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HomeMy WebLinkAboutMIN 1999 0616 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California June 16, 1999 A Regular Meeting of the City Council of the City of Moorpark was held on June 16, 1999, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7:19 p.m. 2. INVOCATION: A silent moment of reflection was held. 3. PLEDGE OF ALLEGIANCE: Mr. Loftus led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Evans, Harper, Rodgers, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; John Nowak, Assistant City Manager; Cheryl Kane, City Attorney; Wayne Loftus, Acting Director of Community Development; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Captain Mike Lewis, Sheriff's Department; Don Reynolds, Administrative Services Manager; Deborah Traffenstedt, City Clerk; and Blanca Garza, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Recognize City Park Essay Contest Winners (Shane Johnson and Matt Shenkman). Mayor Hunter introduced Shane Johnson, who read his essay. Mayor Hunter then presented a certificate to Mr. Johnson. B. City Manager's Monthly Report Mr. Kueny stated that the monthly report would be deferred. Minutes of the City Council Moorpark, California Page 2 6. PUBLIC COMMENT: June 16, 1999 June Dubreuil, 4236 Laurel Glen Drive, addressed the Council regarding the July 3 Celebration and indicated disappointment that the event would not occur. She requested the Budget and Finance Committee consider reinstating the event with the passage of the Parks and Recreation Maintenance Assessment. AT THIS POINT in the meeting, a recess was declared to convene the Redevelopment Agency. The time was 7:25 p.m. The Council reconvened at 7:28 p.m. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.) Councilmember Evans suggested that the agenda be reordered to take Item 9.F. before Item 9.A. CONSENSUS: By consensus, the Council determined to take Item 9.F. prior to Item 9.A. Mr. Kueny stated that staff would be requesting continuance of Item 9.B. to July 7 or July 21, 1999, and that the applicant concurred with the continuance. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: None. 9. PUBLIC HEARINGS: F. Consider Approval of Resolution No. 99 -1625, Approvin the Assessment Engineer's Report, the Parks and Recreation Maintenance and Improvement Assessment District Mail Ballot, and Date for Public Hearing. Staff Recommendation: 1) Open the public hearing, receive testimony, and close the public hearing; 2) Direct that the ballots be counted; and 3) If the number of votes (weighted) in support of the assessment exceed the number of votes (weighted) in opposition, adopt Resolution No. 99 -1625 approving the Engineer's Report, confirm the district boundaries, and order the levy of the assessment for FY 1999/00. Ms. Lindley gave the staff report. In response to Councilmember Evans, Ms. Lindley explained the tabulation process. Minutes of the City Council Moorpark, California Page 3 June 16, 1999 Mayor Hunter opened the public hearing. There being no one wishing to speak, the public hearing was closed. CONSENSUS: By consensus, the item was tabled to allow for tabulation of the ballots. The time was 7:35 p.m. A. Consider General Plan Amendment No. 96 -1, Zone Change No. 96 -2, Vesting Tentative Tract No. 5053, Residential Planned Development Permit No. 96 -1, and Development Agreement No. 98 -2 (Pacific Communities) Relating to Proposal for 303 Residential Lots Located on the South Side of Los Angeles Avenue in the Vicinity of Goldman and Shasta Avenues (Assessor Parcel Nos.: 506 -0 -03 -135, 145, 155, 165 and 185). (Continued from June 2, 1999, with Public Hearing Closed) Staff Recommendation: 1) Adopt Resolution No. 99 -1620, approving General Plan Amendment No. 96 -1; 2) Declare Ordinance No. 256, approving Zone Change No. 96 -2, read for the second time and adopted as read; 3) Adopt Resolution No. 99 -1621 approving Vesting Tentative Tract No. 5053 and Residential Planned Development Permit No. 96 -1; and 4) Declare Ordinance No. 257, approving the Development Agreement, read for the second time and adopted as read. Mr. Loftus gave the staff report. He recommended the Council delete the sentence on stamped page 2 reading: "Completion of an interim storm drain facility is required at this location by the applicant." He indicated the applicant concurred with the recommendation. He suggested allowing the applicant to respond to the issue of the gate across from the service road and the proposed recreation facilities. He stated revised Residential Planned Development conditions were provided in a memorandum to the Council dated June 16, 1999, pertaining to floor plan requirements. In response to Mayor Hunter, Mr. Loftus clarified the actions to be taken by the Council and indicated that the applicant had concurred with the amendments as indicated. In response to Councilmember Harper, Mr. Loftus stated the Archstone project and the current proposal would constitute two General Plan Amendments for the year. In response to Mayor Hunter, Elaine Freeman, 2509 E. Thousand Oaks Blvd., read a letter from Nelson Chung, the — applicant. She stated the applicant accepts the conditions regarding the flood control channel right -of- way. She stated the applicant preferred to maintain one pool, but if the Council preferred a separate wading pool they would comply. Minutes of the City Council Moorpark, California Page 4 June 16, 1999 In response to Mayor Hunter, Mr. Kueny explained the possibility of the Flood Control District's acquisition of right -of -way for widening the channel. He provided the Council with a copy of draft language for a condition of approval requiring the applicant to construct a wall along the Maureen Lane properties adjacent to the Arroyo Simi prior to final occupancy of the project if the Flood Control District had acquired the right of way. In response to Councilmember Harper, Mr. Kueny recommended slump stone should be utilized for the walls to insure a uniform appearance. Councilmember Harper explained that having a single wall treatment would benefit both the applicant and the City. CONSENSUS: By consensus, the Council determined to include the condition of approval for the wall along Maureen Lane properties adjacent to the Arroyo Simi. Councilmember Harper suggested wading pools be included as a standard condition for projects with a large number of children. CONSENSUS: By consensus, the Council determined to require a 20 -foot wide wading pool as a condition of approval for the project. Councilmember Evans discussed his concerns with the additional traffic on Los Angeles Avenue that would be created by the project and asked what the City could do to reduce the burden. Mr. Kueny stated the project would contribute to the expansion of Los Angeles Avenue to three travel lanes. Councilmember Harper stated that traffic on Los Angeles Avenue is a regional problem. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to adopt Resolution No. 99 -1620, approving General Plan Amendment No. 96 -1. The motion carried by unanimous voice vote. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 99 -1621 as amended, approving Vesting Tentative Tract No. 5053 and Residential Planned Development Permit No. 96 -1. The motion carried by unanimous voice vote. Ms. Kane read the title of Ordinance No. 256. Minutes of the City Council Moorpark, California Page 5 June 16, 1999 MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to waive further reading and read the ordinance title only. The motion carried by unanimous voice vote. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adopt Ordinance No. 256 on second reading. The motion carried by unanimous voice vote. Ms. Kane read the title of Ordinance No. 257. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to waive further reading and read the ordinance title only. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to adopt Ordinance No. 257 on second reading. The motion carried by unanimous voice vote. B. Consider the Moorpark Highlands Specific Plan Project (Specific Plan 95 -2 /Specific Plan No. 2, General Plan Amendment No. 95 -2, and Zone Change 95 -4); Mitigation Monitoring Program; Statement of Overriding Considerations. Applicant: Morrison - Fountainwood- Agoura. (Continued From April 21, 1999, with Public Hearing Open) Staff Recommendation: 1) Accept further testimony and continue the public hearing open to a date certain, and request the Ad Hoc Committee and staff to return with a proposed Development Agreement Ordinance (July 21 or August 18, 1999). Mayor Hunter stated that there were no public speakers and he asked if there was consensus to continue the public hearing to July 7 or July 21, 1999. CONSENSUS: By consensus, the Council determined to continue Item 9.B. to July 7, 1999. C. Supplemental report Regarding Final Changes to the Engineer's Report for AD84 -2 and Adoption of a Resolution Confirminq the Assessment Amounts for Fiscal Year 1999/2000. Continued from June 2, 1999, with Public Hearing Closed) Staff Recommendation: 1) Make the changes to the Engineer's Report listed in Exhibit 2A (if the Zone 12 Ballots are opposed to the assessment, it is recommended that the changes in Exhibit 2B be approved); 2) Make any other final desired changes to the Engineer's Report and to the proposed assessments for FY 1999/2000; and 3) Adopt the attached Resolution No. 99- (Exhibit Minutes of the City Council Moorpark, California Page 6 June 16, 1999 4) making certain changes to AD 84 -2 and confirming the assessments for Fiscal Year 1999/00. Mr. Gilbert gave the staff report. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to continue the item to June 23, 1999. The motion carried by unanimous voice vote. D. Consider Request by Archstone Communities for Approval of General Plan Amendment No. 97 -3 for a Change in the Land Use Designation of the General Plan from General Commercial (C -2) to Very High Density Residential (VH), Zone Change No. 97 -7 to Change the Zoning Designation of the Property from CPD (Commercial Planned Development) to RPD 16.2 (Residential Planned Development 16.2 Units per Acre Maximum) Residential Planned Development Permit No. 97 -1 for Construction of 312 Apartment Units, on Property Located on the West Side of Moorpark Avenue, South of Los Angeles Avenue Adjacent to the Arroyo Simi (APN 506 -0- 050 -275). (Continued from June 9, 1999, with Public Hearing Closed) Staff Recommendation: 1) Adopt Resolution No. 99- approving General Plan Amendment No. 97 -3; 2) Introduce Ordinance No. 258, approving Zone Change No. 97 -7, for first reading; and 3) Adopt Resolution No. 99- approving Residential Planned Development Permit No. 97 -1. Mr. Loftus gave the staff report. Mr. Kueny suggested the Council defer the resolution approving the General Plan Amendment to June 23, 1999. He requested the Council provide direction on the conditions of approval for the project. In response to Mayor Hunter, Mr. Kueny stated the issue of the wading pool had been resolved. He stated parking on perimeter streets needed to be addressed. Mr. Loftus stated the applicant was agreeable to no parking but requested being allowed to work with the residents for implementation of the no parking restriction. Mayor Hunter stated it was reasonable to provide a time period, such as 90 days, as advance notice before implementing the parking restriction. —" Mr. Kueny stated the applicant could be conditioned to reimburse the City for the cost of changing the parking signs or direct staff to implement the condition by a date certain. Minutes of the City Council Moorpark, California Page 7 June 16, 1999 In response to Councilmember Rodgers, Mr. Kueny suggested allowing continued parking along Majestic Court. CONSENSUS: By consensus, the Council determined to require the applicant to post "No Parking" signs 90 days prior to the beginning of grading of the project. In response to Councilmember Evans, Mr. Kueny stated the applicant could be conditioned to reimburse the City for the cost of the signs prior to issuance of the grading permit. Mr. Kueny recommended continuance of the General Plan Amendment and Residential Planned Development Permit resolutions to an adjourned meeting on June 23. CONSENSUS: By consensus, the Council continued adoption of the General Plan Amendment and Residential Planned Development Permit resolutions to the adjourned meeting of June 23, 1999. Ms. Kane read the title of Ordinance No. 258. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to waive further reading and read the ordinance title only. The motion carried by unanimous voice vote. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to introduce Ordinance No. 258 on first reading. The motion carried by unanimous voice vote. E. Consider Request by Archstone Communities for Development Agreement No. 97 -1 for Property Located on the West Side of Moorpark Avenue, South of Los Angeles Avenue Adjacent to the Arroyo Simi (APN. 506 -0- 050 -275). (Continued from June 9, 1999, with Public Hearing Open) Staff Recommendation: 1) Close the public hearing on Draft Development Agreement 97 -1; 2) Introduce Ordinance No. 259, approving Development Agreement No. 97 -1 between the City of Moorpark and Archstone Communities, for first reading. Mr. Kueny gave the staff report. He provided an explanation of the various changes. In response to Councilmember Evans, Mr. Kueny explained the hardship provisions. He stated the ad hoc committee had discussed the means of administration of the affordable units and the role of the City with the applicant. Minutes of the City Council Moorpark, California Page 8 June 16, 1999 In response to Councilmember Rodgers, Councilmember Evans stated that income qualifications of those residents occupying the affordable units should be reviewed periodically to ensure availability of affordable housing for those in need. Mr. Kueny stated the affordable housing details would be worked out with the applicant. He suggested a provision to allow the City to add additional, reserved affordable units to be funded by the City. In response to Mayor Hunter, John Luedke, representing Archstone Communities, 217 Technology Drive, Santa Clarita, indicated concurrence with the Development Agreement as amended. Mayor Hunter closed the public hearing. Ms. Kane read the title of Ordinance No. 259. MOTION: Councilmember Rodgers moved and Councilmember Harper seconded a motion to waive further reading and read the ordinance title only. The motion carried by unanimous voice vote. MOTION: Councilmember Rodgers moved and Councilmember Harper seconded a motion to introduce Ordinance No. 259 on first reading. The motion carried by unanimous voice vote. G. Consider Certification of the Tabulation of Ballots Received Regarding the Proposed Levy of Landscape Maintenance Assessments upon the Properties within Zone 12 of Assessment District 84 -2 - Carlsberg Specific Plan. Staff Recommendation: 1) Certify the tabulation of ballots received pertaining to the levy of assessments within Zone 12 (Carlsberg Specific Plan area) of Assessment District 84 -2, finding the results of said Ballot to be in favor of said future assessment; 2) Direct staff to include in the final amended Engineer's Report for AD84 -2 for FY 1999/00, the assessment amounts for Zone 12 identified in the staff report; and 3) Authorize the City Manager to accept for maintenance the landscape improvements identified in Section C of this report, upon completion of the requirements for same as discussed in Section K of this report, provided any such acceptance does not occur prior to July 1, 1999, and provided a Zone 12 assessment for FY 1999/00 is levied by the City Council. Minutes of the City Council Moorpark, California Page 9 June 16, 1999 Mr. Gilbert suggested the item be continued to June 23, 1999. Mayor Hunter stated that there were no public speakers. MOTION: Councilmember Rodgers moved and Councilmember Harper seconded a motion to continue the open public hearing to June 23, 1999. The motion carried by unanimous voice vote. H. Consider Zone Change 99 -2, Tentative Tract Map No. 5201, and Residential Planned Development Permit No. 99 -3 (Peach Hill, LLC) Relating to Proposal for 10 Residential Lots Located at the Northeast Corner of Rolling Knoll Road and Peach Hill Road (Assessor Parcel No.: 507- 0 -302- 180). Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing on Zone Change No. 99 -2, Tentative Tract Map No. 5201 and Residential Planned Development Permit No. 99 -3; 2) Review, consider and approve the Negative Declaration; 3) Introduce Ordinance No. 260 approving Zone Change No. 99- 2 for first reading; and 4) Adopt Resolution No. 99 -1622 approving Tentative Tract Map No. 5201, and Residential Planned Development No. 99 -3. AT THIS POINT in the meeting, Councilmember Rodgers left the dais due to a potential conflict of interest. The time was 8:25 p.m. Mr. Loftus gave the staff report. In response to Mayor Hunter, Mr. Loftus summarized the proposed condition of approval pertaining to affordable housing. He also discussed setback requirements and stated all units would have a minimum 15 -foot wide sideyard setback. Mayor Hunter opened the public hearing. Tina Hare, representing Peach Hill LLC, 3869 Hidden Pines Court, described the proposed project. She discussed landscape requirements and incentives. She discussed a proposed in -lieu affordable housing fee. She requested the affordable housing and Transportation Systems Management (TSM) fees be waived. Joel Silverman, Archstone Communities project engineer, 23801 Calabasas Road, Calabasas, indicated he was available to answer questions. Arthur Doring, 13668 Grand Isle Drive, indicated his concerns with recreational vehicle (RV) access due to the Minutes of the City Council Moorpark, California Page 10 June 16, 1999 difference in grade. He stated the adjacent homeowners would be impacted. Mayor Hunter stated a proposed condition of approval would prohibit breaking the wall along Peach Hill Road, therefore, RV access would not be feasible. Mr. Doring also stated that there may be a 10 -inch gas main along Peach Hill Road that should be investigated before construction. He stated the project would be an asset to the community. Steve Hull, representing Creative Woodworks and S &D Development (no address given), indicated he was available to answer questions. Michael Dublan, representing S &D Development, 2584 Alicante Court, Camarillo, indicated he was available to answer questions. In response to Mayor Hunter, Mr. Loftus explained the intent of the proposed condition language was to eliminate the possibility of access through both Peach Hill and Rolling Knoll Roads. In response to Councilmember Harper's question regarding the sideyard setbacks, Mr. Loftus stated the applicant has attempted to ensure privacy through opaque glass and the height of the window sills. He stated the depth of the lot also justifies the size of the sideyard setbacks. Councilmember Harper suggested reviewing the criteria established in the Zoning Ordinance for residential setbacks at a subsequent meeting. Mr. Kueny stated the matter would be added to the list of items for study of Zoning Code amendments. Mayor Hunter stated that variances for setbacks were continually granted and questioned the feasibility of the Zoning Code residential setback requirements. In response to Councilmember Wozniak, Mr. Loftus explained that the adjacent property line wall has open cells, so rebar could potentially be added to increase the height of the wall. He suggested that the applicant could respond to the question regarding whether the foundation was adequate to support additional height. Minutes of the City Council Moorpark, California Page 11 June 16, 1999 In response to Mayor Hunter, Mr. Dublan stated that the City Building inspector had found the wall footing to be adequate to support the additional height. In response to Mayor Hunter, Mr. Loftus stated the final design for project walls was adequately addressed by the proposed conditions of approval. In response to Councilmember Harper, Mr. Loftus stated the Planning Commission had desired to allow flexibility on maintenance of the common area. He stated a homeowners association (HOA) was not feasible. Mr. Kueny suggested the applicant indicate their desire for method of maintenance. Ms. Hare stated they were requesting being placed into a landscape maintenance district (LMD). Mr. Kueny concurred that an assessment district would be easier and less expensive than annexing to an adjacent HOA. In response to Councilmember Harper, Ms. Hare stated discussions had ensued regarding annexation into the adjacent HOA, but that the existing HOA was already having trouble with maintenance. She also stated there was a possibility of the adjacent HOA joining in a LMD. Mr. Kueny stated the condition could be rewritten to effectuate the LMD. Councilmember Wozniak stated that the City has typically required front yard landscaping and that this development should be required to include front yard landscaping. He also stated the TSM fee was not appropriate but that the affordable housing fee should be required. He suggested waiving the TSM fee and reducing the affordable housing to $2,700 per dwelling unit, the amount that would have been paid as the TSM fee. In response to Councilmember Harper, Mr. Loftus explained TSM fees for other projects. He stated the fee was based on an Air Pollution Control District formula. He described how the TSM fees could be utilized. In response to Councilmember Evans, Mr. Loftus explained the difference in the proposed TSM fee from that of other recently approved residential projects. Minutes of the City Council Moorpark, California Page 12 June 16, 1999 Mr. Kueny suggested a potential compromise would be to charge $.15 per square foot for the project, as is done for commercial and industrial projects. Councilmember Harper stated that all projects have a cumulative air quality impact; therefore, a TSM fee should be charged for all projects. He suggested reviewing how the fees are being utilized as a future agenda item. Councilmember Wozniak stated the $2,736 fee did not make sense. He stated his concern was with imposing the same fee on a 10 -unit project as on a 500 -unit project. Councilmember Evans suggested a threshold be established for imposing affordable housing fees. He suggested waiving the affordable housing requirements for this project, since the project would provide public benefit by allowing the School District to generate income from the sale of the property. Councilmember Wozniak stated he concurred with setting a threshold for the affordable housing fee and waiving such fee for this project. Mayor Hunter stated the Affordable Housing /Community Development Committee could provide a recommendation to the Council. Councilmember Harper stated that smaller projects are not penalized, since they pay the fee based on the number of units. Mayor Hunter discussed the Agoura Hills affordable housing policy. Councilmember Harper suggested that whatever policy is recommended by the Affordable Housing /Community Development Committee and adopted by the Council be applied to the project. Mr. Kueny stated the Council could include in the conditions of approval that if such policy is not in effect at the point in time that the applicant seeks the first building permit, the project will be exempted from the affordable housing fee requirement. He stated the maximum fee amount could be included. Councilmember Evans stated the applicant should know the amount of the fee if it is to be applied. Minutes of the City Council Moorpark, California Page 13 June 16, 1999 Councilmember Harper suggested the fee not exceed $3,000 per dwelling unit, if applied. Councilmember Evans stated that fee was unrealistic for the size of the project. Councilmember Harper stated the fee was proportional to other projects and that there was no rationale for exempting small projects. Mayor Hunter stated the Affordable Housing /Community Development Committee had previously determined that there should be some sort of exemption. He stated ten units seemed to be a reasonable threshold for exemption. He suggested projects of 10 units or less be exempt from the affordable housing fee requirement. CONSENSUS: By consensus, the Council determined to exempt the project from the affordable housing fee. In response to Mayor Hunter, Mr. Loftus stated the Pacific Communities project TSM fee was $1,288.87 per dwelling unit. Mayor Hunter suggested the TSM fee for the proposed project be set at $1,000 per unit. CONSENSUS: By consensus, the Council determined to set the TSM fee at $1,000 per dwelling unit. Mayor Hunter stated it was reasonable to allow the buyer to install the front yard landscaping within a reasonable time frame. Mr. Kueny stated it would be difficult to enforce the condition after the homes were sold. Councilmember Harper suggested a minimal amount of landscaping be installed by the builder, and to allow upgrades of landscaping by the new homeowners. CONSENSUS: By consensus, the Council determined to require a minimal amount of front -yard landscaping prior to occupancy. In response to Councilmember Wozniak, Mr. Loftus stated there was no condition prohibiting second -story decks. He also stated the applicant had indicated that trees could be planted along the north property line. Minutes of the City Council Moorpark, California Page 14 June 16, 1999 In response to Mayor Hunter, Ms. Hare stated the applicant agreed to a condition limiting second -story decks. She stated the rear -yard landscaping should be determined by the homeowner. CONSENSUS: By consensus, the Council determined to prohibit second -story decks with disclosure to the buyer. Mayor Hunter closed the public hearing. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to approve the Negative Declaration and adopt Resolution No. 99 -1622, as amended, approving Tentative Tract Map No. 5201, and Residential Planned Development No. 99 -3. The motion carried by voice vote 4 -0, Councilmember Rodgers absent. Ms. Kane read the title of Ordinance No. 260. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to waive further reading and read the ordinance title only. The motion carried by voice vote 4 -0, Councilmember Rodgers absent. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to introduce Ordinance No. 260 for first reading. The motion carried by voice vote 4 -0, Councilmember Rodgers absent. AT THIS POINT in the meeting, a recess was declared. The time was 9:38 p.m. The Council reconvened at 10:00 p.m., with all Councilmembers present. Mayor Hunter announced that the Council would return to consideration of Item 9.F., which had been tabled pending tabulation of ballots. F. Consider Approval of Resolution No. 99 -1625, Approvin the Assessment Engineer's Report, the Parks and Recreation Maintenance and Improvement Assessment District Mail Ballot, and Date for Public Hearing. Staff Recommendation: 1) Open the public hearing, receive testimony, and close the public hearing; 2) Direct that the ballots be counted; and 3) If the number of votes (weighted) in support of the assessment exceed the number of votes (weighted) in opposition, adopt Resolution No. 99 -1625 approving the Engineer's Report, confirm the district boundaries, and order the levy of the assessment for FY 1999/00. Minutes of the City Council Moorpark, California Page 15 June 16, 1999 Mayor Hunter read the results as follows: Valid ballots - 3,530 parcels Invalid ballots - 97 Total ballots - 3,627 Non - weighted results Yes - 2,425 parcels No - 1,105 parcels Weighted results 70.9 percent in favor Mayor Hunter confirmed that the weighted results of 70.9 percent in favor meant that the assessment was supported by the voters. Councilmember Wozniak thanked and congratulated the volunteers. Mayor Hunter recognized June Dubriel, Roseann Mikos, Gary Lowenburg, Ken Moss, Janice Parvin, and Dale Parvin for their efforts and support of the issue. Councilmember Evans stated that Dawn Lowenberg should also be recognized for her work. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to adopt Resolution No. 99 -1625 approving the Engineer's Report, confirm the district boundaries, and order the levy of the assessment for FY 1999/00. The motion carried by unanimous voice vote. I. Consider Commercial Planned Development Permit No. 98 -2 Relating to Construction of a 20,987 Square Foot 38 -Bed Residential Dementia Care Facility (The Damone Group) Located on Lot 3 of Tract 4974 on Peach Hill Road Between Spring Road and Science Drive (Assessor Parcel No.: 512- 0- 270 -035). Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Consider that the Environmental Impact Report prepared for the Amended Carlsberg Specific Plan, which addressed impacts for institutional uses on this property, adequately addresses the impacts of the proposed use; 3) Adopt Resolution No. 99 -1623 approving Commercial Planned Development Permit No. 98 -2. —' Mr. Loftus gave the staff report. He discussed the additional condition regarding maintenance of slopes on Spring Road. Mayor Hunter opened the public hearing. Minutes of the City Council Moorpark, California Page 16 June 16, 1999 David Lutich, representing the Damone Group, 7955 E. Chaparral No. 15, Scottsdale AZ, described the project and concurred with the staff recommendation. He stated discussions had ensued with the Moorpark Unified School District regarding traffic concerns. He explained proposed security measures. In response to Mayor Hunter, Mr. Lutich stated they concurred with the proposed conditions of approval. In response to Councilmember Harper, Mr. Lutich stated they were in the process of finalizing the landscaping plan, but that the proposed tree species were shown on the conceptual plan. Mr. Loftus stated the final landscape plan would have to be approved by staff and the City's landscape architect. Councilmember Harper stated the project was well designed, fits the surrounding area, and is an appropriate use. Mayor Hunter closed the public hearing. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to determine that the Environmental Impact Report prepared for the Amended Carlsberg Specific Plan, which addressed impacts for institutional uses, adequately addresses the impacts of the proposed use, and to adopt Resolution No. 99 -1623 approving Commercial Planned Development Permit No. 98 -2. The motion carried by unanimous voice vote. J. Consider a Resolution Adopting the International Conference of Building Officials Building Valuation Data for Purposes of Assessing Values for Use in Building Permit Issuance. Staff Recommendation: Adopt Resolution No. 99 -1624 adopting the International Conference of Building Officials recommended Table of Building Valuation Data as the basis upon which all building permits valuations shall be computed. Mr. Loftus gave the staff report. In response to Mayor Hunter, Mr. Loftus indicated that State law required a properly noticed public hearing and the opportunity for public testimony for the subject agenda item. There being no public speakers, Mayor Hunter opened and closed the public hearing. Minutes of the City Council Moorpark, California Page 17 June 16, 1999 —' MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 99 -1624 adopting the International Conference of Building Officials recommended Table of Building Valuation Data as the basis upon which all building permits valuations shall be computed. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, Councilmember Harper asked that Item 9.I. be reconsidered. MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to reconsider Item 9.I. The motion carried by unanimous voice vote. I. Consider Commercial Planned Development Permit No. 98 -2 Relating to Construction of a 20,987 Square Foot 38 -Bed Residential Dementia Care Facility (The Damone Group) Located on Lot 3 of Tract 4974 on Peach Hill Road Between Spring Road and Science Drive (Assessor Parcel No.: 512- 0- 270 -035). Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Consider that the Environmental Impact Report prepared for the Amended Carlsberg Specific Plan, which addressed impacts for institutional uses on this property, adequately addresses the impacts of the proposed use; 3) Adopt Resolution No. 99 -1623 approving Commercial Planned Development Permit No. 98 -2. Councilmember Harper requested inclusion of the paragraph at the bottom of stamped page 466 pertaining to landscape maintenance of the Spring Road slope area in the conditions of approval. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to approve a revision to Resolution No. 99- 1623 to include the paragraph from the bottom of stamped page 466 of the agenda packet pertaining to landscape maintenance of the Spring Road slope area. The motion carried by unanimous voice vote. K. Consider Resolution No. 99- Adopting an Operating and Capital Improvements Budget for Fiscal Year 1999 -2000 for the City of Moorpark. (Continued from June 9, 1999, with Public Hearing Closed) Staff Recommendation: Adopt Resolution No. 99- adopting an Operating and Capital Improvements Budget for the City of Moorpark for the Fiscal Year 1999 -2000 (ROLL CALL VOTE REQUIRED) MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to continue the item to June 23, 1999. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 18 June 16, 1999 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Adoption of City Goals and Objectives for Fiscal Year 1999 -2000. (Continued from May 12, 1999 Adjourned Meeting) Staff Recommendation: Adopt City Goals and Objectives for Fiscal Year 1999 -2000. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to continue the item to June 23, 1999. The motion carried by unanimous voice vote. B. Consider Establishment of Traffic Control Measures Designed to Prohibit Left Turn Traffic at Flory Avenue and Los Angeles Avenue (State Route 23/118) . Staff Recommendation: 1) Direct staff to submit a request to Caltrans for the installation of traffic control measures at Flory Avenue and Los Angeles Avenue designed to prohibit and prevent left -turn egress traffic from Flory Avenue to eastbound Los Angeles Avenue; 2) If deemed necessary by the City Manager to expedite the installation of these traffic control measures, authorize staff to apply for an Encroachment Permit to allow the City to undertake the cost for and undertake the installation of these traffic control measures. (Note: Construction costs are estimated to be less than $500.) Mr. Gilbert gave the staff report. In response to Councilmember Rodgers, Mr. Gilbert indicated that no comments had been received from the adjacent neighbors. Councilmember Harper stated the recommendation would provide an interim solution but suggested alternatives be reviewed. He stated it had been suggested that Flory be converted to a cul -de -sac. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to 1) Direct staff to submit a request to Caltrans for the installation of traffic control measures at Flory Avenue and Los Angeles Avenue designed to prohibit and prevent left -turn egress traffic from Flory Avenue to eastbound Los Angeles Avenue; 2) If deemed necessary by the City Manager to expedite the installation of these traffic control measures, authorize staff to apply for an Encroachment Permit to allow the City to undertake the cost for and undertake the installation of these traffic control measures. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 19 June 16, 1999 -- C. Consider Resolution No. 99 -1639 Adopting an Investment Policy for the City of Moorpark. Staff Recommendation: Adopt Resolution No. 99 -1639 adopting an Investment Policy for the City of Moorpark. Mr. Nowak gave the staff report. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 99 -1639 adopting an Investment Policy for the City of Moorpark. The motion carried by unanimous voice vote. D. Consider Recommendation to the United States Postal Service for a Consolidated Retail and Distribution Center within the Downtown Specific Plan Area. Staff Recommendation: That the City Council express its support for the United States Postal Service to construct a combined retail and distribution center in the Downtown Specific Plan Area, and authorize the Mayor to send a letter on behalf of the City Council to the United States Postal Service expressing that support. Mr. Nowak gave the staff report. In response to Councilmember Harper, Mr. Nowak stated the City has some control over design of the project. He also stated concerns had been expressed regarding attractiveness of the facility. In response to Councilmember Harper, Mr. Nowak stated it has been indicated that High Street was not a feasible option for the Post Office retail operations. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to express its support for the United States Postal Service to construct a combined retail and distribution center in the Downtown Specific Plan Area, and authorize the Mayor to send a letter on behalf of the City Council to the United States Postal Service expressing that support. The motion carried by unanimous voice vote. 11. CONSENT CALENDAR: MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to approve the Consent Calendar with the exception of Item 11.A. and Item 11.D. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California Page 20 June 16, 1999 B. Consider Approval of Warrant Reqister of June 16, 1999. Fiscal Year 1998/99 Manual Warrants 44677 - 44684 $19,396.76 Regular Warrants 44685 - 44703 - D $ 10,678.06 44704 - 44771 - V $528,513.99 Staff Recommendation: Approve the Warrant Register. C. Consider Resolution No. 99 -1667 Amending the FY 1998/99 Operating Budget by Appropriating $5,150 from the Community Development Block Grant (CDBG) Fund for Mayflower Market. Staff Recommendation: Adopt Resolution No. 99 -1667 amending the FY 1998/99 Operating Budget by appropriating $5,150.00 of Community Development Funds for the Mayflower Market improvements. (ROLL CALL VOTE REQUIRED) E. Consider Approval of Submittal of Single Cable Communications System Franchise Renewal Application from Century -TCI Communications Corp. Staff Recommendation: Approve the submittal of a single cable communications system franchise renewal application by Century -TCI Communications Corp. for both current franchises. F. Consider Resolution No. 99 -1627 Adopting the Appropriations Subject to Limitations for Fiscal Year 1999 -2000 for the City of Moorpark. Staff Recommendation: Adopt Resolution No. 99 -1627 establishing the City's Appropriations subject to Limitation for Fiscal Year 1999/2000 at $12,392,814. G. Consider One -Year Extension of Sunridge Landscape Maintenance Agreement. Staff Recommendation: Approve an Amendment to the City's Agreement for maintenance of landscape parks and streetscapes with Sunridge Landscape Services extending its term one additional year, and authorize the City Manager to sign the Amendment on behalf of the City. H. Extend Contract For Services with Kellv Cleaninq & Suppl Company. Staff Recommendation: Approve the extension of the service contract for Arroyo Vista Recreation Center janitorial services with Kelly Cleaning and Supply Company to expire on June 30, 2000, and authorize the City Manager to sign the contract amendment. Minutes of the City Council Moorpark, California Page 21 June 16, 1999 I. Consider a One -Year Extension to the Agreement with Thousand Oaks Cab Company for Paratransit Dial A Cab Services. Staff Recommendation: Approve a one -year extension of its Agreement with Thousand Oaks Cab Company for paratransit services, and authorize the City Manager to execute the extension. J. Consider Vacating State Transportation Enhancement Act (TEA) Grant for the Construction of Freeway Landscaping. Staff Recommendation: Authorize staff to advise VCTC that the City wishes to vacate the subject TEA grant for a modified freeway landscaping project. K. Consider Convevance of an Easement to the Southern California Edison Company (SCE) and a Quitclaim Deed to the Ventura County Flood Control District (VCFCD) for the Access Ramps from Tierra Rejada Road to the Maintenance Levee Road Along the North Side of the Arroyo Simi. Staff Recommendation: 1) Authorize the Mayor to execute an Easement Deed (Exhibit 2) to SCE for subject properties, and direct the City Clerk to cause said Easement Deed to be recorded; and 2) Authorize the Mayor to execute a Quitclaim Deed to the VCFCD for the same subject properties, and direct the City Clerk to cause said Quitclaim Deed to be recorded subsequent to the recordation of the Easement to SCE. L. Consider Approval to Apply for Federal "Cops in Schools" Grant Funds. Staff Recommendation: That the City Council approve the submittal of an application under the Federal "Cops in Schools" grant program and authorize the City Manager to execute all application documents. The following items were pulled from the Consent Calendar for individual consideration: A. Consider Approval of Minutes of Regular City Council Meetinq of February 3, 1999. Consider Approval of Minutes of Special City Council Meetinq of June 2, 1999. Staff Recommendation: Approve minutes as processed. Mayor Hunter indicated he would be abstaining from voting on the minutes, because he was not present at the meeting of June 2, 1999. Minutes of the City Council Moorpark, California Page 22 June 16, 1999 — MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to approve the minutes of the February 3 regular and June 2, 1999, special City Council meetings. The motion carried by voice vote 4 -0, Mayor Hunter abstaining. D. Consider a One -time Modification to the Citv's Mobilehome Rehab Loan Program. Staff Recommendation: Approve an increase for the rehab loan for Donald and Eileen Nevins to an amount not to exceed $7,350.00 and this shall not be a precedent- setting action. Councilmember Rodgers suggested considering raising the limit for the funding threshold for mobilehomes. Mr. Nowak stated a report could be prepared for Council indicating future proposed applications. He explained that new roofing was one of the reasons for requiring an increase for this application, and that he did not believe the loan limit needed to be increased for all cases. MOTION: Councilmember Rodgers moved and Councilmember Harper seconded a motion to approve an increase for the rehab loan for Donald and Eileen Nevins to an amount not to exceed $7,350.00 which shall not be a precedent- setting action. 12. ORDINANCES A. An Ordinance of the City Council of the City of Moorpark, California, Approving Zone Change No. 97 -7 to Change the Zoning Designation on Approximately 19.2 Acres of Undeveloped Land Located Southerly of Los Angeles Avenue on the West Side of Moorpark Avenue Adjacent to the Flood Control Channel from CPD (Commercial Planned Development) to RPD 16.2 (Residential Planned Development - 16.2 Units per Acre Maximum), with the Exception of the Area along the Southerly Portion of the Property Required to be Dedicated to the Ventura County Flood Control District which is to be Rezoned To OS (Open Space), on the Application of Archstone Communities. Staff Recommendation: Declare Ordinance No. read for the second time and adopted as read. MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to continue the item to June 23, 1999. The motion carried by unanimous voice vote. B. An Ordinance of the City Council of the City of Moorpark, California, Adopting a Development Agreement Between the Citv of Moorpark and Archstone Communities. Staff Minutes of the City Council Moorpark, California Page 23 June 16, 1999 Recommendation: Declare Ordinance No. read for the second time and adopted as read. MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to continue the item to June 23, 1999. The motion carried by unanimous voice vote. Ms. Kane clarified that the ordinance introduced for Item 9.H. would be Ordinance No. 260. 13. CLOSED SESSION: Mr. Kueny announced that the City Council would be going into closed session for discussion of Items 13.C., 13.F., 13.H., and 13.L. on the agenda. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to adjourn to closed session for a discussion of Items 13.C., 13.F., 13.H., and 13.L. on the agenda. The motion carried by unanimous voice vote. The time was 10:37 p.m. 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) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, City Attorney, City Clerk, City Manager, City Engineer, Chief of Police, Director of Community Development, Director of Community Services, Public Works Director D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO21825) E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO22256) Minutes of the City Council Moorpark, California Page 24 June 16, 1999 F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, LTD., a limited partnership vs. City of Moorpark G. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Hidden Creek Ranch, LP, a California Limited Partnership vs. The City of Moorpark and to Real Parties in Interest: Clint Harper, Roseann Mikos, Andrew Prokopow, and Committee to Qualify Hidden Creek Referendum Controlled by Clint Harper and Roseann Mikos (Case No. SCO21959) H. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Hidden Creek Ranch, LP, a California Limited Partnership and Messenger Investment Company, Inc., a California Corporation vs. The City of Moorpark and City Council of the City of Moorpark I. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark, the City Council of the City of Moorpark, and Ventura Local Agency Formation Commission (Case No. SCO23378) J. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Alice Rowan vs. City of Moorpark (Case No. SH089680) K. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Employee Organization: Service Employees International Union, AFL -CIO, CLC, Local 998 L. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Unrepresented employees: Assistant City Manager, Administrative Services Manager, City Clerk, Director of Community Development, Director of Community Services, Director of Public Works, Finance /Accounting Manager, Planning Manager, Principal Planner, Recreation Superintendent, and Senior Management Analyst Minutes of the City Council Moorpark, California Page 25 June 16, 1999 Present in closed session were all Councilmembers; Steven Kueny, City Manager; and Cheryl Kane, City Attorney. The Council reconvened into open session at 11:27 p.m. Mr. Kueny stated that only Items 13.C., 13.F., 13.H., and 13.L. were considered and that Councilmember Rodgers did not participate in the discussion for Item 13.H. He also stated that there was no action to report. 14. ADJOURNMENT: MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to adjourn to June 23, 1999, at 7:00 p.m. The motion carried by unanimous voice vote. The time was 11:28 p.m. ATTEST: Deborah S. Traff stedt City Clerk MOA V -1) Patrick Hu--r— ter, Mayor