Loading...
HomeMy WebLinkAboutMIN 2003 0702 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California July 2, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on July 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 6:50 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; 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; John Hartnett, Recreation Manager; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. City of Moorpark 20th Anniversary Presentation. Mayor Hunter welcomed the honored guests and thanked the many people who participated in building the city of Moorpark over the past two decades. He highlighted the City's growth and successes, which contribute to making it one of the most desirable places to live and work. Mr. Kueny applauded those who voted for cityhood twenty years ago. He outlined the City's accomplishments in the areas of improvements to infrastructure, parks and recreation facilities, Minutes of the City Council Moorpark, California Paae 2 Julv 2, 2003 senior activities, contributions by law enforcement, and the City's financial stability in remaining debt - free. Mr. Kueny commended the involvement of the community and the dedication of current and former Councils, Commissions, and staff to the success of the City. Mr. Hartnett introduced Debbie Ryono from the Moorpark Historical Society who gave a portrayal of Mabel Bradley, Moorpark's first telephone operator. Mabel imparted many humorous facts about old times in Moorpark. Mr. Hartnett read a Special Congressional Certificate of Recognition from U.S. House of Representative Elton Gallegly and presented it to Mayor Hunter, who accepted on behalf of the city of Moorpark. Mr. Hartnett read a Commendation to the city of Moorpark from Governor Gray Davis and presented it to Mayor Hunter, who accepted on behalf of the city of Moorpark. Jason Spadaro, representing State Senator Tom McClintock, presented a Senate Resolution commemorating Moorpark's 20 years of cityhood to Mayor Hunter, who accepted on behalf of the city of Moorpark. Audra Strickland, representing State Assembly Member Tony Strickland, presented an Assembly Resolution to Mayor Hunter, who accepted on behalf of the city of Moorpark. Jarrod DeGonia, representing 4th District Supervisor Judy Mikels from the Ventura County Board of Supervisors, presented a Resolution to Mayor Hunter, who accepted on behalf of the city of Moorpark. Mayor John Procter from the City of Santa Paula presented a Proclamation to Mayor Hunter, who accepted on behalf of the city of Moorpark. Council Member Glen Becerra, representing the City of Simi Valley, presented a Resolution to Mayor Hunter, who accepted on behalf of the city of Moorpark. Minutes of the City Council Moorpark, California Paae 3 Julv 2, 2003 David Pollock, Vice President of the Moorpark Unified School District Board of Education, congratulated the City on its 20th birthday and stated he was presenting a birthday present of the newly constructed, joint -use gymnasium at Chaparral Middle School adjacent to Poindexter Park. Virginia Hayward, Chief Executive Officer of the Moorpark Chamber of Commerce, presented a Proclamation to Mayor Hunter, who accepted on behalf of the city of Moorpark. Mr. Harnett recognized the cities of Camarillo, Oxnard, Port Hueneme, and San Buenaventura for sending Proclamations honoring the city of Moorpark. Mr. Hartnett introduced the first Mayor of the city of Moorpark, Leta Yancy- Sutton, who served from July 1983 to November 1986. Former Mayor Yancy- Sutton reminded everyone that they live in the greatest city, in the greatest county, in the greatest state, and in the greatest nation in the world. She claimed her most lasting accomplishment was in hiring Steven Kueny to be the City Manager; and asked the Council to continue to follow her original plans for the City to keep it on the right course. Mr. Hartnett introduced former Councilmember James Hartley, who served the City from July to November 1986. Former Councilmember Hartley spoke about the accomplishments achieved during his tenure, which gave him the opportunity to put the beginning pieces in place for the City to build upon. Mr. Hartnett introduced former Councilmember John Galloway who served the City from November 1986 to November 1988. Former Councilmember Galloway spoke about his observations, upon returning to the city of Moorpark after an absence of seven years, of the underpinnings put into place many years ago that are bearing fruition today; and congratulated the City for doing such a great job. Minutes of the City Council Moorpark, California Page 4 July 2, 2003 Mr. Hartnett introduced former Mayor and Councilmember Eloise Brown, who served the City from November 1986 to November 1990 and again from April 1996 to November 1996. Former Mayor and Councilmember Brown proclaimed her love for Moorpark and her pleasure in seeing the City grow with residential, commercial, and industrial projects. Mr. Hartnett introduced former Councilmember Debbie Rodgers, who served the City from November 1996 to November 2000. Former Councilmember Rodgers reminisced about the problems of the past, which are still with the City today, including the need for growth and the traffic on State Route 118. Mr. Hartnett introduced former Councilmember John Wozniak, who served from November 1990 to November 2002. Former Councilmember Wozniak stated that it was an honor and a pleasure serving the community of Moorpark, which is a great place to live and raise children. Mr. Hartnett introduced Patrick and Brendan Weak to represent their father, former Mayor and Councilmember, James Weak, who passed away in 1986 after serving on the City Council from November 1984. The Misters Weak spoke about the honor of representing their father at this ceremony; and stated he would have been very proud of the accomplishments of the city of Moorpark. Mr. Hartnett read an excerpt from a letter sent to the City from the first elected Mayor of Moorpark, Paul Lawrason, in which he congratulated the City and those doing the planning, work, and follow -up to make Moorpark the most outstanding city in Ventura County. Mr. Hartnett introduced Planning Commissioners Mark DiCecco, Scott Pozza, and Kipp Landis. Minutes of the City Council Moorpark, California Page 5 July 2, 2003 Commissioner DiCecco stated that the city of Moorpark will always remain a place where you know your neighbor; and no matter how big it gets, it will always have a small town atmosphere. Commissioner Pozza stated that the city of Moorpark is the only place he and his wife want to live and raise their children. Commissioner Landis stated that a community is only as good as its neighbors and the city of Moorpark is blessed with friendly and caring residents. Mr. Hartnett introduced Parks and Recreation Commissioners Tom Pflaumer and Julie Weisberger. Commissioner Pflaumer stated he is proud to represent the city of Moorpark, which is progressing forward in the right direction. Commissioner Weisberger stated that it is a pleasure to be serving the city of Moorpark; and she wished the city a "Happy Birthday." Mr. Hartnett announced the annual July 3rd event at Arroyo Vista Community Park where this year, the city of Moorpark will be honoring its twentieth year of incorporation in grand style, bringing many special activities and guests to the community residents for a day of celebration. Mayor Hunter asked for comments from Councilmembers, starting with Councilmember Harper, who was a member of the first City Council following incorporation. Councilmember Harper stated it was good to see many of his former colleagues; and singled out Leta Yancy Sutton for her efforts to promote cityhood. He recognized Mr. Kueny for the many accomplishments gained under his 19 -year tenure working for the City. Councilmember Parvin stated that Moorpark is a safe community; has great teachers, wonderful parents, bright children, great grandparents, wonderful parks and recreation opportunities, incredible businesses, a great Chamber of Commerce, wonderful charitable and Minutes of the City Council Moorpark. California Paae 6 Julv 2, 2003 service organizations, numerous volunteers, great active adults; and overall, is the most involved community she has ever lived in. She stated she looks forward to serving the city of Moorpark in the years to come. Councilmember Millhouse congratulated Mr. Kueny for the fiscal success achieved by the City over the many years he has served as City Manager. He spoke about the honor and pleasure of serving the community; the enthusiastic participation of the citizens; the cooperation of neighboring communities; and the staff working behind the scenes to make the City such a wonderful place to live. Councilmember Mikos spoke about the growth and development of the City created by the interactions of the citizens serving the community; and encouraged everyone to attend the July 3rd celebration. AT THIS POINT in the meeting, Mayor Hunter announced that the meeting would recess for a reception. The time was 7:49 p.m. The meeting reconvened at 8:48 p.m. with all Councilmembers present. 5. PUBLIC COMMENT: Karl Geiger, representing the Moorpark High School Academic Decathlon team, spoke of the team's need for additional funds to sponsor travel to Sacramento and Washington D.C. By unanimous voice vote, the Council determined that in order to take immediate action, subsequent to the Agenda being posted, the Moorpark High School Academic Decathlon team's request for funds to sponsor travel to Sacramento and Washington D.C. should be added to the Agenda as Item 9.E. to be heard after Public Hearings. Gerald Goldstein, a Moorpark resident, spoke about having difficulty finding transportation to attend meetings. Michael Ellis, a Moorpark resident, reiterated his remarks from the June 18, 2003, City Council meeting, regarding the lack of cooperation from the Moorpark Police Department in handling parking violations at a wedding reception held at his home. Minutes of the City Council Moorpark, California Paqe 7 July 2, 2003 Councilmember Millhouse recommended that the police should better communicate with residents in such situations. Councilmember Mikos requested a future agenda item to address the communication issue between citizens and the police so that a protocol can be developed. Captain Diaz concurred with Councilmember Millhouse; and responded to Councilmember Mikos that he would discuss the subject of communication protocol at the August 20th City Council meeting, since he is scheduled for the presentation of the City Manager's monthly report. Ronald Schnoebelen, a Moorpark resident, requested information regarding the widening of Los Angeles Avenue in front of the condominiums at 150 Los Angeles Avenue; and expressed concerns regarding safety, noise, pollution from cars, and the stacking of vehicles waiting at the new signal at Milliard Street. In response to Mayor Hunter, Mr. Kueny confirmed that the widening in that segment of Los Angeles Avenue is more difficult and a significant amount of property will have to be acquired; however, the City will more than meet the legal requirements, not only in compensation, but in mitigation. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Harper requested that the minutes of February 27, July 17, and September 4, 2002, included in Item 10.A., be pulled from the Consent Calendar. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: None. 8. PUBLIC HEARING: A. Consider Minor Modification No. 3 to Residential Planned Development Permit (RPD) No. 98 -01 and Minor Modification No. 3 to Vesting Tentative Tract Map (VTTM) No. 5133, Located on the South Side of Los Angeles Avenue West of Fremont Street, on the Application of Shea Homes. (Continued from June 18, 2003, public hearing open) Staff Recommendation: 1) Accept public testimony, and close the public hearing; Minutes of the City Council Moorpark, California Page 8 July 2, 2003 and 2) Adopt Resolution No. 2003 -2106 approving Minor Modification No. 3 to RPD No. 98 -01 and Minor Modification No. 3 to VTTM No. 5133 subject to Conditions of Approval. Mr. Hogan gave the staff report. He presented the Council with a revised Resolution in legislative format reflecting the changes to the Conditions of Approval, which have been discussed with, and are acceptable to the applicant. In response to Councilmember Harper, Mr. Hogan addressed the concern for lack of room to turn around in the hammerhead drives; and noted the installation of fire sprinklers in all of the homes after discussions with the Fire Department. He stated that this type of street design will not become a City standard. In response to Councilmember Mikos, Mr. Hogan stated that in regard to the interface with what will be the wetland mitigation area, the applicant is still working with the Flood Control District to develop plans for the area; a future project would actually have more impact on this detention area; and this applicant can be required to install native plants, acceptable to the Flood Control District, in this area. In response to Councilmember Parvin, Mr. Hogan stated that the parking on the public street with the four - way entrance would be under City control; the parking on private streets would be under the control of the Homeowner's Association, and the limited parking on the 18 -foot driveways is anticipated to be self - policed by the residents. He also stated that Majestic Court is required to be widened to 40 -feet. In response to Councilmember Parvin's concerns regarding the varying heights of the noise wall, Mr. Hogan stated that a condition has been added to require an additional noise study to determine the height of the wall to be to the satisfaction of the Community Development Director; and that some of the height differences are due to differences in grade. Mayor Hunter opened the public hearing. Minutes of the City Council Moorpark, California Page 9 July 2, 2003 Jeff Palmer, representing Shea Homes, 555 St. Charles Drive, Suite 205, Thousand Oaks, stated he is available for questions. Steve Seemann, representing Shea Homes, 555 St. Charles Drive, Suite #205, Thousand Oaks, described the improvements made to Tract 5133 resulting from the reduction in the number of units; and stated that the applicant is in agreement with all of the amended conditions. Ro Hawkinson, a Moorpark resident, stated that he is pleased to learn that houses are replacing the proposed recreation facility; and requested a minimum 8 -foot block wall between the homes on Fremont and the Shea development. Steve Mercado, a Moorpark resident, expressed concerns about the noise level at the new four -way intersection; the height of the noise wall; and whether Fremont Street will be the access street for construction vehicles. Dominic Schmidt, a Moorpark resident, spoke about the importance of retaining the historic character of Fremont Street. He stated that he has spoken with Shea Homes and is pleased with the proposed development, the four -way signalized intersection, the relocation of the park, and that Fremont Street will not be used as a construction street. Ronald Schnoebelen, a Moorpark resident, repeated his request from the June 18th meeting that the proposed wall, adjacent to the garages should replace the current fencing to eliminate a gap where litter can accumulate. Mr. Hogan stated that there is no intention to have construction traffic on Fremont Street; a future project, and not this project, involves a recreation facility; Condition No. 22 could be modified to allow the Community Development Director to increase the sound wall height to provide screening on the eastern property line to 8 -feet if necessary; the placement of the wall adjacent to the garages is addressed in Condition No. 24, where it is left up to the Community Minutes of the City Council Moorpark, California Paae 10 Julv 2, 2003 Development Director to decide placement, with the understanding that Council does not want a gap in that location; this wall placement does require negotiations between the applicant and the Homeowner's Association; this project will not change the nature of Fremont Street, other than to provide better drainage; and the Community Development Director will make sure the height of the sound /privacy wall at Los Angeles Avenue provides adequate screening. A discussion followed among the Council and staff regarding the language of Condition No. 24 and whether it is flexible enough to guarantee the height and placement of the wall to preclude trash accumulation. The consensus of the Council was to have the language of Condition No. 24 provide flexibility to the Community Development Director to have discretion over the height, type, and placement of the wall in working with the applicant and the Homeowner's Association. In response to Council, Mr. Hogan stated that Condition No. 29 would be added to require, to the satisfaction of the Community Development Director, the location of natural vegetation in the transition area to the Arroyo Simi at the southern portion of the development; the two vacant lots on Fremont Street are under contract for future development by Shea Homes; access to a future trail system would be from the parking areas along the south portion of this property, as well as the possibility of converting the access road along the top edge of the basin adjacent to this property to a future multi -use trail; and a condition could be added to require a gate opening from this development to the Arroyo for access to any future trail development. In response to Councilmember Mikos, Mr. Seemann stated that the concept of adding a gate for future access is feasible. He also stated he would not mind a condition requiring the gate; however, it must be understood that they may not be able to perform due to the County of Ventura's requirements. Mr. Hogan stated that the requirement would be to provide the gate in anticipation of gaining future Minutes of the City Council Moorpark, California Page 11 July 2, 2003 access; therefore, there would be no delays to this project. A discussion followed among the Council and staff regarding the addition of a condition using language from previously approved projects required to install access gates. It was the consensus of the Council to add Condition No. 30 for the access gate. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to adopt Resolution No. 2003- 2106 approving Minor Modification No. 3 to RPD No. 98 -01 and Minor Modification No. 3 to VTTM No. 5133 subject to Conditions of Approval, as amended to: 1) Modify Condition No. 22 to allow the Community Development Director to increase the sound wall height along the eastern property line to 8 -feet, if necessary; 2) Modify the language of Condition No. 24 to provide flexibility to the Community Development Director to have discretion over the location, final design, and construction of the wall along the western boundary; 3) Add Condition No. 29 to require the landscape plan shall incorporate, to the satisfaction of the Community Development Director, natural vegetation in the transition area to the Arroyo at the southern portion of the development; and 4) Add Condition No. 30 to require the installation of a gate in the southern project boundary fence /wall for access to the Arroyo by the project residents in the event that a trail is installed. The motion carried by unanimous voice vote. B. Consider Conditional Use Permit (CUP) No. 2003 -04, a Request to Allow the Sale and Consumption of Alcoholic Beverages (in Addition to Beer and Wine) in Conjunction with Food Service at the Moorpark Country Club Golf Course and Clubhouse, 11800 Championship Drive, on the Application of Moorpark Country Club (Toll Brothers, Inc.). Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2003 - conditionally approving CUP No. 2003 -04. Mr. Hogan gave the staff report. Minutes of the City Council Moorpark, California Paqe 12 July 2, 2003 In response to Councilmember Harper, Mr. Hogan stated that the language of Condition No. 6 would be modified to clarify the difference between nightly entertainment versus entertainment that accompanies a temporary event and any corresponding requirement for a Conditional Use Permit. In response to Mayor review the requireme one security guard consistent with the City facilities, to case -by -case basis. Hunter, Mr. Hogan stated he would nt in Condition No. 4, to provide for every 50 people, which is current City policy when renting see if it could be handled on a Councilmember Parvin concurred with Councilmember Harper that Condition No. 6 is unclear; concurred with Mayor Hunter that Condition No. 4 should provide more flexibility by raising the number of people per security guard; and stated that the 90 -day lead time for applying for a temporary use permit is also too restrictive. She further stated that Condition No. 13 is possibly too restrictive and an exception should be made for New Year's Eve. Mayor Hunter opened the public hearing. Mike Nix, General Manager of the Moorpark Country Club, spoke on behalf of Toll Brothers, Inc., 11800 Championship Drive, Moorpark, and stated that the requirement for security guards is more than what is really needed; prohibiting the sale of liquor after midnight is acceptable, if an exception could be made for New Year's Eve; and 90 -days notice to apply for a Use Permit is very restrictive, since some meetings are scheduled with only two days notice and of course no one can pre - schedule an event such as a wake. In response to Councilmember Parvin, Mr. Nix stated that the industry standard does not require a Use Permit for functions of up to 200 -300 people; and nearby clubs do not typically have this requirement. Liz Gherna, representative from Beverage License Solutions, Inc. for the Moorpark Country Club, 11800 Championship Drive, Moorpark, stated that the CUP is incredibly prohibitive; requested that Condition Nos. 4 and 6 be reworded; and indicated that Condition No. Minutes of the City Council Moorpark, California Page 13 July 2, 2003 13 would be acceptable with an exception for New Year's Eve. A discussion followed among Council and staff regarding clarifying the language in Condition Nos. 4 and 6 to indicate that the restrictions are not intended for any event associated with the golf course, but are in regard to stand -alone events; setting parameters for 50 -100 guests; reducing the processing time for the application to 14 -days; and modifying Condition No. 13 to allow for liquor service after midnight on New Years Eve. Mr. Hogan stated that there is some concern when the type of event is unknown and staff is rushed into coordinating different licensing groups; it is beneficial to have a standard set of conditions for compliance; and then deal with events outside those parameters, such as proms, weddings, or wakes, to craft conditions outside of the standard. Councilmember Harper stated that he does not want to over regulate the use of private property; and asked if Condition Nos. 4 and 6 could be crafted to respond to the number of complaints received and then implement accelerated enforcement, if needed. Mr. Hogan stated that the conditions could be crafted for all events to require the applicant to maintain adequate licenses for health and food service, to meet the occupancy requirements, and to provide for onsite /offsite traffic control; and then when events exceed 200 participants, come to the City to apply for a Temporary Use Permit within a 30 -day limit. A discussion followed among the Council, staff and the applicant focusing on what numbers of participants should trigger the need for a permit; expanding the hours for special events; revisiting the number of security guards required; and including flexibility in re- crafting Condition Nos. 4, 6 and 13. Mr. Kueny recommended that rather than making unilateral changes to these conditions without due process, it would be best to allow the Community Development Director to work with the applicant and Minutes of the City Council Moorpark, California Page 14 July 2, 2003 the City Attorney and have the Resolution come back on the Consent Calendar on August 20tH In response to Mayor Hunter, Mr. Nix stated that this would be acceptable. Mayor Hunter closed the public hearing. CONSENSUS: It was the consensus of the Council to amend Condition Nos. 4, 6, and 13, after discussions between the Community Development Director, the applicant, and the City Attorney; and present the Resolution on the Consent Calendar for August 20, 2002. C. Consider Minor Modification No. 5 to Resolution 96- 1197 (General Plan Amendment (GPA) No. 94 -01, Residential Planned Development Permit (RPD) No. 94- 01, Conditional Use Permit (CUP) No. 94 -01 and Vesting Tentative Tract Map (VTTM) No. 4928), Generally Between Grimes Canyon Road and Walnut Canyon Road Adjacent to Championship Drive, on the Application of Toll Brothers, Inc. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Approve revisions to the Design Guidelines per the staff report; and 3) Adopt Resolution No. 2003 -2107 approving Minor Modification No. 5 to Resolution 96 -1197 (GPA No. 94 -01, RPD No. 94 -01, CUP No. 94 -01, and VTTM No. 4928) subject to Conditions of Approval. Mr. Hogan gave the staff report. Mayor Hunter opened the public hearing. Craig Messi, representing Toll Brothers, 7142 Trivino Drive, Moorpark, stated that the applicant concurs with the Conditions of Approval, and he is available for questions. A. DeeWayne Jones, a Moorpark resident, spoke in support of the project. Mayor Hunter closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to: 1) Approve revisions to the Design Guidelines per the agenda report; and 2) Adopt Minutes of the City Council Moorpark, California Paqe 15 Julv 2, 2003 Resolution No. 2003 -2107 approving Minor Modification No. 5 to Resolution 96 -1197 (GPA No. 94 -01, RPD No. 94 -01, CUP No. 94 -01, and VTTM No. 4928), subject to Conditions of Approval. The motion carried by unanimous voice vote. 9. PRESENTATION /ACTION /DISCUSSION: AT THIS POINT in the meeting, Item 9.E. was heard. E. Consider Request by the Moorpark High School Academic Decathlon Team for Funds to Sponsor Travel to Sacramento, California and Washington, D.C. In response to Councilmember Harper, Mr. Geiger stated that the shortfall in funds for travel is $3,000. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. A brief discussion followed among the Councilmembers regarding the achievement of the Academic Decathlon team and this very worthwhile activity. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to approve the request for $3,000 from the General Fund Reserve for travel costs associated with the Moorpark High School Academic Decathlon team's July 2003 events in Sacramento, California, and Washington D.C. The motion carried by unanimous roll call vote. A. Consider the Proposals for Geographic Information Systems (GIS) to Provide Computer Based Mapping and Data. (Continued from June 4, 2003) Staff Recommendation: Accept the proposal from Geographic Data and Management Solutions (GDMS) in the amount of $25,713.69 to develop a Geographic Information System for the City and authorize the City Manager to negotiate and sign an agreement on the City's behalf for the initial setup and ongoing service. Ms. Borchard gave the staff report. Councilmember Harper stated this is not an appropriate use of the CLEEP funds and the General Fund would be a better source. Minutes of the City Council Moorpark, California Paae 16 July 2, 2003 In response to Mayor Hunter, Captain Diaz stated he was not familiar with how law enforcement would use the GIS system. In response to Councilmember Harper's comments that law enforcement would only use a small portion of the mapping system, Mr. Hogan stated that it would allow the Police Department to view where the frequency of crimes is occurring and expand the use of patrol vehicles. Mr. Kueny recommended using up the CLEEP Fund balance now, and if another law enforcement technology need is identified later, funds could be substituted from the Reserve Fund. In response to Councilmember Mikos, Mr. Riley stated that there is no certain date to spend the CLEEP funds; however, it would be best to complete this commitment before Sacramento takes the funds retroactively. Councilmember Millhouse stated he would defer to the expertise of staff and support the recommendation. Mayor Hunter stated that he can also support the recommendation, since once fully implemented by staff, the GIS program use will be expanded by the Police Department to become an effective law enforcement tool. Karl Geiger, a Moorpark resident, asked if the ownership price of the software provides for maintenance and updates to the GIS data base. Ms. Borchard stated that the package includes maintenance. Mr. Hogan stated that updates to the GIS data base will be through the Assessor Parcel Map System contract the City has with the County of Ventura. In response to Councilmember Parvin, Mr. Hogan stated that consideration will be given to charging fees for use of the GIS system during a full review of all fees and deposits. Minutes of the City Council Moorpark, California Page 17 July 2, 2003 Councilmember Parvin stated she could see this system playing an important role in the Police Department for tracking crime within the City. Councilmember Mikos stated providing this service to the application process easier. she likes the idea of public to make the whole In response to Councilmember Mikos, Councilmember Parvin stated that she was interested in charging fees to developers, not the public. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to accept the proposal from Geographic Data and Management Solutions (GDMS) in the amount of $25,713.69 to develop a Geographic Information System for the City and authorize the City Manager to negotiate and sign an agreement on the City's behalf for the initial setup and ongoing service. The motion carried by voice vote 4 -1, with Councilmember Harper dissenting. Councilmember Harper stated that the purchase of the software is an excellent acquisition for the City; however, he is having difficulty justifying the use of CLEEP funds, and would like to have seen the funds used for something more closely related to direct law enforcement. B. Consider Proposed Priority Processing of General Plan Amendment Pre - Screening Applications Nos. 2003 -02 and 2003 -03, Zone Changes, Residential Planned Developments and Tentative Tract Maps, Development Agreement and Other Related Entitlement Applications for the Husted and Mazur Properties on the Application of Toll Brothers. Staff Recommendation: Remove the Toll Brothers applications, both Husted and Mazur, from the General Plan Amendment Pre - Screening process and authorize processing of the General Plan Amendments and zone changes and related entitlements consistent with the agenda report. Mr. Hogan gave the staff report. Craig Messi, representing Toll Brothers, 7142 Trevino Drive, Moorpark, stated that the applicant concurs with staff's recommendation for fast tracking. Minutes of the City Council Moorpark, California Page 18 July 2, 2003 Mayor Hunter stated that as a member of the Ad Hoc Committee, he is in favor of this plan as it provides a comprehensive build -out for the northern part of the City, and he will support staff's recommendation. Councilmember Mikos, also a member of the Ad Hoc Committee, stated that she agrees to move forward to achieve a comprehensive build -out. MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to remove the Toll Brothers applications, both Husted and Mazur, from the General Plan Amendment Pre - Screening process and authorize processing of the General Plan Amendments and zone changes and related entitlements consistent with the agenda report. The motion carried by unanimous voice vote. C. Consider Approval of an In -House City Engineer Position. Staff Recommendation: Approve City Engineer position and authorize City Manager to proceed with recruitment and selection process. Mr. Kueny gave the staff report. In response to Councilmember Mikos, Mr. Kueny stated that the recruitment period will end before September 1St, followed by the selection process and hiring, and the anticipated start date would be in late 2003 or early 2004. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Councilmember Harper on the competence Engineer. The also so as to require directly to the City recommendation. stated that this is no reflection of the current contract City stated the City is of such a size in -house management who report Manager, and he will support the MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to approve the City Engineer position and authorize the City Manager to proceed with recruitment and selection process. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Paae 19 Julv 2, 2003 D. Consider Award of Contract for Construction Management Services for the Police Services Center Project to Rollins Consulting, Inc. in the Amount of $430,000. Staff Recommendation: Authorize the award of a contract to Rollins Consulting, Inc. in the amount of $430,000 and approve the Agreement for Professional Services subject to final language approval by the City Manager. Mr. Riley gave the staff report and stated that Mr. Rollins and Kevin Mitchell are available for questions. In response to Councilmember Harper, Mr. Riley stated that the reason this company was selected for the job, even though their cost is higher, is due to the number of on -site management hours this firm will be dedicating to the project. He went on to state that it takes a significant amount of staff time if there is not competent management in the field. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to authorize the award of a contract to Rollins Consulting, Inc., in the amount of $430,000 and approve the Agreement for Professional Services subject to final language approval by the City Manager. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to approve the Consent Calendar with the exception of the minutes of February 27, July 17, and September 4, 2002, of Item 10.A., which were pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of September 18, 2002. Consider Approval of Minutes of Regular Meeting of April 16, 2003. Consider Approval of Minutes of Special Meeting of May 17, 2003. Minutes of the City Council Moorpark, California Page 20 July 2, 2003 Consider Approval of Minutes of Regular Meeting of Ma 21, 2003. Consider Approval of Minutes of Regular Meeting of June 4, 2003. Consider Approval of Minutes of Special Meeting of June 18, 2003. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - July 2, 2003. Manual Warrants Voided Warrant Payroll Liability Warrants 113135 - 113136 & $ 37,662.79 $ 0.00 113130 - 113134 $ 2,590.17 Regular Warrants 113137 - 113258 & $ 373,260.63 Staff Recommendation: Approve the warrant register. C. Consider First Amendment to Regulatory Agreement for Vintage Crest Senior Apartments, L.P. Modifying Legal Description of the Project Site. Staff Recommendation: Approve the subject Amendment and authorize the City Manager to sign the Amendment, subject to final language approval by the City Manager and the City Attorney. D. Consider Agreement with Calleguas Municipal Water District Pertaining to Certain Improvements Required for the Widening of Los Angeles Avenue at Shasta Avenue. Staff Recommendation: 1) Approve a project for the City to undertake the Los Angeles Avenue improvements described in the staff report, with all costs to be reimbursed by the developer of Tract 5053; 2) Authorize the City Manager to execute a Reimbursement Agreement with Pacific Communities for the reimbursement of City costs for the above described work, subject to final language approval by the City Manager and City Attorney; and 3) Approve the subject Agreement with Calleguas, subject to final Minutes of the City Council Moorpark, California Page 21 July 2, 2003 language approval by the City Manager and the City Attorney. E. Consider Notice of Completion for the 2002 Curb Ramp Project. Staff Recommendation: Accept the work as complete. F. Consider Resolution Amending the Salary Plan for Competitive Service, Non - Competitive Service, and Hourly Employees and Rescinding Resolution No. 2002- 2041. Staff Recommendation: Adopt Resolution No. 2003 -2108. G. Consider Rejection of Claim: Elaine Michaels. Staff Recommendation: Reject the claim and direct staff to send a standard rejection letter to the claimants. H. Consider Approval of an Early Grading Permit for Final Map Phases 2 and 3 of Tentative Tract Map No. 5161, Located at the Southwest Corner of Gisler Road and Poindexter Avenue, on the Application of Cabrillo Economic Development Corporation. Staff Recommendation: Authorize the City Manager to approve an Early Grading Agreement for Phases 2 and 3 of Tract No. 5161. I. Consider Use of California Law Enforcement Eauioment Program (CLEEP) Grant for 2003/04 Fiscal Year. Staff Recommendation: 1) Approve CLEEP expenditure plan; and 2) Adopt Resolution No. 2003 -2109, amending the 2003/2004 operating budget to appropriate CLEEP funds. ROLL CALL VOTE REQUIRED The following items were pulled from Item 10.A. for individual consideration: 10. A. Consider Approval of Minutes of Special Meeting February 27, 2002. Consider Approval of Minutes of Regular Meeting of July 17, 2002. Consider Approval of Minutes of Regular Meeting of September 4, 2002. Councilmember Harper stated that he had not been present for the meetings of February 27, July 17, and Minutes of the City Council Moorpark, California Page 22 July 2, 2003 September 4, 2002, and would be abstaining from the vote. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to approve the minutes of February 27, July 17, and September 4, 2002. The motion carried by voice vote 4 -0, with Councilmember Harper abstaining. 11. ORDINANCES: A. Consider Ordinance No. 294, An Ordinance of the Cit of Moorpark, California, Authorizing an Amendment to the Contract between the City Council of the City of Moorpark and the Board of Administration of the California Public Employees' Retirement System (CalPERS). Staff Recommendation: Declare Ordinance No. 294 read for the second time and adopted as read. Ms. Traffenstedt read the title of Ordinance 294. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to waive further reading of Ordinance No. 294. The motion carried by unanimous voice vote. MOTION: Councilmember Mikos moved and Councilmember Harper seconded the motion to declare Ordinance No. 294 read for a second time and adopted as read. The motion carried by unanimous voice vote. 12. CLOSED SESSION: Mr. Kueny requested that the City Council go into closed session for one case under Item 12.A. He announced that the facts and circumstances creating significant exposure to litigation, which facts and circumstances are know to potential plaintiffs, consist of a City employment issue and the possible resolution and settlement of that issue. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to adjourn to closed session for a discussion of one case under Item 12.A. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 23 July 2, 2003 A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) AT THIS POINT in the meeting, a recess was declared. The time was 10:55 p.m. The Council reconvened into closed session at 11:02 p.m. Present in closed session were Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter; Steven Kueny, City Manager; Bradley Wohlenberg, Assistant City Attorney (via telephone conference call); and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 11:14 p.m. Mr. Kueny verbally reported that one case under Item 12.A. was discussed, and that the City Council by unanimous voice vote authorized the City Manager to accept and approve a Separation and Release Agreement with an employee, the substance of which is intended to permit retirement pursuant to Government Code Section 20903. 13. ADJOURNMENT: Mayor Hunter adjourned tr ATTEST: Deborah S. Traffenste City Clerk