video promoting clean water practices. 5. PUBLIC COMMENT: Gerald Goldstein, a Moorpark resident, spoke about the decline in bus service in Moorpark, Simi Valley, and all of Ventura County. He recommended services be coordinated between the various cities to avoid leaving riders stranded for lengths of time. Michael Navarro, a Moorpark resident, spoke on behalf of several residents living along Amherst Street asking for the Council's support for the three -way stop as requested in Item 10.K. on the agenda. 00001ti t Minutes of the City Council Moorpark, California Page 3 September 17, 2003 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos discussed the approval of two Consent items from the City Council agenda of September 3, 2003. The first item will result in the installation of new bus shelters throughout the City. The second item will begin the preparation of a Rail Trail Study for the segment of trail along the railroad tracks near Moorpark Avenue, east of Spring Road, and will move the process forward towards beginning the long awaited bike trails. Councilmember Mikos announced the grand opening of the newly located Moorpark Community Services Center also known as the Moorpark Food Pantry, on the future site of the Human Services Complex, which is located south of the railroad tracks and can be accessed using Flinn Avenue and Minor Street. Councilmember Mikos announced results from the League of Cities Conference she attended in Sacramento last week. California cities unanimously voted to try to protect current city revenues by trying to get an initiative on the November 2004 ballot to block the State from taking additional revenues. The cities adopted a resolution to oppose closing the Emergency Training Services Center, which provides training to all public agencies. Councilmember Mikos requested a future agenda item at the next Council meeting to describe the process for the public to give comment on the North Park project and inform them of what is supposed to happen and when, which will assist them in making an informed vote on the project. Councilmember Millhouse announced the Moorpark Boys and Girls Club's Annual Golf Tournament fund raiser and dinner for Monday, September 22, 2003. Councilmember Harper requested a future agenda or box item regarding facilitating the public's ability to send email messages during Council meetings. 000013 Minutes of the City Council Moorpark, California Paqe 4 September 17, 2003 Councilmember Harper requested a study of the cost and infrastructure needed to have a company help set up wireless internet access between segments of the community, via a City sponsored network. 8. PUBLIC HEARING: None. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Street Sweeping Parking Restrictions: Handicap Exemption. Staff Recommendation: Approve the exemption of vehicles with a handicap license or placard from the City's Street Sweeping Parking Restriction and direct staff to include this new policy in the next update of the City Council's Policies Resolution. Mr. Gilbert gave the staff report. Mayor Hunter provided information regarding correspondence received from the caretaker of a disabled family member who requested consideration for an exemption to the Street Sweeping Policy for vehicles displaying handicapped placards or handicapped license plates. Councilmember Millhouse stated the Transportation and Streets Committee heard a presentation from this same citizen on the need for this exemption and the committee is in favor of the change in policy. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to approve and implement this exemption immediately and bring back as a City Council Policy for adoption on October 15, 2003, or at the next update. The motion carried by unanimous voice vote. B. Consider a Resolution Rescinding Resolution No. 2001- 1920 Pertaining to "Permit Only" Parking Restrictions on Summerglen Court, and Establishing Revised "Permit Only" Parking Restrictions on Said Street. Staff Recommendation: Direct staff as deemed appropriate. 0000:14 I Y Minutes of the City Council Moorpark, California Paqe 5 September 17, 2003 Mr. Gilbert gave the staff report. A discussion among the Councilmembers focused on whether commercial vehicles such as delivery trucks, pool cleaners, and moving vans should be exempted from the permit parking; discretionary enforcement issues for the police department; and whether this exemption issue should be referred to committee. Mike Malherbe, a Moorpark resident affected by the lack of parking on Summerglen Court, spoke in favor of the revised "permit only" parking and cited the problems incurred under the current one -hour parking restriction. He requested the "permit only parking" be a requirement seven days a week due to overflow parking from events held at the nearby high school. A discussion among Councilmembers and staff focused on adopting the new restriction with exact wording for the exemption for commercial vehicles to be developed later. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to adopt Resolution No. 2003 -2121, implementing revised "permit only parking" seven days a week on Summerglen Court, as amended to include an exemption for commercial vehicles with related language and signage subject to approval by the City Attorney. The motion carried by unanimous voice vote. C. Consider a Resolution of Necessity to Acquire Fee Title by Eminent Domain to Certain Real Property Owned by the Margaret Irene Gisler Cullen Trust Located at 412 Poindexter Avenue. Staff Recommendation: 1) Accept and consider public testimony; and 2) Adopt Resolution No. 2003 -2122, adopting the findings of public necessity to acquire Fee Title by eminent domain property at 412 Poindexter Avenue as described in the agenda report. 4 /5ths ROLL CALL VOTE REQUIRED Ms. Lindley gave the staff report. Richard White, trustee of the Margaret Irene Gisler Cullen Trust, stated there is no problem selling the property; however, they question the lower dollar amount of $535,000 being offered after the second 000015 i Minutes of the City Council Moorpark, California Paae 6 September 17, 2003 appraisal, when the first offer, was $616,000 one year ago. Mr. Kueny stated the first offer was declined by Mr. White and the more current appraisal took into consideration Redevelopment law requiring 150 of new residential units to be affordable to low and moderate income households. A discussion followed among the Council and staff focusing on the disparity in the two appraisal amounts; the impression given that the process is flawed; and the clarification that an independent party, the court, will ultimately decide the amount to be paid. Mr. White reiterated his complaint that he has never seen property value decline, except during a depression. A discussion followed among the Council and staff focusing on the difference in opinion between the appraisers and the subjective art of valuing property; Mr. White's decision not to have the appraisal validated by hiring his own appraiser; and the needed expansion of a park facility for the benefit of an area of the community lacking in recreational amenities as compared to the newly developed portions of the City. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to Adopt Resolution No. 2003 -2122, adopting the findings of public necessity to acquire Fee Title by eminent domain property at 412 Poindexter Avenue. A discussion followed among the focusing on including the offer in Resolution; the need to consult regarding including the dollar a negotiations would be inhibited dollar amount. Council and staff the Recital of the the City Attorney mount; and whether by including the Mr. Kueny suggested this item be tabled and returned to Closed Session to resolve the amount of the offer. 000016 0 Minutes of the City Council Moorpark, California Page 7 September 17, 2003 Mayor Hunter explained the process of Closed Session to Mr. White and assured him the Council would return into Open Session with a decision. Councilmember Harper withdrew his motion and Councilmember Mikos withdrew her second. D. Consider the Appointment of an Ad Hoc Committee of the Council for the Review and Consideration of Development Opportunities for the Southern California Edison Property Located at the Northwest Corner of Los Angeles and Gabbert Road. Staff Recommendation: Appoint two Councilmembers to an Ad Hoc Committee for the purpose of discussing development potential of the Southern California Edison property located at the northwest corner of Los Angeles Avenue and Gabbert Road. Mr. Hogan gave the staff report and amended staff's recommendation to include two Southern California Edison properties within the city of Moorpark. Glen Becerra, representing Southern California Edison, 25625 West Rye Canyon Road, Valencia, referenced a letter he distributed to the Council, requesting consideration of seven Southern California Edison properties within the city of Moorpark for committee discussion. Gerald Goldstein, a Moorpark resident, spoke about recent power outages occurring in the City over the last three weeks and requested information on where the source of power for these areas originates. Councilmember Harper stated the City and Southern California Edison have a history of unresolved concerns regarding the aesthetics of their facilities and code violations; this is an opportunity to work with Mr. Becerra who is attuned to city government; and he would like to move forward by cooperating in a dialogue concerning all of the Edison properties. 000017 0 Minutes of the City Council Moorpark, California Paqe 8 September 17, 2003 In response to Councilmember Mikos, Mr. Kueny recommended staff be directed to first discuss three outstanding issues of interest to the City including zoning, stalled undergrounding of utility lines, and fees owed for Edison's use of a road in Arroyo Vista Community Park; and then discuss the two Edison properties with the addition of the other properties later. CONSENSUS: It was the consensus of the Council for Councilmembers Millhouse and Parvin to serve on an Ad Hoc Committee for consideration of all outstanding issues and all properties related to Southern California Edison. 10. CONSENT CALENDAR: Councilmember Mikos requested Item 10.E. be pulled from the Consent Calendar for individual consideration. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of Item 10.E., which was pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of Auaust 20, 2003. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - September 17, 2003. Regular Warrants 113885 - 113891 $ 52,387.67 Staff Recommendation: Approve the warrant register. C. Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - September 17, 2003. Manual Warrants - $ 0.00 Voided Warrant $ 0.00 Payroll Liability 113892 - 113896 $ 2,570.53 Warrants 000018 Minutes of the City Council Moorpark, California Paae 9 September 17, 2003 Regular Warrants 113897 - 113983 & $ 22,259.49 113984 - 114012 $ 440,027.45 Staff Recommendation: Approve the warrant register. D. Consider Rejection of Claim: Bordiers Nursery, Inc. Staff Recommendation: Reject the claim and direct staff to send a standard rejection letter to the claimant. F. Consider Authorizing Use of C Advertise Moorpark Rotary Club Event Scheduled for November 8 Recommendation: Approve use of include the name, date, time, Civil War Reenactment event. ity Marquee Signs to Civil War Reenactment and 9, 2003. Staff City marquee signs to and location of the G. Consider Adoption of Resolution Amending the Fiscal Year 2003/04 Budget by Appropriating Older American Act Grant Funds for Active Adult Center Lifeline Devices. Staff Recommendation: Adopt Resolution No. 2003 -2123. ROLL CALL VOTE REQUIRED H. Consider Adding a Project for the Construction of Civic Center Driveway Improvements (Project 8053) and Adopting a Resolution Amending Fiscal Year 2003/2004 Budget for Said Purpose. Staff Recommendation: Approve the Civic Center Driveway Improvement Project and adopt Resolution No. 2003 -2124 amending the FY 2003/04 Budget to provide funding for this project. ROLL CALL VOTE REQUIRED I. Consider Flinn Avenue Driveways. Staff Recommendation: Approve the conceptual design for the Flinn Avenue south side access road, as described in Exhibit 1, Page 1 of the agenda report, and authorize staff to proceed with the design and construction of these modifications. J. Consider Resolution Adopting the Annual Investment Policy for the City of Moorpark for Fiscal Year 2003- 2004. Staff Recommendation: Adopt Resolution No. 2003 -2125. K. Consider Resolution Designating the Intersection of East Amherst Street and North Columbia Avenue to be a Stop Intersection and Directina the Placement of STOP 000019 Minutes of the City Council Moorpark, California Paqe 10 September 17, 2003 Signs at All Entrances Thereto. Staff Recommendation: It is the recommendation of the Transportation and Streets Committee that the City Council adopt Resolution No. 2003 -2126 designating the intersection of E. Amherst Street and N. Columbia Avenue a Three - Way Stop. L. Consider Resolution Approving Program Supplement Agreement No. M005 (Tierra Rejada Road Signal Synchronization Project) to Administering Agency -State Agreement for Federal Aid Projects No. 07 -5436. Staff Recommendation: Adopt Resolution No. 2003 -2127. M. Consider Changing the Internal Procedure for Warrant Signatures. Staff Recommendation: Approve Budget and Finance Committee recommendation to increase the dollar limit from $1,000 to $2,500 for warrants requiring signature of the Mayor or Mayor Pro Tem. N. Consider Resolution Repealing Resolution Nos. 95 -1135 and 97 -1346, Pertaining to Certain Entitlement Permit Review Processes. Staff Recommendation: Adopt Resolution No. 2003 -2128, repealing Resolution Nos. 95 -1135 and 97 -1346, to become effective upon the effective date of Ordinance No. 297. 0. Consider Schedule for Second Reading of Ordinance No. 296: Zoning Ordinance Amendment No. 2003 -01, Deleting Chapter 5.88 of the Moorpark Municipal Code Regarding Home Occupations, Boutique Sales and Garage Sales and Amending Chapter 17.28.020(B) Regarding Home Occupations and Garage Sales. Staff Recommendation: Direct staff to schedule the consideration of the second reading and adoption of Ordinance No. 296 for the next City Council meeting following the consideration of the second reading and adoption of Ordinance No. 297. The following item was pulled for individual consideration. E. Consider Change to Regular Meeting Schedule Time for Budget and Finance and Affordable Housing /Community Development City Council Standing Committees. Staff Recommendation: Approve change in regular meeting schedule time from 5:30 p.m. to 6:00 p.m. for City Council Budget and Finance and Affordable Housing /Community Development Standing Committees. 000020 Minutes of the City Council Moorpark, California Paqe 11 September 17, 2003 Councilmember Mikos stated she would rather the start time for the committee meetings remain at 5:30 p.m. so they do not delay the start time of the City Council meeting. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to change the start time for the Budget and Finance Committee to from 5:30 p.m. to 6:00 p.m. The motion failed by a vote of 2 -3 with Councilmembers Millhouse, Mikos, and Parvin dissenting. Mr. Kueny stated historically, the two members serving on a committee decide the meeting times and it is very rare that a committee meeting would last an hour. Mayor Hunter stated that the Council would take no action on this item. 11. ORDINANCES: A. Consider Ordinance No. 297, an Ordinance of the Cit of Moorpark, California, Amending Chapters 17.20 (Uses by Zone) , 17.28 (Standards for Specific Uses), 17.44 (Entitlement - Process and Procedures), 17.60 (Amendments to the General Plan, Specific Plans, Zoning Map and Zoning Code) and 17.68 (Public Notice) . Staff Recommendation: Declare Ordinance No. 297 read for the second time and adopted as read. Ms. Traffenstedt read the title of Ordinance No. 297. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to waive further reading, declare Ordinance No. 297 read for the second time, and adopted as read. The motion carried by unanimous voice vote. 12. CLOSED SESSION: Mr. Kueny requested that the City Council go into closed session for Item 12.C. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adjourn to closed session for a discussion of Item 12.C. on the agenda. The motion carried by unanimous voice vote. The time was 9:20 p.m. 000021 Minutes of the City Council Moorpark, California Paae 12 September 17, 2003 C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 511 -0- 090 -340, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and the Margaret Irene Gisler Cullen Trust Under Negotiation: Price and terms of payment Present in closed session were Councilmembers Harper, Millhouse, Mikos, Parvin and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney (via conference call); Mary Lindley Community Services Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The conference call with Mr. Montes was discontinued at 9:45 p.m., and the City Council reconvened into open session at that time. AT THIS POINT in the meeting, the Council returned to consideration of Item 9.C. Mr. Kueny stated that Item 12.C. was discussed in closed session, as it relates to Item 9.C., and that there was no action to report. 9. C. Consider a Resolution of Necessity to Acquire Fee Title by Eminent Domain to Certain Real Property Owned by the Margaret Irene Gisler Cullen Trust Located at 412 Poindexter Avenue. Staff Recommendation: 1) Accept and consider public testimony; and 2) Adopt Resolution No. 2003 -2122, adopting the findings of public necessity to acquire Fee Title by eminent domain property at 412 Poindexter Avenue as described in the agenda report. 4 /5ths ROLL CALL VOTE REQUIRED Mr. Kueny indicated staff's amended recommendation for Item 9.C. would be to adopt the Resolution with the dollar amount removed from the second recital and the removal of the third recital in its entirety. It was the consensus of the Council to adopt Mayor Hunter's request to include, at the appropriate time, the deposit amount of $616,000 to the court for escrow purposes. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to Adopt Resolution No. 2003- 2122, as amended, adopting the findings of public necessity to acquire Fee Title by eminent domain property at 412 000022 Minutes of the City Council Moorpark, California Page 13 September 17, 2003 Poindexter Avenue. The motion carried by unanimous roll call vote. 13. ADJOURNMENT: MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adjourn the meeting. The motion carried by unanimous voice vote. The time was 9:47 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 000023 MINUTES OF THE CITY COUNCIL Moorpark, California October 15, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on October 15, 2003, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7:29 p.m. 2. PLEDGE OF ALLEGIANCE: Sergeant Mike Aranda, Moorpark Police Department, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Kenneth Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Cynthia Borchard, Administrative Services Director; Walter Brown, City Engineer; Sergeant Mike Aranda, Sheriff's Department; Nancy Burns, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation Recognizing October 20 - 24, 2003, as Red Ribbon Week. Mayor Hunter presented the Proclamation to Sergeant Mike Aranda. Sergeant Aranda accepted on behalf of the Moorpark Police Department. B. Proclamation Recognizing the Month of October as Domestic Violence and Breast Cancer Awareness Month. 000024 Minutes of the City Council Moorpark, California Page 2 October 15, 2003 Mayor Hunter presented the Proclamation to Bonnie Warrington, Legislative Advocate representing Soroptimist International of the Camino Real Region. Ms. Warrington thanked the Council for their support. C. City Manager's Monthly Report. Mr. Kueny introduced Mary Lindley, Community Services Director, who summarized the 3rd of July Event combined with the celebration of the City's 20th Anniversary and presented a video of the event as prepared by Videomax. 5. PUBLIC COMMENT: Jayla Haxton, a Moorpark resident, spoke about problems she and her family has been experiencing with their neighbors and the City's code enforcement personnel in regard to animals kept on her 5 -acre property. Councilmember Harper suggested the City may want to study the current ordinance which only allows four dogs regardless of the size of the property. Mayor Hunter explained the Council cannot take direct action on this item, but did ask Sgt. Aranda and Mr. Hogan to meet with Ms. Haxton during the recess. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:50 p.m. The City Council meeting reconvened at 8:20 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Millhouse requested Item 9.B. be heard first under Presentation /Action /Discussion to accommodate the speakers in the audience. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos requested a resolution or proclamation to commemorate Calleguas Municipal Water District for 50- years of service. 000025 Minutes of the City Council Moorpark, California Paqe 3 October 15, 2003 Councilmember Millhouse announced the Moorpark Rotary Club's annual Civil War Re- Enactment will take place on November 8th and 9th Councilmember Millhouse reported any rumors regarding removal of pepper trees on High Street are not factual. He stated that an arborist has been hired by the City to evaluate the condition of the trees and a public meeting will be held to allow discussion of the trees. Councilmember Millhouse reported on the defeat of State Assembly Bill 773, which would have allowed more voting members on the Ventura County Transportation Commission. 8. PUBLIC HEARING: None. 9. PRESENTATION /ACTION /DISCUSSION: B. Consider Proposed Changes to the Design for the Traffic Signal at the Intersection of Moorpark Road and Santa Rosa Road in the County of Ventura. Staff Recommendation: Direct staff to send a letter to the Ventura County Board of Supervisors requesting approval of the proposed re- design. Mr. Gilbert gave the staff report. Councilmember Harper stated anything done to improve the circulation at this intersection will only attract more drivers to this location for use as a freeway bypass. He recommended closing off the median at Tierra Rejada Road to prevent traffic from impacting the city of Moorpark. In response to Mayor Hunter, Mr. Gilbert stated the posted speed limit on Santa Rosa Road is 55 miles per hour; and County staff is recommending a right turn overlap be installed for south -to -west traffic during the east -to -north left turn movement, along with the elimination of the "No Turn on Red ". In response to Councilmember Mikos, Mr. Gilbert stated a middle ground recommendation would be to install a green arrow for right turn movements from south -to- 000026 Minutes of the City Council Moorpark, California Page 4 October 15, 2003 west during the east -to -north left turn movement, and to leave the "No Turn on Red ". Councilmember Mikos stated the "No Turn on Red" is an interim plan until other safety improvements are installed by the County, and she is not in favor of improving the circulation at the expense of the safety of the residents along Santa Rosa Road. In response to Councilmember Millhouse, Mr. Gilbert stated the traffic backing up onto Tierra Rejada Road is considered a hazard; installing a right turn on green arrow only, would still allow for gaps in the traffic; and if the median were closed off, the volume of traffic would transfer to Sunset Valley Road. In response to Councilmember Parvin, Mr. Gilbert stated the County created this design, which has resulted in a traffic condition of Level of Service F, in response to the previously high accident rate and geometric problems on old Moorpark Road. In response to Councilmember Harper, Sergeant Aranda stated the traffic along Santa Rosa Road disburses to all parts of the County including Point Mugu, Camarillo, and other destinations along the 101 freeway. Councilmember Harper stated the County made a decision on the realignment which turned a rural road into a freeway bypass, and which takes the pressure off of Caltrans to improve State Routes (SR) 23 and 101. Councilmember Millhouse stated another questionable decision by the Board of Supervisors was the failure to support four lanes on SR -118. Jarrod DeGonia, representing Supervisor Judy Mikels, 3855 -F Alamos Street, Simi Valley, read a prepared statement expressing the Supervisor's concerns for traffic circulation and safety conflicts at the intersection. Rosemary Allison, member of the Santa Rosa Valley Community Association (SRVCA), stated Santa Rosa Road is designated as a two -lane rural roadway; Caltrans 000027 Minutes of the City Council Moorpark, California Paqe 5 October 15, 2003 has not sought to improve the freeways to carry the increased volume of traffic; the "No Turn on Red" provides breaks in the traffic allowing residents a chance to exit their driveways or side streets to turn onto Santa Rosa Road; all members of the SRVCA voted for the "No Turn on Red" and would like it to remain until other safety measures have been implemented on Santa Rosa Road; and the SRVCA wants to join with the city of Moorpark in working with Caltrans to widen SR- 23 and improve SR -101. Shane Blaser, a resident of Santa Rosa Valley in Camarillo, provided a handout documenting the reduction in the number of accidents at the intersection and along Santa Rosa Road since the installation of the four -way stop and "No Turn on Red ". Janis Gardner, a resident of Santa Rosa Valley, urged the Council to wait until additional safety measures are installed on Santa Rosa Road and SR -23 is widened before asking for the removal of the "No Turn on Red ". She stated the residents should join with all the surrounding communities in working to get Caltrans to widen SR -23. Mark Burley, member of SRVCA, cited a letter previously sent by Mayor Hunter to the Board of Supervisors supporting the residents of Santa Rosa Valley and requested he send a similar letter now. Paul Bonds, a resident of Santa Rosa Valley, spoke about the death of his daughter in an accident on Santa Rosa Road. He cited his concern with the high rate of speed of vehicles using the rural road. Glen Sawyer, a Moorpark resident, asked for a compromise between the Santa Rosa Road residents and the commuters to have a "Right Turn on Green Arrow Only" installed, which would still provide gaps in the traffic. Bruce Cohen, President of Bridlewood Homeowners Association and resident of Santa Rosa Valley, asked the residents of Moorpark affected by the "No Turn on Red" to work together with the residents of Santa Rosa Valley to try to keep this a rural area. 000028 Minutes of the City Council Moorpark, California PaQe 6 October 15, 2003 Ms. Traffenstedt stated there were two Written Statement cards expressing opposition to staff's recommendation to send a letter of support for removal of the "No Turn on Red ". A discussion followed among the Councilmembers and staff focusing on the failure of the intersection and the safety hazard it creates; the need to widen SR -23; the need to reduce the speed limit on Santa Rosa Road; how incremental improvements attract more traffic on the rural road rather than forcing Caltrans to improve the freeways; and the unknown status of proposed improvements on Santa Rosa Road, such as bus turnouts, signals, and planted medians. Councilmember Millhouse suggested composing a letter to the Board of Supervisors recommending the right turn on green arrow while keeping the restriction for no turns on red. Mayor Hunter concurred with Councilmember Millhouse that Mr. Gilbert's compromise for a right turn on green arrow would provide the residents with a break in the traffic and seems reasonable and measured. Mr. Kueny stated the goal in supporting this compromise position is to reduce the backup of traffic into Moorpark and the timing of the signal should be left for the County to determine. A discussion among the Councilmembers and staff followed focusing on the letter to be sent to the Board of Supervisors. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to send a letter to the Ventura County Board of Supervisors focusing on removing the safety hazards from Moorpark intersections; allowing traffic breaks on Santa Rosa Road with the suggestion of a right - turn on green arrow, while maintaining the No Turn on Red; encouraging safety improvements and a reduction of the speed limit on Santa Rosa Road; and continuing to cooperate on the long -term goal of improving State Routes 23, 101, and 118. The motion carried by voice vote 3 -2, with Councilmembers Harper and Mikos dissenting. 000029 Minutes of the City Council Moorpark, California Page 7 October 15, 2003 Councilmember Harper requested the letter reflect that the vote was not unanimous and asked staff to provide a report on the traffic along that corridor and on the phasing of the traffic signal at the intersection. A. Consider Approval of Caltrans Landscaping for the State Route 23 Southbound Off -Ramp and On -Ramp at New Los Angeles Avenue for Condition Compliance and Authorize the Release of the Cash Bond for Special Devices Incorporated (SDI) (Industrial Planned Development Permit No. 1995 -02). Staff Recommendation: 1) Approve the proposed landscaping for the on -ramp and off -ramp for SR -23 /New Los Angeles Avenue interchange and maintenance in perpetuity; 2) Accept the contribution of $9,010 as riparian habitat replacement to be used as the City deems necessary; and 3) Authorize staff to release the two (2) remaining sureties of $300,000 cash (minus the riparian habitat contribution) and the $684,415.60 for Tract No. 5004, upon the posting of a surety, in an amount determined to be sufficient by the City Engineer and Community Development Director for the installation of the on -ramp and off -ramp landscaping. Mr. Hogan gave the staff report. He corrected the amount of the contribution for the riparian habitat replacement to be $15,000. In response to Councilmember Mikos, Mr. Hogan stated the applicant had originally been required to upgrade the project landscaping at a cost of $892,800 in compliance with the City's Tree Preservation Ordinance; now, they will be required to contribute $15,000 for riparian habitat replacement, $150,000- $175,000 to plant the southbound freeway ramps; and an estimated $40,800 annually in perpetuity to maintain the landscaping. He further stated SDI no longer owns the flag lot east of their property and, therefore, would not be able to donate it to provide protection to the nearby Arroyo; the $15,000 contribution amount was derived from the valuation of riparian habitat impacted as mentioned in Condition No. 89; SDI has installed landscaping to screen their buildings and has replanted 5- gallon oak trees on the manufactured slopes to replace those that died; and the City is looking for closure on this issue. 000030 Minutes of the City Council Moorpark, California Pacre 8 October 15, 2003 In response to Councilmember Mikos, Mr. Kueny stated prior staff allowed this project to move forward with the representation that the mitigation was met; and at this point, Mr. Hogan has worked with the applicant to modify the prior staff's action. In response to Councilmember Parvin, Mr. Hogan stated the contribution will be used for habitat replacement; SDI has completed the requirements to meet the outstanding Conditions of Approval as enumerated on stamped page 2 of the agenda report; evergreen trees will be planted; the City Engineer is working on a sureties amount; and the applicant is anxious to close this issue and agrees to all conditions. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to: 1) Approve the proposed landscaping for the on -ramp and off -ramp for SR -23 /New Los Angeles Avenue interchange and maintenance in perpetuity; 2) Accept the contribution for riparian habitat replacement to be used as the City deems necessary in the amended amount of $15,000; and 3) Authorize staff to release the two (2) remaining sureties of $300,000 cash (minus the riparian habitat contribution) and the $684,415.60 for Tract No. 5004, upon the posting of a surety, in an amount determined to be sufficient by the City Engineer and Community Development Director for the installation of the on -ramp and off -ramp landscaping. The motion carried by voice vote 4 -1, with Councilmember Mikos dissenting. CONSENSUS: It was the consensus of the Council to have Community Development staff contact the new property owner of the flag lot to discuss Open Space preservation. 10. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Special Meeting of September 17, 2003. Staff Recommendation: Approve the minutes. 0 00 03'L Minutes of the City Council Moorpark, California Paqe 9 October 15. 2003 B. Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - October 15, 2003. Manual Warrants Voided Warrant Payroll Liability Warrants 111750 & 114200 114148 - 114152 $ 0.00 $ (986.28) $ 2,575.28 Regular Warrants 114153 - 114270 & $ 56,269.71 114271 - 114291 $ 310,180.49 Staff Recommendation: Approve the warrant register. C. Consider Approving an Increase to Architects Fee for the Corporation Yard Project and Adoption of a Resolution Increasing the Funds Budgeted for Project Construction. Staff Recommendation: 1) Approve the revised fee amount for architectural services for the Corporation Yard; and 2) Adopt Resolution No. 2003- 2134, amending the Budget for this project. ROLL CALL VOTE REQUIRED D. Consider Agreement Between the City of Moorpark and the City of Camarillo for Regular Monthly Household Hazardous Waste (HHW) Event Participation. Staff Recommendation: Approve the Agreement, subject to final language approval of the City Manager and the City Attorney, and authorize the Mayor to execute the Agreement. E. Consider Amendment to Agreement between the City of Moorpark and Waste Management of California DBA the Simi Valley Landfill and Recycling Center for Local Impacts. Staff Recommendation: Approve the Amendment to the Agreement, subject to final language approval by the City Manager and City Attorney, and authorize the Mayor to execute the Agreement. F. Consider a Ten -Year Extension of the City's Tree Maintenance Agreement with West Coast Arborist. Staff Recommendation: Authorize the City Manager to sign the amendment extending the City's tree maintenance agreement with West Coast Arborist through June 30, 2014, with all other provisions remaining the same. 000032 Minutes of the City Council Moorpark, California Page 10 October 15, 2003 G. Consider Allowing Second CalHome Mobilehome Loan to Qualified Borrowers, to a Maximum Funding per Household of $20,000, and Authorizing City Housing Funds for Loan Costs Not Paid by Borrowers. Staff Recommendation: 1) Authorize the provision of a second loan to borrowers who previously obtained a CalHome loan to make repairs to their mobilehome, such loan and the original loan to be subject to a combined maximum loan amount of $20,000, and subject to the same costs, terms and eligibility requirements as those in effect at this time; and 2) Adopt Resolution No. 2003 -2135, approving a line item transfer of a total of $40,000 from City Housing Rehabilitation Loans to City Housing Rehabilitation Loan Costs ($23,259.16), and the Housing Setaside Fund ($16,740.84). ROLL CALL VOTE REQUIRED H. Consider Rejection of Claim: M. Anne Dickson. Staff Recommendation: Reject the claim and direct staff to send a standard rejection letter to the claimant. 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for Items 12.C., 12.D., and 12.E. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adjourn to closed session for discussion of Items 12.C., 12.D., and 12.E. on the agenda. The motion carried by unanimous voice vote. The time was 10:03 p.m. C. 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 +D0 ) 33, Minutes of the City Council Moorpark, California Page 11 October 15, 2003 D. 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 E. 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, City Engineer, Community Development Director, Community Services Director, Information Systems Manager, Planning Manager, Principal Planner, Public Works Director, Recreation Manager, and Senior Management Analyst. Present in closed session were Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter; Steven Kueny, City Manager; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 10:12 p.m. Mr. Kueny stated Items 12.C., 12.D., and 12.E. were discussed and there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 10:12 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 00004L, .➢ 0 0 0 4L, Iq MINUTES OF THE CITY COUNCIL Moorpark, California November 5, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on November 5, 2003, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7:12 p.m. 2. PLEDGE OF ALLEGIANCE: Kenneth Gilbert, Public Works Director, 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; Kenneth 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; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Presentation by Fire Chief, Bob Roper, Ventura County Fire Protection District. Chief Roper gave a briefing on the recent fires. He announced a town meeting to be held Monday, November 10, 2003, at 7:00 p.m. in the Citrus Room at the Moorpark Community Center where the public and fire officials can share information concerning the fires. 000035 Minutes of the City Council Moorpark, California Page 2 November 5, 2003 5. PUBLIC COMMENT: Dale Parvin, President of the Moorpark Rotary Club, announced the upcoming Civil War Reenactment to be held on Saturday, November 8th and Sunday, November 9th. Ralph Mauriello, a Moorpark resident, representing Serenata Homeowners Association, requested assistance for residents surrounded by native vegetation, who are prohibited from clearing around their homes to comply with the 100 -foot fire break. He asked what agency is responsible for the restriction and asked the Council for help in changing that order. Councilmember Millhouse stated staff has been working on this dilemma in the Carlsberg development where there is a conflict between protecting the natural vegetation and achieving a 100 -foot fire clearance. Mr. Hogan stated research has been initiated; however, at this early date there are no answers; the Environmental Impact Report requirements for this Specific Plan area need to be determined; and staff will prepare a report once the requirements are ascertained and solutions are available. Mayor Hunter requested Mr. Hogan meet with Mr. Mauriello. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:29 p.m. The City Council meeting reconvened at 7:30 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos, as Chair of the Board of the Commission on Human Concerns, announced there will be additional disaster assistance for the people in Moorpark approved by the State Department Oversight Commission. Information will be available next week by calling 805 -486- 4725. 000036 Minutes of the City Council Moorpark, California Page 3 November 5, 2003 Councilmember Mikos announced a 3 -mile hike to Happy Camp Recreational Park on Sunday, November 9, 2003, from 9:00 a.m. to noon. Councilmember Mikos Veteran's Day event, and American Legion, a.m. at the corner of veterans will also be Park. announced the November 11, 2003, sponsored by the City, Boys Scouts, will begin with a ceremony at 8:00 Moorpark and Los Angeles Avenues and honored at 10:00 a.m. at Poindexter Councilmember Millhouse thanked the firefighters for the incredible job they performed in the recent fires. He stated those who have lost their homes and property are in the Council's thoughts and prayers and asked them to let the Council, City, and public agencies know of their needs so assistance can be provided. Councilmember Millhouse asked for a future agenda item for November 19, 2003, regarding the waiver of fees for temporary housing damaged by the fire. He announced the City's contract engineering firm, Charles Abbott & Associates is donating $5,000 to pay building permit related fees for fire victims. Mayor Hunter announced a fire debriefing meeting will be held on Monday, November 10, 2003, at City Hall. Additional information is available by calling 517 -6247. Mayor Hunter announced a town hall meeting on Tuesday, November 11, 2003, at 6:30 p.m. a the Moorpark Community Center where a panel of disaster relief experts and California Insurance Commissioner, John Garamendi will provide advice on the insurance process, obtaining financial relief, and working with licensed contractors. Mayor Hunter announced the Government Office of Emergency Services will be present at the Simi Valley Police Station on Wednesday, November 12, 2003, at 9:30 a.m. Councilmember Parvin thanked the fire fighters and local residents who helped put out the fires in Moorpark. She congratulated Captain Diaz on taking two suspects into custody for the burglary of a local convenience store, which took place during the fire crisis. 0000317 f Minutes of the City Council Moorpark, California Pacre 4 November 5, 2003 Councilmember Harper requested a future workshop to evaluate what went well during the fires and what did not. He emphasized the need for better means of communication during emergency situations, as cell phones and land phone lines are not reliable. He stated Moorpark College would like to participate in such a workshop. 8. PUBLIC HEARING: A. Consider Minor Modification No. 3 to Industrial Planned Development Permit No. 1993 -01, an Application for Seasonal Outdoor Storage on an Ongoing Basis within a Parking Area of an Existing Warehouse Facility Located at 709 and 700 Science Drive, on the Application of Aldik Artificial Flowers, Inc. (Continued from October 1, 2003, with public hearing open.) Staff Recommendation: 1) Accept additional public testimony, and close the public hearing; and 2) Adopt Resolution No. 2003 -2138, denying Minor Modification No. 3 to Industrial Planned Development No. 1993 -01. Mr. Hogan gave the staff report. Mayor Hunter opened the public hearing. Steve Jarvi, representing Aldik Artificial Flowers, Inc. 709 Science Drive, Moorpark, explained the company is under new management, which is trying to clean up the site and make changes in the inventory so it fits inside the building. He spoke about the need for outdoor storage over the next five months, especially for Christmas merchandise; and provided photos to the Council reflecting the improved condition of the site. In response to Council questions, Mr. Jarvi stated a portion of the facility is sublet; the lease cannot be broken; and the previous owners did not take the zoning restrictions into consideration. Mr. Hogan stated the fundamental issue is that outdoor storage is not permitted in the Ml zone; the business has outgrown its location; and five months is not temporary outdoor storage. 000038 Minutes of the City Council Moorpark, California Paae 5 November 5, 2003 Councilmember Mikos stated the photos depict an entirely different circumstance than staff was presented with for this application; and asked if any other solutions other than moving to a new facility could be considered, such as expanding the building. Mr. Hogan stated staff could analyze whether an addition could be made to the building or whether covering the storage area would meet the requirements of the zone. In response to Councilmember Parvin, Mr. Hogan clarified a Temporary Use Permit is for unique events that are not repetitive each year and can be approved for outdoor activity by the Community Development Director for ninety days with a one -time ninety day extension. Councilmember Harper stated it is disconcerting that part of the building is sublet, causing the need for outdoor storage; he does not like to see the zone violated; and recommended the applicant return with a new application asking for a Temporary Use Permit for outdoor storage, while working to remove the sublet and moving the product inside. Councilmember Millhouse concurred with Councilmember Harper's suggestion. He stated Council values having this business in town and would like to work with the applicant; it is better to deny this application; and have the applicant return with a new request. Mr. Hogan stated if it is Council's desire to direct staff to consider a Temporary Use Permit next year to honor the one -time Christmas activity for three months and an extension for three more months, it would allow more time to work on the solution and give the applicant the opportunity to reduce inventory. Mayor Hunter stated Council is sympathetic to the applicant's request and the remaining concern is the manner in which the applicant gets to that point without violating code. He concurred with Councilmember Harper's option and requested the applicant make quick progress in cleaning up the site. 000039 Minutes of the City Council Moorpark, California Page 6 November 5, 2003 Mr. Jarvi stated they have no desire for outdoor storage on a permanent basis. Mayor Hunter closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2003 -2138, denying Minor Modification No. 3 to Industrial Planned Development No. 1993 -01, with direction to staff to work with the applicant to find alternatives. The motion carried by unanimous voice vote. 9. PRESENTATION /ACTION /DISCUSSION: A. Government Accounting Standards Board (GASB) Statement No. 34 Infrastructure Inventory Final Report. Staff Recommendation: Accept Harris and Associates Final Report, dated November 2003, and entitled "Final Report, GASB 34 Infrastructure Valuation Services. Ms. Borchard gave the staff report and introduced the project manager for the consultant, Dennis Anderson, as available for questions. Councilmember Mikos congratulated staff on the positive results of the report and stated it was interesting to learn of all the assets within the City. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to accept Harris and Associates Final Report, dated November 2003, and entitled "Final Report, GASB 34 Infrastructure Valuation Services. Councilmember Harper asked what value the report is to the City; and if the City Attorney knew of any statute requiring such a report. Mr. Montes stated the asset inventory report is advised by firms performing city audits; he is not familiar with a specific statutory requirement; however, he would be happy to research this and report back to the Council if they wish. 000040 Minutes of the City Council Moorpark, California Paqe 7 November 5, 2003 Councilmember Millhouse stated the report was valuable in terms of the City's ability to obtain financing in the private market place and for insurance purposes. Councilmember Harper stated when he was on the school board a similar report was an audit requirement; however, when researched by the board's attorney, it proved not to be a statutory requirement. He further questioned the purpose of maintaining an inventory of assets that cannot be liquidated. Ms. Borchard stated staff sees a benefit in having an inventory of assets along with an idea of their condition so anyone looking at the financial situation of the City can have a basis for their evaluation. The motion carried by unanimous voice vote. B. Consider Left -Turn Ingress from New Los Angeles Avenue into the Shopping Center Located at the Northeast Corner of New Los Angeles Avenue and Spring Road. Staff Recommendation: Direct staff to send a letter to Caltrans asking that New Los Angeles Avenue be re- striped to eliminate the left -turn pocket for the subject left -turn ingress traffic movement. Mr. Gilbert gave the staff report. Debbie Voss, representing McDonald's restaurant, 501 New Los Angeles Avenue, Moorpark, thanked the Council for previous assistance in helping their business. She expressed concern regarding the changes in the traffic over the past ten years and the affects to the businesses if left -turn ingress is prohibited on Los Angeles Avenue. Ms. Voss suggested some improvements to the area including an additional traffic light, a new driveway, speed bumps, and pruning of trees that block vehicular line of sight. She stated if the left turn is eliminated, better signage for turning on Spring Road would be warranted. Ms. Voss ended by stating she understands and concurs with staff's request, and would like to review Mr. Gilbert's information and be involved with meetings with Caltrans. In response to Councilmember Millhouse, Mr. Kueny stated staff has been unsuccessful in setting up a ©00041L Minutes of the City Council Moorpark, California Paqe 8 November 5, 2003 meeting with the owner of the apartment project to discuss an easement to allow reciprocal access and the possibility of an additional signal light at the location of the driveway for the apartments. Mr. Gilbert stated Caltrans would require a Traffic Signal Warrant Study prior to approving any installation; and he is doubtful this location would qualify. Councilmember Millhouse stated Caltrans does not move quickly due to funding issues; and he would be in favor of the suggestion for additional signage. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to direct staff to send a letter to Caltrans asking that New Los Angeles Avenue be re- striped to eliminate the left -turn pocket for left -turn ingress from New Los Angeles Avenue into the shopping center located at the northeast corner of New Los Angeles Avenue and Spring Road. The motion carried by unanimous voice vote. C. Consider Appointment of One City Representative to the Citizens Transportation Advisory Committee (CTAC). Staff Recommendation: Appoint one City representative to fill the vacancy on the Ventura County CTAC for a term ending December 31, 2004. Ms. Traffenstedt gave the staff report. Councilmember Mikos acknowledged the excellent applicants, two of whom are already serving the public. She suggested that James Thompson be considered for nomination. Mayor Hunter stated he had reviewed the applications and determined one applicant, Jay Moore has significant qualifications for this particular position. Councilmember Harper stated all three applicants could do the job. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. 0000'42 l a Minutes of the City Council Moorpark, California Paqe 9 November 5, 2003 MOTION: Mayor Hunter moved and Councilmember Parvin seconded a motion to appoint Jay Moore to fill the vacancy on the Citizens Transportation Advisory. Committee for a term ending December 31, 2004. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: Mayor Hunter requested Item 10.C. be pulled from the Consent Calendar. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of Item 10.C., which was pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - November 5, 2003. Manual Warrants Voided Warrant Payroll Liability Warrants 114292 - 114293 & 114299 114446 114294 - 114298 $ 327,684.27 $ 1,000.00 $ (0.00) $ 2,575.28 Regular Warrants 114300 - 114444 & $ 102,547.48 114445 - 114460 $ 480,576.81 Staff Recommendation: Approve the warrant register. B. Consider Resolution Amending the Fiscal Year 2003/04 Budget to Fund Fiscal Year 2002/03 Year -End Deficits in Certain Funds for the City's Landscaping and Lighting Assessment Districts. Staff Recommendation: Adopt Resolution No. 2003 -2139. ROLL CALL VOTE REQUIRED D. Consider Approval of a Traffic Study to Assess the Impacts of Closing the West End of Charles Street and the West End of Everett Street at Moorpark Avenue. Staff Recommendation: Direct staff to retain a consultant to prepare the Traffic Study described in the agenda report. 000043 L • Minutes of the City Council Moorpark, California Paqe 10 November 5, 2003 E. Consider Approving a Budget Increase for the Flinn Avenue Realignment Project (Project 8037) and Adoption of a Resolution Amending Fiscal Year 2003/04 Budget for Said Purpose. Staff Recommendation: Adopt Resolution No. 2003 -2140. ROLL CALL VOTE REQUIRED F. Consider Resolutions Approving Future Applications for Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2002 Funds. Staff Recommendation: Adopt Resolution No. 2003 -2142 and Resolution No. 2003 -2141 approving future Proposition 40 grant applications. G. Consider Resolution to Update Names of Individuals Authorized to Make Deposits and Withdrawals of Money in the Local Agency Investment Fund and Rescind Resolution No. 89 -586. Staff Recommendation: Adopt Resolution No. 2003 -2143. H. Consider Annual Review of Development Agreement Established in Connection with Residential Planned Development Permit No. 97 -1, a 312 -unit Apartment Project Located on the West Side of Moorpark Avenue, South of Park Crest Lane and North of the Arroyo Simi (Archstone Communities /Pacific Property Company). Staff Recommendation: 1) Accept the Community Development Director's Report and recommendation that, on the basis of substantial evidence, Archstone Communities and Pacific Property Company have complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. I. Consider Report of Annual Development Agreement Review, Established in Connection with Industrial Planned Development No. 1995 -02 and Tract No. 5004 (Special Devices, Incorporated (SDI) and Daniel F. Selleck). 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. o00044 Minutes of the City Council Moorpark, California Page 11 November 5, 2003 The following item was pulled for individual consideration: C. Consider Calleguas Pump Station. Staff Recommendation: Authorize the City Manager, or his designee, to prepare and execute any agreements, licenses, permits or easements required to approve and facilitate the construction of the subject project, and authorize the City Clerk to accept and record any such documents requiring such action. Mayor Hunter expressed concern with Caltrans' plans to close Spring Road for significant periods of time and asked staff to work to minimize or eliminate the closures. Mr. Gilbert stated it is staff's intent to work to minimize road closures. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to authorize the City Manager, or his designee, to prepare and execute any agreements, licenses, permits or easements required to approve and facilitate the construction of the Calleguas pump station, and authorize the City Clerk to accept and record any such documents requiring such action. The motion carried by unanimous voice vote. 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for Items 12.B. and 12.C. MOTION: Councilmember Mikos seconded a motion to adjourn to of Items 12.B. (four cases) and carried by unanimous voice vote. moved and Councilmember Harper closed session for a discussion 12.C. on the agenda. The motion The time was 8:47 p.m. B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) 000045 w i Minutes of the City Council Moorpark, California Paae 12 November 5, 2003 C. 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. Present in closed session were Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. Mr. Hogan and Mr. Kueny left the meeting at 9:25 p.m. Mr. Kueny returned to the closed session at 9:50 p.m. The Council reconvened into open session at 10:02 p.m. Mr. Kueny stated four cases under Item 12.B. and Item 12.C. were discussed and that there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 10:02 p.m. ATTEST: Deborah S. Traffenstedt City Clerk Patrick Hunter, Mayor