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HomeMy WebLinkAboutMIN 1999 0505 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California May 5, 1999 A Regular Meeting of the City Council of the City of Moorpark was held on May 5, 1999 in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7:15 p.m. 2. INVOCATION: A silent moment of reflection was held. 3. PLEDGE OF ALLEGIANCE: Mr. Kueny led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Evans, Harper, Wozniak and Mayor Hunter. Absent: Councilmember Rodgers 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; Dirk Lovett, Assistant City Engineer; Captain Mike Lewis, Sheriff's Department; Don Reynolds, Administrative Services Manager; John Libiez, Principal Planner; Paul Porter, Principal Planner; Deborah Traffenstedt, City Clerk; and Lisa Pope, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation declaring May 9 through May 15 National Peace Officers Memorial Week Mayor Hunter presented a proclamation declaring May 9 through May 15 as National Peace Officers Memorial Week. Minutes of the City Council Moorpark, California Page 2 May 5, 1999 Captain Lewis thanked the Council for recognizing Peace Officer Memorial Week. He presented statistical data regarding the number of deaths to peace officers. B. Introduction of Starrett Kreissman, Director of Library Services Continued to June 2, 1999. 6. PUBLIC COMMENT: Martin Atherton, 15486 Kernvale, addressed the Council in opposition to the swap meet being held at Moorpark College. He discussed the sale of firearms at the swap meet. He requested the Council urge Dr. Walker to reconsider the use of the College for a swap meet. Amrit Kulkarni, 65 Baylor, Ventura, representing the Environmental Coalition, discussed the passage of the SOAR initiative. He discussed pending litigation related to SOAR and the Hidden Creek Ranch project. He discussed Zoning Ordinance No. 244, which authorized the development of over 3,000 homes in Specific Plan 8. He stated the Council is obligated to make the ordinance consistent with the General Plan. He requested the City effectuate the SOAR initiative. In response to Councilmember Evans, Mr. Kulkarni stated the City has a duty to bring the Zoning Ordinance into compliance with the General Plan. He stated the Council should direct its legal counsel to comply with State Planning and Zoning laws. Steve Sill, 12329 Arbor Hill, President of the Moorpark Rotary Club, presented a proposal for a community service project, to provide a full -time uniformed police officer on the campus of the High School. He stated the Rotary Club would like to contribute $10,000 to the City to be used to establish a full - time youth officer at the High School. Howard Yaras, 4248 Laurel Glen Drive, President of Moorpark High School PTSA, indicated his support for the implementation of an officer at the High School. He discussed the benefits of children interacting with the officer. He requested the Council support the proposal. Councilmember Evans stated the PTSA could assist the Rotary Club by Darticipatinq with the Monster Maze. Stephen Nardi, 15569 Kernvale Avenue, addressed the Council in opposition to the College being used for a swap meet and Minutes of the City Council Moorpark, California Page 3 May 5, 1999 stated that firearms had been confiscated there. He discussed the impact to the neighborhood due to increased traffic. He requested the Council assist in resolving the problem. Dr. Jim Walker, 1118 Brookview Avenue, Westlake Village, President of Moorpark College, discussed the concerns of the neighbors. He stated they were willing to assist to resolve the problems. He stated two BB guns had been confiscated from the swap meet, rather than firearms as indicated by the prior speaker. He stated he had received suggestions from neighbors that will be implemented. In response to Mayor Hunter, Dr. Walker stated the confiscated BB guns had been for sale. He stated the agreement allowed the College to prohibit the sale of guns and confiscate if found. In response to Councilmember Harper, Dr. Walker stated they were willing to consider the suggestion to start later. Mayor Hunter discussed the complaints of vendors being at the location prior to business hours. Mr. Walker indicated he would investigate the matter and work to resolve the problems. Roseann Mikos, 14371 E. Cambridge Street, discussed the litigation filed by Hidden Creek Ranch. She stated the Zoning Ordinance is not in compliance with the General Plan. Gary Lowenberg, 4218 Peach Slope Road, updated the Council on the activities of the Save Our Park Committee. Gerald Goldstein, 11932 Los Angeles Avenue, suggested the Moorpark Teen Council, Moorpark High School Student Body and Faculty discuss the possibility of a full -time police officer. Raleigh Holman, 15537 Kernvale Avenue, addressed the Council in opposition to the swap meet. She suggested the College reconsider its decision to allow the swap meet. Margaret Mahlmeister, 15577 Kernvale Avenue, addressed the Council in opposition to the swap meet. She indicated her concerns including traffic, noise, and air pollution. 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 taking Items 9.D. and 10.H. together. Minutes of the City Council Moorpark, California Page 4 May 5, 1999 Mr. Kueny requested Item 11.F. be pulled from the Consent Calendar and continued. CONSENSUS: By consensus, the Council determined to take Items 9.D. and 10.H. concurrently and to continue Item 11.F. to a future meeting, with the date not specified. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter requested an update regarding the swap meet be provided from staff on May 19. He also requested an item regarding the offer by Mr. Sill for the resource officer on the High School campus. Councilmember Harper requested an item regarding allowing Commissioner reports to come to the Council. Mayor Hunter announced that property owners should have received the Parks and Recreation Maintenance Assessment Ballot. He stated a free landfill day would be May 16. He announced that on May 15, free compost would be available at Arroyo Vista Recreation Center. 9. PUBLIC HEARINGS: A. Consider Resolution No. 99 -1598 Approving the Mitigated Negative Declaration /Environmental Assessment for the Los Angeles Avenue (East) Widening Project. (Continued from April 21, 1999 with public hearing closed.) Staff Recommendation: 1) Review and consider the information in the Initial Study, Mitigated Negative Declaration/ Environmental Assessment; 2) Review and approve the proposed Mitigation Monitoring Program (Exhibit 1); 3) Approve the list of findings attached as Exhibit `A` to the Resolution (Exhibit 3); and 4) Approve the written responses to comments set forth in Exhibit 2; and 5) Adopt Resolution No. 99 -1598 (Exhibit 3) approving the Mitigated Negative Declaration and Expanded Initial Study /Environmental Assessment, finding that the document is an accurate and complete representation of the environmental effects of the project. Mr. Gilbert gave the staff report. Mayor Hunter stated he felt the project was overly ambitious. He stated there is a need to reconstruct and widen part of the road. He stated the project was not Minutes of the City Council Moorpark, California Page 5 May 5, 1999 cost effective and therefore he would abstain from approval of the Negative Declaration. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to: 1) Review and consider the information in the Initial Study, Mitigated Negative Declaration/ Environmental Assessment; 2) Review and approve the proposed Mitigation Monitoring Program (Exhibit 1); 3) Approve the list of findings attached as Exhibit `A' to the Resolution (Exhibit 3); 4) Approve the written responses to comments set forth in Exhibit 2; and 5) Adopt Resolution No. 99 -1598 (Exhibit 3) approving the Mitigated Negative Declaration and Expanded Initial Study /Environmental Assessment, finding that the document is an accurate and complete representation of the environmental effects of the project. The motion carried by voice vote 3 -0, with Mayor Hunter abstaining and Councilmember Rodgers absent. B. Consider Resolution No. 99 -1599 Approving the Mitigated Negative Declaration /Environmental Assessment for the Los Angeles Avenue /Beltramo Ranch Road Widening Project. (Continued from April 21, 1999 with public hearing closed.) Staff Recommendation: 1) Review and consider the information in the Initial Study, Mitigated Negative Declaration /Environmental Assessment; 2) Review and approve the proposed Mitigation Monitoring Program (Exhibit 4); 3) Approve the list of findings attached as Exhibit `A' to the Resolution (Exhibit 6); 4) Approve the written responses to comments set forth in Exhibit 5; and 5) Adopt Resolution No. 99 -1599 (Exhibit 6) approving the Mitigated Negative Declaration and Expanded Initial Study /Environmental Assessment, finding that the document is an accurate and complete representation of the environmental effects of the project. Mr. Gilbert gave the staff report. MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to: 1) Review and consider the information in the Initial Study, Mitigated Negative Declaration/ Environmental Assessment; 2) Review and approve the proposed Mitigation Monitoring Program (Exhibit 4); 3) Approve the list of findings attached as Exhibit `A' to the Resolution (Exhibit 6); 4) Approve the written responses to comments set forth in Exhibit 5; and 5) Adopt Resolution No. 99 -1599 (Exhibit 6) approving the Mitigated Negative Declaration and Expanded Initial Study /Environmental Assessment, finding that the Minutes of the City Council Moorpark, California Page 6 May 5, 1999 document is an accurate and complete representation of the environmental effects of the project. The motion carried by voice vote, 4 -0, Councilmember Rodgers absent. C. Consider Holding a Tax Equity Fiscal Responsibility Act Hearing and Adoption of Resolution No. 99 -1600 Approving the Amended and Restated Joint Exercise of Powers Agreement Relating to the California Statewide Communities Development Authority; Amendment of an Indenture of Trust; and Issuance of Multifamily Housing Revenue Refunding Bonds. Staff Recommendation: 1) Open the public hearing for the Tax Equity Fiscal Responsibility Act Hearing and take public testimony; 2) Close the public hearing and record any comments received; and 3) Adopt Resolution No. 99 -1600 approving, authorizing and directing execution of an Amended and Restated Joint Exercise of Powers Agreement Relating to the California Statewide Communities Development Authority; the Amendment of an Indenture of Trust, and approving the issuance of Multifamily Housing Revenue Refunding Bonds. Mr. Nowak gave the staff report. In response to Councilmember Wozniak, Mr. Nowak explained that the City would no longer have to pay for verification of the affordable units being operated as such. He stated the City had the right to review the work by the bond holder to make sure it is being handled appropriately. Mr. Nowak also stated the refinancing extended the time period that the affordable units would be available. In response to Mayor Hunter, Mr. Nowak stated the relationship between the City and applicant would remain the same, except for the oversight responsibility. In response to Councilmember Harper, Mr. Nowak stated the California Statewide Communities Development Authority ( CSCDA) would be responsible for oversight of the affordable units and that the City's rights would be retained. Mr. Nowak stated the City could resume responsibility if CSCDA was not fulfilling its obligations. Minutes of the City Council Moorpark, California Page 7 May 5, 1999 —' In response to Councilmember Harper, Mr. Nowak stated language was included in the approval documents to allow the City to regain control. Mr. Kueny suggested providing staff with direction to obtain the maximum protection for the City. MOTION:: Councilmember Harper moved and Councilmember Evans seconded a motion to adopt Resolution No. 99 -1600 and direct staff to obtain the maximum protection available to the City of Moorpark to insure the affordable housing obligation is met. The motion carried by voice vote 4 -0, Councilmember Rodgers absent. D. Consider Residential Planned Developments (RPD) Permit Nos. 98 -3, 98 -4, 98 -5 and 98 -6, in the Carlsberg Specific Plan Area by Authorizing Residential Planned Development, Modifying or Establishing Architectural Design and Development Standards, and Landscaping Concepts for the Four Residential Subdivisions Previously Approved on the Subject Property on the Application of Lennar Homes of California. Staff Recommendation: 1) Open the public hearing; accept testimony; close the public hearing on Residential Planned Development Permit Nos. 98 -3, 98 -4, 98 -5, and 98 -6; and 2) Adopt Resolution No. 99- approving Residential Planned Development Permit Nos. 98- 3, 98 -4, 98 -5, and 98 -6. 10.H.Consider Minor Modification No. 2 to Specific Plan 92 -1 (Carlsberg Specific Plan) to Modify the Specific Plan Text and Maps by: A) Amending the Architectural Theme, Design /Development Standards and Landscape Concept; B) Reduction in the Length of the Trail System; C) the Addition of a Secondary Monument Sign to Identify Residential Neighborhoods - Applicant: Lennar Homes of California. Staff Recommendation: Adopt Resolution No. 99- approving Minor Modification No. 2 to Specific Plan No. 92 -1 (Carlsberg Specific Plan). Mr. Loftus gave the staff report on Items 9.D. and 10.H. In response to Councilmember Evans, Mr. Loftus discussed the proposed reduction in the length of trails, due primarily to environmental issues. In response to Councilmember Harper, Mr. Loftus explained —' that if there are issues that the Council is not comfortable with, they should be addressed in an additional minor modification. He stated the Council Minutes of the City Council Moorpark, California Page 8 May 5, 1999 —' would be precluded from addressing grading. He stated the grading is in compliance with approval previously given. He stated he would review the Council's ability to address grading issues. Mayor Hunter opened the public hearing for Item 9.D. and asked for speakers. Lloyd Laycook, 1850 Gammon Court, Thousand Oaks, representing Lennar Homes, introduced members of the project design team that were present and available to answer questions. He presented the design features of the proposed project. He discussed the selection of market builders. He stated a master Homeowners' Association (HOA) would be created, overseen by Lennar. He stated they agreed with the staff report as presented, with the exception of design criteria for window placement and offset and an amendment to the condition for Lots 64 and 65 pertaining to single -story roof line visibility. He requested that the sill height restriction be raised from 5 feet to 5 % feet and the jam offset be changed from 5 feet to 3 feet. In response to Mayor Hunter, Mr. Laycook indicated he had just received a new bond related condition from staff and would review it. Mr. Loftus stated the additional condition is to avoid a situation similar to that which occurred during the development of Mountain Meadows and would provide bonding for any improvements damaged during construction. He stated staff would be in agreement to reduce the window offset to 3 feet, provided that the sill is raised to 5 feet. He stated the Planning Commission had not reached agreement on window placement and sideyard setbacks. In response to Councilmember Harper, Mr. Loftus stated the Planning Commission supported increased side yard setbacks. He explained that the Planning Commission was concerned with uniform setbacks and privacy. He stated the Planning Commission was anxious to increase the sideyard setback above the 5 -foot minimum. He stated there was a communication dated March 25 that identified the sideyard setbacks on a lot -by -lot basis and that there were a few locations providing only ten feet between two structures. Minutes of the City Council Moorpark, California Page 9 May 5, 1999 Councilmember Harper discussed setbacks in Mountain Meadows. He stated he wanted to avoid monotony and uniform setbacks. Roseann Mikos, 14371 E. Cambridge Street, Environmental Coalition, discussed the reduction of trails based on protection of vernal pools. She stated the applicant had indicated there would be a reduction in the number of homes to protect the vernal pool but they were still in negotiation. She requested an update on the status of the negotiations with the environmental protection agencies. She suggested the Council not approve the RPD or add a condition that the number of homes be reduced, if requested by Fish and Game. She stated the HOA was an inappropriate entity to maintain the vernal pool. Mr. Loftus stated there was not yet a conclusion on the design around the vernal pool, but the most current information was that at least 18 lots would be deleted to protect the vernal pool. He stated the Planning Commission had discussed the issue of the HOA maintaining the vernal pool. He stated the applicant was reviewing the matter with their biologist. He stated the City should take direction from the appropriate State agency as to who should maintain the vernal pool. In response to Councilmember Harper, Mr. Loftus explained that the Residential Planned Development Permits regulate the architectural and site standards. Councilmember Harper discussed his concern with approving a specific number of homes and then reducing due to environmental constraints. Mr. Loftus explained that the site standards would apply to whatever lots were approved. Councilmember Harper stated the HOA was an inappropriate agency to maintain the vernal pool. He discussed the possibility of the pool becoming a financial burden on the HOA and therefore maintenance being neglected. Mr. Loftus stated the tract that included the vernal pool could be addressed separately. Councilmember Harper discussed a letter dated February 22 from Dr. Duffy regarding concern with traffic around the middle school site. Mr. Loftus stated he has not had further contact regarding the matter. Tom Duck, 14663 Loyola, stated there should be no houses on the northwest quadrant of the project because it would destroy the appearance of the entrance to the City. Minutes of the City Council Moorpark, California Page 10 May 5, 1999 Mr. Laycook stated a condition is included prohibiting building in the vernal pool area without all necessary permits. He stated several agencies had been contacted and that the State Department of Fish and Game had indicated an interest in maintaining the vernal pool, which Lennar could support. He also discussed the letter from Dr. Duffy regarding construction traffic concerns. Deborah Rosenthal, legal counsel for Lennar Homes, 6767 Forest Lawn Drive, Suite 300, Los Angeles, stated they had proposed a conservation easement to be placed over the vernal pool and other open space areas. She stated an agreement would need to be obtained from Fish and Game regarding management and maintenance for the vernal pool. In response to Councilmember Harper, Ms. Rosenthal stated they were in discussions with the regulatory agencies and that approval would be indicated in the form of approval of permits. Councilmember Harper stated the City should not provide approval until the other regulatory agencies had granted permits. Councilmember Harper requested written communication from the School District indicating that concerns regarding traffic had been resolved. In response to Councilmember Harper, Mr. Laycook indicated traffic studies had been conducted. In response to Councilmember Harper, Mr. Laycook stated Ventura County Water Works District No. 1 had planted trees around the water tank and that they would request enhanced landscaping. He also stated that it would be difficult to increase the size of the berm around the tank site. Mr. Kueny stated staff had worked with the School District to come up with a solution to traffic concerns, and determined that the only feasible solution would be a bus turnout on Science Drive. He suggested the Council ask if the applicant was willing to construct a bus turnout on Science Drive at the frontage of for the school site. Mr. Laycook stated the bus turnout on Science Drive was not practical due to the placement of water lines and utilities. He also stated the redesign of Peach Hill Road was not feasible. Minutes of the City Council Moorpark, California Page 11 May 5, 1999 Councilmember Wozniak suggested making modifications to the Science Drive /Peach Hill Road intersection. In response to Councilmember Wozniak regarding modifying the Science Drive /Peach Hill Road intersection, Mr. Laycook stated the intersection was complicated due to alignment problems and available right -of -way. Mr. Kueny asked if the applicant agreed with the conditions except as noted, including Condition 114, the Traffic Systems Management Fee. Mr. Laycook stated they were not prepared to respond. In response to Mayor Hunter, Mr. Loftus stated they had contacted other agencies regarding staff's proposed in- lieu fee for trail reduction. In response to Councilmember Harper, Mr. Laycook stated the increased cost would be detrimental if different lighting standards were imposed. In response to Councilmember Harper, Mr. Laycook stated they had initially proposed a different design for the entranceways, and that the existing design was as prescribed by the City. In response to Councilmember minimum sideyard separation 10 feet. Evans, Mr. Kueny stated the for the Deauville Homes was Councilmember Evans stated that based on his conversation with Dr. Duffy of the Moorpark Unified School District, Dr. Duffy's recommendations could be summarized as follows: 1) increased turning ratio for the left -turn lane into the school; 2) talk to Alzheimer's facility to work on schedule to reduce traffic during construction; and 3) work with the proposed private school to determine traffic circulation remedies. Councilmember Evans also discussed the provisions to protect the vernal pool. He suggested allowing the project to move forward. MOTION:: Councilmember Evans moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 99- approving Residential Planned Development Permit Nos. 98 -3, 98 -4, 98 -5, and 98 -6 and adopt Resolution No. 99- approving Minor Modification No. 2 to Specific Plan No. 92 -1 (Carlsberg Specific Plan), amended with the provision that fees will come back to Council for approval. Minutes of the City Council Moorpark, California Page 12 May 5, 1999 Councilmember Harper stated there were several outstanding issues and it would not be in the best interest of the City to approve the project as proposed. The question was called and the motion failed 2 -2, with Mayor Hunter and Councilmember Harper dissenting and Councilmember Rodgers absent. AT THIS POINT in the meeting, the Council recessed. The time was 9:53 p.m. The Council reconvened at 10:18 p.m. Mayor Hunter stated that the public hearing for Item 9.D. had not been closed and that based on the Council's Rules of Procedure, both Items 9.D. and 10.H. would be continued to May 19, 1999, with the public hearing open for Item 9.D. In response to Councilmember Evans, Mr. Laycook requested the Council provide more specific direction and separate Tract 4685 for individual consideration. Councilmember Evans suggested the applicant be provided with a list of the Council's concerns. Mayor Hunter stated the following concerns: 1) 5 -foot sideyard setbacks; 2) window heights on Lots 64 and 65; 3) difference between 5 -foot setback in Zoning Code and required setback for the RPD Zone; 4) public agency acceptance of maintenance of vernal pool; 5) a determination on the number of lots necessary to be deleted from Tract 4975 to protect the vernal pool; and 6) a determination on correcting the turning radius at the school site. In response to Mr. Laycook, Mayor Hunter stated he was requesting a report from staff on construction scheduling of public hearings for the Pinecrest School and the Alzheimer's facility and potential traffic impacts. 9.E. 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) , and Residential Planned Development Permit No. 97 -1 for Construction of 312 Apartment Units. Staff Recommendation: 1) Open the public hearing and Minutes of the City Council Moorpark, California Page 13 May 5, 1999 —' accept public testimony and close the public hearing on General Plan Amendment No. 97 -3, Zone Change No. 97 -7 and Residential Planned Development Permit No. 97 -1; 2) Direct staff to schedule a public hearing for Planning Commission review and recommendation to the City Council regarding Development Agreement No. 97 -4; and 3) Continue the public hearing regarding Residential Planned Development Permit, General Plan Amendment and Zone Change to May 19 or June 2, 1999. Mayor Hunter announced that Items 9.E. and 10.I. would be heard concurrently. 10.I.Consider Proposed Development Agreement for RPD Permit No. 97 -1 (Archstone Communities). Staff Recommendation: Refer the proposed Development Agreement to the Planning Commission and direct staff to schedule a public hearing on the Development Agreement for the June 2, 1999 City Council meeting. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to continue Item 9.E. to May 19, 1999. The motion carried by voice vote 4 -0, Councilmember Rodgers absent. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to continue Item 10.I. to May 19, 1999. The motion carried by voice vote 4 -0, Councilmember Rodgers absent. 10. PRESENTATION /ACTION /DISCUSSION: C. Consider Traffic Control Measures at and near the Intersection of Christian Barrett Drive at Trailcrest Drive. (Continued from April 21, 1999.) Staff Recommendation: 1) Direct staff to proceed with Option 1 (installation of a double yellow center line) and Option 2 (installation of KEEP CLEAR markings) as described in Section L of the staff report; 2) Adopt Resolution No. 99 -1601, establishing "No Stopping Anytime" zones on Christian Barrett Drive immediately east and west of Trailcrest Drive; and if the City Council wishes to establish a Three -Way STOP at the subject intersection: 3) Adopt Resolution No. 99 -1602 designating Christian Barrett Drive and Trailcrest Drive a STOP intersection; and 4) Direct staff to proceed with Option 6 (placement — of YELLOW crosswalks at the intersection) as described in Section L of the staff report. Minutes of the City Council Moorpark, California Page 14 May 5, 1999 Mr. Gilbert gave the staff report. Mayor Hunter stated a centerline on Christian Barrett would help slow traffic and keep traffic on the right side of road. He stated a three -way stop was necessary and "No Parking" on the east side of the street would be helpful for line of sight. In response to Councilmember Harper, Mr. Gilbert stated he had not contacted the School District regarding opening the access between the school parking lot and the Peach Hill Park lot. Mr. Kueny stated staff would contact the School District to see if they were interested. MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to direct staff to contact the School District to discuss the possibility of opening the fence between the two lots. The motion carried by voice vote 4 -0, Councilmember Rodgers absent. A. Consider City Street Lighting Standards. (Continued from March 17, 1999.) Staff Recommendation: Direct staff as deemed appropriate. Mr. Lovett gave the staff report. Councilmember Harper requested a comparison of the County standards, as well as those of the City of Camarillo. In response to Mayor Hunter, Mr. Lovett stated all lights on the west side of Spring Road were in place. Councilmember Harper requested the item come back to Council with a comparison of other local municipalities, particularly in residential areas. He stated there was a request from residents who back up to Spring Road to reduce lighting. In response to Councilmember Harper, Mr. Lovett stated glare shields had been installed. Mr. Kueny stated the cut -off time would be reviewed. Mayor Hunter stated the concerns had not been mitigated to the satisfaction of the residents. CONSENSUS: By consensus, the Council determined to receive and file the report. Minutes of the City Council Moorpark, California Page 15 May 5, 1999 `- B. Consider Planning Commission Recommendations Related to Permitted Uses within the Tierra Rejada Greenbelt and Related Policies. (Continued from March 31, 1999.) Staff Recommendation: Direct staff as deemed appropriate. Mr. Loftus gave the staff report. Councilmember Harper stated that he supported the recommendations. He also stated the greenbelt policies need to be strengthened to ensure long -term viability. He stated the need for some separation between urbanization. Mayor Hunter suggested the questions be addressed both locally and regionally. Roseann Mikos indicated her support for strengthening the greenbelts. She discussed the difference between greenbelt agriculture zones and regular agriculture zones. She suggested four different zones with more restrictions in green belt zones. Joe Ahearn, 484 E. Los Angeles Avenue, discussed greenbelt infractions. He stated the golf course is not within the greenbelt, and there are other permitted uses that can occur within greenbelts. Councilmember Harper stated there was urgency, due to the County wanting a response by the end of month. He indicated his support of the Planning Commission recommendations and the suggestions made by Ms. Mikos. In response to Councilmember Harper, Mr. Loftus stated the Planning Commission had also recommended four different zones but it was inadvertently omitted from his verbal report. Mayor Hunter suggested establishing an ad hoc committee to discuss priorities with the Cities of Thousand Oaks and Simi Valley. Councilmember Wozniak indicated his support of the Planning Commission's recommendations and the suggestion for four different zones. He supported the formation of an ad hoc committee. CONSENSUS: By consensus, the Council directed staff to draft -` a letter to the County to incorporate the Planning Commission recommendations, the Council comments made at this meeting, and the commendations in the staff report. Minutes of the City Council Moorpark, California Page 16 May 5, 1999 —' MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to form an ad hoc committee consisting of Mayor Hunter and Councilmember Harper. The motion carried by voice vote 4 -0, Councilmember Rodgers absent. D. Consider Appointment of Representative and Alternates to the Ventura Cities Mortgage Financing Authority. Staff Recommendation: Designate a representative to the Ventura Cities Mortgage Financing Authority and that the other members of Council, City Manager and the Assistant City Manager be designated as alternates. Mr. Nowak gave staff report. MOTION: Mayor Hunter moved and Councilmember Evans seconded a motion to have Councilmember Rodgers serve as the representative to the Ventura Cities Mortgage Financing Authority and alternates being the remainder of the Council, City Manager, and Assistant City Manager. The motion carried by voice vote 4 -0, Councilmember Rodgers absent. E. Consider Moorpark Library Material Expenditures. Staff Recommendation: The Moorpark Library Advisory Committee recommends that the City Council approve the expenditure of unallocated fund balance ($45,862) attributed to the Moorpark Library, as identified on Attachment A and direct staff to work with the Library Service Agency to facilitate the Council's action. (ROLL CALL VOTE REQUIRED) Ms. Lindley gave staff report. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to approve the expenditure of unallocated fund balance ($45,862) attributed to the Moorpark Library, as identified on Attachment A of the staff report and direct staff to work with the Library Service Agency to facilitate the Council's action. The motion carried by roll call 4 -0, Councilmember Rodgers absent. F. Consider Approval of the Engineer's Report for Assessment District AD84 -2 for FY 1999/2000 and the Scheduling of a Public Hearing to Consider Changes to and the Ordering of the Annual Assessments for Said Assessment District. Staff Recommendation: Adopt Resolution No. 99 -1603 a) approving the Engineer's Report for Assessment District —' AD84 -2; b) declaring intention to make certain changes to and ordering the annual assessments for said assessment Minutes of the City Council Moorpark, California Page 17 May 5, 1999 district for FY 1998/99; and c) setting the date and time of a public hearing to consider said assessments. Mr. Gilbert gave the staff report. In response to Mayor Hunter, Mr. Gilbert stated the assessments were unchanged, except for Zone 12. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to adopt Resolution No. 99 -1603 a) approving the Engineer's Report for Assessment District AD84 -2; b) declaring intention to make certain changes to and ordering the annual assessments for said assessment district for FY 1998/99; and c) setting the date and time of a public hearing to consider said assessments for June 2, 1999. The motion carried by voice vote 4 -0, Councilmember Rodgers absent. G. Consider Appointment to the Citizen Transportation Advisory Committee /Social Services Transportation Advisory Council. Staff Recommendation: Appoint Mr. Gerald L. Squier as a City representative to the Citizens Transportation Advisory Committee /Social Services Transportation Advisory Council. Ms. Lindley gave the staff report. MOTION: Mayor Hunter moved and Councilmember Evans seconded a motion to appoint Mr. Gerald L. Squier as a City representative to the Citizens Transportation Advisory Committee /Social Services Transportation Advisory Council. The motion carried by voice vote 4 -0, Councilmember Rodgers absent. J. Consider Presentation of City Manager's Recommended Operating and Capital Improvements Budget for Fiscal Year 1999/2000. Staff Recommendation: Set date for Budget Study Session. Mr. Kueny gave the staff report. Mayor Hunter discussed the decline in sales tax received by the City. He stated he would like to see growth in sales tax revenue. MOTION: Mayor Hunter moved and Councilmember Wozniak seconded a motion to conduct the Budget Study Session on May 12, 1999, at 7:00 p.m. The motion carried by voice vote 4 -0, Councilmember Rodgers absent. Minutes of the City Council Moorpark, California Page 18 May 5, 1999 K. Consider City Goals and Objectives for Fiscal Year 1999/00. Staff Recommendation: Defer action to consider with recommended Budget for Fiscal Year 1999/00. Mr. Kueny gave the staff report. MOTION: Mayor Hunter moved and Councilmember Wozniak seconded a motion to continue the item to May 12, 1999. The motion carried by voice vote 4 -0, Councilmember Rodgers absent. L. Consider Approval of a Service Agreement for Independent Audit Services. Staff Recommendation: Approve a Service Agreement for audit services and assistance with GFOA certification. Mr. Nowak gave the staff report. MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to approve a Service Agreement for audit services and assistance with GFOA certification. The motion carried by voice vote 4 -0, Councilmember Rodgers absent. M. Consider Resolution No. 99 -1604 Requesting California Transportation Commission to Prohibit Trucks on State Route 118 (from State Route 23 West to State Route 126). Recommendation: Adopt Resolution No. 99 -1604. Mayor Hunter announced the workshop to be held on May 6 regarding truck traffic on State Route 118. He stated it is his intent to present the City's views to Assemblymember Strickland. Joe Ahearn, 484 E. Los Angeles Avenue, asked if the resolution as drafted was an appropriate request. Mayor Hunter explained that the problem has been discussed for years, but will require assistance from the State and County. He stated his purpose for the resolution was to show that the City is united in its position. Councilmember Harper stated his support for the resolution. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to adopt Resolution No. 99 -1604. The motion carried by voice vote 4 -0, Councilmember Rodgers absent. Minutes of the City Council Moorpark, California Page 19 May 5, 1999 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to approve the Consent Calendar, with the exception of Item 11.F. The motion carried by roll call vote 4 -0, Councilmember Rodgers absent. A. Consider Approval of Minutes of Special City Council Meeting of April 28, 1999. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register of May 5, 1999. Fiscal Year 1998/99 Manual Warrants Voided Warrants 44326 - 44332 & 44385 44186 & 44272 $ 5,814.28 $ ( 939.37) Regular Warrants 44333 - 44384 - D $115,180.40 44386 - 44452 - V $ 75,763.23 Staff Recommendation: Approve the Warrant Register. C. Consider an Aqreement Between the Cities of Moorpark, Simi Valley, Thousand Oaks and the County of Ventura, and Safety Kleen for Regular Monthly Household Hazardous Waste (HHW) Collection Services. Staff Recommendation: Approve the Agreement between the City of Moorpark, the City of Simi Valley, the City of Thousand Oaks and the County of Ventura, and Safety Kleen, for Provision of Regional Household and Conditionally Exempt Small Quantity Generator (CESQG) Hazardous Waste Collection Program Services, and authorize the Mayor and Staff to execute the Agreement. D. Consider Acceptance of Storm Drain Easement Deed for Storm Drain Lateral to be Constructed Between Casey Road and the Point of Connection to the Ventura County Flood Control District (VCFCD) Box Culvert Located South of Casey Road. Staff Recommendation: Approve Certificates of Acceptance for the subject storm drain easement deed and direct the City Clerk to cause said documents to be recorded upon receipt of a Policy of Title Insurance for said easement. E. Consider Acceptance of Deed for Certain Property Acquired for the Construction of the Tierra Rejada Road Bridge Minutes of the City Council Moorpark, California Page 20 May 5, 1999 Across the Arroyo Simi. Staff Recommendation: Approve Certificates of Acceptance for the subject right -of -way deed and direct the City Clerk to forward the deed and certificate to the City's title officer for recordation. G. Consider Termination of Consent and Agreement Between the City of Moorpark and East West Bank pertaining to Simi - Conejo Construction Inc. Staff Recommendation: Consent to the termination of the Consent and Agreement between the City of Moorpark and East West Bank and authorize the City Manager to notify the affected parties of such consent. H. Consider Adoption of a Resolution Directing Planning Commission to Provide Recommendation on a Code Amendment Related to Lighting Systems for Development Projects. Staff Recommendation: Adopt Resolution No. 99 -1605. I. Consider Adoption of Resolution No. 99 -1606 Directin Planning Commission to Provide Recommendation on a Code Amendment Related to Processing of Development Projects within the Downtown Specific Plan Area. Staff Recommendation: Adopt Resolution No. 99 -1606. J. Consider Resolution No. 99 -1607 Authorizing Ventura Pacific Capital Group's Request for an Assessment Prepayment (Assessment District No. 92 -1). Staff Recommendation: Adopt Resolution No. 99 -1607 authorizing the prepayment by Ventura Pacific Capital Group for APN 511 -0- 080 -615 in the amount of $66,869.42 and direct staff to process the prepayment with the fiscal agent. (ROLL CALL VOTE REQUIRED) The following Item was pulled from the Consent Calendar for individual consideration: F. Consider the Acceptance of Improvements and Suret Reduction for IPD 97 -1 & 2, CUP 97 -1 - Kwik Kar Lube and Tune. Staff Recommendations: 1) Accept the improvements as complete; 2) Authorize the City Clerk to exonerate the Grading and Drainage Bond; 3) Authorize the City Clerk to reduce the street improvement bond to 10% for a one -year maintenance period and then exonerate the bond, subject to the Engineering Department's final approval at that time. Minutes of the City Council Moorpark, California Page 21 May 5, 1999 —' MOTION: Mayor Hunter moved and a motion to take the item off motion carried by voice vote absent. 12. ORDINANCES: None. 13. CLOSED SESSION: Councilmember Harper seconded the Council's calendar. The 4 -0, Councilmember Rodgers Mr. Kueny announced that the City Council would be going into closed session for discussion of one case under Item 13.A. and Items 13.C., 13.D., 13.E., 13.G., 13.H., 13.J., and 13.K. on the agenda. The City Attorney announced that the facts and circumstances creating significant exposure to litigation consist of written communication threatening litigation received from Richard Francis relative to rezoning the Specific Plan No. 8 area. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to adjourn to closed session for a discussion of one case under Item 13.A., and Items 13.C., 13.D., 13.E., 13.G., 13.H., 13.J., and 13.K. on the agenda. The motion carried by voice vote 4 -0, Councilmember Rodgers absent. The time was 11:35 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) Minutes of the City Council Moorpark, California Page 22 May 5, 1999 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) 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) City of Moorpark vs. Bowen J. 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) K. CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Employee Organization: Service Employees International Union, AFL -CIO, CLC, Local 998 Present in closed session were Mayor Hunter, Councilmember Evans, Councilmember Harper, Councilmember Wozniak, Steven Kueny, City Manager; Cheryl Kane, City Attorney; John Nowak, Assistant City Manager; Wayne Loftus, Acting Director of Community Development; and Deborah Traffenstedt, City Clerk. Minutes of the City Council Moorpark, California Page 23 May 5, 1999 The Council reconvened into open session at 1:19 a.m. Mr. Kueny reported that there was no action to report for Items 13. A., 13.C., 13.D., 13.E., 13.G., and 13.K. on the agenda. The City Attorney reported that for Item 13.H., by a unanimous vote of Councilmembers Evans, Harper, and Wozniak and Mayor Hunter, the City Council directed the City Attorney to defend in Hidden Creek Ranch LP vs. the City of Moorpark, a case in which Hidden Creek Ranch LP sued to invalidate Measure S (SOAR) and for inverse condemnation. The City Attorney also reported that for Item 13.J., by a vote of 3 to 1, with Councilmembers Harper and Wozniak and Mayor Hunter voting yes and Councilmember Evans voting no, the City Council directed the City Attorney to defend in Environmental Coalition vs. City of Moorpark, a case in which the Coalition sued to invalidate the Specific Plan No. 8 annexation. 14. ADJOURNMENT: MCAT T nN . ATTEST: Mayor Hunter adjourned the meeting at 1:20 a.m. Deborah S. Traffens edt City Clerk