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HomeMy WebLinkAboutAGENDA REPORT 2004 1103 CC REG ITEM 10AI MINUTES OF THE CITY COUNCIL Moorpark, California too Ao Julv 21, 2004 A Regular Meeting of the City Council of the City of Moorpark was held on July 21, 2004, 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 7:21 p.m. 2. PLEDGE OF ALLEGIANCE: Sergeant Mike Aranda, Moorpark Police Services, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Kenneth Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Cynthia Borchard, Administrative Services Director; Brad Miller, City Engineer; Captain Richard Diaz, Sheriff's Department; David Bobardt, Planning Manager; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Ventura County Fair Poster Presentation. Ginger Gherardi, of the Ventura County Transportation Commission presented the Ventura County Fair Poster for 2004's theme "Hoorah for Hollywood ". B. Recognition of Foreign Exchange Students with Educational Homestate Programs. Mayor Hunter introduced Ralph Nicoletti of Foreign Exchange Students with Educational Homestate Programs 0 Minutes of the City Council Moorpark, California Paae 2 July 21, 2004 and presented Certificates of Recognition to the 36 foreign exchange students residing with Moorpark residents during this year's program. C. Recognition of Moorpark Police Sergeant Mike Aranda. Mayor Hunter presented Sergeant Mike Aranda with a plaque honoring his many years of service to the city of Moorpark and congratulated him on his new position in Ventura. D. City Manager's Monthly Report. AT THIS POINT in the meeting Mayor Hunter recognized City Manager, Steven Kueny for twenty years of service to the city of Moorpark. Mayor Hunter presented City Manager, Steven Kueny with a plaque in honor of his 20 years of service to the city of Moorpark. Mr. Kueny acknowledged his family, the Council, and staff in helping him work towards achieving the City's goals and in meeting the many challenges and opportunities during this time. He stated he is glad to have had the opportunity to be in this great community for twenty years. Mr. Riley gave the monthly report highlighting the accomplishments and responsibilities of the Assistant City Manager's Office, including achievements in Emergency Services Management, Redevelopment and Housing, Public Information, Land Acquisition and Public Facilities Construction, and the First Time Home Buyer Program. He listed top priorities to include the construction of a new City Hall and Corporate Yard Facility, completion of the new Police Services Center, and installation of a permanent Truck Scale Facility on State Route 118. S. PUBLIC COMMENT: Alicia Morales, a Moorpark resident, representing several commercial truck operators, asked for the City's assistance in finding available parking for commercial vehicles within the city of Moorpark. She stated due to the lack of available parking they have received citations for parking i .. Minutes of the City Council Moorpark, California Page 3 July 21, 2004 their trucks in unauthorized locations even though they have the permission of the landowners. In response to Mayor Hunter, Ms. Morales stated there are about 18 to 20 big rig trucks in need of a parking area. Mayor Hunter referred Ms. Morales to Mr. Hogan to discuss available alternatives. Mr. Hogan stated the Zoning Ordinance does not permit storage of vehicles or parking except in conjunction with a permitted use; it would take a zoning ordinance amendment to allow commercial trucks to park within the City; however, he would be happy to assist Ms. Morales in locating alternatives. In response to Councilmember Harper, Mr. Hogan stated the large number of commercial vehicles parking west of the City limits may be operating in conjunction with farming; and he would research whether they are permitted by the County of Ventura. John Chaplin, a Moorpark resident, stated he had spoken out of place at the last City Council meeting on July 7, 2004, and apologized for his comments. Gerald Goldstein, a Moorpark resident, spoke about court enforced cleanup of his property 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Hunter requested Item 10.H. be pulled from the Consent Calendar for individual consideration. Councilmember Mikos requested Item 10.K. be pulled from the Consent Calendar for individual consideration. Mr. Kueny requested Item 10.C. be pulled from the Consent Calendar to correct the staff recommendation. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos announced street sweeping and trash pickups in the neighborhoods of Campus Park, Buttercreek, and Heatherglen have now been scheduled for different days of the week. Minutes of the City Council Moorpark, California Page 4 July 21, 2004 Councilmember Mikos announced hikes to Happy Camp Canyon Regional Park on Saturday, July 24 and August 28, 2004. Councilmember Millhouse announced Metrolink tickets to the Ventura County Fair are available for purchase at City Hall. Councilmember Millhouse requested an update from staff on the Calleguas Water District Project under construction along Los Angeles Avenue, as it seems to be running behind schedule. Councilmember Millhouse requested staff find out what assistance can be provided to homeowners on Mira Sol Drive who have reported damage caused by the Calleguas construction along Los Angeles Avenue. Mayor Hunter announced "Neighborhood Night Out ", a national crime prevention event serving to heighten awareness of crime and drug prevention, strengthen neighborhood spirit, and police- community partnership, while sending a message to criminals, letting them know that neighborhoods are organized and fighting back, will be held on Saturday, August 14, 2004. The Moorpark Police Department will be hosting its seventh annual neighborhood night out against crime in neighborhoods throughout the City between the hours of 4:00 p.m. and 8:00 p.m. Neighborhoods are encouraged to host a block party. Mayor Hunter announced the Moorpark Beach Bus to Zuma Beach will run every Tuesday and Thursday through August 31st. The cost is $1.00 each way, 50C for seniors and the disabled. Mayor Hunter announced a Summer Youth Pass for $20 buys unlimited travel on Moorpark City Transit and the Beach Bus through September 15, 2004, for youth under the age of twenty -one. Summer Youth Bus Passes may be purchased at City Hall and at Arroyo Vista Recreation Center. 8. PUBLIC HEARING: A. Consider General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01, and Zone Change No. 2001 -02 for 1,650 Housing Units on 3,586.3 Acres Located Generally North of Moorpark College and State Route 118 on Land Immediately Outside City of Moorpark Municipal 0 6 Minutes of the City Council Moorpark, California Paqe 5 July 21, 2004 Boundaries, on the Application of North Park Village LP. (continued from June 16, 2004, with public hearing open) Staff Recommendation: Continue to take testimony in the open public hearing, and continue the agenda item with the public hearing open, to September 15, 2004. Mr. Bobardt gave the staff report and provided answers to questions from the June 16 Council meeting concerning the following subjects: Hillside Ordinance Compliance Lake Maintenance /Draining Shopping Center Size Comparison Development West of Project Site Past Caltrans Plans for Interchange Environmental Document for Interchange Regional Traffic Solutions Timing of Traffic Counts Mr. Bobardt introduced Kendall Elmer from Austin Foust Associates, who provided information on two Traffic Analysis Reports for North Park Village. In response to Councilmember Harper, Mr. Bobardt stated an analysis of traffic improvement on local streets and the worsening of freeway traffic would have been in regard to the range in timing of the improvements, rather than taking into account the passage of Measure B; and the earlier dates indicated would be accurate if the sales tax measure passes. Councilmember Millhouse stated it is anticipated the construction start date for widening State Route 23 would be within six months from the passage of the sales tax measure and within one and one -half years for the widening of State Route 118 from Tapo Canyon Road, west to New Los Angeles Avenue. In response to Councilmember Mikos, Mr. Elmer stated an additional lane would be added to Collins Drive; and construction employees driving private vehicles may begin their day as early as 3:00 a.m. in order to reach the construction site by 6:00 or 7:00 a.m. In response to Mayor Hunter, Mr. Elmer stated the majority of construction employees would be leaving e)�)096: Minutes of the City Council Moorpark, California Paqe 6 July 21, 2004 the site in the p.m. personnel and a few employees arriving in the Councilmember Parvin information later in th lane for Collins Drive. hours with only security miscellaneous construction p.m. hours. requested more definite e meeting on the additional Mayor Hunter stated this is a continued open public hearing. Kim Kilkenny, representing North Park Village, 680 Walnut Street, Moorpark, California, corrected two misstatements from the June 16th meeting. The first was in regard to the property tax shortfall where he had incorrectly indicated the Community Facilities District tax could be indexed to the value of the property at change of ownership. Mr. Kilkenny stated this has proved to be untrue due to Proposition 13 and they are re- examining how to make up the shortfall by some other mechanism, which they will report in a subsequent meeting. The second area is in regard to recycled water for the lake where he indicated the project would not be reliant upon water from Simi Valley, which is technically correct, when it would be more reasonable to condition the project to use the water from Simi Valley. Mr. Kilkenny went on to describe the improvements to levels of service at Collins Drive, the eastbound ramps and Los Angeles Avenue, westbound State Route 118, and Collins Drive at Campus Park Drive. He responded to some of Council's concerns and stated North Park has no intention for construction traffic to arrive at the site at 3:00.a.m., but do anticipate arrivals at 6:00 or 7:00 a.m. in order to avoid peak traffic times; and in response to a request for direct access into the community college, they are offering for consideration an alternative looping roadway at the Moorpark College Parkway entrance. Mr. Kilkenny stated development is necessary on some 50% slope areas because they are located in isolated areas throughout the site; they have chosen not to build on certain flat areas where development is allowed, in order to avoid view shed impacts, grading impacts, and other visual impacts; and although Minutes of the City Council Moorpark, California Paqe 7 July 21, 2004 technically there may be some numeric differences, they feel they have complied with the spirit of the Hillside Ordinance. He continued by stating, in regard to the western development potential of the western portion of the site, it is not part of this Planning Area, since many acres of this area are agricultural resources. David Grannis, Traffic Consultant from Planning Company Associates, 35 N. Lake Avenue, Pasadena, California, stated the freeway interchange on State Route 118 has been contemplated through a freeway agreement, which facilitates Caltrans' final approval; it is also being privately funded, which will also expedite the process of approval; the City and Caltrans will enter into a cooperative agreement consistent with the freeway agreement executed in 1966, in this location, with this design, and with the rights -of -way preserved; therefore, there should be no real issues or complications in the design approval. He continued by stating Caltrans District No. 7 for Ventura and Los Angeles Counties has a great deal of experience in working on privately funded projects. In response to Mayor Hunter, Mr. Grannis stated there is significant acquisition of property involved for the related street, but Caltrans is not looking for additional right -of -way for the interchange. In response to Mayor Hunter, Mr. Kilkenny stated approximately 40- acres, stretching from the project to the interchange, needs to be acquired from Unocal; North Park has endeavored to converse with Unocal about acquiring the property, but has been unsuccessful in meeting at this time; and if ultimately unsuccessful, they are proposing through the Development Agreement to pay for the City's efforts to use eminent domain to acquire the land for public use. In response to Councilmember Mikos, Mr. Grannis stated there are no impediments from Caltrans to complete the interchange in an orderly process, as it is privately funded; therefore, the approval process is not impacted by money, while on the other hand, the improvements on State Route 118 are part of State funding issues and federal legislation. Minutes of the City Council Moorpark, California Paae 8 Julv 21, 2004 In response to Councilmember Harper, Mr. Grannis stated the design and approval process of the interchange can proceed, but Caltrans will not build an interchange that does not have a connection point; therefore, the acquisition of the connecting road should move along parallel to the interchange project. In response to Councilmember Mikos, Mr. Elmer stated no specific responsibility of Moorpark College has been studied in regard to mitigating traffic in their location; all improvements along Collins and Campus Park Drives are needed with or without this project. In response to Councilmember Mikos, Mr. Bobardt stated Moorpark College's EIR consultant is in the early stages of study. Tony Banducci, a Moorpark resident, spoke in opposition to the project due to the lack of necessary infrastructure on State Routes 23 and 118 to support the traffic. He stated other developments will also be contributing to traffic congestion, including Pardee Homes, the commercial mining sites, and the new Simi Valley mall, none of which, have been considered in this EIR. Mr. Banducci cited other issues concerning oil wells, natural open space and land alteration near Happy Camp, the loss of the Spadefoot Toad and nesting raptors, and the impacts on 26 archeological sites. He ended by asking the Council to wait until the infrastructure is improved before proceeding with the project. Robert Hamburg, a Moorpark resident, spoke about problems associated with increased traffic; the lack of grocery shopping and gas station alternatives in the project area creating the need to drive to other areas; and the Alamos Canyon development proposed in Simi Valley adjacent to the North Park Village project, the Simi Valley mall, 400 new apartments on New Los Angeles Avenue, all of which, will increase the impacts to traffic. He continued by stating he doubts the one -half cent sales tax guarantees the money will be spent on State Routes 23 and 118; Moorpark does not want to be like Santa Clarita; there should be no approval until freeway improvements have 000070 Minutes of the City Council Moorpark, California Paqe 9 July 21, 2004 begun; and asked the Council not to approve the project. Daniel Groff, a Moorpark resident, spoke in favor of the well - planned North Park Village and Nature Preserve, which were thoroughly scrutinized by the Planning Commission and the public; and stated he is looking forward to voting. Howard Pompel, a Moorpark resident, spoke in favor of the project with its beautiful lake and recreation area. He cited the Wood Ranch development in Simi Valley, as a project which experienced similar criticism regarding traffic problems that ultimately, did not materialize. Ben Randazza, a Moorpark resident, expressed concern there should be more analysis regarding the before and after effects in regard to development of Alamos Canyon and the Simi Valley mall and their relationship to this project. Randall Smith, a Moorpark resident, stated he is pleasantly surprised this project appears to be a great addition to Moorpark. He continued by stating the streets in Moorpark will be improved by the enhancements to Collins Drive, Princeton Avenue, and the new freeway interchange; Moorpark will benefit from the $25 million to put up an interchange; the fire station site with helipad, new school site, community park, sports park with five baseball fields are all benefits; the project is hidden from view from the freeway; and 3,500 -acres are dedicated to a nature preserve. Mr. Smith urged the community to look at the project benefits; and urged support from the voters. Steve Nardi, a Moorpark resident, expressed concern about Campus Park Drive as the only artery to the project site. He stated Moorpark College and Campus Hills Homeowners Association do not want the impacts of noise, ground tremors, exhaust fumes from construction trucks, and dust during peak construction use; and noise can increase stress, blood pressure, fatigue, and reduce quality of life. Mr. Nardi ended by stating the public is at the same crossroad as it Minutes of the City Council Moorpark, California Page 10 July 21, 2004 was in the 1990's when they opposed the Hidden Creek project and passed the SOAR initiative. John V. Chaplin, a Moorpark resident, stated he does not understand why the traffic analyst would use old figures from 2002; and how installing stop signs and traffic lights will improve the flow of traffic. He stated he is concerned the lake may spring a leak; North Park is only donating a school site not a school building; there is a need for a police station, fire station, and even a hospital; there will be air pollution and noise from the construction; the land may not be annexed by LAFCO; private parks are unfair to the general public; and there is no grocery shopping or any other retail facility planned so North Park residents will probably shop in Simi Valley. Chris Childers, a Moorpark, stated this is a well designed project offering a variety of home styles and price options; there are many amenities including a lake, parks, and open space for the public to enjoy; traffic was always an issue, but without this project there would be no freeway off -ramp; the fire station site and helipad could make a big difference in fighting future fires; and the project should be brought to a vote as quickly as possible. Suzanne Wilson, a Moorpark resident, spoke about increased traffic on local streets and freeways; new residents of North Park will prefer to travel to Simi Valley to shop at the new mall rather than in Moorpark; and the project is too large. Tom Lucas, a Moorpark business owner, spoke in favor of the project as a benefit to the community, especially with the additional fire station site and helipad. Tom Duck, a Moorpark resident, stated additional traffic will cause more congestion on freeways; current zoning allowing for only 89 houses should not be changed; there will be a need for a new observatory at the college due to light pollution from the project; a fire station at Collins Drive would be better than in the hills of North Park; and the Council should study the project very carefully. 000-3702 Minutes of the City Council Moorpark, California Page 11 July 21, 2004 Mary Roberts, a Moorpark resident, stated her concerns regarding the addition of 500 homes, a school, and an active park in the project; the use of eminent domain to acquire the land to make sure the interchange is possible; and the entrance to the college is inadequate and should be increased to six - lanes. Tim Saivar, a Moorpark resident and architect, stated he is in favor of development of the property as it is currently zoned; the Collins Drive service level is poor and asked what happened to the four access roads from the original Hidden Creek plan, especially the one that went around the project to the college and avoided Collins and Campus Drives altogether; a real solution is to leave the land as is for the public to use rather than having a private gated- community; SOAR was passed to defeat the Hidden Creek project and should be used to defeat this one; and traffic, grading, and pollutants from the oil land are not being mitigated properly. Cori Martinez, a Simi Valley resident, representing Save Open Space Santa Susanna Mountains (SOS), stated SOS members from Simi Valley and Moorpark believe development is not the only option for the North Park area; consideration should be given to preserving the land buffer between Moorpark and Simi Valley since using this land and water will cause harm to the habitat of many species; and this area should be preserved as is for future generations. Diane Bentz, a Simi Valley resident and Co -Chair of SOS, stated the group formed to protect overdevelopment of the Santa Susanna Mountains; and North Park and Sand Canyon projects' cumulative effects on both Moorpark and Simi Valley communities is enormous when traffic, water supply demands, infrastructure, sensitive habitat, and endangered species are taken into consideration. Lisa Leal, a Moorpark resident, spoke in support of North Park Village and stated the plan offers unprecedented payment for a new freeway interchange and four -lane access to Moorpark College, while there are no plans by the City or college to improve that access; the public should take advantage of the Minutes of the City Council Moorpark, California Paae 12 Julv 21. 2004 amenities North Park offers; and another fire station with a helipad is a benefit. Diane Galvin, a Moorpark resident, spoke in favor of the project and asked to contemplate Simi Valley without Wood Ranch, Thousand Oaks without Lynn Ranch and what would have happened if these developments were left to the County to plan. She continued by describing the amenities that will come with North Park Village; and ended by stating SOAR requires a vote of the people and she believes more voters want this area annexed into the City instead of remaining County land. Ms. Traffenstedt stated there were 30 Written Statement cards and copies would be provided to the Council of the 25 statements in favor and five statements in opposition to the project. Mr. Kilkenny clarified the project will provide the land and fees sufficient to build the school on site; they are offering to provide land for a fire station (which, could be off -site, if the Fire District so requests) and will pay fees and generate tax revenues for fire services to the City; if LAFCO does not approve the annexation of land for the project, then the project will not be built; private parks are funded through Homeowner Associations; the proposed number of public parks greatly exceeds City standards; the freeway interchange is east and west bound; they are donating not just the land, but will also pay for construction of a new observatory at the college, they are providing four lanes into the college and if the City needs more they would be pleased to provide the land and improvements; Hidden Creek Ranch did not have an Alamos Canyon Road connection; staff analyzed an extension of Campus Park Drive to the project area and determined that traffic would not be drastically impacted if an extension is provided to the project area; an eastern extension of the project to Campus Park Drive has been studied and the land set aside if it becomes necessary; and interim improvements in the Campus Park community will greatly enhance the area and once the interchange is constructed there will be further improvement. Minutes of the City Council Moorpark, California Page 13 July 21, 2004 In response to Mayor Hunter, Mr. Kilkenny stated Moorpark Unified School District (MUSD) is aware of the offer to provide land and fees; Moorpark College is aware of the offer to provide land and construction of a new observatory; the Ventura Fire Protection District is aware of the offer to provide a site for a new fire station or to pay for the acquisition of land off -site; however, North Park has not offered to build a fire station, but will be paying fees and tax revenues to the Fire Protection District. Mayor Hunter stated, if the project proceeds, it should be conditioned for the applicant to provide a school building to the satisfaction of MUSD and an observatory to the satisfaction of Moorpark College. In response to Mayor Hunter, Deputy Chief Dave Festerling of Ventura County Fire Protection District, stated a helipad in this location would have had a beneficial impact during the Simi fire; the District would like a new fire station in east Moorpark either in this project area, near the freeway by Moorpark college, or in Alamos Canyon. In response to Councilmember Mikos, Deputy Chief Festerling stated beside the funds provided by the North Park project, additional monies will come from the Fire District General Fund along with fee income from other projects; if North Park is not approved, the District will still need an eastern Moorpark station or one in western Simi Valley in the Alamos Canyon area; and a station is already scheduled to be built at the end of Erringer Road for the Big Sky project in Simi Valley. In response to Councilmember Festerling stated building a footprint of the freeway onrai great living environment; they lake as a water resource; and in a residential section is not Harper, Deputy Chief fire station in the np would not provide a would want to use the a fire station located practical. In response to Mayor Hunter, Mr. Bobardt stated the existing landfill would be able to accommodate the increase generated from this project based upon the threshold of significance. Minutes of the City Council Moorpark, California Paae 19 Julv 21, 2009 In response to Mayor Hunter, Mr. Bobardt stated the Hillside Ordinance requires land between 20 -25% slope be dedicated as open space; and the project provides sufficient open space in two categories, but the 195 acres above 50% slope would have to be covered in a Development Agreement in order to be exempt from the Hillside Management ordinance. In response to Councilmember Mikos' statement that it seems if the grading impacts of this project are approved, a statement is being made that it is better to preserve the view of the ridgeline while sacrificing the eco system, Mr. Bobardt stated the Hillside Management Ordinance focuses on visual impacts and the concentration of development in the lower elevations does minimize the visual impacts, as is most obvious when looking at the model for the project. Councilmember Parvin stated she would like to see line -of -sight exhibits from the freeway to Campus Park Drive at Collins Drive. She asked for more information on the visual impacts of the project; if the mineral- rights land would be a separate issue for eminent domain; whether there is a commercial site planned much like the one in Westlake Village, which contains a grocery store; whether alternatives are being considered for construction truck access; and where was the roadway located that went around the college in the Hidden Creek project. In response to Mayor Hunter, Mr. Grannis confirmed that by the year 2020, it is anticipated, 33,000 new homes would be built in Simi Valley, Thousand Oaks and Moorpark, increasing the resident population by 102,000. In response to Mayor Hunter, Mr. Bobardt stated the proposed grading of 27- million cubic yards of earth on the project site would be balanced cut and fill, avoiding trucking of earth on or off site. In response to Councilmember Harper, Mr. Bobardt stated there is the potential for clay found on site to be used in lining the lake, but it is not known until excavation, whether additional substance, such as Bentonite would need to be imported. 000076 Minutes of the City Council Moorpark, California Paste 15 Julv 21, 2004 Councilmember Millhouse stated, ultimately the people of Moorpark will have the final say on this project; the Council is looking for factual information in order to make informed decisions; the City is zoned for additional development as allowed under the General Plan; and the question is whether we want this project or some alternative. He continued by stating, at future meetings, he would like information on: 1) The timing of the construction of the interchange in conjunction with the homes; 2) What funding mechanisms are available to make sure the interchange gets built, including bonding protections; 3) What would the process be for the City to acquire that property using eminent domain; 4) What is the percentage of open space proposed for this project, as compared to open space uses currently in the City; 5) How accessible is this property in its current state versus how it would be accessible under the project conditions; 6) How could preservation of this property occur as suggested by SOS; 7) Have there been any recent appraisals of the property and what is the basis for such an appraisal; 8) What type of funding mechanisms are available for purchasing the property; 9) What is the current zoning for the property; 10) What is the maximum number of units that can be built under that zoning and by what number of votes can the zoning be changed by the County Board of Supervisors; 11) What would the traffic impacts be from a County project and would that traffic be directed through the City using the current infrastructure; 12) What are the permissible uses under the County jurisdiction; 13) What type of SOAR vote is required at a County level; 14) What is the correlation between the increase in the number of college students and their impact on traffic; and 15) What is the college's requirement for contributions towards traffic improvements based upon increased enrollment. Councilmember Mikos stated, at a future meeting, she would like information on: 1) What the differences are between the street improvements generated by the M &M Campus Park Plaza project versus what North Park would contribute to the Campus Park /Collins Drive intersection; 2) How far does the widening of the roadway in this location go towards the location of the interchange; 3) Would the college have to Minutes of the City Council Moorpark, California Paqe 16 July 21, 2004 contribute some of the improvements due to increased student population; 4) Could the City perform some of these improvements; and 5) How can salts be prevented from percolating into the ground water from any leakage in the lake. She requested staff invite a representative from the Fox Canyon Groundwater Management Agency to enlighten the public and Council on ground water quality issues. In response to Councilmember Mikos, Mr. Gilbert stated the widening of the freeway from Tapo Canyon to New Los Angeles Avenue will involve the widening of the bridges at the interchanges; however Caltrans is still studying the possibility of widening the large bridge connecting State Route 118 to State Route 23. Councilmember Mikos continued by stating she would also like information on: 1) What would be the cost to build a larger public library to meet the minimum level recommended for this size city, and what would be the fee source; 2) What is the scheduled timing for the grading for North Park; 3) What are the repercussions from Valley Fever spores and what protections are contemplated for the public; 4) How many home /condos /duplexes currently exist in the entire Campus Park area, the mobile home park, and Virginia Colony; 5) If a Phase 2 Study of contamination from the oil fields reveals extensive contamination after the vote has been taken, will there be a provision in the Development Agreement for the developer to accept fewer homes and still provide the amenities; and 6) What extent does the college, by law, have to participate in traffic mitigation. She requested staff invite representatives from the Santa Monica Mountains Conservancy and Santa Monica Mountains National Recreation Area to attend a future meeting to provide comments and answer questions regarding the biology of the project. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to continue this item with public hearing open to September 15, 2004. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 11:15 p.m. The meeting reconvened at 11:31 p.m. Minutes of the City Council Moorpark, California Page 17 July 21, 2004 B. Consider Zoning Ordinance Amendment No. 2004 -04: An Amendment to Chapter 17.12 (Establishment of Zones, Boundaries, and Maps), Chapter 17.20 (Uses by Zone) and Chapter 17.44 (Entitlement - Process and Procedures) of the Moorpark Municipal Code Related to Entitlement Review Requirements for Certain Uses. (continued from July 7, 2004, with public hearing open) Staff Recommendation: Continue to take public testimony, and continue the agenda item with the public hearing open to September 1, 2004. Mr. Hogan asked that this item be continued with public hearing open to September 1, 2004. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to continue this item with public hearing open to September 1, 2004. The motion carried by unanimous voice vote. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Whether Appliance Sales, Distribution and Warehousing are Commercial Uses in Compliance with the Existing SDI Development Agreement for the Land Located on the East Side of State Route 23, Immediately North and South of New Los Angeles Avenue (Lots 1 and 2 of Tract 5004) . (continued from June 16, 2004) Staff Recommendation: Adopt Option 1 of the agenda report. Mayor Hunter stated, "On two prior occasions, I have recused myself from participation in this matter. On those occasions I have indicated that while I do not have a legal conflict of interest, the possibility that I may need to testify as a witness in a lawsuit between the current and prior owners of the property at issue, created the potential for an appearance of bias on my part. As circumstances have not changed in that regard, I will continue to recuse myself with respect to this matter and will step down from the dais." AT THIS POINT in the meeting, Mayor Hunter left the meeting. The time was 11:33 p.m. 00001-19 Minutes of the City Council Moorpark, California Page 18 July 21, 2004 Mr. Hogan gave the staff report. Mayor Pro Tempore Parvin, asked if nothing new has transpired and the vote remains tied could this item be referred an ad hoc committee. Mr. Montes stated due to the unique character that has developed, it would be well within the Council's prevue to develop an ad hoc committee to deal with this particular matter. In response to Councilmember Mikos' statement that she had received communication from the developer that made it sound like the Council wanted to move forward, Mr. Montes stated the minutes clearly state Council gave direction to staff meet with the developer to study the options. Councilmember Mikos volunteered to be on the ad hoc committee. Councilmember Millhouse also volunteered to be on the ad hoc committee and suggested there be a member from each side of the vote to consider the design of the building. Councilmember Harper stated beside the building design there is the remaining issue of land use; and recommended the ad hoc committee look at a new land use category along with all aspects of the application. He went on to state he has been a customer of this particular retailer which has excellent prices and appliances, and other communities in the county have a combined retail /warehouse use zone which should be considered. Councilmember Harper cited Harbor Freight as a company which combines retail sales with warehousing; and stated other places in the County where retail sales and warehousing are combined should be part of the review. Councilmember Mikos asked where else in the City would the use be allowed. Brian Poliquin, Poliquin Design, 6400 Canoga Avenue, Woodland Hills, California, was present; however declined to speak. I)Cd OSo Minutes of the City Council Moorpark, California Paqe 19 Julv 21, 2004 Chuck Cohon, Attorney, 2801 Westlake Village, Westlake, California, was present; however declined to speak. Tom Schlender, Warehouse Discount Center, 30621 Canwood, Agoura, California, was present; however declined to speak. MOTION: Councilmember Harper moved to form an ad hoc committee to look at all aspects of the application with Councilmembers Mikos and Millhouse to serve as members of the committee. A discussion followed between the Councilmembers regarding who should serve from the dissenting side. Councilmember Mikos deferred to Councilmember Harper. AMENDED MOTION: Councilmember Harper moved to amend the motion and Councilmember Millhouse seconded the amendment to have Councilmembers Harper and Millhouse serve on an ad hoc committee to look at all aspects of this application. The motion carried by voice vote 4 -0, with Mayor Hunter absent vote. AT THIS POINT in the meeting, Mayor Hunter returned to the meeting and Councilmember Millhouse left the meeting. The time was 11:45 p.m. B. Consider an Ordinance Amending Chapter 5.06 of the Moorpark Municipal Code Regulating Cable Television Systems. (continued from July 7, 2004) Staff Recommendation: Introduce Ordinance No. 303 for first reading. Mr. Riley gave the staff report. In response to Mayor Hunter, Mr. Riley confirmed changes, as mentioned on stamped page 36 of the agenda report, are contained within the Ordinance; the Ordinance will become an exhibit attached to the Franchise Agreement that is still under negotiation; and the Franchise Agreement will be presented to Council in September. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Minutes of the City Council Moorpark, California Page 20 July 21, 2004 Mr. Montes read the title of Ordinance No. 303. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to waive further reading of Ordinance No. 303, and declare Ordinance No. 303 read for the first time. The motion carried by voice vote 4 -0, with Councilmember Millhouse absent. C. Consider Resolutions for Interim Extension of Cable Television Franchise. (continued from July 7, 2004) Staff Recommendation: Adopt Resolutions Nos. 2004- 2222 and 2004 -2223 extending Cable Television Franchise Agreements with Adelphia Communications Corporation until September 30, 2004. Mr. Riley gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. In response to Mayor Hunter, Mr. Riley identified the committee members to be Councilmembers Harper and Millhouse. In response to Mayor Hunter, Councilmember Harper stated there is a base level service, but he does not believe it is solely for seniors. In response to Mayor Hunter, Steve Neighbor, Area Manager for Adelphia, stated there is a "life -line broadcast rate" available for seniors or the economically disadvantaged, which including fees, costs approximately $13.00; Channels 2 through 36 are included in this package and will be a part of the Franchise Agreement; Adelphia has completed upgrades in Moorpark and the rest of Ventura County; they are close to deploying HDTV; and are ready to launch digital video recorders and video -on- demand allowing customers to order pay for view movies. In response to Councilmember Harper, Mr. Neighbor stated digital recorders will be available in Moorpark by mid - August. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Minutes of the City Council Mooroark, California Paae 21 July 21, 2004 MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to adopt Resolutions Nos. 2004 -2222 and 2004 -2223 extending Cable Television Franchise Agreements with Adelphia Communications Corporation until September 30, 2004. The motion carried by voice vote 4 -0, with Councilmember Millhouse absent. D. Consider Resolution Adopting Revised Procedures of the City of Moorpark and Moorpark Redevelopment Agency to Implement the California Environmental Quality Act (CEQA) and Rescinding Resolution No. 92 -872. Staff Recommendation: Adopt Resolution No. 2004 -2224. Mr. Hogan gave the staff report. In response to Councilmember Mikos, Mr. Hogan stated the Negative Declaration public review process goes along with the notice requirements of the application, which for Conditional Use Permits and Variances is 1,000 -feet, as these are the likely ones to have Negative Declarations; and Administrative Permits are noticed to adjacent property owners only, as these permits would most likely not have Negative Declarations. He continued by stating staff recommends continuing with the current practice of responding to all of the drafts from public agencies and commentators during the 10 -days prior to the vote, rather than changing it to 20 -days. In response to Councilmember Mikos, Mr. Hogan stated staff could work with a compromise of 14 -days. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2004 -2224, as amended to allow for a 14 -day response period and rescind Resolution No. 92 -872. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. E. Consider Resolution Adopting a Land Secured Financing Policy Concerning the Use of the Mello -Roos Community Facilities Act and Rescinding Resolution No. 97 -1279. Staff Recommendation: Adopt Resolution No. 2004 -2225. Minutes of the City Council Moorpark, California Paqe 22 July 21, 2004 Mr. Riley gave the staff report. Mr. Montes stated if the Council considers approving this item, he would ask that it be subject to final language approval by the City Manager and City Attorney with respect to the additional clarification of the City's policy under the Mello -Roos Act for the requirement that when a public improvement is funded with bond money after the district has been formed, it is to be built "in the same manner as if the City had built it ". In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2004 -2225, as amended for final language approval by the City Manager and City Attorney with respect to local land secured financing policy concerning the use of the Mello -Roos Community Facilities Act. The motion carried by voice vote 4 -0, with Councilmember Millhouse absent. 10. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of Items 10.C., 10.H., and 10.K., which were pulled for individual consideration. The motion carried by roll call vote 4 -0, Councilmember Millhouse absent. A. Consider Approval of Minutes of Regular Meeting of May 19, 2004. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - July 21, 2004. Manual Warrants Voided Warrant Payroll Liability Warrants 116630 116439 & 116617 & 116618 116619 - 116623 $ 1, 608.24 $ (2,500.00) $ 1,883.28 4)000S4 Minutes of the City Council Moorpark, California Paqe 23 July 21, 2004 Regular Warrants 116635 - 116715 & $ 35,850.39 116716 - 116732 $ 991,364.36 Staff Recommendation: Approve the warrant register. D. Consider Acceptance of Grant Deed for 282 Los Angeles Avenue. Staff Recommendation: Accept fee title to the property at 282 Los Angeles Avenue, direct the City Clerk to execute a Certificate of Acceptance on behalf of the City, and to record the Grand Deed with the County of Ventura. E. Consider Notice of Completion for the Civic Center Driveway Modification Project (Project 8053) . Staff Recommendation: Accept the work as complete and authorize the City Clerk to file the Notice of Completion for the project. F. Consider Resolution Revising Administrative Fees for City Impound Fees from Eighty Dollars ($80) to One Hundred Ten Dollars ($110) for the Release of Vehicles Impounded by the Moorpark Police Department. Staff Recommendation: Adopt Resolution No. 2004 -2227. G. Consider Bond Reduction for Tract 4986 (West America) , Located on the South Side of Poindexter Avenue. Staff Recommendation: 1) Authorize the City Clerk to reduce sureties #M101926, #M101927, #M101928, and #M101929 to 100 of the original bond amount; and 2) Authorize the City Clerk to fully exonerate sureties for Tract 4986 one year after this approval of the reduction of surety bond and upon written confirmation from the City Engineer that no warranty work is required. I. Consider Resolution Amending the Fiscal Year 2004/05 Budget to Repair the Multipurpose Court at Arroyo Vista Community Park (AVCP). Staff Recommendation: Adopt Resolution No. 2004 -2229, amending the FY 2004/05 budget by appropriating $2,240 from the General Fund Reserve (1000) to the AVCP maintenance expenditure budget (2400). ROLL CALL VOTE REQUIRED J. Consider Resolution Authorizing the Destruction of Certain Records. Staff Recommendation: Adopt Resolution No. 2004 -2230. 0 ()001 Minutes of the City Council Moorpark, California Page 24 July 21, 2004 The following items were pulled from the Consent Calendar for individual consideration. C. Consider Resolution Directing the Planning Commission to hold a Public Hearing and Provide a Recommendation on Zoning Ordinance Amendments to Chapters 17.24 (Lot Area and Coverage, Setbacks, Height, and Related Provisions) and 17.36 (Standards for Specific Zones and Zone Types). Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny stated due to a change in the agenda this item was moved to Consent and the staff recommendation should have been changed to adopt Resolution No. 2004- 2226. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2004 -2226 directing the Planning Commission to hold a Public Hearing and provide a recommendation on Zoning Ordinance Amendments to Chapters 17.24 and 17.36. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. H. Consider Resolution Rescinding Resolution 2000 -1766 and Establishing New Parking Restrictions at Tierra Rejada Park. Staff Recommendation: Adopt Resolution No. 2004 -2228. Mayor Hunter stated he had this item pulled to ensure Moorpark Unified School District, specifically Moorpark High School are notified of the new parking restrictions. In response to Councilmember Mikos, Mr. Kueny stated the two -hour restriction is appropriate to balance the needs of the public and the students. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. In response to Councilmember Parvin, Mr. Kueny stated the change is not in response to complaints, but is in response to staff observations that the entire parking lot was full when there were no park users present. Minutes of the City Council Moorpark, California Page 25 July 21, 2004 MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to adopt Resolution No. 2004 -2228, establishing new parking restrictions at Tierra Rejada Park as amended, to notify Moorpark Unified School District of new parking restrictions, and rescinding Resolution 2000- 1766. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. K. Consider Parcel Map Approval for Parcel Map No. 5264 (M &M Development). Staff Recommendation: Authorize the Mayor and City Clerk to sign and the City Clerk to cause Parcel Map 5264 to be recorded in the office of the Ventura County Recorder. Councilmember Mikos stated she had pulled this item as she intends to abstain from voting and wanted it to be a part of the record. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to authorize the Mayor and City Clerk to sign and the City Clerk to cause Parcel Map 5264 to be recorded in the office of the Ventura County Recorder. The motion carried by voice vote 3 -0, Councilmember Mikos abstaining and Councilmember Millhouse absent. 11. ORDINANCES: A. Consider Ordinance No. 302, an Ordinance of the Cit of Moorpark, California, Amending Certain Portions of Chapter 17.74 of the Moorpark Municipal Code Pertaining to the Development Standards within the Moorpark Highlands Specific Plan Area - Specific Plan No. 95 -02. Declare Ordinance No. 302 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 302. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive further reading, declare Ordinance No. 302 read for the second time, and adopted as read. The motion carried by voice vote 3 -1, Councilmember Mikos dissenting and Councilmember Millhouse absent. Minutes of the City Council Moorpark, California Paqe 26 July 21, 2004 12. CLOSED SESSION: Mr. Kueny requested the Council go into closed session for discussion of Item 12.B. on the agenda. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adjourn to closed session for a discussion of Item 12.B. on the agenda. The motion carried by voice vote, 4 -0, Councilmember Millhouse absent. The time was 12:05 a.m., July 22, 2004. 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) Present in closed session were Councilmembers Harper, Mikos, Parvin, and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 12:13 a.m., July 22, 2004. Mr. Kueny stated that one case under Item 12.B was discussed and there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 12:13 a.m., July 22, 2004. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk