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HomeMy WebLinkAboutMIN 2003 0319 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California March 19, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on March 19, 2003, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:48 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Janice Parvin, the 37th Assembly District's "Woman of the Year" for 2003, 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; Dave Bobardt, Planning Manager; Paul Porter, Principal Planner; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. City Manager's Monthly Report. Mr. Kueny introduced Hugh Riley, Assistant City Manager, who gave the monthly report. Mr. Riley provided information on preparations for construction plans and specifications for the Police Services Center; the final demolition and clearing of the site for the future fire station; the County's ongoing search for a fire station site in the Campus Park area; the award of the design contract for the future Public Works /Parks Department Corporation Yard; Minutes of the City Council Moorpark. California Paae 2 March 19, 2003 completion of a Request for Proposal for design services for the new City Hall; the receipt of the Final approved Project Study Report for the State Route 118 Inspection Station Project; resumption of the Adelphia system rebuild; permit approval for the Mountain Meadows HOA to begin work to correct another instance of slope failures along Mountain Meadows Drive; near completion of a major update of the city's Multihazard Functional Plan; and efforts of the Base Realignment and Closure (BRAC) Task Force to use a lobbyist to work to shelter California military bases from BRAC reductions and closures due to State budget cuts. In response to Council questions, Mr. Riley stated that the Police Services Center is larger in size than the original concept, but is the version the Council recently approved; the increased size of the center is to accommodate additional staff in both the Sheriff's and the California Highway Patrol's sections; and that Adelphia Cable Company will pick up where they left off to complete the build -out of their system. Councilmember Millhouse stated that the city of Moorpark has no control over the price charged or the viewing content provided by Adelphia, as that is governed by Federal law. In response to Mayor Hunter, Captain Diaz provided an update on the city's activities for preparedness and readiness in this time of heightened security. He stated that Moorpark Police Services are affiliated with the Ventura County Sheriff's Department Emergency Operations Center (EOC), which has been activated on a limited basis from 6:00 a.m. -10:30 p.m. daily; Moorpark officers have been told to be prepared for emergency duty in the coming months; in 2001, Moorpark officers received special first - response training for handling biological- or chemical - weapons incidents; and even though sites have been identified for heightened security there have been no known threats in Ventura County. Minutes of the City Council Moorpark, California Paae 3 March 19, 2003 5. PUBLIC COMMENT: Linda Plaks, a Moorpark resident, reminded the Council of the upcoming Moorpark Boys & Girls Club Auction to be held March 29th at the Grand Vista Hotel in Simi Valley. Councilmember Parvin acknowledged Ms. Plaks as a previous recipient of the "Woman of the Year" award. Gerald Goldstein, a Moorpark resident and Korean War Veteran spoke about the American Flag; his attendance at the Ventura County Transportation Commission (VCTC) meeting and the irony of having a public meeting where the public does not have bus transportation to get home from the meeting; using email, fax, or phone to get messages to the City Council meetings if the public is unable to find public transportation to attend; health issues and the price of medication; and his concerns about the lights at the Senior Center not being shielded in case of breakage. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7 :09 p.m. The City Council meeting reconvened at 7:12 p.m. 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 Item 10.A. (specifically, Minutes of February 5, 2003) be pulled from the Consent Calendar for an editorial addition. Mr. Riley requested that Item 10.L. be pulled from the Consent Calendar for editing. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter congratulated Coach Larry Jones and the Academic Decathlon Team from Moorpark High School for winning the state championship for the second straight year. He announced that the team will be traveling to Erie, Pennsylvania, to compete in the national championship. Minutes of the City Council Moorpark, California Page 4 March 19, 2003 Mayor Hunter recognized Councilmember Parvin for being named "Woman of the Year" by the 37th Assembly District for her lifetime of achievement and volunteerism to many worthy projects. Councilmember Parvin recognized the efforts of the Moorpark Rotary Club for donating over $41,000 to 26 organizations throughout the city of Moorpark. 8. PUBLIC HEARING: A. 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. (Continued from February 19, 2003, with public hearing open.) Staff Recommendation: Continue this matter, public hearing open, to April 2, 2002. Mr. Hogan gave the staff report. He stated that what remains is for the full Council to consider the settlement agreement that the Ad Hoc Committee, consisting of Councilmembers Millhouse and Parvin, has reached with the applicant and to approve the revised Industrial Planned Development, which will be presented at the April 2, 2003, meeting. Mayor Hunter stated that this is a continued open hearing. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to continue this item with public hearing open, to April 2, 2003. The motion carried by unanimous voice vote. B. Consider Industrial Planned Development (IPD) No. 2000 -01 for a Ten (10) Building, 464,963 Square Foot Corporate Industrial Center, and Tentative Tract Map (TTM) No. 5226 for Subdivision of 33.04 Acres into Nine (9) Lots, Located West of the 23 Freewav and East Minutes of the City Council Moorpark, California Paqe 5 March 19, 2003 of Miller Parkway, Approximately 230 Feet South of New Los Angeles Avenue on the Application of Cypress Land Company. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Determine that this proposed industrial project is consistent with the Amended Carlsberg Specific Plan for which an EIR was certified, as the proposed business park has been determined to be an allowable use within a BP zone, and is consistent with the analysis of the land use and impacts in the Specific Plan EIR; and 3) Adopt Resolution No. 2003- 2059 approving Industrial Planned Development Permit No. 2000 -01 and Tentative Tract Map No. 5226. Mr. Hogan gave the staff report. He stated that the correct Traffic System Management (TSM) fee is $234,998.40, as noted in Condition No. 34.c. of the agenda report, rather than the TSM fee provided in the memorandum, which accompanied the agenda report; an additional condition will be added to stamped page 20 of the agenda report, to require that prior to, or concurrent with the recordation of the Final Map, a Property Owner Association must be formed to maintain the Common Property Area; and an amendment is needed to the second line of Condition 50 to stipulate that the formation of a Landscape Maintenance Assessment District or acceptable alternative would be upon the approval of the Public Works Director. In response to questions from Council, Mr. Brown clarified that the Storm Water Pollution Control Plan water quality detention basin on Lot 1 will look more like a tule pond and will not hold water continuously; and that the responsibility for maintenance of the slopes will rest with individual property owners, since the hillside at the back of the buildings is not a city- dedicated Open Space for public access. Mayor Hunter opened the public hearing. Mark Armbruster, representing Cypress Land Company, 10940 Wilshire Boulevard, Suite 1900, Los Angeles, gave a PowerPoint presentation of the project and stated that the entire design team is available for questions. Minutes of the City Council Moorpark, California Page 6 March 19, 2003 In response to questions from Council, Mr. Armbruster stated that Cypress Land Company retains ownership of all buildings they build; they will wait for project approval prior to identifying tenants for this project; higher than normal parapet walls, which blend in with the architectural style of the buildings, have been designed to screen roof -top equipment for some of the buildings; additional trees will be planted to add to existing trees to act as a partial buffer on the southwest side of the project where six or seven homes may be able to look down on the roof tops; the parking ratio is lower in Calabasas where the Alcatel building is located and which at times, requires valet parking for its clientele; Cypress Land Company did anticipate growth when planning for adequate parking at this site; there will be Reciprocal Parking Agreements between all the buildings in the complex; benches will be located in the grassy, park -like area along the edges of the circular turnaround; and the trail will follow the ridge line to Miller Parkway. Thomas Stoddard, Director of Operations for Cypress Land Company, 10940 Wilshire Boulevard, Suite 1900, Los Angeles, stated that a great deal of effort went into planning the parking for this project and he is comfortable that there will be ample spaces. In response to Councilmember Mikos, Mr. Hogan stated that staff and the applicant have walked a potential trail route, but it has not yet been specifically sited; the connection to Miller Parkway is problematic due to the open space; the new trail will connect with the existing trail system; and the pedestrian area at the Marketplace will not connect via the trail system to this project. In response to Mayor Hunter, Mr. Armbruster stated that they concur with the changes staff is making to the conditions; they anticipate tenants will be high - end business park users, rather than heavy industry; and Cypress Land Company has been fortunate in not having to identify tenants and acquire bank financing prior to completion. Michael Tingus, 4187 Cresthaven Drive, Westlake Village, representing the property owners and retail developer, stated that the type of company he Minutes of the City Council Moorpark, California Paae 7 March 19, 2003 anticipates for this site will be coming from the Conejo Valley and will represent the higher end research, development, and assembly companies rather than manufacturing machine shops. Councilmember Mikos complimented the applicant on the plant pallet for the project, which includes many native plants and recommended that the oleander plant, which is poisonous to animals, be eliminated from the selection. In response to Mr. Hogan's request for direction from the Council on the placement of public art, either on- or off -site for the project, Mayor Hunter stated that the Council will hear from the public speakers prior to making a recommendation. Archie Mesina, a Moorpark resident, asked if there are any industries which will be restricted from this business park; and are there any city grants which will fund this project. In response to Mayor Hunter's request for Council input regarding the Art in Public Places, Councilmember Harper stated the applicant's donation of $40,000 could provide for a major art feature, which should be on -site, preferably, at the end of Patriot Drive. The remaining Councilmembers concurred. CONSENSUS: It was the consensus via Condition 34.b., that the designed an on -site piece of puk corresponding to or greater than they must receive approval from art work. of the Council to direct, applicant design or have >lic art work with a value the in lieu fee; and that the City Council for the Councilmember Millhouse stated that the Planning Commission, working with Cypress Land Company has done an excellent job of making a nice development; the benches in the central plaza, the trailhead, and trail connection are nice additions; zoning limitations and code restrictions will protect the residents from certain uses; and the questions raised about adequate parking were excellent. Minutes of the City Council Moorpark, California Paqe 8 March 19, 2003 In response to Mayor Hunter and Mr. Mesina's earlier question, Mr. Hogan stated that the code would preclude certain uses involving noise, odors, or vibrations on this site. Mayor Hunter closed the public hearing. In response to Councilmember Harper's concerns regarding adequate parking, in light of Kavlico's labor intensive business running out of parking and their need to rent additional parking space from Card Services, Mr. Hogan stated that this project has 100 parking spaces beyond the requirement; each use will require a zoning clearance, at which time, staff will determine, based upon the type of business, if they would oversubscribe the parking; and staff will also look to the applicant to self - police the uses coming to the site so that a zone clearance would not have to be denied. In response to questions from the Council, Mr. Armbruster stated that this project will not be a single headquarters, but will include several different tenants, which is in Cypress Land Company's best interest, they would prefer public parking for those using the trails be kept to the area in front of the complex; and there will be signage to identify the trail. In response to Mr. Mesina's earlier question, Mr. Armbruster stated that the city is not funding any part of this project. In response to Councilmember Parvin, Mr. Kueny stated that there would be no street parking on Miller Parkway at anytime; however, Patriot Drive is a private street and it would be up to the Property Owners Association to decide whether parking would be allowed. In response to Councilmember Millhouse, Mr. Hogan stated that the project is consistent with the code and the parking is adequate to meet the foreseeable future uses of this project. Minutes of the City Council Moorpark, California Paae 9 March 19, 2003 MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to: 1) Determine that this proposed industrial project is consistent with the Amended Carlsberg Specific Plan for which an EIR was certified, as the proposed business park has been determined to be an allowable use within a Business Park zone, and is consistent with the analysis of the land use and impacts in the Specific Plan EIR; and 2) Adopt Resolution No. 2003- 2059 approving Industrial Planned Development Permit No. 2000 -01 and Tentative Tract Map No. 5226, as amended, to: a) Reflect adjustment in the Traffic Systems Management fee; b) Add a new Condition for the Property Owner Association to maintain the Common Property Area; c) Amend Condition 50 for the Public Works Director to approve the formation of a Landscape Maintenance District or acceptable alternative; and d) Determine that Condition 34.B specify on -site art as a requirement. The motion carried by voice vote 4 -1, with Councilmember Harper dissenting. Councilmember Harper stated that he is convinced that this land should be zoned Commercial not Industrial; the city stands to lose as much as one million dollars a year in tax revenue; the site should have been incorporated with the Target Center; however, if this site has to be Industrial, he is glad Cypress Land Company will be the developer. C. Consider General Plan Amendment Pre - Screening Application No. 2001 -03 to Convert 4.8 Acres from Rural High Residential Uses to Medium Industrial Uses at 13991 Los Angeles Avenue on Behalf of Mohammad Sheshebor and Eddie Gharabaghi. Staff Recommendation: 1) Approve the General Plan Amendment Pre - Screening application subject to the preparation of a draft Specific Plan for the study area; and 2) Direct staff to work with the applicant and other property owners in the study area seeking entitlements to fund the cost of the preparation of a draft Specific Plan. Mr. Hogan gave the staff report and indicated that staff's recommendation should have included direction for opening the public hearing, since this was advertised as such. He stated that the purpose of this hearing is to look at the concept of the land use designation, not the details of the Specific Plan. Minutes of the City Council Moorpark, California Paqe 10 March 19, 2003 In response to Mayor Hunter, Mr. Hogan stated a separate General Plan Amendment may not be needed if it can be folded into the Specific Plan. CONSENSUS: It was the consensus of the Council to amend the Staff Recommendation to include opening the public hearing, accepting public testimony, and closing the public hearing. Mayor Hunter opened the public hearing. Victoria Chaidez, a Moorpark resident, stated her concerns about changing the zoning to Commercial for this area where there are horses, other animals, and Open Space; negative effects on wildlife in the area; additional traffic in an already congested, narrow area; allowing an RV Storage center where it would prove difficult for recreational vehicles to find enough room to turn around; and the impact to her view from having to look down into an RV yard. In response to Mayor Hunter, Mr. Hogan confirmed that before a project could proceed, significant improvements to the roadway would be needed. Councilmember Mikos stated that when the Affordable Housing /Community Development Committee considered this, they were not talking about a Specific Plan only for circulation and land use; a lot of the area has Open Space opportunity for trails, habitat restoration and all different types of uses, not just commercial use; the approach of looking at a Specific Plan would allow for a comprehensive study of what is and is not appropriate; if the Council agrees to look at this as a Specific Plan, it does not mean that this particular application is approved; and there would be more public hearings to go along with the process if the Council elects to do this. Mayor Hunter stated that this is an opportunity to study the area for appropriate or inappropriate uses with the details to come later with the Specific Plan. He recommended that Ms. Chaidez stay to participate in Item 9.E., which is another traffic related item on the agenda. Minutes of the City Council Moorpark, California Paqe 11 March 19, 2003 Councilmember Millhouse stated that rather than looking at pockets of individual potential uses, a master plan to look at the entire area will be developed with a concept to study the cumulative impact for the area, which is something he can support. Councilmember Parvin concurred with Mayor Hunter and Councilmembers Mikos and Millhouse. Mayor Hunter closed the public hearing. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to: 1) Approve the General Plan Amendment Pre - Screening application subject to the preparation of a draft Specific Plan for the study area; and 2) Direct staff to work with the applicant and other property owners in the study area seeking entitlements to fund the cost of the preparation of a draft Specific Plan. The motion carried by unanimous voice vote. D. Consider General Plan Amendment Pre - Screening Application No. 2001 -02 to Convert 4.0 Acres from General Commercial Uses to Very High Density Residential Uses at 601 -699 West Los Angeles Avenue on the Application of Grand Moorpark, LLC. Staff Recommendation: Direct staff to obtain funds from Grand Moorpark, LLC and Shea Homes for the preparation of a commercial demand study, and upon completion of the study, refer the case back to the Affordable Housing /Community Development Committee for recommendation to the City Council. Mr. Hogan gave the staff report and indicated that staff's recommendation should have included direction for opening the public hearing, since this was advertised as such. He went on to state that a third participant, the Casden Group, is interested in contributing to the funds needed to complete the study. CONSENSUS: It was the consensus of the Council to amend the Staff Recommendation to include opening the public hearing, accepting public testimony, and closing the public hearing. Minutes of the City Council Moorpark, California Paqe 12 March 19, 2003 In response to Mayor Hunter, Mr. Hogan stated that it should not take more than a month and one -half to obtain the advance proposals, although it will take three to four months to prepare the study and related work before bringing it back to the City Council. Mayor Hunter opened the public hearing. Charles Cohen of Weston Benshoff, representing Grand Moorpark, LLC, 2801 Townsgate Road, Thousand Oaks, stated that they are satisfied that the Committee will make the appropriate recommendation to the City Council and that the study should eliminate any issues. Oscar Berrera, a Moorpark resident, stated his opposition to the project due to high density and too much traffic in his neighborhood near Sierra Avenue. Mayor Hunter explained the process of the Commercial Demand Study; assured Mr. Barrera of future public hearings where specific concerns can be voiced; and requested that Mr. Hogan be sure Mr. Berrera is noticed for future public hearings. Mayor Hunter closed the public hearing. Councilmember Harper expressed similar concerns as those he had for the Cypress Land Company project regarding the loss of a good commercial development site, the resulting tax revenue loss, and the change in density. He stated he has no problem proceeding with the study, but cautioned not to underestimate the community's long term need for commercial development along with the city's need for tax revenue. Mayor Hunter expressed similar concerns with the previous loss of Los Angeles Avenue frontage when Commercial zoning was changed to Residential zoning. Councilmember Mikos stated that she agreed with staff that they should look at other studies and weigh results from what was projected and what has happened since; and if a change is made to Residential, staff should explore options and look closely at density. Minutes of the City Council Moorpark, California Page 13 March 19, 2003 Councilmember Parvin stated that one of the city's Goals and Objectives is to perform a study like this and she is glad the city will have assistance with the financial cost. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to direct staff to obtain funds from the two applicants, Grand Moorpark, LLC and Shea Homes, and accept the contribution from Casden Group for the preparation of a commercial demand study, and upon completion of the study, refer the case back to the Affordable Housing /Community Development Committee for recommendation to the City Council. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 8:31 p.m. The Council meeting reconvened at 8:54 p.m. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Award of Contract to Ecology Construction Inc. and Adoption of a Budget Amendment for Arroyo Vista Community Park Phase II Construction. Staff Recommendation: Award a contract to Ecology Construction Inc. for $1,779,317.68 for construction of AVCP Phase II; authorize a loan of $590,000 from the General Fund Reserve Balance, to be repaid with interest at the LAIF rate; and adopt Resolution No. 2003 -2060, appropriating $180,000 from the Park Improvement Fund Balance - Community Zone and $590,000 from the General Fund Reserve Balance to the AVCP Phase II project budget (7022). ROLL CALL VOTE REQUIRED Ms. Lindley gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Councilmember Millhouse stated that the park improvements provide a variety of benefits to every type of park use and the Council should move forward with this recommendation. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to: 1) Award a contract to Ecology Construction Inc. for $1,779,317.68 for Minutes of the City Council Moorpark, California Page 14 March 19, 2003 construction of AVCP Phase II; 2) authorize a loan of $590,000 from the General Fund Reserve Balance, to be repaid with interest at the LAIF rate; and 3) Adopt Resolution No. 2003 -2060, appropriating $180,000 from the Park Improvement Fund Balance - Community Zone and $590,000 from the General Fund Reserve Balance to the AVCP Phase II project budget (7022). The motion carried by unanimous roll call vote B. Consider Boys & Girls Club Loan. Staff Recommendation: Forgive the loan balance of $47,000 to the Boys & Girls Club effective June 30, 2003, but retain the right to modify this decision during budget deliberations. Ms. Borchard gave the staff report. Ron LaGuardia, a Moorpark resident and former member of the Board of Directors of the Moorpark Boys & Girls Club, spoke in support of forgiveness of the loan. He went on to describe the positive impacts the club has had on the community, the need to use funds to provide more programs and to develop a larger center to enable the club to serve more than the 100 children attending now. Scott Mosher, Executive Director of the Moorpark Boys & Girls Club, 200 Casey Road, Moorpark, thanked the City Council and the City Manager for their support and stated that forgiving the loan will enhance the club's ability to serve more children in the community. In response to Mayor Hunter, Ms. Traffenstedt summarized the one Written Statement card from Eddie Byrn who opposed the loan as misuse of taxpayer money. Councilmember Harper stated that this is not a misuse of public money since the positive benefits come back into the community through the services rendered by the Boys and Girls Club to the children of the community. Councilmember Millhouse stated that in light of circumstances around the world at this time, people recognize that freedom is not free; the city of Moorpark did not become a safe community by luck or Minutes of the City Council Moorpark, California Page 15 March 19, 2003 coincidence, and one of the reasons for the low crime rate is the positive effect youth programs offered by the Moorpark Boys & Girls Club have on children, which benefits the whole community. He concurred with Councilmember Harper, that this is not a misuse of public funds, rather an investment in the public. Councilmember Parvin concurred with Councilmembers Harper and Millhouse. She stated that the Boys and Girls Club was built in the 1930's and with a very small staff has managed to keep the program going to serve at least 1800 children annually. She went on to state that the club offers very important programs to create awareness and resistance skills for keeping children away from drugs and alcohol. Councilmember Mikos echoed her fellow Councilmembers and stated that this is easy to support since the funds the city is forgiving would be spent on other programs to benefit youth in the community anyway. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to forgive the loan balance of $47,000 to the Boys & Girls Club effective June 30, 2003, but retain the right to modify this decision during budget deliberations. The motion carried by unanimous voice vote. C. Consider Approval of Second Amendment to Settlement Agreement Regarding the Moorpark Country Club Estates RPD 1994 -01 - Toll Brothers. Staff Recommendation: Approve the Second Amendment to the Settlement Agreement and authorize the Mayor to sign the Agreement subject to the final language approval of the City Attorney and City Manager. Mr. Kueny gave the staff report. Craig Messi, representing Toll Brothers, Inc., 7142 Trevino Drive, Moorpark, stated that in working with the City Manager's office and Ad Hoc Committee, Toll Brothers is in agreement with the latest version of the Settlement Agreement. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to approve the Second Amendment to the Settlement Agreement and authorize the Mayor to sign the Agreement subject to the final language approval of the Minutes of the City Council Moorpark, California Page 16 March 19, 2003 City Attorney and City Manager. The motion carried by unanimous voice vote. D. Consider Remaining Outstanding Issues - Toll Brothers (Moorpark Country Club Estates). Staff Recommendation: Direct the applicant to file the Modifications to Tract 4928, RPD 1994 -01, and CUP 1994 -01 and authorize the Community Development Director to bring them back to the Council as a consent item, in order to bring Conditions of Approval into consistency with the Second Amendment to the Settlement Agreement. Mr. Hogan gave the staff report. In response to Mayor Hunter, Mr. Messi concurred with staff's recommended action. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to direct the applicant to file the Modifications to Tract 4928, RPD 1994 -01, and CUP 1994 -01 and authorize the Community Development Director to bring them back to the Council as a consent item, in order to bring Conditions of Approval into consistency with the Second Amendment to the Settlement Agreement. The motion carried by unanimous voice vote. E. Consider Potential Alignments for State Route 23 North of New Los Angeles Avenue. Staff Recommendation: Direct staff to proceed with development of Spring Road as a future alignment for State Route 23. Mr. Bobardt gave the staff report and stated that staff is recommending Alternate No. 2. Jim Beck, Civil Engineer for Pardee Homes, 1320 Flynn Road, Camarillo, provided the following Pardee viewpoint on the alternatives: • Alternate No. 1 involving Moorpark Highlands Specific Plan or Tract 5045 of Pardee ownership, would have no impact on the Pardee development. • Alternative No. 2 would have the negative impacts of increased noise and truck traffic along Spring Road, unattractively high perimeter sound walls, and decreased marketability of their homes. Pardee is alarmed to hear that the Spring Road Minutes of the City Council Moorpark, California Paae 17 March 19, 2003 design would have to satisfy Caltrans standards when the roadway was previously conditioned to be designed to Ventura County road design standards; changes to the design would require impacts to the Pardee site, which have not been studied; and would include condemnation of some of the LePerch property. It is up to the city to accept Spring Road and then convince Caltrans to accept this alignment as an alternative to Walnut Canyon Road for a state highway route; satisfying Caltrans would require condemnation and right -of -way acquisitions from adjoining ownerships as well as unstudied impacts to the Pardee site; Caltrans criteria would require elimination of much of the landscaping Pardee is conditioned to install in the parkway and the median; and posting of "No Thru Truck Traffic" would make reclassification of Spring Road as a state highway, unlikely. • Alternative No. 3 was accepted when Pardee purchased the Tentative Map with that Highway 23 connection. • Alternative No. 4 has the most impact on their site, but they are willing to accept the negative impacts as long as their improvement plans, pending RPD, and map revision are not delayed by discussions of whether to grade this alignment or pay in -lieu fees. They do not believe this alignment can be graded due to impacts on environmentally sensitive areas; they would rather pay the in -lieu fees and have the Council direct staff to provide expedited plan check of their bulk grading plan; and they do not want to get into protracted negotiations with Caltrans regarding the design of Spring Road. • Alternative No. 5 has no impact. Victoria Chaidez, a Moorpark resident, stated that she has concerns with Alternative Nos. 3 and 4 since huge trucks traveling along those routes will have a negative environmental impact on the wildlife corridor and wildlife preserve in those locations. Councilmember Millhouse stated that he had asked for this item to be placed on the agenda to discuss the alternatives for removing the truck traffic from the city, as this is a serious issue impacting the entire downtown area, the residents living along Walnut Minutes of the City Council Moorpark, California Paqe 18 March 19, 2003 Canyon, and burdens the infrastructure of the city; this is an opportunity to study alternatives, which have the potential to work, before homes are built in the Pardee development; he does not concur with staff's recommendation for Alternate No. 2 because it brings traffic by existing homes on Spring Road and Charles Street, past the new Police Services Center, and then on to L.A. Avenue to the freeway; there are limitations in what can be done; the city does not have control over State Route 118 even though there have been increased Caltrans truck inspections; the city has hired a consultant to study ways to restrict truck traffic, but ultimately the city does not have the power to ban trucks; the city is pushing forward on behalf of the Ventura County Transportation Commission (VCTC) with the widening proposal for Highway 23; further study of Alternative No. 4 would benefit the most people in Moorpark with placement of the roadway before homes are built in the Pardee development and would impact current residents the least; the trucking industry has indicated they are interested in helping fund a portion of the cost for the study; the Transportation Equity Act (T3) is being reauthorized in Congress, which will hopefully free up funds here in Ventura County; the VCTC will be reevaluating the projects at the top of their priorities list and accepting ideas from cities for improvements; and this is the window of opportunity to serve the citizens of Moorpark. Councilmember Mikos stated that she concurs that this is the time to take the opportunity to perform a study; Alternative No. 4 is not the one she would choose; none of the alternatives are good; there are terrible minuses to each alternative as well as some good pluses; she begrudgingly agrees with staff's recommendation of Alternative No. 2; and the Council needs to narrow their selection and focus on one alternative due to the expense. Councilmember Harper stated that he does not like any of the alternatives; it is painful to realize that the reason the city has this problem is because Ventura County has been very liberal and not taken responsibility for regulating trucks in the quarries; it would be unfortunate to alter the Pardee Planned Development or to impact existing neighborhoods, all Minutes of the City Council Moorpark, California Paae 19 March 19, 2003 because of trucks; a long term solution would be to shut down the quarry as a public hazard; mitigation would include building a freeway grade interchange to connect with the existing freeway connector; and he recommends that staff set up an evening workshop to bring in all affected parties including Caltrans and the Ventura County Transportation Commission to investigate building it. Councilmember Parvin stated that none of the alternatives are appealing; it is hard to find positive elements; Alternative No. 2 is the least costly and the most direct route from the quarry; and she agreed with Councilmember Harper's recommendation for a workshop. Mayor Hunter stated he would support Councilmember Harper's recommendation for a workshop and asked staff to set the date at this meeting, since so many people have a vested interest and can provide input. Councilmember Millhouse stated that although he concurs with the direction for staff to proceed with a workshop and agrees that none of the alternatives are the best way of doing things, that doing nothing would be a disservice to people living along Walnut Canyon Road, living downtown, or for anyone using Los Angeles Avenue. He went on to state that Alternative No. 4 has the least impact for a number of residents even though it has problems; Alternative No. 3 has grading issues near Happy Camp and with the extension of the future Route 23 has the downside of passing by existing homes along the Campus Park area; Alternative No. 2 violates a promise made to the residents in and around Spring Road who were told that Spring Road was not going to be accessible to trucks; and 100 million dollars would not be easy to find for a freeway connection, which would still pass by existing homes in Campus Park. Councilmember Millhouse reminded the Council that a workshop was already conducted on this subject and Pardee did not come up with any alternatives; only ten homes in their development will be impacted by the trucks; and those home buyers will be forewarned, while the existing residents have had the truck problem forced upon them by the County. Minutes of the City Council Moorpark, California Page 20 March 19, 2003 Mr. Beck stated that they do not have an obligation to solve a regional traffic problem and urged the Council to adopt one of the alternatives so that their development can move forward. Councilmember Harper reiterated his request for a workshop and recommended revisiting some alternatives presented many years ago, including one involving D Street, an alignment that parallels the current Route 118 and extends west where it would require the grading of hills. A discussion followed between Council and staff to determine a date for the workshop and to consider a list of representatives to be invited such as the Director of VCTC, Director or Assistant Director of Caltrans District No. 7, Ventura County Roads Supervisor, and a representative from the Trucking Industry, such as their EIR Consultant. CONSENSUS: It was the consensus of the Council to hold a workshop on April 9, 2003, to study alternative alignments with all affected parties. F. Consider Resolution Establishing a "Permit Only" Parking Zone on Flory Avenue. Staff Recommendation: Adopt Resolution No. 2003 -2061 establishing a "Permit Only" parking zone on Flory Avenue. Mr. Gilbert gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to Adopt Resolution No. 2003 -2061 establishing a "Permit Only" parking zone on Flory Avenue. The motion carried by unanimous voice vote. G. Consider Resolution and Letter in Support of Santa Monica Mountains Conservancy (SMMC) Advisory Committee Exemption from State Directive to Limit Meetinas to Once Annually. Staff Recommendation: Adopt Resolution No. 2003 -2062 and authorize the Mayor to sign a letter in support of an exemption for the SMMC Advisory Committee from an order of the Governor to Minutes of the City Council Moorpark, California Page 21 March 19, 2003 require State advisory bodies to limit meetings to once annually. Councilmember Mikos, the city's representative on the Santa Monica Mountains Conservancy Advisory Committee, gave the report. In response to Mayor Hunter, Councilmember Mikos stated that the Advisory Committee believes it is exempt from the order from the Governor because projects for consideration can come at any time during the year and in order to provide advice and discussion to the Conservancy Board it would be necessary to meet more than once in a year; the state Attorney General will determine if the Advisory Committee is actually exempt; and if the Council agrees that the Advisory Committee is essential to the conduct of the Conservancy Board, then hopefully they will agree to this action. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Councilmember Millhouse stated that the Santa Monica Mountains Conservancy Advisory Committee provides tremendous benefits to the community and he is in favor of the Resolution and the letter. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to Adopt Resolution No. 2003- 2062 and authorize the Mayor to sign a letter in support of an exemption for the SMMC Advisory Committee from an order of the Governor to require State advisory bodies to limit meetings to once annually, with an adjustment to the letter to reflect approximately 1,000 square miles as the geographic size of the SMMC Zone /Rim of the Valley Trail Corridor. The motion carried by unanimous voice vote. H. Consider Scheduling of the Summer Meeting Recess. Staff Recommendation: Direct staff to post a notice of meeting cancellation for either the July 16 or August 6, 2003, regular meeting. Ms. Traffenstedt gave the staff report. Councilmember Harper stated that he preferred to go dark for both meetings. Minutes of the City Council Moorpark, California Paae 22 March 19, 2003 In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Councilmember Mikos stated that she would be in favor of canceling both dates as long as Special Meetings are not scheduled during that time frame. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to post a notice of meeting cancellation for both the July 16 and the August 6, 2003, regular meetings. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: Councilmember Mikos requested that Item 10.H, also be pulled for individual consideration. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of the minutes of February 5, 2003 in Item 10.A. and Items 10.H. and 10.L., which were pulled for individual consideration. The motion carried by unanimous roll call vote. B. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - March 19, 2003. Manual Warrants Voided Warrant Payroll Liability Warrants 112133 - 112137 & 112220 - 112221 112074 & 112232 112222 - 112229 $ 7, 646.88 $ 193.00 $ (857.73) $ 12,498.86 Regular Warrants 112138 - 112219 $ 47,668.87 112230 - 112251 $ 322,675.90 Staff Recommendation: Approve the warrant register. C. Consider Resolution Funding 1) Speed Feedback Sign Costs; and 2) Construction of Improvements to the Medians on Campus Park Drive East of Collins Drive. Staff Recommendation: Adopt Resolution No. 2003- 2063. ROLL CALL VOTE REQUIRED. Minutes of the City Council Moorpark, California Paae 23 March 19, 2003 D. Consider Resolution Rescinding Resolution No. 2002- 1998 and Directing the Placement of a STOP Sign at Only the Deering Lane Entrance to the Intersection of Cedarpine Lane and Deering Lane. Staff Recommendation: Adopt Resolution No. 2003 -2064. E. Consider Resolution Amending Fiscal Year 2002/2003 Budget to Fund Certain Assessment Engineering Costs (Fund 1000 - General Fund). Staff Recommendation: Adopt Resolution No. 2003 -2065 amending the FY 2002/03 Budget to fund the Assessment Engineering costs defined and described in the agenda report. ROLL CALL VOTE REQUIRED. F. Consider Amendment of City /County Agreement for the Installation of the Traffic Signal at Tierra Road and Sunset Valley Road (formerly Moorpark Road); Approval of City /County Agreement for the Maintenance of Traffic Signals at Certain Intersections; and Adoption of a Resolution Amending the Fiscal Year 2002/2003 Budget for the Moorpark Park Road Realignment Project (Project 8043) (Fund 2002 - Traffic Mitigation Fund) . Staff Recommendation: 1) Approve an Amendment to City /County Agreement pertaining to the construction of a temporary traffic signal at Tierra Rejada Road and Sunset Valley Road (formerly Moorpark Road), subject to final language approval by the City Manager and the City Attorney; 2) Approve a City /County Agreement pertaining to the sharing of costs for certain "shared" intersection, subject to final language approval by the City Manager and the City Attorney; and 3) Adopt Resolution No. 2003 -2066 amending the FY 2002/03 Budget for Project 8043 - Moorpark Road Realignment Project. ROLL CALL VOTE REQUIRED. G. Consider Report of Annual Development Agreement Review, Established in Connection with Moorpark Highlands Specific Plan No. 2, a Master Planned Community, Located East of Walnut Canyon Road and North of Charles Street, on the Application of Morrison- Fountainwood- Agoura. Staff Recommendation: 1) Accept the Community Development Director's Report and recommendation that, on the basis of substantial evidence, Morri son- Fountainwood- Agoura has complied in good faith with the terms and conditions of the Minutes of the City Council Moorpark, California Page 24 March 19, 2003 agreement; and 2) Deem the annual review process complete. I. Consider Rejection of Claim: Nancy T. Dion. Staff Recommendation: Reject the claim and direct staff to send a standard rejection letter to the claimant. J. Consider Rescission of Resolution No. 98 -1508 Regarding the Golf Course Commencement Date for Moorpark Country Club Estates - Toll Brothers. Staff Recommendation: Adopt the Resolution No. 2003 -2068 rescinding Resolution No. 98 -1508. K. Consider Resolution Urging the State Legislature to Reject the Governor's Proposal to Shift Local Government's Share of Vehicle License Fee (VLF)Revenue and to Honor the 1998 Commitment to Restore the VLF. Staff Recommendation: Adopt Resolution No. 2003 -2069. The following items were pulled for individual consideration: A. Consider Approval of Minutes of Regular Meeting of February 5, 2003. Consider Approval of Minutes of Special Meeting of March 5, 2003. Staff Recommendation: Approve the minutes. Councilmember Mikos requested revision to stamped page 181 containing the Regular Minutes of February 5, 2003, to add additional language to the CONSENSUS for Item 9.F. to indicate that "the Fiscal Year 2003/04 priorities will be finalized during the budget deliberations ". MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to approve the Minutes of the Regular Meeting of February 5, 2003, as amended and to approve the Minutes of the Special Meeting of March 5, 2003, as submitted. The motion carried by unanimous voice vote. H. Consider Approval of a Resolution Authorizing the Destruction of Certain Records. Staff Recommendation: Adopt Resolution No. 2003 -2067. Minutes of the City Council Moorpark, California Page 25 March 19, 2003 Councilmember Mikos stated she concurs with staff's recommendation except for the destruction of video tape recordings of meetings prior to 2002 (Minutes Approved) and asked for a separate Resolution to come back to the Council for consideration of the videos being transferred to a different medium such as a CD. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to adopt Resolution No. 2003- 2067, as amended to exclude video recordings from the destruction list and reschedule video records destruction for Council discussion. The motion carried by unanimous voice vote. L. Consider Resolution Authorizing the Sale of 284 Charles Street. Staff Recommendation: 1) Approve Resolution No. 2003 -2070, authorizing the transfer of 284 Charles Street, Moorpark, California, to the Moorpark Redevelopment Agency for subsequent sale to the property owner of 661 Magnolia Street; and 2) Direct the City Manager to request Reconveyance of the City's interest in this property. Mr. Riley stated he had this Item pulled to make editorial corrections to the staff recommendation to include verbiage requested by the escrow company to authorize the Mayor and the City Manager to sign documents required for the transfer of property. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to: 1) Approve Resolution No. 2003 -2070, authorizing the transfer of 284 Charles Street, Moorpark, California, to the Moorpark Redevelopment Agency for subsequent sale to the property owner of 661 Magnolia Street, as amended to authorize both the Mayor and the City Manager to sign documents required for the transfer of property; and 2) Direct the City Manager to request Reconveyance of the City's interest in this property. Minutes of the City Council Moorpark, California Paqe 26 March 19, 2003 11. ORDINANCES: A. Consider Ordinance No. 292, an Ordinance of the Cit of Moorpark, California, Amending Title 10, Vehicles and Traffic, by Adding New Chapter 10.20, Skateboard, Motorized Skateboard, Scooter, Motorized Scooter, Roller Skate and In -Line Skate Regulations. Staff Recommendation: Declare Ordinance No. 292 read for the second time and adopted as read. Ms. Traffenstedt read the title of Ordinance 292. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to waive further reading of Ordinance No. 292. The motion carried by unanimous voice vote. MOTION: Councilmember Harper moved and Councilmember Mikos seconded the motion to declare Ordinance No. 292 read for a second time and adopted as read. The motion carried by unanimous voice vote. B. Consider Ordinance No. 293, an Ordinance of the City of Moorpark, California, Amending Section 3.16.050 of Chapter 3.16, Investment of City Funds, of Title 3, Revenue and Finance. Staff Recommendation: Declare Ordinance No. 293 read for the second time and adopted as read. Ms. Traffenstedt read the title of Ordinance 291. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to waive further reading of Ordinance No. 293. The motion carried by unanimous voice vote. MOTION: Councilmember Parvin moved and Councilmember Harper seconded the motion to declare Ordinance No. 293 read for a second time and adopted as read. The motion carried by unanimous voice vote. 12. CLOSED SESSION: None was held. Minutes of the City Council Moorpark, California Paqe 27 March 19, 2003 13. ADJOURNMENT: MOTION: Councilmembe seconded a motion to ATTEST: --W , P-L �J Deborah S. Traffenst�e'ltrt City Clerk os