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HomeMy WebLinkAboutMIN 2003 0402 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California April 2, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on April 2, 2003, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7:03 p.m. 2. PLEDGE OF ALLEGIANCE: Steven Kueny, City Manager, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Ken Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Cynthia Borchard, Administrative Services Director; Walter Brown, City Engineer; Captain Richard Diaz, Sheriff's Department; Paul Porter, Principal Planner; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. Mayor Hunter introduced Dwayne Christensen and Norman Rehaut, Ventura County Grand Jury members present in the audience. 4. PROCLAMATIONS AND COMMENDATIONS: None. 5. PUBLIC COMMENT: None. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:04 p.m. The City Council meeting reconvened at 7:10 p.m. Minutes of the City Council Moorpark, California Page 2 April 2, 2003 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.8, Items to be withdrawn from the Consent Calendar shall be identified at this time.) Councilmember Mikos requested that Items 10.C. and 10.G be pulled from the Consent Calendar for individual discussion. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Millhouse requested adjournment in honor of the U.S. military men and women currently serving in Iraq. Councilmember Millhouse reported on transportation issues in the area and encouraged citizens to contact the Council with their concerns. As a result of citizen input, he cited changes made to the right -turn lane at Moorpark and Tierra Rejada Roads and for Caltrans' plans to revisit the time restrictions for eastbound traffic traveling in the shoulder lane of the State Route 118 freeway. Councilmember Millhouse, as Chair of the Ventura County Transportation Commission, reported on the status of funding for local transportation projects including the State Transportation Improvement Program's (STIP) list, which has placed an additional lane for Highway 23 as a top priority. He stated that this project will go out for bid in July with construction to possibly begin in December. 8. PUBLIC HEARING: A. Consider Commercial Planned Development Permit No. 2000 -04 for Construction of a 72,285 Square Foot Commercial Center and Tentative Parcel Map No. 5264 for Subdivision of 6.28 Acres into Four Lots Located at the Southwest Corner of Campus Park Drive and Collins Drive on the Application of M &M Development (Assessor Parcel No(s). 514 -0- 160 -045). (Continued from March 5, 2003, public hearing open). Staff Recommendation: 1) Accept public testimony and close the public hearing; 2) Adopt the proposed Negative Declaration as sufficient environmental documentation; and 3) Direct staff as to what alternative, if any, with respect to the gas station layout and the Collins Drive access and then Adopt Resolution No. 2003 -2071 Minutes of the City Council Moorpark, California Page 3 April 2, 2003 approving Commercial Planned Development Permit No. 2000 -04 and Tentative Parcel Map No. 5264, directing staff to amend the conditions consistent with Council direction. Mr. Hogan gave the staff report. In response to Councilmember Harper, Mr. Hogan stated that staff knows of no technology that can mitigate odors generated from the fast food restaurant. In response to Councilmember Mikos' request for a comparison to other sites, Mr. Hogan presented slides showing various commercial sites in neighboring communities, which have corner locations, gasoline stations, fast food restaurants, freeway access, and adjacent residential land use. Councilmember Mikos disputed that any of the sites shown were comparable to the Campus Park site with its adjacent public park, college, and residential area. She went on to question whether the Air Quality Impact of the Initial Study Negative Declaration should be revised to identify a potentially significant impact due to fumes from the gas station and asked if there is any merit to the public's concern. In response to Councilmember Mikos, Mr. Hogan stated that air quality is a regional issue; cities use a mitigation fee in order to improve air quality standards; the fees are used to fund electric charging stations, bus turnouts, van pools, and park and ride lots to try to minimize the air quality impacts; and van pooling is a possibility for the offices at this site. In response to Councilmember Mikos' request for a summary of the geotechnical measures that will be used to protect the site in regard to the information contained in the Initial Study Section on Geology and Soils, which states that the site for this project is located on a liquefaction hazard zone, Mr. Brown stated that there will be excavation of the site to a depth of approximately 6 -10 feet; replacement of the soils will create a pad resistant to liquefaction; and the gasoline tank pads would then be excavated and recompacted. Minutes of the City Council Moorpark, California Page 4 April 2, 2003 Councilmember Harper challenged that the environmental document does not correctly identify adverse impacts in the areas of Air Quality and Ambient Noise and should be re- evaluated. Councilmember Mikos provided a newspaper article from the Ventura County Star citing the Environmental Protection Agency's desire for stricter regulations for certain pollutants due to increased cancer risks, especially to children, caused by exposure to certain chemicals present in auto exhaust. She stated that this is further information to indicate that the Initial Study, in regard to Air Quality, has been misevaluated. Mayor Hunter stated that this is a continued public hearing. David Morehead, M & M Development, 66 Alviso Drive, Camarillo, provided a brief history of the changes made to the project and stated that the only remaining issues pertain to traffic and the gas station. He gave a PowerPoint presentation showing intersections in Camarillo, Westlake Village, and in Moorpark at the corner of Spring Road and Los Angeles Avenue, which are similar to this proposal. Mr. Morehead presented his arguments for retaining the ingress /egress on Collins Drive. He introduced Brian Doherty from TnT Resources, Inc., to present information on the gas station site. Ms. Traffenstedt asked for clarification on waiving rules for time exceeded on Mr. Morehead's presentation. CONSENSUS: It was the consensus of the Council to waive rules and allow the applicant to finish the presentation. Brian Doherty, TnT Resources, Inc., 302 Wood Ranch Parkway, Simi Valley, reported on 1,200 signatures collected from residents in support of the project; over 250 Written Speaker cards presented at this meeting in support of the project; and other signatures in opposition to the gas station, which were collected by misrepresentation of the project. He went on to state that the environmental concerns Minutes of the City Council Moorpark, California Page 5 April 2, 2003 raised by Councilmembers Mikos and Harper are unfounded, as Federal and State regulations protect the ground water from contamination; the site is situated to avoid truck use, thus diesel fumes would not be a problem; and the gas pumps are designed with fume -vapor recovery systems. Mr. Doherty cited the positive aspects of the project to be 100 -plus jobs for the community; increased tax revenue for the City; and the fact that the majority of the residents are in support of the project. Mr. Doherty introduced design consultant, Ken Barton and leasing agent, David Rush, as available for questions. Ted Green, Sr., a Moorpark resident, spoke in opposition to the gas station and fast food restaurant. Sabrina Simpson, a Moorpark resident, spoke in support of the project, especially with the 24 -hour gas station. Ken Fowler, a Moorpark resident, stated that the project is highly needed in this area for the mobilehome residents; and he would prefer spending his money in Moorpark rather than in Simi Valley. Dorothy Ventimiglia, a Moorpark resident, spoke in opposition to the 24 -hour gas station in a residential neighborhood due to health concern issues and air quality issues created by chemicals and harmful cancer causing vapors. Dr. Hogal Winkler, a Moorpark resident, spoke in opposition to the gas station; described misleading statements made in the original effort to collect her signature on a petition in support of the project; described her efforts to collect signatures on a subsequent petition solely in regard to the gas station; and cited the potential increase in noise, traffic, and air pollution caused by toxic fumes. Paul Smula, a Moorpark resident, asked Council to consider the relevant facts and make a decision. Minutes of the City Council Moorpark, California Paae 6 April 2, 2003 Kathie Smula, a Moorpark resident, spoke in support of the gas station, and stated the location of the driveway access at the on -ramp to the 23 Freeway is much safer than locating it near the off -ramp. Dick Wardlow, a Moorpark business owner, stated that the city of Moorpark already has the cars, fumes, and traffic generated by those who work or go to college here, but do not reside in Moorpark; why not have the sales tax too. Jeanne Duncan, a Moorpark resident, spoke in support of the project, including the gas station; and stated that her monies could now be spent in Moorpark at these more conveniently located stores and gas station. Kevin Wood, a Moorpark resident, spoke in support of the development, including the gas station, for its convenience and for keeping tax dollars in Moorpark. Jerry Grote, a Moorpark resident, expressed concern regarding a potential violation of the Brown Act on the part of two Councilmembers. He went on to state his support of the project, including the gas station. Helga Tschaeche, a Moorpark resident, spoke in support of the convenience store at the gas station. Hazel Kivett, a Moorpark resident, spoke in support of the project. Rosalie Gehres, a Moorpark resident, spoke in support of the project with its pleasing architecture, convenience to the mobilehome residents, and potential for tax dollars to the City. Flo Carvalho, a Moorpark resident, spoke in support of the project, including the gas station. Howard Pompel, a Moorpark resident, concurred with the previous speakers in support of the project and added that with its convenience to Moorpark College students there will be more sales tax dollars for the City. Minutes of the City Council Moorpark, California Paqe 7 April 2, 2003 Bill Smailes, a Moorpark resident, spoke in support of the project as a big help to the mobilehome residents for the purchase of gasoline and emergency groceries. Marla Kengen, a Moorpark of the positive comments including the gas station. resident, concurred with all in support of the project, Cynthia Hunt, a Moorpark resident, spoke in support of the development; however, she expressed concerns about the proposed 24 -hour service at the gas station in regard to ambient noise and unnecessary, possibly undesirable traffic in the neighborhood in late night or early morning hours. Steve Mazzuca, a Moorpark resident, stated that the parcel is zoned for commercial development, this project is beautiful, the applicant took the time to poll the neighborhood, and he can support it with refinements to the operating hours. Jean Hilton, a Moorpark resident, spoke in support of the project as a great convenience for those residents of the mobilehome park who can no longer drive. Martha Detlefsen, a Moorpark resident, spoke in support of the project. John Bartolotto, a Moorpark resident, spoke in support of the project, especially the gas station with enough employees on hand to assist handicapped individuals by pumping their gas. Darlene Sweet, a Moorpark resident, spoke in support of the project and requested a "No Right Turn on Red" from Campus Park Drive onto Collins Drive. Tim Rosevear, a Moorpark resident, spoke in support of the retail development with limited hours and without the 24 -hour gas station; expressed concern about strangers, transients, and criminals visiting the site, possibly to buy liquor and cigarettes; requested that there be no freeway signage to advertise the 24- hour gas station if it is approved; requested traffic signals where intersections are impacted; questioned the air quality mitigation fee; and objected to the odors generated by the fast food restaurant. Minutes of the City Council Moorpark, California Paqe 8 ril 2, 2003 Susan Nardi, a Moorpark resident, spoke in opposition to the 24 -hour gas station with liquor sales; expressed concerns regarding increased traffic in close proximity to the park and school; described the petition she circulated for those who do not want the gas station; and expressed her disappoint in those residents from outside the neighborhood who came to speak in support of the project. Steve Nardi, a Moorpark resident, spoke in support of a mix of retail and office space use for the project; expressed concern that constraints should be considered to improve traffic safety in regard to ingress /egress for the project; and requested consideration for limiting the hours of operation. He stated that if the gas station is approved, some compromises for lighting, noise, fumes, and traffic should be considered in order to preserve the residential quality of the neighborhood. Richard Schamber, a Moorpark resident, spoke in support of the project. Dan Shea, a Moorpark resident, stated his opposition to the driveway on Collins Drive; provided a slide presentation showing the need to relocate the traffic signal control box to prevent blocking the view of drivers approaching the project from the college; requested a right -turn lane into the gas station; suggested painting the wall at the corner in a neutral shade to silhouette cars to make them more visible; and recommended moving the public art piece to the interior of the project to provide less distraction to drivers. Mariana Velasquez, a Moorpark resident, spoke in support of the beautifully designed project as a necessity in this area for convenience, creation of jobs, and more tax dollars for the City. Scott McGrath, a Moorpark resident, spoke in support of the project; however, he expressed concerns regarding the multiple decision points at the intersection and suggested that left- and right -turn arrows be included to stop traffic when pedestrians are in the crosswalk at Campus Park and Collins Minutes of the City Council Moorpark, California Paqe 9 ril 2, 2003 Drives; and emphasized the need for the driveway on Collins Drive. Ted Martens, a Moorpark resident, spoke in support of the project; identified the severe shortage of office space in Moorpark; and stated that this project would improve air quality since residents would not have to drive as far for gas and groceries. Joe Cavasino, a Moorpark resident spoke in support of the project; stated that commercial zoning was existing when the residents purchased their homes adjacent to the site; the noise from the center will not exceed that created by the passing trains; and Moorpark needs to grow and expand services. Roberta Sandor, a Moorpark resident, spoke in support of the project as vital to sustain this neighborhood by making gasoline, food, and other supplies accessible during an emergency that prohibits access to the main portion of the City. Pat Carden, a Moorpark resident, spoke in support of the project; however, he requested a different species of tree other than Pine, due to hazards from tree sap. Dr. Paul Gilmartin, a Moorpark resident, concurred with many of the positive comments in support of the project and stated that the developer is local and has the same concerns as the residents. AT THIS POINT in the meeting, Mayor Hunter declared a recess. The time was 9:27 p.m. The meeting reconvened at 9:52 p.m. Debbie Carden, a Moorpark resident, spoke in support of the project. Lynn Youngren, a Moorpark resident, spoke in support of the center, including the 24 -hour gas station. Jim Stueck, a member of the Moorpark Chamber of Commerce, 484 E. Los Angeles Avenue, spoke in support of the project with its needed services and tax benefits. He stated that the driveway on Collins Drive is necessary to make the center viable. Minutes of the City Council Moorpark, California Page 10 April 2, 2003 Linda Toth, a Moorpark resident and business owner in the Campus Park area, spoke in support of the project. Rifaat Hijaz, a Moorpark resident, spoke in support of the project. Ramee Hijaz, a Moorpark resident, spoke in support of the project. Cheri Risley Bohnert, a Moorpark resident, spoke in support of the project and concurred with suggestions to relocate the traffic signal box, move the art work to the interior, and keep the gas station as an anchor for the complex. C. Lina Santelli, a Moorpark resident, spoke in support of the project and stated that she had contacted the police department regarding accident statistics at the intersection of Campus Park and Collins Drives and learned that it is one of the safest intersections in Moorpark. Robert Brunner, a project is not attractive, safe, built. Moorpark resident, a truck stop; and a tax benefit, stated that this the project is and it should be In response to Mayor Hunter, Ms. Traffenstedt stated that there were 273 Written Statement cards submitted in support of the project as proposed; 13 Written Statement cards in opposition, and 7 Written Statement cards marked as neutral. She stated that various petitions have been received since the Council meeting on March 5, 2003, with 185 signatures in support of the project, 250 signatures, on two petitions, in support of the project without the gas station, and 16 signatures asking to have their names removed from the petition to eliminate the gas station. Mr. Morehead stated that between March 12 to March 30th, over 360 signatures in support of the project were collected; the noise from the freeway will drown out any ambient noise from the project; those who are against the gas station are actually against any project for this site; and the location of the gas station near a freeway mitigates its proximity to a residential area. Minutes of the City Council Moorpark, California Paqe 11 ril 2, 2003 In response to Councilmember Parvin, Mr. Morehead stated that they will have to return with a new application for a use to replace the hotel previously proposed for this site. Mr. Hogan stated that the project will be built in one phase; stamped Page 23 of the agenda report Item d. should be corrected to show a base of $19,080 /acre for the calculation of the traffic mitigation fee; and on that same page, the date of commencement should reflect the year 2004, instead of 2003. He requested clarification on Council comments concerning changing the impacts on the Air Quality to Potentially Significant, which would require the preparation of an Environmental Impact Report (EIR). Mayor Hunter closed the public hearing. A discussion followed among the Councilmembers regarding the appropriateness of retaining the gasoline service station. Councilmember Harper stated that the project is well designed and the architecture is the best of any commercial development in Moorpark; he will not vote to approve the project if it includes the gas station; however, if the gas station is approved, it should be configured to be less obvious and the hours limited; and he is most concerned about those residents who live the closest to the project. Councilmember Mikos stated that if this project is approved, the Council will have to make findings that the proposal is not detrimental to health and is compatible with the surroundings; the finding cannot be made that a gas station is compatible with the adjacent residential area and a park; and except for the gas station, this is a gorgeous commercial center, which is needed in the area. Councilmember Millhouse stated that his comments address the project as a whole; he disagrees with Councilmembers Harper and Mikos; the applicant has gone through the appropriate process for property zoned for commercial use and it is disingenuous to eliminate the gas station; staff has performed their Minutes of the City Council Moorpark, California Paqe 12 April 2, 2003 job to improve the project by having undesirable elements, like the hotel, removed; the project has been addressed by experts to assure there will be no contamination of the soil or ground water; the project is well thought out; the entrance on Collins Drive is necessary; he is in support of moving the traffic signal box; the Planning Commission had a wise solution to the hours of operation by revisiting them in one year; and he is voting in favor because the residents have overwhelmingly indicated that they want the project. Councilmember Parvin stated that she is on the opposite side of Councilmember Mikos in regard to the findings, as this project is consistent with the provision of the General Plan and character of the surrounding neighborhood; odors were not emphasized by the public as being detrimental; the overwhelming majority want the project; a 24 -hour operation seems to be appropriate, so it is worth trying for a year; she lives near the project and is familiar with the traffic flow; the architecture is attractive; there should be no difficulty in finding tenants; the City can anticipate $170,000 in project revenue, which will strengthen fiscal stability; there has been an unprecedented effort on the part of the applicant to acquire input from the residents; and this project will make a beautiful gateway to this part of the community. Mayor Hunter stated that he is impressed with Mr. Ghericke's architectural skill in designing this beautiful center; he supports the project, which is long over due for the residents in the area who need these services; the proposal is economically viable to the developer; it is pleasing to the residents who seem to be proud of its design; it is adjacent to a freeway onramp; and it appears that there is enough Council support to approve the gas station, which has been the biggest question. A discussion followed among the Councilmembers regarding the access on Collins Drive for ingress /egress. Mayor Hunter stated that he supports the egress/ ingress at the driveway on Collins Drive, which can be Minutes of the City Council Moorpark, California Page 13 April 2, 2003 tolerated at that intersection and is a necessity to make the project work; the City can help make the situation safer by using some of the speakers' strategies; and he cautioned staff to ensure the driveway is strategically placed. Councilmember Millhouse stated that: he supports the driveway on Collins Drive; it makes sense to move the public art piece, relocate the traffic signal box, and to make sure the shrubbery at the corner does not obscure vision; and the suggestion for a left -turn only arrow from Campus Park Drive to Collins Drive should be studied. Councilmember Mikos stated that she concurs with Councilmember Millhouse regarding the art work, the left -turn arrow from Campus Park Drive to Collins Drive, the height of the shrubbery, and relocating the traffic signal box. She went on to state she supports ingress -only into the center on Collins Drive and concurs that the driveway is necessary for the success of the center, but without egress. A discussion followed between the Council and staff, which focused on eliminating egress out of the center onto Collins Drive; consideration for installing a red turn arrow for westbound traffic and whether there would be enough room for stacking at peak traffic hours; the condition that addresses changes to the traffic signals and a potential dual left turn lane study; the cost of moving the traffic signal box; a possible compromise to build the driveway for both ingress /egress capabilities with the understanding that if staff determines it causes conflicts in turning movements either one or both ingress /egress would be eliminated; and a suggestion that the driveway be constructed to accommodate both ingress /egress and that other traffic control measures be at the discretion of the City Engineer. Councilmember Parvin stated that there is a similar ingress /egress configuration at an intersection in Westlake Village, which has proved to be successful; and she believes intelligent people will adapt to the changes at this corner. Minutes of the City Council Moorpark, California Paae 14 ril 2, 2003 Mr. Kueny suggested that if the Council's decision is to allow the compromise proposal to construct the ingress /egress driveway on Collins Drive, a condition should be added, that based upon a traffic study and an accident history over a three -year period, the Council would revisit this configuration to determine if they need to alter the decision. He went on to state that this option would require a provision of surety by the developer for that limited period. Councilmember Mikos agreed that is a good idea to include the option since the safety issue is of major concern. Councilmember Harper cautioned that the accident history does not reflect the true picture since many fender - bender accidents go unreported. Councilmember Millhouse concurred with the option as long as the decision returns to the Council. A discussion followed among the Councilmembers regarding the curb cuts on Campus Park Drive. Councilmember Harper stated that if the building were reversed, one curb cut could be eliminated, otherwise there would have to be two cuts. Councilmember Millhouse stated he defers to the decision made by the Planning Commission for the placement of the gas station and the curb cuts. Councilmember Parvin stated she prefers the original plan and would not reverse the gas station. Councilmember Mikos stated that she is opposed to the gas station; however, if it remains, she would be in favor of turning it, which would require changing the building elevations; and if the station stays where it is, she would agree that the driveways make sense. Mr. Hogan stated that staff has conditioned the project for an on -site left turn lane at the center driveway to avoid stacking. CONSENSUS: It was the consensus of the Council to agree with the Planning Commission's recommendation for the Minutes of the City Council Moorpark, California Paqe 15 April 2, 2003 driveway locations; the question of liquor sales is not part of this application; there is wisdom in the moving the signal box to a location to be determined by staff and to be paid for by the developer; the art in public places will be moved to an interior position; and that a Sign Program for the project will be brought back to the Council for approval. A discussion followed among the Councilmembers regarding the hours of operation. Councilmember Mikos stated that in considering all of the email, letters, phone calls, and testimony received, she is certain the residents do not want a 24 -hour operation, which she also feels is inappropriate for the area and should not be implemented, even on a trial basis. Councilmember Harper echoed Councilmember Mikos and stated that a petition signed by 234 residents is in opposition to having the gas station at all, let alone having it operate for 24- hours; and it is questionable that there would be much demand for those hours. Councilmember Parvin stated that she could vote either way on the 24- hours; she is confident that the Moorpark Police Department is competent in regard to taking care of any possibility of crime due to extended hours; and will base her decision on the fact that the Planning Commission was willing to give 24- hours a try. Councilmember Millhouse stated that only two of the speakers in support of the project brought up the 24- hour issue; residents in favor of the gas station, as proposed, did not mention the 24- hours; he concurs with Councilmember Parvin that the Planning Commission is willing to give it a try for a period of time; and if the Council decides to limit the hours, he would be in favor of 5:00 a.m. to 11:00 p.m. In response to Councilmember Mikos, Captain Diaz named several 24 -hour gas stations in the city. Councilmember Mikos stated that the 24 -hour gas stations are located along the main commercial corridor of the City where you would expect extended Minutes of the City Council Moorpark, California Paae 16 April 2, 2003 hours, but it would not be expected to find one in a neighborhood across from a park. She stated she would rather wait to see if the business is adversely affected before granting the 24- hours. Mayor Hunter stated that it is important not to overlook the needs of the residents in this area; it would seem reasonable to place some restrictions on the hours of operation, which would also ensure that there is no need for any freeway signage; it would seem 5:00 a.m. to midnight would be reasonable; and then after 12 months, the applicant could petition the City Council for a 24 -hour operation. Councilmember Harper stated he cannot imagine living in close proximity to the noise created by the stop and start of vehicles frequenting a 24 -hour gas station for the convenience of freeway travelers. He stated that he believes the residents would become accustomed to limited hours and visit the station when it is open. Mayor Hunter stated that the Council should not overlook the residents in the community who will be served by this center. He therefore proposed, that for the benefit of these adjacent residents, there should be some reasonable limit to the hours of operation. He further stated that this same reasoning should be used in the future, when determining the signage for this center, meaning there should be no need for freeway- oriented signage. A brief discussion followed among the Councilmembers and staff regarding different hours of operation for consideration. It was the majority opinion of the Council that operating hours for the entire center be 5:00 a.m. to midnight with the acknowledgement that the applicant has the right to petition the Council to reconsider a 24 -hour operation after a 12 -month period. Discussion followed between the Councilmembers and staff regarding whether the Council desired to make adjustments to the Initial Study in regard to the impacts of odors and noise. Minutes of the City Council Moorpark, California Page 17 April 2, 2003 Mr. Hogan stated that a mitigating measure could not be applied in the category of Air Quality due to the fact that a finding could not be made regarding exposure to sensitive receptors. He went on to present the changes to conditions of approval and the mitigation monitoring measure required in order to accomplish moving from the category in the Initial Study of Less Than Significant Impact to Less Than Significant Impact with Mitigation for the issues of odor and noise. Councilmembers Harper and Mikos were in favor of making the changes to the Initial Study to protect the neighborhood by utilizing all available methods to minimize the impacts of odor and noise. Councilmembers Millhouse, Parvin and Mayor Hunter concurred that it was not necessary to change the category on the Initial Study from Less Than Significant Impact to Less Than Significant Impact with Mitigation, as the conditions of approval and other recourse, such as Code Enforcement, are available if violations or abuse occur. In response to Mayor Hunter, Mr. Morehead confirmed he has reviewed and is in agreement with the proposed and revised conditions. MOTION: Councilmember Parvin moved and Councilmember Millhouse seconded a motion to: 1) Adopt the proposed Negative Declaration as sufficient environmental documentation; and 2) Adopt Resolution No. 2003 -2071, approving Commercial Planned Development Permit No. 2000 -04 and Tentative Parcel Map No. 5264, as amended, to: add a condition that based upon a traffic study and an accident history over a three year period, the Council will revisit the driveway configuration on Collins Drive to determine if they need to reconsider the decision; relocate the public art piece to the interior of the site subject to approval by the Council; relocate existing or proposed traffic signal poles and controller boxes at the southwest corner of the Campus Park Drive /Collins Drive intersection, which create any sight distance concerns, to a location to be determined by staff and to be paid for by the developer; provide a raised median on Collins Drive to preclude left - turns into the site; and limit the hours of operation for the entire center to be open from 5:00 a.m. to midnight. Minutes of the City Council Moorpark, California Page 18 April 2, 2003 The motion carried by roll call vote, 3 -2, with Councilmembers Harper and Mikos dissenting. AT THIS POINT in the meeting, Mayor Hunter declared a recess at 11:47 p.m. The meeting reconvened at 11:57 p.m. and the Mayor announced that the time for reordering the agenda has arrived. It was the consensus of the Council to continue with no changes to the agenda. B. Consider Industrial Planned Development Permit No. 2000 -10, a Request to Construct an Approximately 113,994 Square Foot Mini - Warehouse /Office Building on a 112,184 Square Foot Parcel Located at 875 Los Angeles Avenue, at the Northwest Corner Of Los Angeles Avenue and Goldman Avenue, on the Application of Asadurian Investments (Assessor Parcel No. 511- 0 -070- 55). (Continued from March 19, 2003, public hearing open). Staff Recommendation: 1) Accept public testimony and close the public hearing; 2) Adopt the proposed Negative Declaration as sufficient environmental documentation; and 3) Adopt Resolution No. 2003 -2072 approving Industrial Planned Development Permit No. 2000 -10. Mr. Montes announced that Item 8.B, on the agenda would be discussed in closed session as facts and circumstances creating significant exposure to litigation, which facts and circumstances are known to potential plaintiffs, consisting of entitlements and issues pertaining to a dispute over the interpretation of the City's General Plan with regard to application to this item. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to go into closed session to discuss Item 8.B. The time was 11:59 p.m. Present in closed session were Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The meeting reconvened into open session at 12:03 a.m. April 3, 2003. Minutes of the City Council Moorpark. California Paae 19 April 2, 2003 Mr. Montes reported that the Council has approved a Settlement Agreement with Asadurian Investments Corporation with regard to Item 8.B.; the approval is contingent upon the Council's subsequent approval of this project; the agreement executed by Asadurian resolves certain issues concerning processing and interpretation of General Plan issues; and requires payments by Asadurian to the City, pursuant to a schedule set forth in the agreement. Mayor Hunter repeated the project title of Item 8.B. for the record. Mr. Hogan gave the staff report. Mayor Hunter announced that the public hearing remains open. Monte L. Widders, Myers, Widders, Gibson, Jones & Sneider, LLP, 5425 Everglades Street, Ventura, representing the applicant, stated that the applicant concurs with the staff recommendation. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to: 1) Adopt the proposed Negative Declaration as sufficient environmental documentation; and 2) Adopt Resolution No. 2003 -2072 approving Industrial Planned Development Permit No. 2000- 10. The motion carried by roll call vote, 4 -1, with Councilmember Parvin dissenting. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Approval of the Selection of a Consultant to Provide Design and Environmental Review Services Required for the Construction of the Moorpark Avenue Widening Project (Project 8040), and the Adoption of a Resolution Revising the Amount of the Funding for Project 8040. Staff Recommendation: 1) Approve selection of Tetra Tech to provide design and environmental clearance services for the subject project; 2) Authorize the City Manager to negotiate and execute a contract for said services; and 3) Adopt Minutes of the City Council Moorpark, California Paqe 20 April 2, 2003 Resolution No. 2003 -073 amending the Fiscal Year 2002/2003 Budget to revise the amount of the funding for Project 8040. ROLL CALL VOTE REQUIRED Mr. Gilbert gave the staff report. Colin Velazquez, a Moorpark resident, stated that it is premature to spend $355,000 before a CEQA study is performed. In response to Mayor Hunter, Mr. Kueny stated that this is the beginning of the conceptual work and an appropriate environmental review will be conducted as necessary pursuant to the law. In response to Mr. Velazquez' restated concern that the money is being spent before CEQA, Mayor Hunter stated that it will not be known what to study environmentally until the project is identified. In response the Councilmember Harper, Mr. Kueny stated that they do not need a loo contingency at this time, since it is multi - phased design study and staff would return to Council if additional funds are needed. In response to Councilmember Millhouse, Mr. Velasquez stated that he did have a concern with Councilmember Millhouse participating on this item. Councilmember Millhouse stated that due to the potential for a perceived conflict of interest, he would step down from the dais, as a precaution, to reassure Mr. Velazquez that he has no impact on this item, as in the past Mr. Velazquez has raised concerns relating to an issue where Councilmember Millhouse had defended a tenant in a lawsuit, which resulted in a settlement with Mr. Velazquez. AT THIS POINT in the meeting, Councilmember Millhouse left the dais. The time was 12:11 a.m. April 3, 2003. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to: 1) Approve selection of Tetra Tech to provide design and environmental clearance services for the subject project; 2) Authorize the City Manager to negotiate and execute a contract for said services; and 3) Adopt Resolution No. 2003 -2073 amending the Fiscal Year Minutes of the City Council Moorpark, California Paae 21 ril 2, 2003 2002/2003 Budget to revise the amount of the funding for Project 8040. The motion carried by roll call vote, 4 -0, with Councilmember Millhouse absent. AT THIS POINT in the meeting, Councilmember Millhouse returned to the dais. The time was 12:12 a.m. April 3, 2003. 10. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to approve the Consent Calendar with the exception of Items 10.C. and 10.G., which were pulled for individual consideration. The motion carried by unanimous roll call vote. W Kv Consider Approval of Minutes of Regular Meeting of February 6, 2002. Consider Approval of Minutes of Regular Meeting of February 19, 2003. Consider Approval of Minutes of Regular Meeting of March 5, 2003. Staff Recommendation: Approve the minutes. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - April 2, 2003. Manual Warrants 112253 - 112257 & $ 6,426.68 Voided Warrant 112358 $ 0.00 Payroll Liability 112346 - 112352 $ 8,030.11 Warrants Regular Warrants 112258 - 112345 $ 59,352.50 112353 - 112390 $ 639,888.62 Staff Recommendation: Approve the warrant register. D. Consider Resolution Authorizing the Submittal of a Ventura County Area Agency on Aging (VCAAA) Grant Application for Senior Center Support, Health Promotion Services, and Elder Rights Protection Activity Funds and Authorizing City Manager to Sign Minutes of the City Council Moorpark, California Page 22 April 2, 2003 All Related Agreements. Staff Recommendation: Adopt Resolution No. 2003 -2074. E. Consider Resolution Providing Authority for Staff to Enforce Provisions of the Moorpark Municipal Code and Certain Provisions of State Statutes for the Purpose of Implementing City Animal and Vector Control Policies and Programs. Staff Recommendation: Adopt Resolution No. 2003 -2075. F. Consider the Release of Construction Bond for Buildin 600 at 14370 White Sage Road, Special Devices, Incorporated (SDI) (Industrial Planned Development No 1995 -02). Staff Recommendation: Direct staff to release the bond for the completion of Building 600 (Bond #083SB103616810BCM). The following consideration: C. Consider Sup the Ventura Membership. for AB 773 Council's Transportati( items were pulled for individual Dort for Assembly Bill (AB) 773 Concerning County Transportation Commission (VCTC) Staff Recommendation: Express support and direct staff to communicate the position to the Ventura County )n Commission. Councilmember Mikos stated that she had this item pulled so that that the Council could discuss the importance of including in the letter to the VCTC, support for retaining public member participants who contribute unique perspective as voters. Councilmember Millhouse suggested that if the Council wishes to retain the public member participation it would be best to make sure the majority of other cities also support this position. He stated that regardless, the city needs to support AB 773 since it is important to have unanimous support at the state level. Mayor Hunter suggested including a preference to retain at least one public member. Mr. Kueny suggested that to avoid sending a mixed message, the preference for a public member should not be included in the letter and instead, empower Minutes of the City Council Moorpark, California Paqe 23 April 2, 2003 Councilmember Millhouse and Mayor Hunter to represent this position if it is also the majority will of the other cities In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to express support for AB 773 and communicate the Council's position to the Ventura County Transportation Commission with empowerment to Mayor Hunter and Councilmember Millhouse to represent a position to support retaining public member(s) on the Commission if the majority of cities concur. The motion carried by unanimous voice vote. G. Consider Directing Staff to Record Parcel Map No. 5426 Subdividing Property at the Northwest Corner of Spring Road and Flinn Avenue. Staff Recommendation: Direct staff to have Parcel Map 5426 recorded. Councilmember Mikos stated that she had requested this item be pulled so that the public would be made aware that the Flynn Road property has a parcel which provides for a temporary location for the Moorpark Food Pantry run by Catholic Charities. Mr. Riley stated that the arrangements have been made for the temporary building, donation of the moving costs, and other monetary donations. Councilmember Millhouse applauded Mr. Riley for his efforts in bringing this about. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to direct staff to have Parcel Map 5426 recorded. The motion carried by unanimous voice vote. 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Kueny requested that the City Council go into closed session for discussion of Items 12.C. and 12.D. Minutes of the City Council Moorpark, California PaQe 24 ril 2, 2003 MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adjourn to closed session for a discussion of Items 12.C. and 12.D. on the agenda. The motion carried by unanimous voice vote. The time was 12:20 a.m., April 3, 2003. C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: (APN 512 -0- 062 -030 & 512 -0- 062 -040) City Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Milton Minor Under Negotiation: Price and terms of payment D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: (APN 512 -0- 093 -008) City Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Benjamin Duarte Under Negotiation: Price and terms of payment Present in closed session were Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter; Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 12:30 a.m., April 3, 2003. Mr. Kueny stated that Items 12.C. and 12.D. were discussed and that there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned the meet ir lat 1,� :30m \, /April 3, 2003, in honor of the U.S. militvey/ser/ing i Ir ATTEST: Deborah S. Traffens dt City Clerk ,- Mayor