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HomeMy WebLinkAboutMIN 1999 0818 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California August 18, 1999 A Regular Meeting of the City Council of the City of Moorpark was held on August 18, 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 6:46 p.m. 2. INVOCATION: A Silent Moment of Reflection was held. 3. PLEDGE OF ALLEGIANCE: Captain Lewis 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; Brian Pierik, Assistant 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; John Libiez, Principal Planner; Deborah Traffenstedt, City Clerk; and La -Dell VanDeren, Deputy City Clerk. S. PROCLAMATIONS AND COMMENDATIONS: A. Recognize Steven Kueny for 15 years of service as a City Employee. Mayor Hunter recognized Steven Kueny for his service to the City as City Manager. He discussed his achievements and presented a City plaque to Mr. Kueny. Mr. Kueny thanked the Council for the recognition. He commended the City employees for their contributions to past achievements. Minutes of the City Council Moorpark, California Page 2 August 18, 1999 B. Introduce new employee La -Dell VanDeren, Deputy City Clerk. Mayor Hunter introduced La -Dell VanDeren as the new Deputy City Clerk. C. City Manager's Monthly Report. The monthly report was deferred. 6. PUBLIC COMMENT: Michael Carney, 200 E. Santa Clara Street, Ventura, representing Pacific Bell, addressed the Council regarding the cable franchise renewal. He discussed the need to maintain open access to allow any internet service provider to use cable television lines. AT THIS POINT in the meeting, a recess was declared to convene the Redevelopment Agency. The time was 6:58 p.m. The Council reconvened at 7:00 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 REORDERING OF, AND ADDITIONS TO, THE AGENDA: —' (Pursuant to Council Rules of Procedure Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified a t this time.) Mayor Hunter stated Item 10.L. would be continued to September 1, 1999. CONSENSUS: By consensus, the Council continued Item 10.L. to September 1, 1999. Councilmember Rodgers stated she intended to pull Item 11.A. Ms. Traffenstedt requested the Council pull Item 11.5. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter announced that the 4th Annual Moorpark Senior Games would begin September 15. He announced Country Days would be held September 24. Mayor Hunter requested a future agenda item regarding a proposed Youth Authority facility in the Specific Plan No. 8 area. Minutes of the City Council Moorpark, California Page 3 9. PUBLIC HEARINGS: August 18, 1999 A. 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 July 7, 1999, With Public Hearing Open.) Staff Recommendation: Continue the public hearing to consider the Specific Plan No. 2 project until September 1, 1999. AT THIS POINT in the meeting, Councilmember Wozniak left the dais due to a potential conflict of interest. The time was 7:05 p.m. Mr. Loftus gave the staff report. He suggested the item be continued to allow the Planning Commission to review the development agreement. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to continue the item to September 1, 1999. The motion carried by voice vote 4 -0, Councilmember Wozniak absent. Councilmember Wozniak returned to the dais at 7:07 p.m. B. Consider Appeal 99 -1 of Planninq Commission Decision to Approve a Request to Construct (15) 6' High Cellular Antennas and a 320 sq. ft. Equipment Shelter on Property Located at 13931 East Los Angeles Avenue. (Assessor Parcel No. 412 -0- 160 -300) Conditional Use Permit 98 -5. Applicant: Airtouch Cellular. (Continued from 7/21/99 with Public Hearing Open). Staff Recommendation: Direct staff as deemed appropriate. Mr. Loftus gave the staff report. In response to Councilmember Wozniak, Mr. Loftus stated there were currently no antenna sites located in residential zones within the City. John Beke, 3 Park Plaza, Irvine, representing Airtouch Cellular, discussed the proposed project and explained the proposed screening with landscaping. He stated the antennas would not affect property values. Minutes of the City Council Moorpark, California Page 4 August 18, 1999 Joie Jones, 3 Park Plaza, Irvine, consultant representing Airtouch Cellular, indicated he was available to answer questions regarding health and safety concerns. In response to Councilmember Harper, Mr. Jones stated Federal and State statutes eliminated environmental and health issues for determining approval of antennae sites. He stated he was available to respond to questions and concerns by the Council and residents. In response to Councilmember Evans, Mr. Jones described the handout he provided to the Council, which addressed site specific issues and standards in place to protect the public. He indicated it was agreed upon by experts that the sites do not pose any health and safety problems. In response to Mayor Hunter, Mr. Beke discussed cellular service deficiency areas. He explained the rationale for the proposed location of the site and coverage provided by the site. He discussed the other site considered as possible antennae location in Moorpark and a San Dimas site. In response to Councilmember Harper, Mr. Beke explained why co- location with existing competitors' sites in Moorpark would not work. He stated that the water tank site near Moorpark College was too far east and the Walnut Canyon site was too high. He also explained that Air Touch Cellular was proposing to disguise the antennas by painting them an appropriate color and use of landscaping in front of and behind the poles. Councilmember Rodgers discussed the use of a pine tree design for disguising the antenna. Mr. Beke responded that the antennae would only be six feet tall; therefore, a tree design would not be appropriate. In response to Councilmember Evans, Mr. Loftus suggested the conditions established by the Planning Commission be included in the Council resolution with any additional changes, as well as a condition to be reviewed by the City Attorney, requiring dedication of the right -of -way along Los Angeles Avenue. In response to Councilmember Wozniak, Mr. Loftus stated the applicant was proposing to utilize a private driveway to access the site. He stated a condition could be incorporated requiring maintenance of the driveway. He Minutes of the City Council Moorpark, California Page 5 August 18, 1999 discussed the visibility of the building and conditions intended to minimize visibility including landscaping, decorative masonry, a flat roof for the building, and the color of the equipment. Mayor Hunter closed the public hearing. Councilmember Harper stated that he would like to see these types of antennas clustered in certain areas of the City. He suggested approving the staff recommendation and requiring more extensive camouflage by landscaping. Councilmember Wozniak concurred that clustering of sites should occur. He stated it was necessary to create an ordinance stating criteria for site locations and design. He also stated additional landscaping would be necessary to allow an antenna at the proposed location. Councilmember Rodgers indicated reluctance to locating sites in residential areas. She indicated support for clustering of sites. Mayor Hunter stated that staff should be directed to bring back a resolution on September 1, 1999, overturning the Planning Commission decision to allow the use. Councilmember Harper suggested directing staff to work with the applicant on trying to co- locate antennas. MOTION: Councilmember Wozniak moved and Councilmember Rodgers seconded a motion to direct staff to bring back a resolution overturning the Planning Commission decision to approve the CUP for the Council's September 1, 1999 meeting. The motion carried by unanimous voice vote. C. Consider Community Development Block Grant (CDBG) FY 1999/2000 - Boys and Girls Club. Staff Recommendation: 1) Conduct public hearing and take public comments; and 2) Authorize the expenditure of CDBG funds from FY 1999/2000 for actual expenditures to re- stucco the Boys and Girls Club in an amount not to exceed fifty -five thousand dollars ($55,000). (ROLL CALL VOTE REQUIRED.) Mr. Nowak gave the staff report. Mayor Hunter opened the public hearing. Minutes of the City Council Moorpark, California Page 6 August 18, 1999 Don Moore and Scott Mosher, 280 Casey Road, representing the Boys and Girls Club, indicated they were available to answer any questions. Councilmember Evans thanked Mr. Moore and Mr. Mosher for their work at the Boys and Girls Club. Mayor Hunter closed the public hearing. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to authorize the expenditure of CDBG funds from FY 1999/2000 for actual expenditures to re- stucco the Boys and Girls Club in an amount not to exceed fifty -five thousand dollars ($55,000). The motion carried by unanimous roll call vote. D. Consider Commercial Planned Development Permit No. 98 -1 to Authorize Construction of a Private School for Pre- School through Elementary School Located on the South Side of Peach Hill Road Between Spring Road and Science Drive (Assessor Parcel No.: 512 -0- 270 -045) Applicant: Three D Enterprises. Staff Recommendations: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Determine that the subsequent Environmental Impact Report prepared for the Amended Carlsberg Specific Plan which addressed impacts for institutional uses on this property adequately addresses the proposed impacts of the proposed use (Provided for by Section 15181 of the California Environmental Quality Act) ; and 3) Adopt Resolution No. 99 -1640 approving Commercial Planned Development No. 98 -1. Mr. Loftus gave the staff report. In response to Councilmember Harper, Mr. Loftus discussed traffic flow during peak hours, and explained that the time frame differs from that of the public school. Mayor Hunter opened the public hearing. Robert King, 15244 Magnolia Blvd., Sherman Oaks, representing Three D Enterprises /Pinecrest Schools, provided an overview of the services provided by Pinecrest Schools. He described the project and coordination efforts with Moorpark Unified School District and neighboring churches. In response to Councilmember Harper, Mr. King stated the school would serve preschool through fifth grade. He Minutes of the City Council Moorpark, California Page 7 August 18, 1999 discussed the possibility of expanding to middle school age. Michael Cosenza, 12065 Havencrest Street, representing Holy Cross Church, stated he was not in opposition to the project but had concerns regarding potential traffic problems. He stated they had not been consulted regarding the issues. He discussed the Holy Cross Church programs and number of students participating. He discussed concerns with safety. He suggested all parking lots on Peach Hill Road allow right turns only to reduce traffic problems. He urged the Council to take precautions and fully evaluate the traffic situation. Mr. Loftus stated a supplemental traffic study was required to be conducted. He stated 24 -hour counts were done and the City Traffic Engineer concurred with the results of the study. He discussed the Planning Commission condition requiring the traffic issue to be monitored and adjustments made accordingly by Pinecrest Schools. In response to Councilmember Wozniak, Mr. Loftus stated the study had addressed the cumulative impacts of all projected development. In response to Councilmember Harper, Mr. Lovett stated his recollection was that the intersection of Spring Road and Peach Hill Road would retain Level of Service B after construction of the proposed project. Mr. Loftus stated traffic patterns would adjust, since drivers typically chose the path of least resistance. He suggested a condition of approval requiring covers over the trash receptacles. He discussed Condition No. 64, which may not be applicable if the project is not included in the Maintenance District. In response to Mayor Hunter's question whether the applicant agreed with the three conditions discussed, Mr. King indicated they agreed to the conditions regarding trash enclosures, hours of operation and further traffic study if deemed appropriate by the Traffic Engineer. In response to Councilmember Harper, Mr. Loftus discussed Condition No. 144. He stated this was a standard condition and that staff would work with the Police Department and applicant on standard conditions that may not be applicable. Minutes of the City Council Moorpark, California Page 8 Mayor Hunter closed the public hearing. August 18, 1999 MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to determine that the subsequent Environmental Impact Report prepared for the amended Carlsberg Specific Plan which addressed impacts for institutional uses on this property adequately addresses the proposed impacts of the proposed use (Provided for by Section 15181 of the California Environmental Quality Act), and adopt Resolution No. 99 -1640 approving Commercial Planned Development No. 98 -1 as amended to incorporate revised conditions of approval. The motion carried by unanimous voice vote. E. Consider Resolution No. 99 -1641 ADDrovin4 the Franchise Transfer of the Cable Communications Franchise held by Century Communications Corp. to Century -TCI California L.P. Staff Recommendation: 1) Open the public hearing and take testimony; 2) Close the public hearing and enter into discussion on the matter; and 3) Adopt Resolution No. 99 -1641 approving the franchise transfer of the cable communications franchise held by Century Communications Corp to Century -TCI California L.P. AT THIS POINT in the meeting, Councilmember Rodgers left the dais due to a potential conflict of interest. The time was 8:20 p.m. Mr. Nowak gave the staff report. Mayor Hunter opened the public hearing. Dan Deutsch, 6890 Pecan Avenue, representing TCI, indicated he was available to answer questions. Colin Higgin, Main at Water Street, Coudersport, PA, representing Adelphia, indicated he was available to answer questions. Lee Perron, 2939 Nebraska Avenue, Santa Monica, representing Century Communications, indicated he was available to answer questions. Michael Carney, 200 E. Santa Clara, Ventura, representing Pacific Bell, stated Pacific Bell did not oppose franchise transfers or franchise renewals. He requested the City require an open network and fair competition to provide better customer service. Minutes of the City Council Moorpark, California Page 9 August 18, 1999 In response to Councilmember Evans, Mr. Nowak stated adoption of the resolution would indicate the Council's intent that at the time of franchise renewal, open access and unbundling would be included. He stated the Municipal Code must be amended to add those requirements. Councilmember Harper indicated concurrence with Mr. Carney regarding open access. Mayor Hunter closed the public hearing. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to adopt Resolution No. 99 -1641, approving the franchise transfer of the cable communications franchise held by Century Communications Corp to Century -TCI California L.P. The motion carried by voice vote 4 -0, Councilmember Rodgers absent. F. Consider Resolution No. 99 -1642 Approving the Change of Control of the Cable Communications Franchise held by Century Communications Corp. as part of Century -TCI California L.P. within the Franchise Area formerly held by Mountain Meadows Cable Television/ Entertainment Express Ltd. Staff Recommendation: 1) Open the public hearing and take testimony; 2) Close the public hearing and enter into discussion on the matter; and 3) Adopt Resolution No. 99 -1642 approving the franchise change of control to Adelphia Communications Corporation of the cable communications franchise held by Century Communications Corp. as part of Century -TCI California L.P. within the franchise area formerly held by Mountain Meadows Cable Television /Entertainment Express Ltd. Mr. Nowak gave the staff report. Mayor Hunter opened the public hearing. Dan Deutsch, 6890 Pecan Avenue, representing TCI, indicated he was available to answer questions. Colin Higgin, Main at Water Street, Coudersport, PA, representing Adelphia, indicated he was available to answer questions. Michael Carney, 200 E. Santa Clara, Ventura, representing Pacific Bell, referred to his previous comments made under Item 9.E. Mayor Hunter closed the public hearing. Minutes of the City Council Moorpark, California Page 10 August 18, 1999 MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to adopt Resolution No. 99 -1642, approving the franchise change of control to Adelphia Communications Corporation of the cable communications franchise held by Century Communications Corp. as part of Century -TCI California L.P. within the franchise area formerly held by Mountain Meadows Cable Television /Entertainment Express Ltd. The motion carried by voice vote 4 -0, Councilmember Rodgers absent. Councilmember Rodgers returned to the dais at 8:35 p.m. G. Consider Resolution No. 99 -1643 Approving the Change of Control of the Cable Communications Franchise held by Century Communications Corp. as part of Century -TCI California L.P. within the Franchise Area formerly held by TCI Cablevision of California, Inc. Staff Recommendation: 1) Open the public hearing and take testimony; 2) Close the public hearing and enter into discussion on the matter; and 3) Adopt Resolution No. 99- 1643 approving the franchise change of control to Adelphia Communications Corporation of the cable communications franchise held by Century Communications Corp. as part of Century -TCI California L.P. within the franchise area formerly held by TCI Cablevision of California Inc. Mr. Nowak gave the staff report. Mayor Hunter opened the public hearing. Dan Deutsch, 6890 Pecan Avenue, representing TCI, indicated he was available to answer questions. Colin Higgin, Main at Water Street, Coudersport, PA, representing Adelphia, indicated he was available to answer questions. Michael Carney, 200 E. Santa Clara, Ventura, representing Pacific Bell, referred to his previous comments made under Item 9.E. Mayor Hunter closed the public hearing. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to adopt Resolution No. 99 -1643, approving the franchise change of control to Adelphia Communications Corporation of the cable communications franchise held by Minutes of the City Council Moorpark, California Page 11 August 18, 1999 "— Century Communications Corp. as part of Century -TCI California L.P. within the franchise area formerly held by TCI Cablevision of California Inc. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, a recess was declared. The time was 8:38 p.m. The Council reconvened at 8:59 p.m. with all Councilmembers present. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Request from Moorpark Packer Football Regarding Practice Field Lights. (Continued from July 7, 1999.) Staff Recommendation: Direct staff as deemed appropriate. Ms. Lindley gave the staff report. Douglas Shoop, 6654 N. Berkley Circle, representing Moorpark Packers Youth Football, discussed the history of their practice facility and provided background on the light issue. He stated the lights would be off by 7:30 p.m. He explained their proposal for the lights including burying the lines and reducing noise pollution. Bill Moellering, 4492 Cedarglen Court, stated he had concerns regarding light spillage and that he appreciated the 7:30 p.m. curfew. In response to Mayor Hunter, Mr. Shoop explained that the light spillage would be more directional than the current lights. He explained the reason for the specific location of the lights and having lights on each side of the field. He agreed that the lights could be relocated to avoid shining into neighboring yards. Councilmember Harper suggested the lights be tested by directing staff to set up a demonstration to allow neighbors to view the lights and allow staff to make a determination based on comments. Mayor Hunter stated that was a reasonable request and asked that Mr. Moellering be notified of the demonstration. Ms. Lindley discussed the feasibility of conducting the demonstration using existing power sources. CONSENSUS: By consensus, the Council directed staff to arrange for a test demonstration of the requested practice field lights, with staff to approve or deny the request based Minutes of the City Council Moorpark, California Page 12 August 18, 1999 on whether glare impacts are found to be adverse for adjacent residential properties. In response to Councilmember Evans, Ms. Lindley explained that the staff recommendation to decline the loan to Packer Football was based on their indication that it was no longer needed. B. Consider Appointment to the Area Housing Authority of the County of Ventura. Staff Recommendation: Appoint one Commissioner to the Area Housing Authority for a four - year term to expire August 2003. Ms. Traffenstedt gave the staff report. MOTION: Mayor Hunter moved and Councilmember Evans seconded a motion to appoint Herbert Morrison as a Commissioner to the Area Housing Authority for a four -year term to expire August 2003. The motion carried by unanimous voice vote. C. Consider Request from Carlsberg for Early Construction of the Park in the Carlsberg Specific Plan. Staff Recommendation: 1) Approve Carlsberg's request to amend the Settlement Agreement allowing them to proceed with the construction of the park in the Carlsberg Specific Plan; and 2) Confirm that the developer shall assume the cost of fully maintaining the improved park, under Cit Administration, through the occupancy of the 227` dwelling unit, at which time the City will be asked to formally accept the park; and 3) Confirm that developer, as specified in the Settlement Agreement, will continue to assume maintenance cost for the park, under City Administration, for one full year after the City's acceptance. Ms. Lindley gave the staff report. In response to Mayor Hunter, Ms. Lindley stated the City would want to monitor and ensure the maintenance of the park was consistent with City standards. Lloyd Laycook, 1850 Gammon Court, Thousand Oaks, representing Lennar Communities, indicated concurrence with the staff report recommendation. Mr. Kueny stated, to maintain consistency, the City would collect fees to cover maintenance costs, with the water meter remaining in the applicant's name. He suggested Minutes of the City Council Moorpark, California Page 13 August 18, 1999 "consistent with City standards" be added, and that the City administer the contract. MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to: 1) Approve Carlsberg's request to amend the Settlement Agreement allowing them to proceed with the construction of the park in the Carlsberg Specific Plan; and 2) Confirm that the developer shall assume the cost of fully maintaining the improved park consistent with City standards and under City administration of the contract, through the occupancy of the 227th dwelling unit, at which time the City will be asked to formally accept the park; and 3) Confirm that developer, as specified in the Settlement Agreement, will continue to assume maintenance cost for the park, under City Administration, for one full year after the City's acceptance. The motion carried by unanimous voice vote. D. Consider Conceptual Master Plan for Arroyo Vista Community Park (AVCP) Phase II. Staff Recommendation: The Parks and Recreation Commission and staff recommend that the City Council approve the conceptual Master Plan for AVCP Phase II as presented in this Agenda Report. Ms. Lindley gave the staff report. David Brown, representing the City as the landscape architect consultant, described the conceptual Master Plan. Roseann Mikos, 14371 E. Cambridge Street, expressed concern that the park was now planned to be all active recreation. She stated the original plan included a lake and passive area, which was deleted. Eloise Brown, 13193 Annette Street, concurred that the lake and passive area should be included. In response to Mayor Hunter, Mr. Brown stated the jogging trail would loop the entire park. Councilmember Rodgers indicated concern that the park plan was driven by youth sports. She suggested a lawn bowling and horseshoe area be incorporated. Councilmember Harper concurred that passive use areas needed to be included. Councilmember Evans stated he believed the plan was appropriate for this park. He stated other parks such as Minutes of the City Council Moorpark, California Page 14 August 18, 1999 Poindexter Park could be used for the senior needs and that the City could not afford a lake due to maintenance costs. He stated the plan does not prevent future remodeling. He stated his only concern was that the new proposed parking area extended too close to neighboring homes. In response to Councilmember Evans, Mr. Kueny stated the proposal by Edison for its adjacent land would be on a subsequent agenda. Councilmember Wozniak discussed the changes to the Master Plan over the years. He stated the plan allowed flexibility for changes in the future. He stated Poindexter Park was more appropriate for senior activities. Mayor Hunter stated the plan was a good base document and that youth sports needs more space. He supported the proposed north -south parking lot but agreed that it extends too close to the residential area. He recommended the Council continue working on the plan in a workshop setting. He stated it would cost nearly $5 million to implement the plan as proposed. Councilmember Harper concurred with the suggestion for a workshop. He discussed funding provided to the City through development agreements, of which a portion should be allocated to senior needs. CONSENSUS: By consensus, the Council directed staff to schedule a joint meeting with the Parks and Recreation Commission at some future time to discuss the conceptual Master Plan. E. Consider Approval in Concept of a Proposed Site for New Fire Station in the Campus Park Area. Staff Recommendation: Approve in concept the location of a proposed fire station at Campus View Avenue, including use of a portion of Paul E. Griffin Park. Mr. Nowak gave the staff report. In response to Councilmember Harper, Mr. Nowak stated the intent was to donate the land to the Fire Department. He discussed notification that would be provided to residents prior to action being taken. Minutes of the City Council Moorpark, California Page 15 August 18, 1999 Gerald Goldstein, 11932 Los Angeles Avenue, asked why the Mountain Meadows Fire Station is closed. Mayor Hunter recommended the Council move forward on the matter. CONSENSUS: By consensus, the Council approved, in concept, the location of a proposed fire station at Campus View Avenue, including use of a portion of Paul E. Griffin Park. F. Consider Resolution No. 99- Rescinding Resolution No. 97 -1287 and Approving Prima Facie Speed Limits for Certain Street Segments and Approving the Posting of Speed Limit Signs on Said Streets. Staff Recommendations: 1) Approve the Traffic Speed Zone Survey and Engineering Study dated July 1999; and 2) Adopt Resolution No. 99- Rescinding Resolution No. 97 -1287 and Approving Prima Facie Speed Limits for Certain Street Segments and approving the Posting of Speed Limit Signs on Said Streets. Mr. Gilbert gave the staff report. Mayor Hunter summarized the speed limits to be reduced and increased. He suggested publicizing the changed speed limits. In response to Councilmember Evans, Mr. Gilbert explained that accident rates and conditions not readily apparent to the driver resulted in posted speeds being 5 miles per hour (mph) less than 85th percentile. He explained the benefit of having all of Tierra Rejada Road posted for 45 mph. He stated the speed limit on Mountain Trail Street was recommended to be lowered due to the accident rate being four times higher than average. Mayor Hunter indicated support for reducing the speed on Mountain Trail Street. Councilmember Rodgers stated 35 mph is too slow for Science Drive. She suggested changing the speed limit to 45 mph. Mr. Gilbert stated 40 mph was being recommended. He suggested the Council receive input from the Traffic Engineer prior to increasing the speed limit to 45 mph. Mr. Kueny stated the item could be deferred to receive input from Traffic Engineer. Minutes of the City Council Moorpark, California Page 16 August 18, 1999 CONSENSUS: By consensus, the Council continued Item 10.F. to September 15, 1999. G. Consider Installation of Class 2 Bike Lanes on High Street. Staff Recommendation: Direct staff to proceed with the installation of Class 2 Bike Lanes on High Street. Mr. Gilbert gave the staff report. Councilmember Harper stated bike lanes would be compatible with the Downtown area. MOTION: Councilmember Harper moved and Mayor Hunter seconded a motion to direct staff to proceed with the installation of Class 2 Bike Lanes on High Street. The motion carried by unanimous voice vote. H. Consider Reconsideration of the Vote to Adopt Resolution No. 99 -1637 and Adopt Revised Resolution Directing the Planning Commission to Set a Public Hearing and Provide a Recommendation on General Plan and Zoning Amendments Necessary to Implement Provisions of Voter Approved Measure "S" upon all Lands Within the Boundaries of Specific Plan No. 8, Hidden Creek Ranch. Staff Recommendation: 1) Consider reconsideration of the vote to adopt City Council Resolution No. 99 -1637; and 2) Leave Resolution No. 99 -1637 in place. AT THIS POINT in the meeting, Councilmember Rodgers left the dais due to a potential conflict of interest. The time was 10:10 P.M. Mr. Loftus gave the staff report. CONSENSUS: By consensus, the Council determined to take no aczion. I. Consider Action to Rescind Ordinance No. 244 AdoDtin Specific Plan No. 8 Zoning Designation for Properties Within the Hidden Creek Ranch Specific Plan, (Specific Plan 93 -1) including Development Standards for Said Properties. Staff Recommendation: Direct staff as deemed appropriate. Mr. Loftus gave the staff report. In response to Mayor Hunter, Mr. Pierik stated that adoption of a new zoning ordinance, revising the zoning Minutes of the City Council Moorpark, California Page 17 August 18, 1999 previously adopted by Ordinance No. 244, requires a public hearing before both the Planning Commission and City Council. In response to Councilmember Harper, Mr. Pierik explained the court ruling regarding the annexation of Specific Plan No. 8. He stated it was a tentative ruling, which would not be final until the appeal process was exhausted. In response to Councilmember Harper, Mr. Loftus stated if the Council rescinded Ordinance No. 244, the property would need to be rezoned consistent with the current land use designation. Councilmember Harper suggested adopting two ordinances, one to rescind Ordinance No. 244 and one to replace the zoning. In response to Mayor Hunter, Mr. Loftus stated the property would revert to County zoning and land use if the annexation was reversed. In response to Mayor Hunter, Mr. Pierik concurred with Mr. Loftus. Councilmember Harper stated the Council could move forward, rescind Ordinance No. 244, place new zoning on the property pending the final outcome of the litigation, in which case the second ordinance would stand or the land would revert to the County and the original County zoning would go back onto the property. Richard Francis, 711 South "A" Street, Oxnard, stated staff had been directed to deal with Ordinance No. 244 separately from the other issues. He stated it was necessary to implement the Save our Open Space and Agricultural Resources (SOAR) ordinance. He stated Ordinance No. 244 should be rescinded. In response to Councilmember Evans, Mr. Francis confirmed that SOAR has been challenged in court. Roseann Mikos, 14371 E. Cambridge Street, concurred with Mr. Francis' comments. She stated Ordinance No. 244 needed to be rescinded. Councilmember Evans stated he wants to protect the taxpayers that are paying the legal bills. He stated he Minutes of the City Council Moorpark, California Page 18 August 18, 1999 supported rescinding the Ordinance, but that there was a need to avoid the risk of further litigation. In response to Councilmember Evans, Mr. Pierik stated it was not necessary to take action to rescind Ordinance No. 244, since the Council had already adopted a resolution asking the Planning Commission to study revising the land use designation and zoning for the property. Mayor Hunter stated the public is entitled to evidence that the Council is complying with SOAR. He stated repealing Ordinance No. 244 would provide that evidence. Councilmember Wozniak discussed the process necessary to repeal the ordinance. In response to Councilmember Harper, Mr. Pierik stated a requirement of due process was to conduct Planning Commission and City Council public hearings on rescinding the ordinance. In response to Mayor Hunter, Mr. Pierik explained that the matter should be referred to the Planning Commission —' for rescinding Ordinance No. 244 and adoption of new zoning for the site. Mayor Hunter stated the Housing Element and OSCAR Element were not in conformance prior to adoption of Ordinance No. 244 and Measure S. In response to Councilmember Harper, Mr. Kueny explained that the Planning Commission makes recommendations on all zoning ordinances with the Council enacting the ordinances. In response to Mr. Kueny, Mr. Loftus explained that to implement SOAR, several General Plan Elements must be modified and a new zone district must be created. MOTION: Councilmember Harper moved and Mayor Hunter seconded a motion to direct staff to bring back a resolution to direct the Planning Commission to consider an ordinance to rescind Ordinance No. 244 and an ordinance to zone the Specific Plan No. 8 site consistent with SOAR. The motion carried by voice vote 4 -0, Councilmember Rodgers absent. CONSENSUS: By consensus, the Council determined to continue the agenda in order following a recess. Minutes of the City Council Moorpark, California Page 19 August 18, 1999 '-' AT THIS POINT in the meeting, a recess was declared. The time was 10:49 p.m. The Council reconvened at 11:07 p.m. with all Councilmembers present. Mayor Hunter indicated it was necessary to revisit Item No. 10.I. I. Consider Action to Rescind Ordinance No. 244 Adoptin Specific Plan No. 8 Zoning Designation for Properties Within the Hidden Creek Ranch Specific Plan, (Specific Plan 93 -1) including Development Standards for Said Properties. Staff Recommendation: Direct staff as deemed appropriate. Mayor Hunter indicated Councilmember Rodgers had returned to the dais but would not participate in any discussion or action. MOTION: Councilmember Harper moved and Mayor Hunter seconded a motion to reconsider the Council's action on Item 10.I. The motion carried by voice vote 4 -0, Councilmember Rodgers absent. —' Mr. Kueny stated it was necessary to adopt a resolution to direct the Planning Commission to study rescinding Ordinance No. 244. He explained the chronology of the events to occur and that the earliest regular Planning Commission date was September 24. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to direct staff to draft a resolution for a special City Council meeting on September 8, 1999, directing the Planning Commission to consider an ordinance to rescind Ordinance No. 244 and an ordinance to zone the Specific Plan No. 8 site consistent with SOAR. POINT OF ORDER: Councilmember Harper asked if an action needed to be taken on the previous action of the Council. Mr. Pierik responded that the prior action should be rescinded. Mayor Hunter withdrew his motion. MOTION: Councilmember Harper moved and Mayor Hunter seconded a motion to rescind the Council's prior action on Item 10.I. The motion carried by voice vote 4 -0, Councilmember Rodgers absent. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to direct staff to prepare a resolution, including Minutes of the City Council Moorpark, California Page 20 August 18, 1999 the wording recommended by Ms. Mikos, directing the Planning Commission to study rescinding Ordinance No. 244 and adopting new zoning for Specific Plan No. 8 site that is consistent with Measure S (SOAR) and to bring back the draft resolution at a special meeting on September 8, 1999. In response to Councilmember Evans, Mr. Loftus explained the recommendation by the City Attorney that the language proposed by Ms. Mikos should not be included. AMENDMENT: Mayor Hunter amended the motion to exclude reference to inclusion of language proposed by Ms. Mikos. Councilmember Harper accepted the amendment. The motion carried by voice vote 4 -0, Councilmember Rodgers absent. J. Consider Minor Modification No. 1 to Planned Development Permit No. 1061 Request for Conversion of 3,000 Square Feet of Warehouse to Retail Space at an Existing Building Located at 31 Poindexter Avenue. (Applicant: Kahoots Feed and Supply). Staff Recommendation: Adopt Resolution No. 99 -1644 conditionally approving Minor Modification No. 1 to Planned Development Permit No. 1061 for conversion of 3,000 sq. ft. of floor area from warehouse to retail use. Mr. Loftus gave the staff report. Michael J. Bittinger, P.O. Box 2123, Ramona, Kahoots Feed and Supply, requested that the Council approve the staff recommendation. MOTION: Councilmember Harper moved and Mayor Hunter seconded a motion to adopt Resolution No. 99 -1644, conditionally approving Minor Modification No. 1 to Planned Development Permit No. 1061 for conversion of 3,000 sq. ft. of floor area from warehouse to retail use. The motion carried by unanimous voice vote. K. Consider Proposed Development Agreement for Specific Plan No. 2 (Moorpark - Highlands /Morrison - Fountainwood - Agoura). Staff Recommendation: Direct Planning Commission to Consider Proposed Development Agreement and set City Council Public Hearing for September 15, 1999. Councilmember Wozniak indicated he would not participate for this item due to a potential conflict of interest. Mr. Kueny gave the staff report. Minutes of the City Council Moorpark, California Page 21 August 18, 1999 Michael Greynald, 711 Daily Drive, Camarillo, Morrison Fountainwood Agoura, indicated they were in agreement with the provisions and urged Council to move forward. MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to direct the Planning Commission to consider the proposed Development Agreement and set the City Council Public Hearing for September 15, 1999. The motion carried by voice vote 4 -0, Councilmember Wozniak absent. L. Consider Report on Options for Processing a Comprehensive General Plan and Zoning Code Work Program. Staff Recommendation: Direct staff as deemed appropriate. CONSENSUS: By consensus, the Council continued Item 10.L. to September 15, 1999. 11. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to approve the Consent Calendar with the exception of Item No. 11.A., May 5 Special Meeting Minutes, and Item No. 11.S. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular City Council Meetinq of March 17, 1999. Consider Approval of Minutes of Regular City Council Meeting of May 19, 1999. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of Warrant Reqister - Auqust 4, 1999. Fiscal Year 1998/99 Manual Warrants 44076 - 45148 $(490.00) Regular Warrants 45188 - 45196 - D $ 39,125.15 45197 - 45232 - V $114,149.15 Staff Recommendation: Approve the Warrant Register. C. Consider Approval of Warrant Register- August 4, 1999. Fiscal Year 1999/00 Manual Warrants 100007 & $10,089.89 100033 - 100038 Minutes of the City Council Moorpark, California Page 22 August 18, 1999 C E. Voided Warrants 100053 - 100124 & $0.00 (Printing Problem) 100188 Regular Warrants 100039 - 100052 & - V $924,788.97 100125 - 100197 Staff Recommendation: Approve the Warrant Register. Consider Approval of Warrant Register- August 18, 1999. Fiscal Year 1998/99 Voided Warrant 45059 $(240.00) Regular Warrant 45233 - 45254 $419,887.83 Staff Recommendation: Approve the Warrant Register. Consider Approval of Warrant Register- August 18, 1999. Fiscal Year 1999/00 Manual Warrants 100198 - 100202 $17,550.23 Voided Warrant 100008 $(160.00) Regular Warrants 100208 - 100294 - V $260,805.88 Staff Recommendation: Approve the Warrant Register. F. Consider Approval of Final Map Tract 4980 ( Lennar Homes /Western Pacific Housing). Staff Recommendation: 1) Approve the Final Map for Tract 4980 along with the Agreement for Construction of Subdivision Improvements and Reimbursement between the City and Western Pacific Housing and approve the Amended Early Grading Agreement between the City and Lennar Homes of California, Inc., subject to the review and approval of said agreements as to format and content by the City Manager and City Attorney and the CC &R's to be approved by the Director of Community Development and City Attorney; and 2) Authorize the Mayor and City Clerk to sign the Final Map Title Sheet, Agreement for Construction of Subdivision Improvements and Reimbursement, Amended Early Grading Agreement for Tract 4980 and, the Release of Covenant Agreement, subject to the requirements of No. 1 above; and 3) Direct the City Clerk to record the Final Map for Minutes of the City Council Moorpark, California Page 23 August 18, 1999 Tract 4980, the Agreement for Construction of Subdivision Improvements and Reimbursements, Amended Early Grading Agreement and the Release of Covenant and Agreement, subject to the requirements of No. 1 above. G. Consider Request by Roam'n Relics Car Show to Hold Event on October 24, 1999 and to Reduce City Fees. Staff Recommendation: 1) Charge Roam'n Relics Car Club for police direct costs as charged to the City by the County of Ventura, charge the direct costs for staff time to plan the event, and not charge for the use of the Redevelopment Agency's property; and 2) Require payment of encroachment permit fees ($40.00) and Temporary Use Permit ($88.00) fees; and 3) Require the Roam'n Relics Car Club to provide the City and Agency an indemnification /hold harmless agreement and name the City and Agency as additional insured on its insurance policy. H. Consider a Reorqanization of the Finance Division. Staff Recommendation: 1) Approve the addition of an Account Technician II position in the Finance Division; and 2) Authorize the City Manager to fill any vacancy in the Finance Division with either an Account Clerk I or an Account Clerk II position. I. Consider Resolution No. 99 -1645 Rescinding Resolution No. 93 -989 Designating Certain Streets as Class II Bike Lanes and Adopting a Revised List of Streets to be so Designated. Staff Recommendation: Adopt Resolution No. 99 -1645 rescinding Resolution No. 93 -989 designating certain streets as Class II Bike Lanes and adopting a revised list of streets to be so designated. J. Consider Resolution Rescindinq Resolution Nos. 85 -175 and 93 942 Pertaining to Parking Restrictions on Casey Road and Establishing Revised Parking Restrictions on Said Street. Staff Recommendation: Adopt Resolution No. 99 -1646 rescinding Resolution Nos. 85 -176 and 93 -942 pertaining to parking restrictions on Casey Road and establishing revised parking restrictions on said street. K. Consider Approval of the Plans and Specifications for the 1999 Miscellaneous Curb, Gutter & Sidewalk Repair Project and Authorization to Advertise for Receipt of Bids for the Said Work. Staff Recommendation: 1) Direct staff to revise the plans to include the areas described in Section C of the staff report; 2) Approve the plans and specifications for the subject project, with the above - referenced change; and 3) Authorize staff to advertise for receipt of bids Minutes of the City Council Moorpark, California Page 24 August 18, 1999 upon receipt of the authorization to proceed from Caltrans. L. Consider Resolution No. 99 -1647 Amending the FY 1999/2000 Budget to Add a Project for the Construction of Pavement Rehabilitation and Related Work on Los Angeles Avenue Between Spring Road and the Route 118 Freeway. Staff Recommendation: 1) Adopt Resolution No. 99 -1647 amending the FY 1999/00 Budget to fund the subject project; and 2) Direct staff to proceed with the design for both Phase 1 and Phase 2 improvements, as described in the staff report. (ROLL CALL VOTE REQUIRED.) M. Consider Approval of the Plans and Specifications for the Poindexter Avenue Widening Project and Authorization to Advertise for Receipt of Bids for the Said Work. Staff Recommendation: 1) Approve the plans and specifications and authorize staff to advertise for receipt of bids upon receipt of the authorization to proceed from Caltrans; and 2) Direct staff to make provisions for the future westerly extension of the parkway landscaping on Poindexter Avenue at Sierra Avenue. N. Consider an Extension of the Franchise Renewal Application Filing Period. Staff Recommendation: Approve an extension of the filing deadline for cable television franchise renewal applications to September 1, 1999. O. Consider Authorizinq City Manager to Approve a Two -Year Contract with Videomax Productions, Inc., for Provision of Cable Government Channel Production, Operations, Maintenance, and Related Services. Staff Recommendation: Direct City Manager to approve a new two -year agreement with Videomax Productions, Inc., not to exceed the increase discussed in the staff report. P. Consider Request From Kiwanis of Moorpark to Waive Park Rental Fees for Softball Tournament. Staff Recommendation: Approve the request from the Kiwanis of Moorpark to waive park rental fees associated with their Girls Softball Tournament, provided that they pay any direct costs incurred by the City, and grant permission to operate temporary concession stands. Q. Consider Budqet Amendment for Campus Canyon Park. Staff Recommendation: Staff and the Parks and Recreation Commission recommend that the City Council 1) Approve the replacement of the wrought iron fence using the upgraded specification; 2) Adopt Resolution No. 99 -1648, amending Minutes of the City Council Moorpark, California Page 25 August 18, 1999 the FY 1999/00 Budget by appropriating $20,000 from the Park Improvement Fund Balance for Zone 3 (2103); and 3) Authorize the City Manager to sign an agreement with Pederson Fence Company to perform the work. (ROLL CALL VOTE REQUIRED). R. Consider Budget Amendment for Villa Campesina Park. Staff Recommendation: Staff and the Parks and Recreation Commission recommend that the City Council approve the purchase of two concrete picnic tables for Villa Campesina Park, and adopt Resolution No. 99 -1649 which amends the FY 1999/00 Budget by appropriating $2,000 from Assessment District 84 -2 (Zone 12) (ROLL CALL VOTE REQUIRED). The following items were pulled from the Consent Calendar for individual consideration: A. Consider Approval of Minutes of Special City Council Meeting of May 5, 1999. Staff Recommendation: Approve the minutes as processed. Councilmember Rodgers stated she was not present at the meeting and wished to abstain from voting. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to adopt the minutes of the May 5, 1999 Special City Council meeting as presented. The motion carried by voice vote 4 -0, Councilmember Rodgers abstaining. S. Consider Adoption of Resolution No. 99 -1650 Amendinq the City's Classification Plan by Revising Various Job Descriptions and Rescinding Resolution No. 99 -1619. Staff Recommendation: Adopt Resolution No. 99 -1650 establishing a Revised Classification Plan and Job Descriptions for Non - Competitive and Competitive Service Employees and Rescinding Resolution No. 99 -1619 (the final resolution will include the entire Classification Plan). Ms. Traffenstedt stated the correction being recommended was to implement changes requested by the employees union. She referenced a letter that had been provided to the Council. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to adopt Resolution No. 99 -1650, as amended, establishing a Revised Classification Plan and Job Descriptions for Non - Competitive and Competitive Service Minutes of the City Council Moorpark, California Page 26 August 18, 1999 Employees and Rescinding Resolution No. 99 -1619. The motion carried by unanimous voice vote. 12. ORDINANCES: None. 13. CLOSED SESSION: None was held. Mr. Kueny requested the Council reconsider Item No. 10.L. to change the date for the continuance to October 6. MOTION: Councilmember Harper moved and Mayor Hunter seconded a motion to reconsider Item No. 10.L. The motion carried by unanimous voice vote. MOTION: Councilmember Harper moved and Mayor Hunter seconded a motion to rescind prior action on Item No. 10.L. The motion carried by unanimous voice vote. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to continue Item No. 10.L. to October 6, 1999. The motion carried by unanimous voice vote. 14. ADJOURNMENT: MOTION: Councilmember Evans moved and Mayor Hunter seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 11:25 p.m. ATTEST: C J, Deborah S. Traffenst City Clerk