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HomeMy WebLinkAboutAGENDA REPORT 2005 0216 CC REG ITEM 10ACITY OF MOORPARK. CALIFORNIA ( • City vouticn ��Q i3tltl _ of o?- /G -17,005 ACTION: "Q=,� Q��Q,� MINUTES OF THE CITY COUNCIL gg; Moorpark, California September 15, 2004 A Regular Meeting of the City Council of the City of Moorpark was held on September 15, 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 7:23 p.m. 2. PLEDGE OF ALLEGIANCE: City Manager, Steven Kueny 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; Barry Hogan, Community Development Director; Cynthia Borchard, Administrative Services Director; Brad Miller, City Engineer; Sergeant Craig Smith, 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. Certificates of Recognition for Country Days Logo and Theme Contest Winners, Jessica Dungca and Scott Tipping. Mayor Hunter presented Jessica Dungca with a certificate of recognition for winning the Country Days logo contest. Scott Tipping was unable to attend. Mayor Hunter announced the 25th Annual Country Days Parade and Street Fair will be held Saturday, October 2nd, from 10:30 a.m. to 4:00 p.m. on High Street where 000116 Minutes of the City Council Moorpark, California Page 2 September 15, 2004 activities will include crafts, food, games, rides, and entertainment. B. Proclamation Approving October 1, 2004, as "California Arts Day" and Recognizing the Month of October as "Arts and Humanities Month ". Mayor Hunter presented Parks and Recreation Commission Vice - Chair, Julie Weisberger with a proclamation approving October 1, 2004, as "California Arts Day" and Recognizing the Month of October as "Arts and Humanities Month ". Ms. Weisberger invited the community to attend the city of Moorpark's Art Festival to be held on Sunday, October 10, 2004, at the Moorpark Civic Center and on High Street. C. City Manager's Monthly Report. Mr. Kueny introduced Brad Miller, City Engineer who gave the monthly report. Mr. Miller provided an overview of the function of the City Engineer's Office including Development Engineering Services, Public Works Permits, Construction Inspection, Capital Improvement Projects, and Traffic Engineering. He went on to describe department achievements including a review of customer service and department processes, and policies and procedures in regard to Moorpark Municipal School District plan check and inspection. Mr. Miller concluded by outlining the top objectives for the department to be the widening of portions of Los Angeles Avenue /New Los Angeles Avenue and Moorpark Road /Walnut Canyon Road. Councilmember Mikos congratulated Mr. Miller as the City's first in -house City Engineer and stated the Council is pleased with what he has been doing. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:37 p.m. The City Council meeting reconvened at 7:38 p.m. 00011'7 Minutes of the City Council Moorpark, California Page 3 September 15, 2004 5. PUBLIC COMMENT: Ralph Mauriello, a Moorpark resident representing the High Street Theater Foundation, expressed concerns regarding the theater and asked to form an alliance with the City for a Committee for the Arts. He identified several individuals in the community who are willing to work with the City to restore the theater, which would allow the return of melodramas, provide a venue for classic drama and children's theater, and provide concerts and special events. Mr. Mauriello stated the committee is preparing Articles of Incorporation for a non - profit organization. In response to Mayor Hunter's question of how he envisions the City's participation, Mr. Mauriello stated they need financial assistance. Jean Sandlin, a Moorpark resident representing the High Street Theater Foundation, stated they are interested in maintaining the historic district in the community, especially the uniqueness of the theater. Wendy Harper, a Moorpark resident representing the High Street Theater Foundation and designer of the Gardens of the World in Thousand Oaks, stated Moorpark is fortunate to have the quaintness of High Street and this beautiful theatre. She stated there is a need to revitalize this area; and described ways to raise money for the theater. Ms. Harper asked the City to embrace the idea of joining with the Foundation in this effort. Mayor Hunter requested comments from Council committee members Harper and Mikos. Councilmember Mikos stated the arts are a passion for her and she is pleased to see the broad -based community effort to preserve the Theater on High Street. She continued by stating Mr. Janss' original vision is being fine -tuned by this effort. Janet Murphy, a Moorpark resident invited the community to a documentary film at the Theater on High Street entitled "Home Growing ", which concerns affordable housing and the preservation of open space. She stated Measures A and B on the upcoming election ballot will be discussed. 000118 Minutes of the City Council Moorpark, California Paqe 4 September 15, 2004 Keith Millhouse, a Moorpark resident, spoke in regard to Measure B, the transportation initiative for Ventura County. He stated traffic congestion is threatening the quality of life and regional economic vitality of Ventura County; the State has ignored State Routes 23 and 118 and the widening of these freeways is on hold; Measure B provides a 30 -year revenue source for improving and repairing the infrastructure and enhancing mass transit alternatives; the money generated by Measure B cannot be used by the State or Federal governments; and supporters of the initiative include the Ventura County Tax Payer's Association, the Automobile Club of Southern California, the Agricultural Association, California State University at Channel Islands, and each city in the county, all of which voted to place the measure on the ballot. Mr. Millhouse encouraged voters to become educated on Measure B. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Mikos requested Items 10.C. and 10.D. be pulled from the Consent Calendar for individual consideration. Mayor Hunter requested Item 9.F. be continued to October 6, 2004, to allow Council additional time to review the agreement. CONSENSUS: It was the consensus of the Council to continue Item 9.F. to October 6, 2004. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos announced a four -mile hike through Happy Camp Canyon Regional Park on Sunday, September 26, 2004. Mayor Hunter announced a volunteer cleanup of the Arroyo Simi will take place on Saturday, September 18, beginning at Arroyo Vista Recreation Center at 9:00 a.m.; and volunteers are asked to bring gloves, sunscreen, and wear sturdy shoes. Mayor Hunter announced a free landfill day scheduled for Moorpark residents on Sunday, September 19, from 9:00 a.m. to 3:00 p.m. at the Simi Valley Landfill and Recycling 0 00119 Minutes of the City Council Moorpark, California Page 5 September 15, 2004 Center, 2801 Madera Road, where household waste can be dumped or recycled without charge. Mayor Hunter announced the north parking lot at the Metrolink station will be closed Saturday, October 2nd from 6:00 a.m. to 6:00 p.m. due to the Country Days Parade; and the public is asked to remove vehicles before 6:00 a.m. Saturday, as those left in the parking lot will be towed at the owner's expense. Mayor Hunter announced the Active Adult Center, in conjunction with the Visiting Nurse Association, will hold a flu shot clinic on Wednesday, October 6th from 1:00 p.m. to 4:00 p.m. Flu shots will be available for individuals ages 13 and up. Those 65 and older, who are not enrolled in a Medicare HMO, pay no fee and for those enrolled in a Medicare HMO, the charge is $20. Appointments are required and can be made by calling the Active Adult 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 Boundaries, on the Application of North Park Village LP. (continued from July 21, 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 October 20, 2004. Mr. Bobardt gave the staff report. Mayor Hunter suggested hearing from the public speakers prior to follow -up questions directed to staff. CONSENSUS: It was the consensus of the Council to take public testimony prior to directing questions to staff. Mayor Hunter stated the public hearing remains open. David Panaro, a Moorpark resident, hydrologist for Ventura County Water Resources Division, and geologist 000120 Minutes of the City Council Moorpark, California Page 6 September 15, 2004 for the Fox Canyon Groundwater Management Agency, gave a presentation on water supply and water quality while reviewing the project and the local hydrology. He identified groundwater basins, aquifer outcroppings and expansion areas; and showed the location of water and oil wells, while addressing water quality concerns. Mr. Panaro complimented the developer and Planning staff for avoiding conflict with intrusion of the aquifers into the project area. Councilmember Mikos identified herself as one of the Directors on the Fox Canyon Groundwater Management Agency where in Agency discussions of clay bottoms for lakes, concern was expressed by part of the board as to whether the proposed lake is a good idea in regard to salts filtering down into the aquifer. She asked if there was any new information regarding whether the lake would be drained periodically to make sure salts from chloride are not filtering down into the aquifer. Mr. Bobardt stated the lake is not intended to be drained; the water consultant who designed the lake management plan stated it would not need draining; and staff will prepare a response to this issue by next meeting. In response to Councilmember Mikos, Mr. Panaro stated in conversations with the developer's consultant, it is his understanding the lake will be aerated to control water quality; he is satisfied the liner for the clay bottom will be constructed properly; and he has no problems with it at this time. In response to Councilmember Mikos, Mr. Panaro stated he was not familiar with the particular design or brand of the centrifugal separators, but understands they are used in separating trash, silt, and suspended matter from run -off water and should be effective if there are enough of them. In response to Councilmember Mikos, Mr. Bobardt stated the centrifugal separators have not been designed yet; and it is the mitigation measure that requires they be incorporated into the debris basins. In response to Councilmember Millhouse, Mr. Panaro stated the depth to groundwater in that area of North 000121 Minutes of the City Council Moorpark, California Page 7 September 15, 2004 Park is several hundred feet, possibly in the 400- to 500 -foot range; the developer is not building on the aquifer outcropping; the remainder of the area is not known as a groundwater basin; and it is not connected to the infiltration to the aquifer. He stated he is comfortable with the lake except for the lack of exact detail on the storm water separators; and would like to see information on a backup plan. Mr. Panaro indicated they anticipate additional information when the final Environmental Impact Report (EIR) is published. In response to Councilmember Parvin, Mr. Panaro stated there is no concern regarding grading since it is not in an aquifer outcrop area. In response to Councilmember Harper, Mr. Panaro stated there are no groundwater issues associated with the lake as the groundwater is not going to drain, eliminating the need for a separator. Councilmember Mikos stated comments from other directors on the Fox Canyon Groundwater Management Agency Board expressed concern that separators are an unknown factor and a fall -back position is needed to monitor whether the water is clean upon entering the ground; and whether, in a drought -type area, it is a good policy decision by the City to use potable water to fill a lake when it could be used to service residents. Joe Edmiston, Executive Director of the Santa Monica Mountains Conservancy (SMMC) , 5750 Ramirez Canon Road, Malibu, California, and Executive Officer of the Mountains Recreation Conservation Authority (MRCA), 25345 Mureau Road, Ventura, California, acknowledged the city of Moorpark's contributions to the SMMC and the City's representative Councilmember Mikos who has had a strong influence on SMMC policy. He went on to describe Moorpark as a complete ecosystem that should not be lost. Mr. Edmiston stated the dilemma is how to preserve this area forever with the meager dollars available; North Park is a massive project; all objections raised by SMMC are close to being resolved by the developer and a real nature preserve is the result; one of the remaining issues is to create a 000122 Minutes of the City Council Moorpark, California Page 8 September 15, 2004 wildlife corridor through the development and a possible solution is to create a crossing under the freeway; SMMC is very close to endorsing the project; the 2,100 -acre nature preserve and open space contiguous to the project must be monitored and managed; the developer has promised a permanent source of funds to meet those needs; the EIR does not address what agency will perform the monitoring and management; and he suggested a local agency with experience in protecting open space would be best. He introduced Rorie Skei, Chief Deputy Director and Paul Edelman, Deputy Director for Natural Resources and Planning as members of SMMC available for questions. Walt Young, Chief Ranger of Mountains Recreation Conservation Authority (MRCA), 25345 Mureau Road, Ventura, California, gave a presentation on the local government agency comprised of two Ventura County Park Districts partnered with SMMC. He stated the MRCA manages several properties within Ventura County including Rocky Peak Park, Ahmanson Ranch, and Happy Camp Canyon Regional Park, which is adjacent to the proposed open space of North Park. He also described the Park Ranger profession, which includes law enforcement, search and rescue, wildland fire- fighting, emergency medical response, resource protection, public outreach, park maintenance, and the mounted assistance unit. Chief Ranger Young stated open space does need to be managed with an active ranger program to prevent abuse. In response to Councilmember Mikos, Mr. Edmiston stated in regard to SMMC Comment 15 of the Conservancy Comment Letter, a substantial portion of the residential development for North Park has been moved at considerable expense to the project; the heavily wooded wildlife corridors are to be bridged, not filled in; and there is an agreement for larger size berms for lots in some areas, to prevent sound and light impacts to the wildlife areas. In response to Councilmember Mikos, Mr. Bobardt confirmed the footprint of the project, as depicted by the current model, will be different once the adjustments described by SMMC have been incorporated. 000123 Minutes of the City Council Moorpark, California Paqe 9 September 15, 2004 In response to Councilmember Mikos, Mr. Edmiston stated SMMC would like the developer to purchase the Unocal property as a large open space configured to preserve the ecosystem, protecting the 2100 -acre open space of the project as a critical habitat is essential. In response to Councilmember Harper, Mr. Edmiston stated the City could own an open space easement over the property to forever guarantee it would not be developed; the City would not have the maintenance responsibility, as the expense to maintain it would be the responsibility of SMMC or MRCA provided a permanent funding source is set up by the developer to fund the personnel and equipment needed; this could be funded by an endowment fund, a community facilities district, or other processes; and SMMC recognizes the City has the final say with SMMC only making recommendations. In response to Councilmember Parvin, Mr. Edmiston stated Happy Camp Canyon Regional Park is currently managed by full -time, professional rangers along with very active volunteers, and since it is contiguous to North Park, the two could be managed as a whole. In response to Councilmember Millhouse, Mr. Edmiston described how the acquisition costs for open space can vary from appraised value to the developer's projection of its worth after development; and SMMC has acquired property from donations of land as well as by purchase. He continued by stating SMMC has no regulatory jurisdiction over the North Park area; the City is the regulatory body; and configuration of the number of units to preserve the wildlife habitat along with the economic viability of the project are the major concerns for SMMC. Reddy Pakala, Director of Water and Sanitation for Ventura County Public Works Agency, stated he is representing Ventura County Waterworks District No. 1, 7150 Walnut Canyon Road, Moorpark, which supplies water and sanitation services to the city of Moorpark and the surrounding northwest areas. He described the water supply sources for the district and stated the water demands for the proposed project were included 0 00124 Minutes of the City Council Moorpark, California Page 10 September 15, 2004 in their Master Plan; and they have been working with the developer who has been supplying them with all reports needed, which the district has subsequently submitted to staff. In response to Councilmember Harper, Mr. Pakala stated he would be comfortable giving the project a Will Serve Letter. In response to Councilmember Mikos, Mr. Pakala stated the water for the lake would not be taken from the groundwater supply; there are conditions for the developer to contribute to the financing for de- salting of the water, which is a Metropolitan Water District project; however, they are conditioning the project to bring in reclaimed water. Jim Lovins, Environmental Coordinator with Vintage Petroleum, 3055 West Pacific Coast Highway, Ventura, California, stated he has been in contact with the developer in regard to what wells, gathering lines and facilities may be impacted. In response to Councilmember Mikos, Mr. Lovins stated his company acquired the mineral rights in 2000. He stated he could provide the City with a map disclosing the location of all the wells and gathering lines on the property; and he believes Vintage Petroleum is the sole operator of the field. Mr. Bobardt stated staff would check the records and confirm ownership of all the oil wells on site. Ann Johnston, environmental consultant for the City from BonTerra Consulting, 151 Kalmus Suite E -200, Costa Mesa, California, gave a presentation on the biological resources as addressed in the EIR. She introduced Sandy Letterman, Senior Botanist and Brian Daniels, Senior Wildlife Biologist with BonTerra who have contributed to the document. In response to Councilmember Harper, Ms. Johnston stated at first glance, changes to the biological resources resulting from the Simi Fire, look significant; however, the natural ecology of the coastal scrub and oak woodland habitat will return to 000125 Minutes of the City Council Moorpark, California Page 11 September 15, 2004 their prior condition; the mitigation measures are not being changed for the project; and the developer is not being required to restore the natural habitat destroyed in the fire. In response to Councilmember Mikos, Ms. Johnston stated due to the fire, certain special status plants may now appear on site and if this is the case, a plan for the applicant to mitigate or relocate the species will be developed. She further stated in working with California Fish and Game Agency, relocation of the Spadefoot Toad species has been very successful in the Santa Clarita area; and she would be happy to contact the National Parks Service to inquire about Hidden Creek being considered a significant wildlife corridor. In response to Councilmember Mikos' statement that the City voted to support Moorpark being considered a critical habitat area designation for the Coastal California gnatcatcher, Ms. Johnston explained the 2000 Designation of Critical Habitat used by Fish and Wildlife and the U.S. Dept. of the Interior does not include this site or the city of Moorpark for the gnatcatcher. Ken Kilkenny, representing North Park, 680 Walnut Street, Moorpark, spoke in regard to groundwater, water supply, school mitigation, fire station site, SMMC recommendations for protection of watershed, additional wildlife crossing and vernal pools, and Valley Fever statistics. Mr. Kilkenny stated they have worked hard to satisfy the concerns of all. He. provided the names of his staff Ed Casey, Harlan Glenn and Eric Walther as available for questions. Frank DePasquale, Superintendent of Moorpark Unified School District, 5297 Maureen Lane, Moorpark, stated the District's major concern for location of the school site has been addressed; and financial arrangements to build the school are in negotiation. In response to Councilmember Harper, Dr. DePasquale stated the project would generate approximately 1200 students; the District is happy with the new school location on a higher pad; the State's architect has 000126 Minutes of the City Council Moorpark, California Paae 12 September 15, 2004 yet to approve the site; if the school is configured for a middle school the cost would be approximately $15 -16 million, and if configured for an elementary school the cost would be approximately $10 million. Jim Crawford, a Moorpark resident, expressed concerns about traffic impacts to the area and opposed the project. Ben Randazza, a opposition to the reservations about t traffic conditions Valley Fever caused movement. Moorpark resident, stated his project and expressed serious he development in regard to unsafe and respiratory impacts such as by construction grading and soil Susan Nardi, a Moorpark resident, spoke in regard to traffic impacts, especially construction truck traffic adjacent to residences and expressed concerns about Valley Fever. Suzanne Wilson, a Moorpark resident, asked to verify suggested "fixes" for Collins and Campus Drives, such as extra turn lanes; and asked whether that involves taking away parkland. She stated the interchange should be built before the development; a fire station is already scheduled to be built in the eastern part of Moorpark; without North Park another school is not needed; and the land for the off ramp has not been secured from Unocal. Ms. Wilson asked the Council to look at the accuracy and consistency of the developer's promises. Lina Santelli, a Moorpark resident, stated previous developments have had Master Plans for roadways, schools, and fire stations; the newest approved developments have not added to the existing services as they have been piecemeal, small projects; and North Park is a well planned community with a view to the future. David Bagwell, a Moorpark resident and businessperson, stated he strongly supports this housing project as 17 of his 20 employees, cannot find housing in Moorpark; the North Park project dedicates open space and a huge nature preserve; and this project is well planned and 000127 Minutes of the City Council Moorpark, California Paae 13 September 15, 2004 deserves positive action. He asked the Council to please put it on the ballot for the voters. Flo Carvalho, a Moorpark resident, stated she is willing to put up with traffic problems to get the project. Scott Mosher, representing the Moorpark Chamber of Commerce, 225 West Los Angeles Avenue, Moorpark, stated the Chamber supports the project and urged the Council's support to bring it to the voters. He stated North Park has been responsive to all concerns. Jeff Sanders, a Moorpark resident, stated 40- percent of the homes will be single -level homes, which are hard to find in a community; and urged the Council to put the project on the ballot for a vote. Lynn Shackelford, a Moorpark resident and Simi Valley business person, spoke in favor of North Park's proposal for 75- percent open space; and stated the project is a well planned development. Randall Smith, a Moorpark resident, stated North Park has been under review and scrutiny for three years; the developer has accommodated several agencies and received glowing remarks; the developer is willing to provide more money to the school project; they are bringing a water pipeline into the area; they are using reclaimed water for the college and golf course, increasing potable water in the community; experts say the interchange would improve traffic in the area; and there will be a protected nature preserve. He urged the Council to put the project on the ballot and allow citizens to vote. Lisa Leal, a Moorpark resident, stated this is the best project with 75- percent open space, a reclaimed water pipeline to the college is good; there is a lake, buffer zone, and freeway interchange; and the developer has been working with the school district to resolve issues. She stated she hopes it goes to vote. Dick Wardlow, a Moorpark resident, stated he is encouraged by the testimony this evening; growth is inevitable with more houses and more traffic; this 000128 Minutes of the City Council Moorpark, California Paqe 14 September 15, 2004 project is possible as long as problems are managed for the long term; and it is an opportunity for citizens of Moorpark to have a well planned community. He stated he is astounded the SMMC is close to an agreement; and asked the Council to get the project to the voters to decide. Cheri Risley Bohnert, a Moorpark resident, thanked the special guest speakers for their valuable information and their support of the project. She stated the project provides needed infrastructure, needed services, a new school site, water resource protections, permanent wildlife protection, and a beautiful project built by a responsible developer. Vicki Koch, a Westlake Village resident, who lives close to that lake, spoke about the amenities available when raising a family near a lake. She recommended this kind of a master planned community for raising a family; and spoke about increased property values in such a development. Linda Shishino -Cruz, stated North Park has been responsive on the issues, but she is concerned with water fees being a burden for the City and asked whether Homeowners Association dues are supposed to pay for water. Ms. Shishino -Cruz went on to state a large body of water in a semi -arid area may change the wildlife corridor and possibly attract mosquitoes, rats, and seagulls from the Simi dump. She questioned liability for City if no soils testing for contamination of the current oil fields is conducted. John Shishino -Cruz, a Moorpark resident, asked if the California Conservation Corps has looked at health and safety issues. He stated more detail is needed on the subject of Valley Fever; soil sample studies for toxic substances from oil wells should be conducted prior to approval; and traffic impacts will be so severe he cannot support the project. Janet Murphy, a Moorpark resident and representative for the non - profit group Save Open Space /Santa Susana Mountains expressed concerns regarding the impacts to the raptor habitat and oak woodlands since impacts have not been mitigated to less than significant. She 000129 Minutes of the City Council Moorpark, California Page 15 September 15, 2004 stated the regional movement along the corridor in Alamos Canyon will be affected by development in Simi Valley and the cumulative effects need to be addressed. Ms. Murphy stated there is an alternative, which is "NO PROJECT "; and encouraged the Council to consider North Park carefully. She ended her statements by speaking about Measure A on the November ballot, which is designed to preserve open space. Tim Saivar, a Moorpark resident, commented that, in general, a planned development is preferred in a community; however the City does have a General Plan for orderly development and the smaller developments do contribute to a development pool to be used for services in the City. He continued by stating the large amount of land North Park is donating for open space is not developable flat land; Moorpark would be getting a gated community of very expensive homes; the freeway system is already severely impacted and perhaps this project would be viable in the year 2020; there are many internal circulation problems within the project, which have not been addressed; and the previous, Hidden Creek project had better circulation with a roadway around Moorpark College and a connection to Alamos Canyon Road. Mr. Saivar stated he hopes the project does not get approved, but if it does he recommends a road going around the college. He provided a map depicting the roadways from the old Hidden Creek Ranch project. Randy Griffith, a Moorpark resident, recommended changes to the Mitigation Monitoring Plan including the submission by the developer of a work plan for the Phase 2 assessment, which would include sampling locations, sampling methods, and a site map of the oil well locations; and secondly would require that the Phase 2 assessment perform discrete soil sampling and soil gas sampling to identify any potential contamination due to any unmapped pipelines, sumps or disposal areas. Tim Rosevear, a Moorpark resident, stated the freeway interchange should be built first in order to mitigate the traffic created by this project; and the Campus Hills neighborhood will be greatly impacted by the construction traffic and traffic generated by the new 000130 Minutes of the City Council Moorpark, California Page 16 September 15, 2004 residents. He also stated this is a well - planned project, which might be right for Moorpark once the traffic infrastructure is in place. In response to Mayor Hunter, Ms. Traffenstedt stated there were 23 Written Statement cards submitted with 22 in favor and 1 in opposition to the project. She stated copies would be provided to Council as a box item. Mr. Kilkenny concurred with Mr. Griffith's criteria regarding the oil wells and stated his suggestions would be added to the Mitigation Program. Mayor Hunter stated he would defer his questions to staff to the next meeting on North Park. Councilmember Mikos stated, given the late hour and the number of topics covered in this meeting, she suggests having these same topics for the next North Park meeting rather than taking on any new subjects. A discussion followed focusing on continuing the same subject matters to the October 20th meeting to allow Council to query staff and to move the intended North Park subject matters for October 20th to a subsequent date. CONSENSUS: It was the consensus of the Council to continue the subject matters of this meeting to the meeting of October 20, 2004, and move the intended subject matters for October 20th to a later date. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to continue the item to October 20, 2004, with public hearing open. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the Council recessed. The time was 11:19 p.m. The meeting reconvened at 11:35 p.m. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Agreements for Professional Services Relating to the Formation, Financing and Annual Administration of Moorpark Highlands (Morrison /Pardee) and Moorpark 0 00131 Minutes of the City Council Moorpark, California Page 17 September 15, 2004 Vista (SunCal) Community Facilities Assessment Districts. Staff Recommendation: Approve agreements subject to final language approval by the City Manager and the City Attorney. Mr. Riley stated due to the late hour, he would defer giving the staff report. He stated Dave Fama, Bond Counsel from the law offices of Jones Hall, and Marshall Lynn, financial advisor from Urban Futures were available for questions. In response to Councilmember Mikos, Mr. Riley stated Pardee will be reimbursed by the Community Facilities District for it expenditures to fund the school site on their property; and the developer will be paid a sum out of the bond proceeds. In response to Councilmember Mikos, Mr. Riley stated if the Council decides not to form the CFD's, the developer would use conventional financing, which would not be tax exempt; and if the Council should decide to proceed with the CFD's at this time, they could at a later date, still determine not to proceed. Mr. Kueny stated the Council has the ability to change their mind and should look at this as a preliminary decision. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve agreements for professional services relating to the formation, financing and annual administration of Moorpark Highlands (Morrison /Pardee) and Moorpark Vista (SunCal) Community Facilities Assessment Districts, subject to final language approval by the City Manager and the City Attorney. The motion carried by unanimous voice vote. B. Consider Resolutions for Proceedings to Initiate the Formation of the City of Moorpark Community Facilities District No. 2004 -1 (Moorpark Highlands) and Moorpark Community Facilities District No. 2004 -2 (Moorpark Vista). Staff Recommendation: Adopt Resolutions Nos. 2004 -2239, 2004 -2240, 2004 -2241, and 2004 -2242. 000132 Minutes of the City Council Moorpark, California Page 18 September 15, 2004 Mr. Riley deferred the staff report due to the late hour. In response to Councilmember Parvin, Mr. Riley stated the list of items on stamped page 118 of the agenda report represent a "wish list "; the development could conceivably be financed if there are sufficient bond funds available; and ultimately, the Council would make the decision on which items would be financed. In response to Councilmember Mikos, Mr. Riley stated the primary parties included in the joint communities facilities agreement in regard to the location of the school site, would be the City and the Moorpark United School District; the reference to school fees also includes the cost for the school site; the developer may used a portion of CFD funds and funds acquired elsewhere to pay fees; and lands owned by other public agencies are exempt. In response to Councilmember Mikos, Mr. Kueny stated the conservation area would be exempt from property tax and would not be assessed as part of the proposal. In response to Councilmember Mikos, Mr. Riley confirmed there is a sunset date of 2045 for the facilities tax and the services tax would only end at the discretion of the City Council. In response to Councilmember Mikos, Mr. Fama, stated the ordinary process for collecting the services tax would be to collect it annually with the property tax bill and only once in a while would the City have to send a hand bill in cases where a deadline is missed. In response to Councilmember Mikos, John Yeager representing Pardee and Suncal, clarified the priority levels for taxing the various properties. Councilmember Harper stated he has a philosophical problem with these fees, which are essentially hidden from the purchaser. *He stated the approximate $10,000 should be included in the price of the home. Mr. Kueny stated corrections to the agenda report should include the addition of "Site Acquisition" to 000133 Minutes of the City Council Moorpark, California Page 19 September 15, 2004 School Fees on stamped page 90 and on stamped page 118 the reference to Flood Control District should be changed to Watershed Protection District. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to initiate formation of the City of Moorpark Community Facilities District No. 2004 -1 (Moorpark Highlands) and Moorpark Community Facilities District No. 2004 -2 (Moorpark Vista by: 1) Adopting Resolution No. 2004 -2239, as amended for Exhibit A to include the school site acquisition for Moorpark Highlands; 2) Adopting Resolution No. 2004 -2240; 3) Adopting Resolution No. 2004 -2241, as amended for Exhibit A to correct "Flood Control" to be "Watershed Protection District" for Moorpark Vista; and 4) Adopting Resolution No. 2004 -2242. The motion carried by unanimous voice vote. In response to Councilmember Millhouse, Mr. Montes stated that Section 2.15 of Council's resolution for rules stated upon reaching midnight the Council will not address any new items. The time was 11:55 p.m. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to waive rules and proceed with the remainder of the agenda. The motion carried by unanimous voice vote. AT THIS POINT in the meeting Mayor Hunter continued the agenda in the order it was written. C. Consider Resolution to Change the Name of Los Angeles Avenue Between Collins Drive and the Easterly City Limit. Staff Recommendation: Adopt Resolution No. 2004 -2243, changing the street name for the segment of Los Angeles Avenue east of Collins Drive to Arroyo Drive. Mr. Gilbert gave a brief staff report. Gary Mussell, a Moorpark resident, applauded the Council for their previous decision resulting in the name change of Los Angeles Avenue to Princeton Avenue. He stated it is a health and safety issue for 000134 Minutes of the City Council Moorpark, California emergency response Angeles Avenues to with the Homeowners the short timeframe to Arroyo Drive and effect until July 1, Page 20 September 15, 2004 personnel to have so consider. Mr. Mussell Association's concern Ln which to change their recommended the change 2005. many Los concurred regarding addresses not take MOTION: Councilmember Harper moved and Mayor Hunter seconded a motion to adopt Resolution No. 2004 -2243, changing the street name for the segment of Los Angeles Avenue east of Collins Drive to Arroyo Drive, as amended for an effective date of July 1, 2005. The motion carried by unanimous voice vote. D. Consider Permit Adjustment No. 2004 -10 for Commercial Planned Development No. 2001 -01: 1) Approval of a Site Plan and Building Elevations for a 4,850 Square -Foot Panera Bread Restaurant Building on Pad 1 of the Moorpark Marketplace; and 2) Approval of a New Sidewalk Section on the West Side of the Food Court, Located South of New Los Angeles Avenue, East of Miller Parkway and West of the SR -23 Freeway on the Application of Zelman Moorpark, LLC. Staff Recommendation: Direct staff to prepare a letter approving Permit Adjustment No. 2004 -10 to Commercial Planned Development No. 2001 -01. Mr. Hogan deferred the staff report due to the late hour. In response to Councilmember Mikos, Mr. Hogan stated it is likely a new sidewalk will be installed near Jamba Juice; and the developer is still in negotiation with Panera Bread and if not successful, would seek another restaurant such as Panda Express. In response to Councilmember Parvin's concern that the westerly ingress /egress for the property conflicts with the major intersection, Mr. Hogan agreed it should be eliminated. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to direct staff to prepare a letter approving Permit Adjustment No. 2004 -10 to Commercial Planned Development No. 2001 -01, as amended to 000135 Minutes of the City Council Moorpark, California Page 21 September 15, 2004 eliminate the westerly ingress /egress. The motion carried by unanimous voice vote. E. Consider Recommendation of the Council Ad Hoc Committee on the Selleck Property Located on the North Side of New Los Angeles Avenue /White Sage Road Immediately East of the State Route 23 Freeway. Staff Recommendation: Approve the Ad Hoc Committee's recommendations with the waiver of the General Plan Pre - Screening filing. Mayor Hunter stated, "The property involved in this item is the subject of a lawsuit between the current and prior owners of the site. On prior occasions this year, when items involving this property have appeared on our agenda, I have recused myself from participating because of the potential that I may be called as a witness in the lawsuit. While this does not represent a legal conflict of interest, I have recused myself to avoid any appearance of impropriety. Consistent with that practice, I will step off the dais at this point in the proceedings." AT THIS POINT in the meeting, Mayor Hunter left the meeting. The time was 12:05 a.m., September 16, 2004. Mr. Hogan gave a brief staff report. He stated there would be no public hearing if the Council moves forward with staff's recommendation for this request; however, there would still be a notice for the Planning Commission hearing and for the City Council hearing. Councilmember Mikos stated she has a problem with not following the public hearing process as the Virginia Colony residents will not be notified and their testimony could provide input on the impacts from SDI. In response to Councilmember Mikos' request to hear whether the committee recommended this as an allowable use, Councilmember Harper stated the committee did not recommend this use; however did recommend a new, mixed -use category be developed and the application then go through the public hearing process. He stated the committee concurred with staff on not having a public hearing for the pre- screening process, as once 000136 Minutes of the City Council Moorpark, California Page 22 September 15, 2004 the mixed -use category is created, there would then be plenty of time for the public to weigh in on this issue. Mr. Hogan described the broadest recommendation, which would be a new land use and a new category. He stated staff would also like to explore whether there could be an amendment to one of the current categories without a change to the land use. He stated the process would include an advertised hearing for a Planning Commission meeting with a total package to include the Commercial Planned Development Permit, General Plan Amendment, along with the environmental determination and then on to the Council for decision. In response to Mayor Pro Tempore Parvin, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to approve the Ad Hoc Committee's recommendations with the waiver of the General Plan Pre - Screening filing. The motion carried by voice vote 3 -1 with Councilmember Mikos dissenting and Mayor Hunter absent. AT THIS POINT in the meeting, Mayor Hunter returned to the meeting. The time was 12:16 a.m., September 16, 2004. F. Consider an Agreement with Adelphia Communications Corporation dba Centur -TCI California, L.P. for Cable Television Franchise Renewal. Staff Recommendation: Approve Franchise Renewal Agreement with Adelphia Communications Corporation, subject to final language approval by the City Manager and City Attorney. Council consensus, earlier in the meeting, was to continue this item to October 6, 2004. G. Consider an Ordinance Amending Section 2.04.055, Compensation, of Chapter 2.04, City Council, of Title 2 of the Municipal Code. Staff Recommendation: Waive full reading and introduce Ordinance No. 307 for first reading. Ms. Traffenstedt gave the staff report. 000137 Minutes of the City Council Moorpark, California Page 23 September 15, 2004 In response to Councilmember Mikos, Mr. Montes stated there will be time to go back and address the retroactive period of time to implement the 5% per year increase; and at this time, the ordinance is only addressing benefits not salary. Councilmember Harper stated in the last paragraph on stamped page 249 of the agenda report, the reference to compensation should be deleted. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mr. Montes read the title of Ordinance No. 307. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive full reading and introduce Ordinance No. 307 for first reading, as amended to delete the reference to compensation in the first sentence of Section 2.04.055. The motion carried by voice vote 3 -1 with Mayor Hunter dissenting and Councilmember Mikos abstaining. H. Consider Approval of Final Improvement Plans for Walnut Canyon Road in Conjunction with the Approval of Tract No. 5187 (William Lyon Homes). Staff Recommendation: 1) Approve the final improvement plans for Walnut Canyon Road pertaining to Tract 5187; and 2) Direct staff to process a Permit Adjustment to allow for the use of a multi -use trail in lieu of sidewalk north of "A" Street. Mr. Hogan gave a brief staff report. In response to Councilmember Mikos, Mr. Hogan confirmed if the multi -use trail is approved there would be an unbroken trail from Grimes Canyon Road to the limits of the William Lyons Tract. In response to Councilmember Mikos, Mr. Hogan stated there will be low level bollard type lighting along the pathway with the light directed downward. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. 000138 Minutes of the City Council Moorpark, California Page 24 September 15, 2004 Mr. Kueny stated Item 2 of staff's recommendation should be clarified to indicate the sidewalk to be on Walnut Canyon Road. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to: 1) Approve the final improvement plans for Walnut Canyon Road pertaining to Tract 5187; and 2) Direct staff to process a Permit Adjustment to allow for the use of a multi -use trail in lieu of sidewalk on Walnut Canyon Road north of "A" Street, as amended to identify the sidewalk to be on Walnut Canyon Road north of "A" Street. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to approve the Consent Calendar with the exception of Items 10.C. and 10.D., which were pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of June 16, 2004. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2004 -2005 - September 15, 2004. Manual Warrants Voided Warrant Payroll Liability Warrants 117185 - 117190 & 117289 - 117293 $ 49,082.43 $ 0.00 $ 1,839.73 Regular Warrants 117191 - 117275 & $ 36,246.07 117276 - 117288 $ 659,124.56 Staff Recommendation: Approve the warrant register. E. Consider Approval of Professional Services Agreement between the City of Moorpark and Professional Design Incorporated for Landscape Plan Review and Inspection Services. Staff Recommendation: 1) Approve the Agreement, subject to final language approval by the City Manager and City Attorney, and authorize the City 000139 Minutes of the City Council Moorpark, California Paqe 25 September 15, 2004 Manager to sign the Agreement; and 2) Authorize staff to develop a list of alternate landscape architects for plan check and inspection on a per job basis to be approved by Purchase Order for a not to exceed total amount at an hourly rate up to $80.00 per hour. F. Consider Resolution Amending the Fiscal Year 2004/2005 Solid Waste AB 939 Budget. Staff Recommendation: Adopt Resolution No. 2004 -2245. ROLL CALL VOTE REQUIRED G. Consider Resolution Authorizing the City's Fiscal Year 2004/2005 Transportation Development Act Claim. Staff Recommendation: Adopt Resolution No. 2004 -2246, authorizing the City Manager to sign the FY 2004/05 TDA Claim on behalf of the City for submittal to Ventura County Transportation Commission. H. Consider Resolution Amending the Conflict of Interest Code of the City of Moorpark and Rescinding Resolution No. 2002 -2020. Staff Recommendation: Adopt Resolution No. 2004 -2247. I. Consider Discussion of the Requirement for the Vacation of that Portion of Lassen Avenue East of Park Lane. Staff Recommendation: Receive and file report. J. Consider Grant Deed of Easement to the City of Moorpark in Relation to Park Lane Improvements. Staff Recommendation: Approve the acceptance of the easement and authorize the City Clerk to prepare, sign and record an acceptance certificate for the Grant Deed of Easement and to record the Grant Deed of Easement and the attachments thereto in the office of the Ventura County Recorder. The following items were pulled for individual consideration. C. Consider City of Moorpark General Plan Annual Report Including the Housing Element Progress Report - September 2003 to August 2004. Staff Recommendation: 1) Receive and file the report; and 2) Direct staff to forward a copy of this report to: Governor's Office of Planning and Research, State Department of Housing and Community Development, and County of Ventura Planning Division. 000140 Minutes of the City Council Moorpark, California Page 26 September 15, 2004 Councilmember Mikos stated stamped page 291 of the agenda report should be amended to specify Council's previous authorization to file a General Plan Amendment for Comstock Homes to limit development to High Density. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to: 1) Receive and file the report, as amended to specify Council's previous authorization to file a General Plan Amendment for Comstock Homes to limit development to High Density; and 2) Direct staff to forward a copy of the amended report to: Governor's Office of Planning and Research, State Department of Housing and Community Development, and County of Ventura Planning Division. The motion carried by unanimous voice vote. D. Consider Resolution Establishing Landscape Desi r Guidelines and Standards. Staff Recommendation: Adopt Resolution No. 2004 -2244. Councilmember Mikos stat paragraph of Attachment IV agenda report should be "Invasive" in the title, first sentence, and change not" in the first sentence. ed the title and first on stamped page 351 of the amended to keep the word keep "undesirable" in the ANare generally not" to "are MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2004 -2244, as amended to correct the title of Attachment IV to read "Invasive Prohibited Plant List" and to amend the first paragraph to read "the following undesirable plant species are not be used in landscape plans within the City." The motion carried by unanimous voice vote. 11. ORDINANCES: A. Consider Ordinance No. 304, An Ordinance of the City of Moorpark, California, Amending 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. Staff Recommendation: Declare Ordinance No. 304 read for the second time and adopted as read. 111 INJ Minutes of the City Council Moorpark, California Page 27 September 15, 2004 Mr. Montes read the title of Ordinance No. 304. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive further reading, declare Ordinance No. 304 read for the second time, and adopted as read. The motion carried by unanimous voice vote. 12. CLOSED SESSION: None was held. 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 12:29 a.m., September 16, 2004. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 000142