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HomeMy WebLinkAboutAGENDA REPORT 2003 1217 CC REG ITEM 10Ar € "I h1i. of ACTION: MINUTES OF THE CITY COUNCIL Moorpark, California ITEM JD•A. September 3, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on September 3, 2003, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Pro Tempore Millhouse called the meeting to order at 7:12 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Parvin led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Parvin, and Mayor Pro Tempore Millhouse. (Mayor Hunter arrived at 9:18 p.m.) 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. Recognition of Allen Walter, Maintenance and Operations Supervisor for 15 Years of Service to the City of Moorpark. Mayor Pro Tempore Millhouse presented Allen Walter with a Certificate of Recognition for his 15 years of service to the city of Moorpark. Mr. Walter spoke about the many changes in the city of Moorpark over the years of his tenure and thanked the staff and City Council for the recognition. 000202 Minutes of the City Council Moorpark, California Page 2 September 3, 2003 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Pro Tempore Millhouse requested Item 9.A. be heard prior to Public Hearings. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Pro Tempore Millhouse reported on transportation funding in California in regard to the widening of State Route 23 and its status as a priority item once funding becomes available. AT THIS POINT in the meeting Item 9.A. was heard. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Presentation by Mary Schwabauer on the Reaional Civic Alliance for Ventura Countv. Mary Leavens Schwabauer, Board Member of the Ventura County Community Foundation, introduced Dr. Lyle Wray, Director of Regional Civic Alliance of Ventura County, 1317 Del Norte Road, Suite 150, Camarillo, who gave a brief outline of the program offered by the organization. Dr. Wray described the mission of the Alliance in providing a forum for looking at the future of the economy, the environment, and social equity of Ventura County. 8. PUBLIC HEARING: A. Consider Amendments to 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 17.69 (Public Notice) . Continued with public hearing open from August 20, 2003. Staff Recommendation: 1) Continue to accept public testimony and close the public hearing; and 2) Introduce Ordinance No. 297 for first reading, approving Zoning Ordinance Amendment No. 2002 -05, and schedule second reading and adoption for September 17, 2003. 000203 Minutes of the City Council Moorpark, California Page 3 September 3, 2003 Mr. Hogan gave the staff report and made corrections to stamped pages 13 and 18. In response to Council questions, Mr. Hogan stated an application for a second dwelling unit would only apply to owner occupied properties, which is typical in most communities; the one church with a commercial use will be grand- fathered as a non - conforming use in its current location; there will continue to be enough locations for churches, as they are allowed under a Conditional Use Permit in residential zones, other than the Open Space and Trailer Park zones, and an amendment to the ordinance can be considered in the future; and a Temporary Use Permit for outdoor sales can be issued for up to a 90 -day period. Mayor Pro Tempore Millhouse stated this is a continued item with the public hearing open. Glen Becerra, representing Southern California Edison, 25625 West Rye Canyon Road, Valencia, stated under the proposed ordinance, they would be precluded from developing their substation property on Los Angeles Avenue as a self- storage facility. He requested the Council consider placing Southern California Edison properties in committee for discussion of their best use. In response to Councilmember Harper, Mr. Kueny stated staff's recommendation would be to adopt the ordinance and deal with the Southern California Edison property as a separate issue with an ad hoc committee for focused discussion. In response to Councilmember Mikos, Mr. Becerra stated he could not provide a list of specific uses for the property, but regardless of the use, there would be concerns regarding height, safety, and homeland security issues. Tom Lucas, representing Performance Nursery, 12777 Tierra Rejada Road, expressed concern he would not, under this ordinance, be allowed to develop the M -2 zoned property he owns under the State Route 23 /Highway 118 bridge for a produce stand or Recreational Vehicle storage. 000204 Minutes of the City Council Moorpark, California Page 4 September 3, 2003 In response to Councilmembers Mikos and Parvin, Mr. Hogan stated staff would work with Mr. Lucas to site a produce stand in conjunction with plant production sales that would meet requirements; and if the portion of Los Angeles Avenue adjacent to his property is defined as an arterial, an RV storage site would be restricted under the current code. Mayor Pro Tempore Millhouse recommended Mr. Lucas participate in the Specific Plan hearings, which will be forthcoming for this particular area. Mayor Pro Tempore Millhouse closed the public hearing. Councilmember Harper stated staff has done a good job streamlining the code and the matrix is well thought out. Councilmember Parvin stated the changes are easier to read and eliminate the requirement for an Administrative Permit for room additions and patio covers, which will save time for residents and staff. Councilmember Mikos stated a good thing and changes matrix is put into use. the streamlining process is may be needed after the Mayor Pro Tempore Millhouse echoed the Councilmembers' comments and commended staff and the Planning Commission for eliminating the symbols which made the document so complex. He suggested adopting the City Manager's recommendation to create an ad hoc committee to deal with the Southern California Edison issue. Mr. Montes read the title of Ordinance No. 297. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to waive further reading of Ordinance No. 297 and declare Ordinance No. 297, as amended, introduced for first reading. The motion carried by voice vote 4 -0, with Mayor Hunter absent. CONSENSUS: It was the consensus of the Council to direct staff to schedule consideration of an Ad Hoc Committee for discussion of Southern California Edison properties for the September 17, 2003, meeting. 000205 Minutes of the City Council Moorpark, California Page 5 September 3, 2003 B. Consider Minor Modification No. 3 to Industrial Planned Development Permit No. 1993 -01, and 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. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2003- denying Minor Modification No. 3 to Industrial Planned Development No. 1993 -01. Mr. Hogan stated the applicant has requested a continuance to October 1, 2003. Mayor Pro Tempore Millhouse opened the public hearing. In response to Mayor Pro Tempore Millhouse, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to continue this item with public hearing open to October 1, 2003. The motion carried by voice vote 4 -0, with Mayor Hunter absent. C. Consider General Plan Amendment No. 2003 -03: Amendment to the Circulation Element of the General Plan to Add a Westerly Extension of High Street between Moorpark Avenue and Gabbert Road to the Highway Network as a Local Collector and Add "A" Street from Tract No. 5187 (William Lyon Homes) to the Highway Network as a Rural Collector. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2003 -2115, adopting a Negative Declaration and approving General Plan Amendment No. 2003 -03. Mr. Hogan gave the staff report. In response to questions from the Council, Mr. Hogan stated the traffic model took into consideration the completion of North Hills Parkway and the build -out of Hitch Ranch; the traffic model shows the traffic flowing south, and it is reasonable to expect a reduction in trips on Casey Road if High Street is 000206 Minutes of the City Council Moorpark, California Page 6 September 3, 2003 extended; trips from the William Lyon planned affordable housing project, the Toll Brothers project, West Pointe project and SunCal project were included in the updated traffic model conducted for the North Park Village project analysis; and it makes sense to have a parallel street to Poindexter Avenue, since the traffic flow is to the south and why push traffic north to Casey Road that wants to go south. Mayor Pro Tempore Millhouse opened the public hearing. Diana Caro, a Moorpark resident, spoke in opposition to the extension of High Street, stating the old world charm of High Street will be lost, the Pepper trees impacted, and the numbers contained in the traffic model are questionable. Colin Velazquez, a Moorpark business owner, 601, Moorpark Avenue, questioned the reduction in the number of trips on High Street from the number calculated in the 1992 General Plan Circulation Element; the lack of an Environmental Impact Report (EIR), especially when the property at 601 Moorpark Avenue has been declared to be an historical resource; and why the need to rush into this amendment without an EIR. He stated he has no objection to adding "A" Street. Gayle Bruckner, a Moorpark resident, spoke in opposition to the extension of High Street, expressing concerns regarding railroad problems, safety problems, and dangers to children walking down Gabbert Road due to the lack of school bus service. She questioned the accuracy of using a Negative Declaration rather than an EIR. Cindy Hollister, a Moorpark resident, spoke in opposition to the extension of High Street, citing significant aesthetic, noise, population and housing, transportation and traffic impacts. She also stated the significance determinations in the negative declaration were incorrect and requested an EIR be prepared. Mayor Pro Tempore Millhouse closed the public hearing. 000207 Minutes of the City Council Moorpark, California Page 7 September 3, 2003 In response to Councilmember Harper, Mr. Hogan stated the computer model is most accurate to a five -year horizon, assuming the project and plans it is based upon remain the same; the amendment is not an approval to build the road, it is an approval to put a line on a map for a road when the area is developed; it does not change anything in the Gabbert Road area; it is only substituting High Street for Casey Road; it is possible, when the precise road alignment and construction are proposed, an EIR would be needed; the traffic model would be run again, taking into consideration all of the traffic analysis zones and using the most current information; and staff uses a traffic model consultant. Councilmember Mikos stated she concurs with staff that the Casey Road and High Street segments from Gabbert Road east are essentially the same, but she is surprised there is not much change in the number of vehicles traveling those segments; there is nothing in this report to cause concern for the removal of Pepper trees on High Street; and there will be a public workshop to discuss the condition of those trees. She also stated it would be helpful if staff could provide a level of comfort to the public that the traffic analysis is accurate; indicate at what point this line on the map will be become real; and asked whether an EIR would address the types of concerns mentioned by the public speakers. In response to Councilmember Mikos, Mr. Hogan stated the Hitch Ranch project would have to perform a traffic study and all of the issues mentioned by the residents would be analyzed both for the North Hills Parkway and this High Street collector road. Mr. Kueny stated prior to 1992, there has been an extension of High Street planned with the selection of Casey Road as the more dominant route; the School District property was always supposed to be served by High Street; and nothing changes under this proposal except High Street becomes the predominant route, rather than Casey Road. 000208 Minutes of the City Council Moorpark, California Page 8 September 3, 2003 In response to Councilmember Mikos, Mr. Hogan stated the timing of North Hills Parkway or other street access alternatives will become clear after the Council takes action on Hitch Ranch. In response to Councilmember Parvin, Mr. Hogan stated the plan for High Street to be the strong link gives guidance to property owners and developers in the area for planning purposes; an EIR will be done for Hitch Ranch; and there are no plans to widen existing High Street east of Moorpark Avenue, at this time. In response to Mayor Pro Tempore Millhouse's concerns about committing to this change and his suggestion to study closing the Gabbert Road connection and open Casey Road to Poindexter Avenue, Mr. Kueny stated this suggestion does not consider that Gabbert Road south of the railroad tracks is an arterial street on the Circulation Element; there would be limitations on available right -of -way on Poindexter Avenue to convert it to an arterial; and there are two industrial properties with Development Agreements requiring improvements to Gabbert Road, which would need to be re- negotiated if changes are made. A discussion followed between the Council and staff focusing on anticipated objections from the Moorpark Unified School District if traffic were funneled by the middle school on Poindexter Avenue; the impact of adding another railroad crossing in this area; and the unlikelihood of needing this extension if Hitch Ranch is not approved. In response to Councilmember Parvin, Mr. Hogan stated when a traffic study is requested a base -line of existing conditions is established prior to running a model, and then a model is run that is based on the proposed build -out condition with the revised circulation system. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2003 -2115. The motion carried by voice vote 3 -1, with Mayor Pro Tempore Millhouse dissenting and Mayor Hunter absent. 000209 Minutes of the City Council Moorpark, California Pa 9. PRESENTATION /ACTION /DISCUSSION: B. Consider Action Avenue, Between and the Route 118 the Possible Chan East of Collins 9 September 3, 2003 to Change the Name of Los Angeles the Present East End of High Street Freeway, to High Street, and Discuss ae to the Name of Los Anaeles Avenue Drive. Staff Recommendation: 1) Adopt Resolution No. 2003 -2116 changing the street name for the segment of Los Angeles Avenue east of High Street, to High Street, with said action to become effective on May 1, 2004; and 2) Direct staff to send a notice to affected property owners and residents of a public meeting to consider changing the name of Los Angeles Avenue east of Collins Drive. Mr. Gilbert gave the staff report. AT THIS POINT in the meeting, Mayor Hunter arrived. The time was 9:18 p.m. John Newton, 165 High Street, Suite 103, Moorpark, spoke on behalf of Kavlico, stating the cost to convert their address will be $300,000; if this change is approved, they would like to spread the cost over a two -year period; there have been benefits to worldwide recognition of the words Los Angeles; and a simple solution would be to remove the word "New" from the off -ramp on the freeway. He reminded the Council, Kavlico is the largest employer in Moorpark. Christina May, a Moorpark resident, spoke in support of an East and West Los Angeles Avenue and changing New Los Angeles Avenue to Marketplace Way, Promenade Way, or her preference, changing East Los Angeles Avenue between High Street and Princeton Avenue to Princeton Avenue. In response to Mayor Hunter, Mr. Newton stated the $300,000 includes the cost to change Kavlico's stationery and other forms. Laura Burchfield, Controller for Kavlico, 14501 Los Angeles Avenue, Moorpark, stated the $300,000 cost would also include changes to electronic correspondence worldwide and banking services such as wire transfers. 000210 Minutes of the City Council Moorpark, California Page 10 September 3, 2003 Councilmember Harper stated he appreciates Kavlico and would want to allow a reasonable amount of time for the change; the change is necessary since emergency vehicles responded to the wrong road during an alleged kidnapping incident; and changing the name to High Street or Princeton Avenue makes sense. Councilmember Parvin stated the Council does not want to appear unfriendly to business, but to allow a two - year period for this change to take place puts the public in danger of emergency response going to the wrong location. Councilmember Mikos stated she could support Alternative No. 4 with Princeton Avenue running to Virginia Colony and then changing the rest to High Street; or Princeton Avenue all the way to Spring Road. Councilmember Millhouse stated High Street all the way from the freeway is not the best solution, although it could attract business to the downtown area. Councilmember Parvin stated she could support Princeton Avenue all the way to Spring Road. Councilmember Mikos concurred and stated she has no problem with a two -year time frame. Mayor Hunter stated he is sympathetic to Kavlico; however, public safety should be the primary concern; he prefers changing Los Angeles Avenue from Campus Park Drive down to Spring Road to Princeton Avenue; and would support implementing the change January 1, 2005. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to adopt Resolution 2003 -2116, as amended to change the street name for the segment of Los Angeles Avenue east of High Street, to Princeton Avenue with an effective date of January 1, 2005. The motion carried by unanimous voice vote. CONSENSUS: It was the consensus of the Council to defer consideration of the name change for the segment of Los Angeles Avenue east of Collins Drive to the Transportation and Streets Committee for further consideration. 000211L Minutes of the City Council Moorpark, California Page 11 September 3, 2003 Mr. Kueny stated staff would notify residents of Villa Del Arroyo Mobilehome Park of any committee meetings. C. Consider Status of Residential Planned Development Permit Nos. 96 -01 and 99 -04 (Tract 5053 and Tract 5204), a Detached Single Family Residential Unit Project, Located on the South Side of Los Angeles Avenue, West of Leta Yancy Road (Pacific Communities) . Staff Recommendation: 1) Accept the Affordable Housing Community Development Committee recommendation to confirm the expiration date for Residential Planned Development Permit Nos. 96 -01 and 99 -04 as June 16, 2004; and 2) Accept the Affordable Housing Community Development Committee recommendation to authorize the Community Development Director to approve up to a two (2) year time extension to June 16, 2006, if circumstances warrant. Mr. Hogan gave the staff report. In response to questions from the Council, Mr. Hogan clarified the situation with the Flood Control District indicating the flood zone perpendicular to the Arroyo is still under study and will require right -of -way from the development to be dedicated to the Flood Control District; and Shea Homes is moving forward with study of improvements along their portion of the Arroyo to the east of this project. Mr. Gilbert stated the Walnut Canyon /Gabbert Road study performed five to seven years ago, approved an option to study a Shasta bypass through this project; in the last few weeks the County Watershed Protection District decided there is a conflict with this plan and the Buttercreek bypass; it has been determined the Shasta bypass is no longer needed, at a savings of $5 million dollars; the only impact on this property is the replacement of sub - standard and old, existing pipes running through the property; and the District is working with the developer to replace these pipes so there will not be the added problem of trying to get a large culvert through this site with the associated right -of -way dedication. In response to Councilmember Harper, Mr. Kueny stated there is no way for the City to expedite this project. ®0021.2 Minutes of the City Council Moorpark, California Page 12 September 3, 2003 Councilmember Mikos stated it only seems fair to allow the applicant additional time, since the delay was due to the insurmountable flood control issues. Nelson Chung, representing Pacific Communities Builder, Inc., 1000 Dove Street, Newport Beach, stated they had changed the date on the signage at the site to anticipated completion in 2007; the channel was designed by the Watershed Protection District two years ago; the agreement is signed with the Flood Control District; and the applicant will be reimbursed for replacing one line. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to: 1) Confirm the expiration date for Residential Planned Development Permit Nos. 96 -01 and 99 -04 as June 16, 2004; and 2) Authorize the Community Development Director to approve up to a two- (2) year time extension to June 16, 2006. The motion carried by unanimous voice vote. 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. A. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - September 03, 2003. Regular Warrants 113871 - 113884 $ 98,988.06 Staff Recommendation: Approve the warrant register. B. Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - September 03, 2003. Manual Warrants 113587 - 113589 & $ 843.32 113702 - 113703 $ 1,264.08 Payroll Liability 113704 - 113707 $ 877.53 Warrants Regular Warrants 113708 - 113870 $ 346,739.40 Staff Recommendation: Approve the warrant register. 000213 Minutes of the City Council Moorpark, California Page 13 September 3, 2003 C. Consider Budaet Amendment for the Purchase of the Property at 296 Charles Avenue. Staff Recommendation: Adopt Resolution No. 2003 -2117, amending the Fiscal Year 2003/04 Budget by appropriating $121,000 from the Central Zone of the Park Improvement Fund (2111). ROLL CALL VOTE REQUIRED D. Consider Approval of Plans and Specifications for the Procurement and Installation of Transit Bus Shelters. Staff Recommendation: Approve the plans and specifications for the procurement and installation of transit bus shelters, and authorize staff to proceed with the bid process for this project. E. Consider Adoption of Resolution Amending the Fiscal Year 2003/04 Budget by Appropriating Older Americans Act (OAA) Grant Funds for Disease Prevention and Health Promotion Services at Senior Centers. Staff Recommendation: Adopt Resolution No. 2003 -2118. ROLL CALL VOTE REQUIRED F. Consider Rejection of Claim: Jose L. Jaurequi. Staff Recommendation: Reject the claim and direct staff to send a standard rejection letter to the claimant. G. Consider Replacement of the Kawasaki Motorcycle with a Harley- Davidson Motorcycle and Allocate $19,988.45 from the Fiscal Year 2003/04 Budget Equipment Replacement Fund for the Purchase of a Harley- Davidson Motorcycle. Staff Recommendation: Approve the purchase of one 2004 Harley- Davison FLHTPI Electra Glide Police Motorcycle at a cost of $19,988.45 from the Fiscal Year 2003/04 Budget Equipment Replacement Fund. H. Consider the City of Moorpark General Plan Annual Report Including the Housing Element Progress Report - September 2002 to August 2003. Staff Recommendation: 1) Receive and file the report; and 2) Direct staff to forward a copy of the agenda report to: Governor's Office of Planning and Research, State Department of Housing and Community Development, and to the County of Ventura Planning Division. I. Consider Selection of Consultant to Prepare a Rail Trail Study Investigating the Feasibility of Construction of a Trail Alona the Rail Riaht- of -Wav 000214 Minutes of the City Council Moorpark, California Page 14 September 3, 2003 Between Moorpark Avenue and a Point East of Spring Road and Adoption of a Resolution Amending the Fiscal Year 2003/04 Budget for the Project. Staff Recommendation: 1) Approve the selection of RRM Group to prepare the subject study; and 2) Adopt Resolution No. 2003 -2119. ROLL CALL VOTE REQUIRED. J. Consider Approving an Increase to the Estimated Cost for the Flinn Avenue Realignment Project (Project 8037) and Adoption of a Resolution Amending Fiscal Year 2003/04 Budget for Said Purpose. Staff Recommendation: 1) Approve the revised project costs as set forth in the agenda report; and 2) Adopt Resolution No. 2003 -2120. ROLL CALL VOTE REQUIRED. K. Consider Notice of Completion for the 2003 Slurry Seal Project. Staff Recommendation: Accept the work as complete. 11. ORDINANCES: A. Consider Ordinance No. 295, an Ordinance of the Cit of Moorpark, California, Approving Zone Change No. 2002 -01 for a Change of Zone from Rural Exclusive - 5 Acres Minimum Lot Size (RE -SAC) and Open Space (OS) to Residential Planned Development - 7 Units Per Acre (RPD -7U) on 3.15 Acres of Land, Located West of Walnut Canyon Road, Approximately One -Half Mile North of Casey Road, on the Application of William Lyon Homes. Staff Recommendation: Declare Ordinance No. 295 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 295. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to waive further reading, declare Ordinance No. 295 read for the second time, and adopted as read. The motion carried by unanimous voice vote. 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for discussion of Items 12.B., 12.C. and 12.D. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to adjourn to closed session for a discussion of Items 12.B. (four cases), 12.C., and 12.D. on the agenda. 000215 Minutes of the City Council Moorpark, California Page 15 September 3, 2003 The motion carried by unanimous voice vote. The time was 9:52 p.m. B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 511 -0- 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 D. 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. The Council reconvened into open session at 10:45 p.m. Mr. Kueny stated four cases under Item 12.B. and Item 12.D. were discussed and there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 10:45 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 00021.6 MINUTES OF THE CITY COUNCIL Moorpark, California October 1, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on October 1, 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 7:11 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 Blanca Garza, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation declaring October 1 to October 12, 2003, Celebration of the Arts in Ventura County. Mayor Hunter presented the Proclamation to Margarita Riley and Penny Paterson, members of the Moorpark Arts Commission. Ms. Riley thanked the Council and provided information on local arts and musical events in Moorpark. She introduced Becky Stewart from Walnut Canyon Elementary School who led the Walnut Canyon Chorus in a drug prevention song. 00021'7 Minutes of the City Council Moorpark, California Page 2 October 1, 2003 B. Proclamation declaring October 6 to October 10, 2003, Rideshare Week. Mayor Hunter presented the Proclamation to John Brand, Senior Management Analyst in the Community Services Department. C. Recognition of Debra Broussalian, Executive Secretary, for 15 Years of Service to the city of Moorpark. Mayor Hunter presented Debra Broussalian with a Certificate of Recognition for her 15 years of service to the city of Moorpark. Ms. Broussalian thanked the Council and the City for the recognition. She stated Moorpark is a wonderful place to live, work, and raise a family; and she appreciates the flexibility given to her by the City, which has enabled her continuous service. D. Recognition of Deborah Traffenstedt, Assistant to City Manager /City Clerk for 15 Years of Service to the city of Moorpark. Mayor Hunter presented Deborah Traffenstedt with a Certificate of Recognition for her 15 years of service to the city of Moorpark. Ms. Traffenstedt thanked the Council and stated she feels fortunate to live in and work for the city of Moorpark; and she enjoys the opportunities and challenges of her job, and the people with whom she works. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Millhouse requested Item 8.D. be reordered first under Public Hearings. CONSENSUS: It was the consensus of the Council the hear Item 8.D. first under Public Hearings. Mr. Kueny requested Item 10.F. be pulled from the Consent Calendar to be rescheduled for a subsequent meeting. 000218 Minutes of the City Council Moorpark, California PaQe 3 October 1, 2003 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: None. CONSENSUS: It was the consensus of the Council to recess the City Council meeting and convene the Redevelopment Agency meeting after Item 8.D. 8. PUBLIC HEARING: D. Consider Minor Modification No. 1 to Major Modification No. 3 to Commercial Planned Development Permit (CPD) No. 89 -01 Requesting Approval of Two (2) Outdoor Swimming Pools, Restroom Facilities and a Recreation Area Associated with an Existing Health Club, Located at 543 West Los Angeles Avenue (Mission Bell Plaza). Staff Recommendation: 1) Open the public hearing, accept pubic testimony, and close the public hearing; and 2) Adopt Resolution No. 2003 -2129, approving Minor Modification No. 1 to Major Modification No. 3 to CPD No. 89 -01, subject to Conditions of Approval. Mr. Hogan gave the staff report and indicated there is only one Condition of Approval outstanding. In response to Councilmember Mikos, Mr. Hogan stated other than Moorpark Unified School District (MUSD) swim events, no outside activities are anticipated for the club; any requests for regular use by any other outside events would require a Modification or a Permit Adjustment, while a special event could be handled by a Temporary Use Permit; the interface improvements with Poindexter Park are part of Condition of Approval No. 5 on Stamped Page 63; and MUSD is looking at this use as a long -term, but not a permanent solution to their need for a swimming pool. A discussion followed among the Council and staff focusing on the impacts of traffic generated by this use in the surrounding neighborhood; sufficient parking for buses involved in swim meets; the possibility of closing the access driveway at Lassen Avenue once the traffic signal is installed at Shasta Avenue; the timing for installing the signal; and a future agenda item to reconsider the driveway after the signal is operating. 000219 Minutes of the City Council Moorpark, California Paqe 4 October 1, 2003 Mayor Hunter opened the public hearing. Chris Henno, managing partner for Mavericks Sports Club, 107 Jefferson Avenue, Ventura, discussed their proposal and expressed concern regarding the interface with Poindexter Park being tied to the Certificate of Occupancy. Ms. Traffenstedt stated there were ten Written Statement cards in favor of the proposal. In response to Mayor Hunter, Mr. Hogan suggested the interface with Poindexter Park could be prior to or concurrent with the pool decking installation. In response to Mayor Hunter, Mr. Henno concurred with the change. CONSENSUS: It was the consensus of the Council to modify Condition No. 5 to allow the interface with Poindexter Park to be prior to or concurrent with the pool decking installation. Mayor Hunter closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to Adopt Resolution No. 2003 -2129, approving Minor Modification No. 1 to Major Modification No. 3 to CPD No. 89 -01, subject to Conditions of Approval, as amended to allow the change to Condition No. 5. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:47 p.m. The City Council meeting reconvened at 7:48 p.m. 8. PUBLIC HEARING: (continued) 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 September 3, 2003, with public hearing open.) Staff Recommendation: Accept additional public testimony, and continue the agenda item with 000220 Minutes of the City Council Moorpark, California Paqe 5 October 1, 2003 the public hearing open to the November 5, 2003, City Council meeting. Mr. Hogan stated the applicant has requested a continuance to November 5, 2003. Mayor Hunter stated the public hearing remains open. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to continue this item with public hearing open to November 5, 2003. The motion carried by unanimous voice vote. B. Consider General Plan Amendment Pre - Screening Application No. 2003 -01 to Amend the General Plan Land Use Designation for Approximately 48.2 Acres of Land from Rural Low to Medium Density on the North Side of Casey Road, West of Walnut Canyon Road on the Application of 1 Moorpark LLC (Centex Homes and E. Mansi) . Staff Recommendation: Direct staff to accept a General Plan Amendment application for the proposed project, provided a Zone Change application, Residential Planned Development Permit application, Tentative Tract Map application, and Development Agreement application are filed for concurrent processing. Mr. Hogan gave the staff report. Mayor Hunter opened the public hearing. Ron Gallagher, representing Centex Homes, 27200 Tourney Road, Valencia, stated he was available for questions. Richard Doss, civil engineer for the project, Pacific Coast Civil, Inc., 30141 Agoura Road, Agoura Hills stated he was available for questions. Susan Delgado, a Moorpark resident, expressed concerns regarding traffic on Casey Road and signalized access from Walnut Canyon Road. Mayor Hunter explained there will be another opportunity for the public to express their concerns 00022.1 Minutes of the City Council Moorpark, California Paqe 6 October 1, 2003 when the project comes back to the Planning Commission and then the City Council. He stated this action is only to allow the applicant to file an application for a General Plan Amendment. Manuel Tessier, a Moorpark resident, expressed concern regarding the possibility of condemnation of his property and asked staff for input on this possibility. Mayor Hunter requested Mr. Tessier provide specific information to Mr. Hogan regarding his property for a future response. Ms. Traffenstedt stated there were two Written Statement cards in opposition to the proposal. A discussion followed among the Councilmembers focusing on concerns regarding compliance with the Hillside Protection Ordinance; expanding the boundaries of the study area to include adjacent properties; an improved circulation plan; and looking at the benefits of the project versus the drawbacks. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to: 1) Accept a General Plan Amendment application for the proposed project, provided a Zone Change application, Residential Planned Development Permit application, Tentative Tract Map application, and Development Agreement application are filed for concurrent processing; and 2) Staff to include a study of any other property considered appropriate by the Community Development Director for this project. The motion carried by unanimous voice vote. C. Consider General Plan Amendment Pre - Screening Application No. 2000 -02 to Amend the General Plan Land Use Designation for Approximately 42.4 Acres of Land on the East Side of Walnut Canyon Road, Adjacent to Championship Drive from Rural Low to Rural High on the Application of A. DeeWayne Jones (Birdsall Construction). Staff Recommendation: Direct staff to accept a General Plan Amendment application for the proposed project, provided the area for proposed Lots 3 through 6 is preserved as additional open space, and a Zone Change application, Residential Planned 000222 Minutes of the City Council Moorpark, California Paqe 7 October 1, 2003 Development Permit application, Tentative Tract Map application, and Development Agreement application are filed for concurrent processing. Mr. Hogan gave the staff report. In response to Councilmember Parvin, Mr. Hogan stated there were changes in the design resulting in a recommendation Lots 3 -6 be protected rather than Lots 3 -7. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. A discussion followed among the Councilmembers, the City Attorney, and staff focusing on the procedure and legality of conditionally filing an Open Space dedication for Lots 3 -6; the applicant's prerogative to ask for relief from a condition anytime during the application process; whether a decision should be made prior to having all of the facts; and the concern for moving forward on something that is not recommended. In response to Councilmember Mikos, Mr. Montes stated the Council has the legal authority to approve or deny the application, as well as to apply conditions for which lots can be included in the Open Space dedication. Kath McCunney, M3 Civil, 400 Rosewood, Camarillo, representing the applicant, stated the applicant has no objection to preserving biologically sensitive areas. Councilmember Millhouse stated he would not be in favor of conditioning the biologically sensitive areas without first having a study performed as would be done as part of this application moving forward. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to accept a General Plan Amendment application for the proposed project, provided the area for proposed lots 3 through 6 is preserved as additional open space, and a Zone Change application, Residential 000223 Minutes of the City Council Moorpark, California Page 8 October 1, 2003 Planned Development Permit application, Tentative Tract Map application, and Development Agreement application are filed for concurrent processing. The motion carried by voice vote 4 -1, with Councilmember Millhouse dissenting. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider City Council Policy on Commenting on Development Projects before the Planning Commission. Staff Recommendation: Direct staff as deemed appropriate. Mr. Montes gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. A discussion followed among the Councilmembers and the City Attorney focusing on accepting written comments from Councilmembers on the CEQA process, and the existence of an independent Planning Commission not to be influenced by Council in their deliberations. CONSENSUS: It was the consensus of the Council for the City Attorney to prepare and present a draft policy on City Council comments on projects before the Planning Commission at a subsequent meeting. B. Consider the Public Review Opportunities for the North Park Specific Plan Project and Environmental Impact Report. Staff Recommendation: Direct staff as deemed appropriate. Mr. Hogan gave the staff report. Councilmember Mikos stated this is the first time the final decision for a project will be made by the voters of Moorpark and it is very important the public be well informed about the process. Kim John Kilkenny, representing North Park Village, L.P., 680 Walnut Street, Moorpark, concurred with the staff report and Council's desire to keep the public well informed. Pierce Verceur, a Moorpark resident, stated the (Environmental Impact Report (EIR) is not adequate and 000224 Minutes of the City Council Moorpark, California Paqe 9 October 1, 2003 asked staff if the Draft EIR could be rejected in order to halt the project from moving forward. In response to Mayor Hunter, Mr. Hogan explained the Planning Commission has the authority to reject the Draft EIR; and staff reviews the Draft EIR prepared under contract prior to public circulation. He stated staff does not believe the Draft EIR is inadequate; and response to comments will make the EIR better. Randy Griffith, a Moorpark resident and registered engineer experienced in environmental consulting focused on groundwater studies, stated most of the attention in the EIR was paid to surface water; over- draft of Fox Canyon Aquifer is an issue and the public receives two different versions on this issue in the EIR Appendix; CEQA allows for the option for recirculation; and asked staff to re- examine this issue. Mr. Hogan stated comments on ground water will be analyzed and if it is determined there is a significant issue requiring recirculation of the draft EIR, then staff will respond to the comments and make a decision. In response to Mayor Hunter, response to comments would September 25, 2003; the Commission will be provided comments and responses on the Commission public hearings will Mr. Hogan stated the be 30 -45 days from Council and Planning with copies of all Final EIR; and Planning be advertised. In response to Councilmember Mikos, Mr. Montes clarified that the Draft EIR document is circulated for public comments and these comments and the responses to the comments are appended to the Draft EIR and become what is known as the Final EIR, which is not actually final until it is certified. He also stated that until the Final EIR is certified, portions of it may still be re- circulated. In response to Mayor Hunter, Mr. Montes confirmed that the course of action being taken at this time is to collect all of the comments, make the responses, and then determine if portions of, or all of the Draft EIR may need to be re- circulated. 0 0022 Minutes of the City Council Moorpark, California Paqe 10 October 1, 2003 Councilmember Mikos stated this explanation of the process is beneficial for those members of the public who have requested re- circulation of the EIR and may have misunderstood the Planning Commission's action to close the public hearing on the Draft EIR. Councilmember Millhouse stated the process is now very clear and staff has done an excellent job; discussion on the merits of the Draft EIR are inappropriate at this time and do not comply with the rules of procedure; and it may be beneficial to the public if a schedule of hearings for this process is made available. Councilmember Harper echoed Councilmember Millhouse's comments regarding staff's presentation and his comfort level with the public's ability to make comments on the Draft EIR even beyond the time frame required by law; a timeline would be an excellent and helpful tool; and it should be clear that the term Final EIR means nothing until it is certified. Councilmember Parvin stated staff has made it very clear how the process works; her observations of the Planning Commission's televised meetings did not leave her with an impression the public's comments were not taken seriously; and anyone who feels they have questions regarding the process should call City Hall. CONSENSUS: It was the consensus of the Council to take no action. 10. CONSENT CALENDAR: MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of Item 10.F., which was pulled to be rescheduled. The motion carried by unanimous roll call vote. A. Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - October 1, 2003. Manual Warrants 114013 - 114014 & $ 184.20 Voided Warrant 113909 & 113930 & $ (305.40) 114124 000226 Minutes of the City Council Moorpark, California Page 11 October 1, 2003 Payroll Liability Warrants 114015 - 114019 $ 2,570.53 Regular Warrants 114020 - 114119 & $ 91,089.50 114120 - 114147 $ 968,316.09 Staff Recommendation: Approve the warrant register. B. Consider the Conversion of a Police Traffic Car to a Police Motorcycle; and Adoption of a Resolution Amending the Fiscal Year 2003/04 Budget to Allocate $21,788.45 from the General Fund for the Purchase of a Harley- Davidson Motorcycle. Staff Recommendation: Approve the purchase of one 2004 Harley- Davidson FLHTPI Electra Glide Police Motorcycle law enforcement motorcycle and communications equipment at a total cost of $21,788.45, and adopt Resolution No. 2003- 2130, amending the FY 2003/04 budget. ROLL CALL VOTE REQUIRED C. Consider Resolution Establishing the Fares for the City Transit Services, and Rescinding Resolution 2000- 1746. Staff Recommendation: Adopt Resolution No. 2003 -2131, establishing transit fares, and rescind Resolution 2000 -1746. D. Consider Resolution Rescinding Resolution No. 94 -1076 Pertaining to Parking Restrictions on Mountain Trail Street Near Moorpark High School and Establishing Revised Parking Restrictions on Said Street. Staff Recommendation: Adopt Resolution No. 2003 -2132. E. Consider a Resolution Amending the Fiscal Year 2003/04 Budget to Appropriate Additional Funds for the Moorpark Symphony Orchestra. Staff Recommendation: The Budget and Finance Committee and staff recommend the adoption of Resolution No. 2003 -2133, amending the FY 2003/04 Budget to appropriate an additional $2,500 to the Moorpark Symphony Orchestra. ROLL CALL VOTE REQUIRED The following item was pulled, and by consensus, the Council directed staff to reschedule this item for a subsequent meeting. 00022'7 Minutes of the City Council Moorpark, California Paae 12 October 1, 2003 F. 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- , amending the Budget for this project. ROLL CALL VOTE REQUIRED 11. ORDINANCES: A. Consider Ordinance No. 296, an Ordinance of the City of Moorpark, California, Approving Zoning Ordinance Amendment No. 2003 -01, Amending Chapter 17.28 of the Moorpark Municipal Code Related to Home Occupations and Garage Sales and Deleting Chapter 5.88 of the Moorpark Municipal Code Related to Home Occupations, Boutique Sales and Garage Sales. Staff Recommendation: Declare Ordinance No. 296 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 296. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive further reading, declare Ordinance No. 296 read for the second time, and adopted as read. The motion.carried by unanimous voice vote. 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for Item 12.B. (two cases), and Items 12.C. and 12.D. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to adjourn to closed session for a discussion of Item 12.B. (two cases), and Items 12.C. and 12.D on the agenda. The motion carried by unanimous voice vote. The time was 9:25 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) 000228 Minutes of the City Council Moorpark, California Paqe 13 October 1, 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 D. 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; Mary Lindley, Community Services Director; Ken Gilbert, Public Works Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. Ms. Lindley left the meeting at 9:35 p.m. Mr. Gilbert left the meeting at 9:40 p.m. Mr. Kueny left the meeting at 9:50 p.m. The Council reconvened into open session at 10:10 p.m. Ms. Traffenstedt stated two cases under Item 12.B. and Items 12.C. and 12.D were discussed and there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 10:10 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 000229 MINUTES OF THE CITY COUNCIL Moorpark, California November 19, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on November 19, 2003, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7:18 p.m. 2. PLEDGE OF ALLEGIANCE: Joseph Montes, City Attorney, 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; Scott Wolfe, Principal Planner; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: CONSENSUS: It was the consensus of the Council to reorder the Agenda to hear Item 4.A. at the end of Proclamations and Commendations. B. Proclamation Commending KCLU 88.3 FM Radio Station and California Lutheran University for Coverage of the Simi Valley Wild Fire. Mayor Hunter read the Proclamation and presented it to Mary Olson, General Manager for KCLU. Ms. Olson thanked to Mayor and Council for their support during the fire. 000230 Minutes of the City Council Moorpark, California Page 2 November 19, 2003 C. Introduce new City Employee, Elvia Mendoza, Account Technician I. Mayor Hunter introduced Elvia Mendoza, Account Technician I. Ms. Mendoza thanked the City for the opportunity to work in the Administrative Services Department. D. City Manager's Monthly Report. Mr. Kueny introduced Barry Hogan, Community Development Director, who gave the monthly report. Mr. Hogan summarized the activities of the department in the areas of General Plan Elements, Special Projects, Residential Projects, Commercial and Industrial Projects, and Ordinances. In response to Council questions, Mr. Hogan stated staff is working on improving the language included in the sign ordinance to make it easier to understand; and code amendments pertaining to parking of recreational vehicles within the City, along with the ratio for outdoor seating at restaurants, will be addressed in the first or second quarter of the next year. AT THIS POINT in the meeting, Item 4.A. was heard. A. Consider Selection of Mayor Pro Tempore. Staff Recommendation: Select a Mayor Pro Tempore. Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no public speakers. Councilmember Millhouse stated it had been an honor and pleasure to work in the capacity of Mayor Pro Tempore. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to nominate Councilmember Parvin for Mayor Pro Tempore. The motion carried by unanimous voice vote. 0®0231- Minutes of the City Council Moorpark, California Page 3 November 19, 2003 Mayor Hunter thanked outgoing Mayor Pro Tempore Millhouse for a job well done. 5. PUBLIC COMMENT: Kenneth Lichtig, representing Moorpark Bahia'i Community, and a Moorpark resident, provided the Council and staff with invitations to the Human Rights Award ceremony to be held December 7th at Mandalay Beach Resort in Oxnard. Tom Duck, a Moorpark resident, spoke about the commitment made by the City Council many years ago in creating the General Plan and how it is now changing for the benefit of developers. He stated approved projects have created traffic problems and recommended developers be required to fund roadways prior to building. Councilmember Millhouse spoke about an inaccurate article in the Moorpark Star regarding truck traffic and the prohibition of left -turn ingress from Los Angeles Avenue into the shopping center at the corner of Los Angeles Avenue and Spring Road. He stated the Council did retain left -turn ingress into this center from Spring Road in favor of the businesses located there; truck traffic on State Route (SR) 118 is within the decision making purview of the State of California not the City of Moorpark; options have been extensively explored by Council for reducing or eliminating truck traffic; and Caltrans has increased the number of truck inspections to promote safety and possibly discourage trucks from using this route. Councilmember Millhouse reported that further improvements under consideration include a new connection from Broadway to the SR -23 freeway onramp at Princeton Avenue for the diversion of mining traffic from Walnut Canyon Road, and that the widening of SR -23 and SR -118 is at the top of the Ventura County Transportation Commission's list to be submitted to the State. He ended by stating the key will be to find the funding for these projects. 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 7:51 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 000232 Minutes of the City Council Moorpark, California Paae 4 November 19, 2003 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos announced the State Insurance Commissioner Workshop from November 11th is being replayed on Channel 10; City bus service has now been extended to the Moorpark Marketplace; and children age 5 years and under can ride the City bus for free.- Councilmember Millhouse requested an agenda item for December 3rd for the Shea homes project including discussion of the Commercial Demand Study requirement; requested a future agenda item pertaining to expansion proposals for County mining projects and traffic mitigation; and announced the Mayor's appointment to the Public Safety Committee of the Channel Counties Division of the League of California Cities. Councilmember Harper requested the October 31, 2003, minutes be pulled from the Consent Calendar. He reiterated his prior request for an agenda item or workshop on disaster preparedness and what the City has learned from the recent fire incident; and suggested looking at a City - sponsored emergency shelter rather than sending people to other cities. Mr. Kueny stated staff is working on what was learned about this past disaster and will schedule a future agenda item. 8. PUBLIC HEARING: A. Consider Adoption of a Resolution Declaring the Private Streets and Parking Facilities within Tract 4928 to be Subject to the Provisions of the California Vehicle Code. Staff Recommendation: Adopt Resolution No. 2003 -2144. Mr. Gilbert gave the staff report. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mayor Hunter closed the public hearing. 000233 Minutes of the City Council Moorpark, California Page 5 November 19, 2003 MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to adopt Resolution No. 2003- 2144. The motion carried by unanimous voice vote. B. Consider General Plan Amendment 98 -01, Zone Change No. 98 -01, Vesting Tentative Tract Map No. 5130, and Residential Planned Development No. 98 -02 for the Construction of One Hundred Ten (110) Houses on Approximately 72.0 Acres on the East Side of Walnut Canyon Road, South of and Immediately Adjacent to the Ventura County Water and Sanitation Services Division Facility, on the Application of Moorpark 150, LLC (SunCal Companies) . Staff Recommendation: Open the public hearing, accept public testimony, and continue the item, with the public hearing open, to the meeting of December 17, 2003. Mr. Hogan gave the staff report. In response to Council questions, Mr. Wolfe stated the proposal is in compliance with the Hillside Ordinance; building setback requirements along with the placement of the private park and streets take into consideration the location of the earthquake fault; the trail system is intended to be internal to the project and not connected to the regional trail system; the differential number for mitigating the removal of mature trees will be determined during the landscape review process and with the participation of the City's landscape architect; the project will be conditioned to require the applicant to work with the Fire Protection District in regard to safety issues concerning the locked pedestrian access gate; he deferred to the applicant to respond to questions regarding guaranteed access to North Hills Parkway; and the eventual road closure at Walnut Canyon Road could be included in a notification to buyers. In response to Council questions, Mr. Hogan stated the ridgeline may be listed as prominent in the Open Space Conservation and Recreation Element; however, there is concern the previous development went too far in trying for full preservation; it is staff's intent to audit all conditions of approval including evaluation of the ramifications of the recent fires, which may require re- vegetation of the property and selection of landscape species to minimize fire hazards; and the 000234 Minutes of the City Council Moorpark, California Paqe 6 November 19, 2003 standard brush clearing requirement of 100 -feet would be the responsibility of the Homeowners Association not the individual property owner. Councilmember Harper requested staff contact the Fire Protection District to reevaluate this project to require a more extensive fire clearance area. He suggested the applicant locate the homes with eaves to the interior of the project; and to have buyers sign a disclosure acknowledging the location of the earthquake fault. In response to Councilmember Harper, Mr. Hogan stated in some fire -prone areas, the eaves have been boxed and stuccoed over; and that in regard to the earthquake fault trace, he is comfortable the setback is adequate, since the fault is not considered potentially active and the geotechnical experts are satisfied. Mayor Hunter opened the public hearing. Ed Pickett, representing SunCal Companies, 1123 Via Colinas, Westlake Village, stated the project site will be revaluated as a result of the recent fire; open space will be analyzed for fire breaks; and he will be working with staff on adjustments between now and the December 17th meeting. In response to Council questions, Mr. Pickett stated Wicks Road is the secondary access to the site in case of an emergency; Walnut Canyon Road is only intended as a temporary access; the Pardee Agreement to extend Spring Road to Charles Street is forthcoming; the trees on the property did not do well in the fire; SunCal is very conscious about disclosing everything including the fault and the temporary access to buyers; and they are conditioned to install a 6 -foot wall with landscaping to screen the adjacent wireless equipment on Ventura County property. Mayor Hunter requested staff to condition the applicant to provide copies of disclosure statements for the City's files. In response to Councilmember Harper, Mr. Pickett stated the Fire Department has requirements to stucco 000235 Minutes of the City Council Moorpark, California Page 7 November 19, 2003 the eaves on homes where property is adjacent to wilderness areas, and they have agreed to provide a structure sprinkler system for all homes, stucco the eaves, and will look at siting the homes with eaves in the interior of the project. Councilmember Mikos cautioned not all native vegetation should be eliminated in the landscape plans; and requested staff contact the National Resource Conservation Service along with the Fire Protection District on making this area fire safe without eliminating native vegetation. She also requested an expert evaluation of the large burned native trees be conducted to make sure they are actually dead before removal. Councilmember Mikos suggested staff may want to attend the Santa Monica Mountains Conservancy fire ecology workshop, which would provide information on recovering plant life. Councilmember Mikos stated it is disturbing each new development in the safest community in Ventura County finds a need to be walled -off by electronic gates. Councilmember Parvin requested the applicant provide, at the December 17th meeting, exhibits of this project shown at previous Planning Commission meetings depicting the houses along the ridgeline. Anthony Banducci, a Moorpark resident, spoke in opposition to urban sprawl, traffic congestion, increased commercial traffic due to the Moorpark Marketplace, housing too close together, lack of true emergency access for this project, hazardous conditions of this sloped piece of property, and the increased use of locked and gated communities. In response to Mayor Hunter's concern regarding open space areas transitioning into residential space and the need to consider increasing the Ventura County standard of 100 -foot of vegetation clearance, Mr. Hogan stated he had worked on the committee in San Diego where a fuel modification zone was established through joint collaboration of builders, planners, fire departments, and landscape architects requiring a 300 -foot buffer zone with the first 100 -feet irrigated plant material, the second 100 -feet providing a low fuel zone with irrigation in some locations, and the 000236 Minutes of the City Council Moorpark, California Paae 8 November 19, 2003 last 100 -feet cleared of undergrowth leaving only major shrubs and trees. He stated staff will work with the Ventura County Fire Protection District to develop standards for Council's consideration. In response to Councilmember Harper's concern regarding the large homes located on small lots with minimum setbacks, Mr. Hogan stated this project meets good planning and design practices with the lot pattern, curvature of the streets, and 10 -foot side yard setbacks. A discussion followed among the Council and staff regarding the proposed General Plan amendment, the previous Specific Plan considered for this area, and the criteria used to justify the amendment. Mr. Montes recommended this subject be addressed at the December 17th meeting. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to continue this item with public hearing open to December 17, 2003. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, a recess was declared. The time was 9:30 p.m. The meeting reconvened at 9:45 p.m. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Proposed Development Agreement with SunCal Pertaining to Vesting Tentative Tract Map No. 5130. Staff Recommendation: Refer the proposed Development Agreement to the Planning Commission and set the City Council public hearing for December 17, 2003. Mr. Kueny gave the staff report and modified the date the Planning Commission would hear this item to December 2nd, if the Council concurred with referring the Development Agreement to the Commission. In response to questions from Councilmember Millhouse, Mr. Kueny stated staff is cognizant of the 10 -year expiration and obligations under a development agreement; and information on the Limited Liability Corporation has been given to the City Attorney for review. 000237 Minutes of the City Council Moorpark, California Page 9 November 19, 2003 Ed Pickett, representing SunCal Companies, 1123 Via Colinas, Westlake Village, stated they are working out the details of the Development Agreement with staff and hope to have it finished in December. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to refer the proposed Development Agreement to the Planning Commission for the December 2, 2003, meeting and set the City Council public hearing for December 17, 2003. The motion carried by unanimous voice vote. B. Consider City Council Policy on Commenting on Development Projects before the Planning Commission. Staff Recommendation: Direct staff to incorporate the City Attorney's draft policy language in the next update of the City Council's Policy Resolution. Mr. Montes gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mayor Hunter stated the draft policy is very well written and requested it be returned immediately for adoption by the Council. Councilmember Millhouse stated the draft policy is very good from a language standpoint; however, he has a problem with the substance, since a Councilmember should not be precluded from making comments and the Planning Commission should not be intimidated by Council comments. He stated he would not be voting in favor of this policy as it creates more problems. Mr. Montes stated the policy was drafted in a manner that the Planning Commission is an independent body and with the perspective the appropriate venue for City Council comment is an appeal. Councilmember Parvin stated the Planning Commission needs to be independent and have the ability to make recommendations. Councilmember Harper stated he liked the policy language. ®00238 Minutes of the City Council Moorpark, California Page 10 November 19, 2003 Councilmember Mikos stated the draft policy did an excellent job of getting at the issues, and the two exceptions are explicitly listed, so the Council does not have to guess when comments are appropriate. Mayor Hunter stated his support for the policy and indicated if the Planning Commission is to be considered an independent body, the Council has to have faith and trust in their objective analysis. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to direct staff to incorporate the City Attorney's draft policy language in the next update of the City Council's Policies Resolution. The motion carried by voice vote 4 -1, with Councilmember Millhouse dissenting. C. Consider Waiver of Fees for Temporary Structures to Assist those People whose Housing was Destroyed by the Recent Fire. Staff Recommendation: Direct staff to waive the cost of Temporary Use Permits and Zoning Clearance fees for temporary on -site housing where housing was damaged or destroyed by the recent fire. Mr. Hogan gave the staff report. A discussion followed among the Councilmembers and staff focusing on allowing consideration for waiving the cost of fees not only for temporary on -site housing but also permanent replacement structures as long as the benefit would go to the homeowner and not the insurance company. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to direct staff to waive the cost of Temporary Use Permits and Zoning Clearance fees for temporary on -site housing and permanent replacement structures where housing was damaged or destroyed by the recent fire with the addition of language to be determined by staff to guarantee the benefits to the homeowners not the insurance companies. The motion carried by unanimous voice vote. 000239 Minutes of the City Council Moorpark, California Page 11 November 19, 2003 D. Consider City Council's Response to Board of Supervisor's Request for Input on the Open Space District Advisory Committee's ( OSDAC) Recommendations for Forming, Funding and Governing a Ventura County Regional Open Space District. Staff Recommendation: Direct staff to prepare a letter to the Board of Supervisors confirming the City Council's support of the OSDAC's recommendations in the report dated June 2003. Ms. Traffenstedt gave the staff report. Joe Gibson, Co -Chair of the OSDAC, and a member of the Conejo Recreation and Parks District Board, explained the consensus approach used by the Advisory Committee. He stated the Board is asking organizations involved to voice their concerns and whether they support the OSDAC recommendations. A discussion followed among the Councilmembers, staff, and Mr. Gibson focusing on the proposed time period for the sunset of an Open Space District sales tax measure, the governance options allowed by the Open Space District enabling legislation, sales tax funding concerns, and the concern that the proposed administration cost allocation of up to 15 percent of the funds was too high. Councilmembers Harper and Mikos stated that although there are flaws, they could support the recommendations of the OSDAC, since the entire County would benefit even though an elected board would be preferred. Councilmember Millhouse stated the efforts are laudable and the goal is great; however, the enabling legislation needs to be redrafted to revise the governance options. He suggested an appointed board that consists of elected representatives from each City and the County Board of Supervisors. Mayor Hunter stated he likes the concept; however, the recommendations are difficult to support, since the enabling legislation does not provide safeguards for the public's money and there is no accountability with the appointed board option and a four -year term. 000240 Minutes of the City Council Moorpark, California Page 12 November 19, 2003 Councilmember Harper stated most concerns could be addressed by having an elected board with rotating terms, and suggested a sunset time of 20 years. Mr. Kueny stated that allowing too much flexibility for distribution of the funds, such as the language stating geographic distribution would be balanced over the ten -year life of the revenue measure, would be a problem if, for example, one geographic area were to receive more than its share at an earlier time when the land cost may be lower and another area does not receive its funds until the later years of the revenue measure. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to prepare a letter to the Board of Supervisors confirming the City Council's support of the OSDAC's recommendations in the report dated June 2003. The motion failed by voice vote 2 -3, with Councilmembers Millhouse, Parvin and Mayor Hunter dissenting. Following further discussion, it was the consensus of the Council to direct staff to prepare a letter to the Board of Supervisors that would include the Council's concerns pertaining to governance and funding for the proposed Ventura County Open Space District. E. Consider Letter in Support of Retaining Funding for State Resources Agency. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Mikos gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. CONSENSUS: It was the consensus of the Council to remove this from the calendar until additional information could be obtained regarding the need for preparing a letter in support. 000241 Minutes of the City Council Moorpark, California Paqe 13 November 19, 2003 10. CONSENT CALENDAR: MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of the minutes of October 31, 2003, in Item 10.A., which were pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Special Meeting of October 8. 2003. Consider Approval of Minutes of Special Meeting of October 15. 2003. Consider Approval of Minutes of Special Meeting of November 7, 2003. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - November 19, 2003. Manual Warrants 114461 - 114463 & $ 44,165.00 Voided Warrant 114319 & 114360 & $ (929.40) 114454 $(136,843.62) Payroll Liability 114464 - 114468 $ 2,599.35 Warrants Regular Warrants 114469 - 114556 & $ 46,354.27 114557 - 114565 $ 84,580.90 Staff Recommendation: Approve the warrant register. C. Consider a Cooperative Agreement with the State Department of Health Services and Agencies Applying Pesticides for Public Health Purposes. Staff Recommendation: Approve the cooperative agreement and authorize Mayor to execute the Agreement on behalf of the City. D. Consider Award of Contract for Installation of Bus Shelters at Various Locations. Staff Recommendation: Approve the final design (re- approve project plans and specification); award a contract to LNI, Inc. for the subject project; and authorize staff to undertake the 000242 Minutes of the City Council Moorpark, California Paqe 14 November 19, 2003 necessary administrative actions to complete the project. E. Consider Approving the Conceptual Design for the Civic Center Driveway Improvement Project (Project 8053). Staff Recommendation: Approve the conceptual design for the subject project. F. Consider Resolution to Approve Program Supplement Agreement No. M006 (Los Angeles Avenue Signal Synchronization Project) to Administering Agency -State Aareement for Federal Aid Protects No. 07 -5436. Staff Recommendation: Approve Resolution No. 2003 -2145. G. Consider Fourth Addendum to Memorandum of Agreement (MOA) with Service Employees International Union AFL - CIO, CLC Local 998 Pertaining to Agency Shop Arrangement. Staff Recommendation: Authorize the City Manager to approve the Fourth Addendum to the MOA with the final language to be approved by the City Manager. H. Consider Continuation of a Local Emergency. Staff Recommendation: Continue the proclamation of a Local Emergency. The following minutes were pulled from Item 10.A. for individual consideration: A. Consider Approval of Minutes of Special Meeting of October 31, 2003. Councilmember Harper stated he would be abstaining from the vote on these minutes as he was not present at the October 31St meeting. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to approve the minutes of October 31, 2003. The motion carried by voice vote 4 -0, with Councilmember Harper abstaining. 11. ORDINANCES: None. 000243 Minutes of the City Council Moorpark, California Page 15 November 19, 2003 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for discussion of Items 12.B. (two cases), 12.C. and 12.D. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adjourn to closed session for a discussion of Items 12.B. (two cases), 12.C. and 12.D. on the agenda. The motion carried by unanimous voice vote. The time was 11:06 p.m. B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Committee to Preserve Historic High Street, an unincorporated association, and Cynthia Hollister vs. City of Moorpark and Moorpark City Council. D. 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. AT THIS POINT in the meeting, the Council meeting was recessed to convene the Redevelopment Agency closed session. The Council reconvened into closed session at 11:15 p.m. Present in closed session were Councilmembers Harper, Mikos, Millhouse, and 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. The Council reconvened into open session at 11:36 p.m. Mr. Kueny stated two cases under Item 12.B. and Item 12.D. were discussed and there was no action to report. 000244 Minutes of the City Council Moorpark, California Page 16 November 19, 2003 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 11:36 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 000245 MINUTES OF THE CITY COUNCIL Moorpark, California December 3, 2003 A Special Meeting of the City Council of the City of Moorpark was held on December 3, 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 6:07 p.m. 2. ROLL CALL: Present: Councilmembers, Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, 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. 3. PUBLIC COMMENT: None. 4. CLOSED SESSION: Mr. Kueny announced that three cases under Item 4.B. and Item 4.C. would be discussed in closed session. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to adjourn to closed session for discussion of three cases under Item 4.B. and Item 4.C. The motion carried by unanimous voice vote. The time was 6:07 p.m. B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Committee to Preserve Historic High Street, an unincorporated association, and Cynthia Hollister vs. City of Moorpark and Moorpark City Council. 000246 Minutes of the City Council Moorpark, California Page 2 December 3, 2003 Present in closed session were Councilmembers Harper, Mikos, Millhouse, Parvin and Mayor Hunter; Steven Kueny, 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. The Council reconvened into open session at 6:54 p.m. Mr. Kueny announced that three cases under Item 4.B. and Item 4.C. were discussed in closed session and that there was no action to report. 5. ADJOURNMENT: Mayor Hunter adjourned the meeting at 6:54 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 000247 MINUTES OF THE CITY COUNCIL Moorpark, California December 3, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on December 3, 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; Kenneth Gilbert, Public Works Director; Mary Lindley, Community Services Director (arrived at 7:30 p.m.); Barry Hogan, Community Development Director; Walter Brown, City Engineer; Captain Richard Diaz, 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. Introduction of New City Employee, Norman Brad Miller, City Engineer. Mayor Hunter introduced Brad Miller, as the new City Engineer. 5. PUBLIC COMMENT: None. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The Minutes of the City Council Moorpark, California Page 2 December 3, 2003 time was 7:15 p.m. The City Council meeting reconvened at 7:16 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Millhouse recognized the Moorpark Packers Youth Football Program and congratulated the J2 and Senior teams who will be playing in the Championship Games on Saturday. Mayor Hunter recognized the Moorpark High School football team, which will be playing against Westlake in a semi- final game on Saturday. 8. PUBLIC HEARING: None. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Presentation by Starett Kressman, Ventura Countv Library Commission. Starett Kressman, representing the Ventura County Library Commission gave a presentation highlighting the Ventura County Library's new Integrated Library System and reported on the Moorpark Library's new furniture, new books, and additional computer terminals. Councilmember Harper, as the City's representative on the Ventura County Library Service Commission, complimented Ms. Kressman on her superb leadership. B. Consider Police Services Center: 1) Approval of Plans and Specifications; 2) Award of Construction Contract; 3) Approval of Additional Design Costs; 4) Authorizing Staff to Retain Various Consultant Construction Engineering Services; and 5) Adoption of Resolution Amending the Budget for the Project. Staff Recommendation: 1) Approve the project plans and specifications; 2) Approve a construction contingency for the project in the amount of ten percent (100) of 000249 Minutes of the City Council Moorpark, California Page 3 December 3, 2003 the bid amount; 3) Authorize the City Manager to execute contract documents for construction engineering services required by the project, for geotechnical services, materials testing services, and construction surveying, as generally defined and described in the agenda report; 4) Approve the increase in the Architect fees and charges as described in the agenda report; 5) Adopt Resolution No. 2003- f (if required) amending the Budget to fully fund the project; and 6) Approve the award of a construction contract for the project to the lowest responsible bidder. ROLL CALL VOTE REQUIRED Mr. Gilbert stated staff is recommending a continuance of this item for two weeks. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to continue this item to December 17, 2003. The motion carried by unanimous voice vote. C. Consider the Establishment of an Ad -Hoc Committee to Develop a Draft Development Agreement Between Shea Homes, Inc. and the City of Moorpark for a General Plan Amendment, Zone Change, Vesting Tentative Map and Residential Planned Development. Staff Recommendation: Appoint two (2) Councilmembers to an Ad -Hoc Committee to develop a draft Development Agreement between Shea Homes, Inc. and the City of Moorpark. Mr. Hogan gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated representatives of the applicant, Jeff Palmer and Phil Culler, submitted speaker cards indicating they were available for questions. CONSENSUS: It was the consensus of the Council for Councilmembers Mikos and Parvin to serve on the Shea Homes Ad Hoc Committee. D. Consider the Removal of General Plan Amendment No. 2003 -02, Zone Change No. 2003 -02 Residential Planned Development No. 2003 -02 and Vestina Tentative Tract 000250 Minutes of the City Council Moorpark, California Paae 4 December 3, 2003 Map No. 5425 on Application of Shea Homes, Inc. from the Application Completeness Requirements of the Commercial Demand Study. Staff Recommendation: Direct staff as deemed appropriate. Mr. Hogan gave the staff report. In response to Council questions, Mr. Hogan stated he did not believe anything revealed in the Commercial Demand Study would influence this project; it is not likely this piece of property would be a good location for commercial development; and that he expected that the Commercial Demand Study would be completed prior to the scheduling of the Council hearing on the project. In response to Mayor Hunter, Ms. Traffenstedt stated representatives of the applicant, Jeff Palmer and Phil Culler, submitted speaker cards indicating they were available for questions. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to remove General Plan Amendment No. 2003 -02, Zone Change No. 2003 -02 Residential Planned Development No. 2003 -02 and Vesting Tentative Tract Map No. 5425 on the application of Shea Homes, Inc. from the Application Completeness Requirements of the Commercial Demand Study. The motion carried by unanimous voice vote. 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. A. Consider Approval of Minutes of Regular Meeting of September 17, 2003. Consider Approval of Minutes of Regular Meeting of October 15, 2003. Consider Approval of Minutes of Regular Meeting of November 5, 2003. Staff Recommendation: Approve the minutes. 000251L Minutes of the City Council Moorpark, California Pacie 5 December 3, 2003 B. Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - December 3, 2003. Manual Warrants 114566 - 114571 & $ 335,673.79 Voided Warrant 114569 & 114577 & $ ( 0.00) 114689 Payroll Liability 114572 - 114576 $ 2,599.35 Warrants Regular Warrants 114578 - 114683 & $ 54,747.08 114684 - 114707 $ 753,461.10 Staff Recommendation: Approve the warrant register. C. Consider Recordation of a Proposed Blanket Easement at 105 East High Street (Mayflower Market). Staff Recommendation: Direct staff to record the irrevocable offer of easement. D. Consider Resolution Updating Solid Waste Collection Fees. Staff Recommendation: Adopt Resolution No. 2003 -2146, Rescinding Resolution No. 2002 -2005, approving new year 2004 Solid Waste Collection Fees effective January 1, 2004. E. Consider Contract Award to Carlos Jerez to Remove Mobilehomes from Moorpark Mobilehome Park. Staff Recommendation: 1) Approve donation of one mobilehome to the Santa Monica Mounted Police, with removal and relocation costs to be paid by the Mounted Police; and 2) Accept proposal from Carlos Jerez to remove 27 mobilehomes from the Moorpark Mobilehome Park for $49,000, including any associated costs or fees, and authorize the City Manager to execute a Contract for Services, subject to final language approval by the City Manager and City Attorney. F. Consider Annual Review of Development Agreement Established in Connection with Residential Planned Development Permit No. 2001 -02, a 190 -unit Senior Apartment Project Located at the Terminus of Park Lane, South of Park Crest Lane and North of the Arroyo Simi (Vintage Crest Senior Apartments, L.P. /USA Properties). Staff Recommendation: 1) Accept the Community Development Director's Report and 000252 Minutes of the City Council Moorpark, California Page 6 December 3, 2003 recommendation that, on the basis of substantial evidence, Vintage Crest Senior Apartments, L.P. /USA Properties Communities has complied in good faith with the terms and conditions of the Agreement; and 2) Deem the annual review process complete. G. Consider Request from Moorpark Soccer Club to Waive Park Rental Fees for a Mini - Soccer Tournament. Staff Recommendation: Approve the request from Moorpark Soccer Club to waive park rental fees associated with their Mini - Soccer Tournament, provided they pay all direct costs incurred by the City, including one staff person dedicated to the Tournament. H. Consider Continuation of Local Emergency. Staff Recommendation: Continue the proclamation of a Local Emergency. I. Consider Budget Amendment for In -house City Engineer Position, Including Resolution Amending Fiscal Year 2003/04 Budget. Staff Recommendation: Adopt Resolution No. 2003 -2147. ROLL CALL VOTE REQUIRED J. Consider Resolution Amending the Fiscal Year 2003/04 Budget to Appropriate $10,000 from the General Fund Reserve for Payment of the Megan Barroso Reward and Authorize the Payment of the Reward. Staff Recommendation: 1) Approve the appropriation of $10,000 from the General Fund Reserve, and adopt Resolution No. 2003 -2148, amending the FY 2003/04 budget; and 2) Direct staff to make a payment to two witnesses, following the County of Ventura reward payment action, using the same percent allocation formula for reward payment. ROLL CALL VOTE REQUIRED K. Consider Authorizing the Initiation of a Study of Demand for Commercial Land in the City of Moorpark. Staff Recommendation: Authorize the City Manager to negotiate and enter into an agreement with Allan D. Kotin and Associates for Phase 1 of the proposed economic study referenced in the November 6, 2003, proposal at a cost not to exceed $28,000.00. 11. ORDINANCES: None. 000253 Minutes of the City Council Moorpark, California Paae 7 December 3, 2003 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 7:35 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 000254