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HomeMy WebLinkAboutMIN 1999 1006 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California October 6, 1999 A Regular Meeting of the City Council of the City of Moorpark was held on October 6, 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 6:44 p.m. 2. INVOCATION: Pastor Dave Wilkinson, Moorpark Presbyterian Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Ms. Lindley led the Pledge of Allegiance. 4. ROLL CALL: _ Present: Councilmembers Evans, Harper, Rodgers, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Cheryl Kane, City Attorney; John Nowak, Assistant City Manager; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Dirk Lovett, Assistant City Engineer; Captain Mike Lewis, Sheriff's Department; Wayne Loftus, Acting Director of Community Development; Graham Mitchell, Senior Management Analyst; Deborah Traffenstedt, City Clerk and La -Dell VanDeren, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Recognize Moorpark Girls Softball 1999 Southern California A.S.A. All Star 10 and Under State Champions. Mayor Hunter recognized the Moorpark Girls Softball Team as the California A.S.A. All Star 10 and Under State Champions. Individual proclamations were presented to each player and the coaches. A plaque was presented to the City of Moorpark on behalf of Moorpark Girls Softball. B. Recognize 1999 Miss Moorpark, Nicole Lipka, and Miss Teen Moorpark, Hilary Gushwa. Minutes of the City Council Moorpark, California Page 2 October 6, 1999 -` Mayor Hunter presented a certificate of recognition to Nicole Lipka, Miss Moorpark, and Hilary Gushwa, Miss Teen Moorpark. C. Recognize Ride -Share Week: October 4 - October 8, 1999 (Proclamation). Mayor Hunter presented a proclamation to Ms. Lindley, Director of Community Services, recognizing Ride -Share Week, October 4 - October 8, 1999. D. Recognize Mental Illness Awareness Week: October 3 - October 9, 1999 (Proclamation). Mayor Hunter presented a proclamation to Kathleen Payne, Educator and Past President of the Ventura County Alliance for the Mentally Ill, recognizing Mental Illness Awareness Week, October 3 - October 9, 1999. E. Recognize Donation from Moorpark Tennis Club. Mayor Hunter introduced Rob Pereira, President of the Moorpark Tennis Club. Mr. Pereira thanked the Council and School District for bringing the tennis courts to fruition. He announced a fundraiser to be held on October 23, 1999 for the American Cancer Society. He announced the donation of $5,000 to the City of Moorpark for the tennis backboard and benches. Mayor Hunter presented a certificate of appreciation to the Moorpark Tennis Club for its contribution to the Arroyo Vista Community Park Tennis Court facility. 6. PUBLIC COMMENT: Gerald Goldstein, 11932 Los Angeles Avenue, expressed concern regarding locked restrooms at City Hall and the lack of restrooms at the Metrolink Station. AT THIS POINT in the meeting, a recess was declared to convene the Redevelopment Agency. The time was 7:35 p.m. The Council reconvened at 7:36 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 indicated he intended to pull Item 11.C. from the Consent Calendar. Minutes of the City Council Moorpark, California Page 3 October 6, 1999 Councilmember Harper suggested postponing Item 10.D. to follow Closed Session. CONSENSUS: By consensus, the Council determined to reorder the agenda to consider Item 10.D. after the Closed Session. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter announced training for the Disaster Assistance Response Team (DART), to be held on October 16 and October 23. Councilmember Evans reminded residents of the Moorpark Rotary Monster Maze at Tierra Rejada Ranch on the weekends in October. 9. PUBLIC HEARINGS: A. Consider Zoning Ordinance Amendment ZOA 99 -05, Lighting Standards. (Continued from September 29, 1999 with Public Hearing Closed.) Staff Recommendations: 1) Make a Motion determining that the proposed Lighting Regulations qualify for a Negative Declaration under CEQA Rules, and — Adopt said Negative Declaration; and 2) Introduce Ordinance No. for first reading adding Chapter 17.30, "Lighting Standards" to the Municipal Code as described in Attachment 1. Mr. Loftus gave the staff report. In response to Councilmember Harper, Mr. Loftus explained that low- pressure sodium lights were proposed to be prohibited due to their impact on colors and because they are not complimentary for development projects. Councilmember Harper stated the advantage of the low - pressure sodium lights is that such lights would not interfere with the observatory. Mr. Loftus stated continued review could occur for use of such lights near the College. Councilmember Harper suggested review of the color temperature of lights. In response to Mayor Hunter, Mr. Loftus stated low - pressure sodium lights did not generate less glare. He also stated the lights were distracting and did not compliment projects due to poor color perspective. Mr. Kueny recommended continuance of the item to October 20 as a Presentation /Action /Discussion item. Minutes of the City Council Moorpark, California Page 4 October 6, 1999 CONSENSUS: By consensus, the Council continued the item to October 20, 1999, as a Presentation /Action /Discussion item. B. Consider Industrial Planned Development Permit No. 99 -1 and No. 99 -2 (Rice Development) Relating to Construction of Two (2) Industrial /Warehouse Buildings located on Lots 15 and 16 of Tract No. 3492 on the Northeast Corner of Condor Drive and Los Angeles Avenue on the Application of Rice Development LLC (Assessor Parcel Nos. 513 -0- 060 -175 (Lot 15) and 513 -0- 060 -185 (Lot 16). Staff Recommendations: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Review, consider and approve the Negative Declaration; 3) Require that the applicant obtain approval of a Minor Modification for the increased square footage not previously reviewed by the Planning Commission; and 4) Adopt Resolution No. 99 -1658 approving Residential Planned Development Permit No. 99 -1 and No. 99 -2 with Conditions of Approval. Mr. Loftus gave the staff report. In response to Councilmember Harper, Mr. Loftus stated the Planning Commission did not review the request for the expanded mezzanine level. He stated a condition was included that the site plan be modified and he clarified that the parking and landscaping meet code requirements. He stated that the Council had received the revised site plan. Mayor Hunter opened the public hearing. Vince Dyer, 9100 Wilshire Boulevard No. 362W, Beverly Hills, the project architect representing Rice Development, indicated agreement with the conditions of approval. Mayor Hunter closed the public hearing. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to approve the Negative Declaration and adopt Resolution No. 99 -1658 including approval of increased square footage. The motion carried by unanimous voice vote. C. Consider Residential Planned Development Permit 99 -1 and Tentative Tract 5181 to Permit Development of Eight (8) Single Family Homes, and to Create Eight (8) Residential —` Lots on the East Side of Bard Street and West Side of Millard Street, Adjacent to Flory School. Applicant: Manual Asadurian (Assessor Parcel No. 512 -0 -131 -070) . Staff Recommendation: 1) Open the public hearing, accept Minutes of the City Council Moorpark, California Page 5 October 6, 1999 testimony and close the public hearing; 2) Review, consider and approve the Negative Declaration; and 3), Adopt Resolution No. 99- approving Residential Planned Development Permit No. 99 -1 and Tentative Tract Map No. 5181. Mr. Loftus gave the staff report. In response to Mayor Hunter, Mr. Loftus stated staff had requested information relative to design alternatives for the street improvement and undergrounding of overhead utilities. He stated staff was unclear, if overhead utilities were retained, how service would be provided to the site. He stated additional poles might be necessary if undergrounding did not occur. In response to Councilmember Evans, Mr. Loftus explained the four alternatives, consistent with State Redevelopment Law, regarding affordable housing requirements. He summarized the alternatives as identified in the staff report. Councilmember Harper suggested a fifth alternative to make all eight housing units affordable with assistance by use of City or Agency funds from buyouts of other approved projects. Joe Ahearn, Acres Realty, 484 E. Los Angeles Avenue, No. 214, representing the applicant, summarized the project background. He discussed the problem with undergrounding of utilities and stated it would cost over $75,000. He discussed the knuckle requirement for street configuration. He stated the Planning Commission had voted against the reconfiguration of the street. He suggested construction of a masonry wall, slumpstone or wrought iron combination, adjacent to the school, with wrought iron and slumpstone between the homes. He discussed their preference to not have windows on the side elevations. In response to Mayor Hunter, Mr. Ahearn discussed the two homes proposed to front on Bard Street and indicated agreement with the inclusion of a no parking area along part of this frontage. Mr. Ahearn requested the City Council allow moderate income affordable housing for the site to meet its requirement. He requested the Transportation Systems Management (TSM) Fee be $1,000, which was comparable to Minutes of the City Council Moorpark, California Page 6 October 6, 1999 —' the fee imposed on the Peach Hill LLC project. He also requested a waiver of the Citywide Traffic Fee. Councilmember Wozniak stated the letter from Southern California Edison was not specific regarding undergrounding of the utilities. He stated he would not support adding more poles. He requested more specific information on the cost of undergrounding. He stated he did not have adequate information to make a decision. In response to Councilmember Harper, Mr. Kueny stated the funds accumulated for undergrounding of utilities were committed to a project on Los Angeles Avenue. He suggested a compromise that the two wooden poles on Millard Street be removed and replaced with a standard street light pole. He also stated the pole on the Bard Street frontage should be removed and onsite utilities should be undergrounded. In response to Councilmember Harper, Mr. Kueny stated the suggested street design was recommended in order to conform to City standards and would allow street sweeping. Mr. Loftus explained the staff recommendation for the street reconfiguration was due to increased traffic. He stated the modified knuckle design could possibly avoid any taking of land from Flory School and relocation of the fire hydrant. In response to Mayor Hunter, Mr. Loftus stated the knuckle design would create a safer situation for bicyclists and traffic passage. In response to Mayor Hunter, Mr. Lovett stated less traffic would occur on the streets in the Cabrillo Gisler Field project where a non - standard design was approved. He explained that the Planning Commission recommended maintaining the existing street configuration on the subject project. In response to Councilmember Evans, Mr. Loftus explained that the Planning Commission thought the current design was working. Mr. Kueny stated staff preferred an adequate street design and suggested, if necessary, that the Council consider reducing affordable housing requirements as a trade -off. In response to Councilmember Harper, Mr. Loftus stated Dr. Duffy, of the Moorpark Unified School District, had not Minutes of the City Council Moorpark, California Page 7 October 6, 1999 provided comments. He stated the pedestrian access to Flory School would not be affected. In response to Councilmember Harper, Mr. Kueny stated the walls in the area would be for the benefit of the property owners. He stated the proposed wall would not impact access to the school. Councilmember Harper recommended against the use of wood fences. He suggested masonry walls or a combination of block wall and wrought iron. Councilmember Wozniak concurred with Councilmember Harper regarding wall material. Mr. Loftus suggested masonry sideyard walls, with a combination of wrought iron and slump stone where appropriate. CONSENSUS: By consensus, the Council directed staff to work with the applicant on the possible combination of wrought iron and slump stone walls. r' In response to Councilmember Wozniak, Mr. Kueny suggested fees be consistent with those recently imposed on other similar projects. Mr. Loftus stated the fees were consistent with other approved projects. He stated the TSM Fee was modified for Peach Hill LLC to be $1,000. Mr. Kueny stated the Peach Hill project was not conditioned to pay the affordable housing fee. He stated moderate - income affordable housing units were not counted towards meeting the City's Redevelopment area requirement. Mr. Ahearn stated the sales price for a low- income unit was $146,000 and for a moderate income unit was $199,000. He stated the anticipated selling prices would need to be over $200,000 based on the cost to develop, including fees. Councilmember Harper stated all residential projects throughout the City should pay the same fees if the impacts are the same. He suggested all eight units be affordable. Councilmember Wozniak stated $1,000 per dwelling unit was adequate for the TSM Fee. Minutes of the City Council Moorpark, California Page 8 October 6, 1999 CONSENSUS: By consensus, the Council set the TSM Fee at $1,000 per dwelling unit. Mr. Kueny stated staff was looking up the Citywide Traffic Fee for the Peach Hill LLC project. Mayor Hunter suggested tabling discussion on citywide fees and continue discussion of affordable housing. Mr. Kueny explained the possible considerations for affordable housing. Councilmember Rodgers discussed the need for low- income housing. She stated she was personally intrigued by Councilmember Harper's suggestion for requiring all eight units to be affordable. In response to Mayor Hunter, Mr. Kueny stated it was necessary to determine the developer's obligation. He explained Redevelopment Area affordable housing requirements. Councilmember Rodgers suggested requiring a minimum of one low- income dwelling unit, with further exploration of requiring all eight units to be affordable. Mr. Kueny stated an incentive could be provided, allowing staff to work with the applicant. Mr. Ahearn suggested deferring decision on the matter to allow the applicant to explore the cost of the modified knuckle, undergrounding and to meet with the Morrison Group to discuss affordable housing, with the item brought back in 30 days. Mr. Kueny stated the Specific Plan No. 2 project had no off -site affordable housing requirement. He stated it was appropriate for the applicant to meet with staff to discuss the remaining issues. Mayor Hunter supported the creation of an ad hoc committee. MOTION: Mayor Hunter moved and Councilmember Evans seconded a motion to appoint an ad hoc committee of Councilmember Harper and Councilmember Rodgers to address all issues related to RPD "` 99 -1, Tract 5181. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 9 October 6, 1999 MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to continue the public hearing open to November 3, 1999. The motion carried by unanimous voice vote. D. Consider Resolution No. 99 -1659 to Establish a Schedule of Land Use Development Processing Fees for Projects within the Downtown Specific Plan Area, and Rescinding Resolution No. 98 -1551. Staff Recommendation: Adopt Resolution No. 99 -1659 adopting Revisions to the Schedule of Land Use Development Preliminary Processing Fee Deposits. Mr. Loftus gave the staff report. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to adopt Resolution No. 99 -1659 adopting revisions to the Schedule of Land Use Development Preliminary Processing Fee Deposits. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, a recess was declared. The time was 9:04 p.m. The meeting reconvened at 9:28 p.m. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Habitat for Humanity presentation. Teresa Romney, Habitat for Humanity, introduced Site Selection Chairman Milt Radant and Committee Chair for Site Selection, Ed Wallach. Ms. Romney provided an overview of Habitat International, including a video presentation. She discussed Habitat projects within Ventura County. In response to Councilmember Harper, Ms. two homes were constructed in Thousand Camarillo, three in Ojai and four in the area. In response to Councilmember Harper, Ms. they were requesting the City possibly d( assist with the permits. Romney stated Oaks, two in Piru /Fillmore Romney stated Dnate land and Councilmember Harper requested possible identification of a lot be placed on a future agenda. CONSENSUS: By consensus, the Council directed staff to schedule a future agenda item to discuss potential sites for a Habitat for Humanity project. Minutes of the City Council Moorpark, California Page 10 October 6, 1999 B. Consider Report on Options for Processing a Comprehensive General Plan and Zoning Code Work Program. (Continued from August 18, 1999). Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny indicated the staff report was previously presented. In response to Councilmember Harper, Mr. Loftus suggested the Council determine if the existing General Plan still provided the vision for community growth. He stated it was the Council's discretion to amend or leave the General Plan as is. He stated a consultant was being used for the Housing and Safety Elements. He stated the draft OSCAR Element was almost complete. He stated recruitment was underway for a Senior or Principal Planner and a Planning Manager. In response to Mayor Hunter, Mr. Loftus stated if recruitment was successful, the Principal or Senior Planner would be hired by the end of the year and that it might take approximately four months to fill the position of Planning Manager. Mayor Hunter suggested the Council receive and file the item until the positions were filled. He requested information on the time sensitive matters. CONSENSUS: By consensus, the Council received and filed the report and directed staff to provide a mail box item on time sensitive General Plan updates. C. Consider Establishment of a Business Emergency Loan Program and Resolution No. 99 -1660 Appropriating $100,000 from the Los Angeles Area of Contribution for Businesses within the Gateway Plaza and Moorpark Plaza Shopping Centers. Staff Recommendation: 1) Approve the creation of the Business Emergency Loan Program; 2) Activate the Business Emergency Loan Program for businesses in the Gateway Plaza and Moorpark Plaza Shopping Centers; and 3) Adopt Resolution No. 99 -1660 Amending Fiscal Year 1999/2000 Operating Budget by appropriating $100,000 from the Los Angeles Area of Contribution for the Business Emergency Loan Program. (ROLL CALL VOTE REQUIRED.) Mr. Mitchell gave the staff report. Councilmember Evans stated the owner of 7 -11 Store was at the meeting but needed to leave. He stated he had Minutes of the City Council Moorpark, California Page 11 October 6, 1999 requested some language be included that if some special need could be demonstrated, the length of the loan could be modified. Councilmember Harper stated the duration of the loan was recommended by staff. He suggested a duration of five years or as determined by the City Manager. Councilmember Evans concurred with allowing flexibility. Mr. Kueny stated he felt five years was sufficient to begin with to determine how the loan program worked. Councilmember Rodgers stated five years was adequate. She stated it was also necessary to include a requirement that the business must be registered with the City. Mr. Kueny questioned whether the Council intended that the business have a valid business registration for the 12 -month period or be currently registered. CONSENSUS: By consensus, the Council determined that the business must have a current business registration, which must —' remain in effect for the duration of the loan. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to approve the Modified Business Emergency Loan Program and adopt Resolution No. 99 -1660, amending Fiscal Year 1999/2000 Operating Budget by appropriating $100,000 from the Los Angeles Area of Contribution Fund for the Business Emergency Loan Program. The motion carried by unanimous roll call vote. D. Consider the Requirement for Reciprocal Access through Mission Bell Plaza to Liberty Bell by Westgate Plaza (Parcel Map 5056 and CPD 96 -2). Staff Recommendation: Direct staff as deemed appropriate. Mayor Hunter announced that the Council previously agreed to reorder the item to follow Closed Session. E. Consider Bids for the Construction of Miscellaneous Curb, Gutter and Sidewalk Construction. Staff Recommendation: 1) Adopt Resolution No. 99 -1661 approving an amendment to the FY 1999/2000 Budget for the subject project revising the current year appropriation and budget for the subject project (Fund 2605 - Gas Tax: $39,700 increase; Fund 1000 - General Fund: $10,800 increase); 2) Award a contract to Channel Islands Paving in the amount of $61,830.75 for the construction of the subject project; 3) Approve a Minutes of the City Council Moorpark, California Page 12 October 6, 1999 construction contingency in the amount of $6,183.00 and authorize the City Manager to approve additional work, if required, for a cost not to exceed said contingency; and 4) Authorize the City Manager to sign necessary contract documents. (ROLL CALL VOTE REQUIRED.) Mr. Gilbert gave the staff report. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to 1) Adopt Resolution No. 99 -1661 approving an amendment to the FY 1999/2000 Budget for the subject project revising the current year appropriation and budget for the subject project (Fund 2605 - Gas Tax: $39,700 increase; Fund 1000 - General Fund: $10,800 increase); 2) Award a contract to Channel Islands Paving in the amount of $61,830.75 for the construction of the subject project; 3) Approve a construction contingency in the amount of $6,183.00 and authorize the City Manager to approve additional work, if required, for a cost not to exceed said contingency; and 4) Authorize the City Manager to sign necessary contract documents. The motion carried by unanimous roll call vote. F. Consider Revisions to City Council Policies Resolution and City Council Rules of Procedure for Council Meetings Resolution. Staff Recommendation: Direct staff to bring back draft resolutions, incorporating City Council recommended revisions, for consideration at the October 20, 1999, regular meeting. Councilmember Evans discussed nominations to City Commissions. He suggested the Mayor indicate his intended nominations, with a delay in action to allow the remainder of the Council time to consider the nominations. Councilmember Wozniak concurred that some modification was necessary. Mayor Hunter stated it might be inconvenient for the applicants if the vote were delayed. He stated he was willing to share his nominees and reasons for nominating. He suggested not delaying votes on the nominees. Councilmember Harper stated he would prefer to not have a delay in the appointment. He stated he would like to hear the Mayor's recommendation and then vote on the slate or individuals. Minutes of the City Council Moorpark, California Page 13 October 6, 1999 Councilmember Evans stated he was opposed to voting on a slate. He requested alternates also be identified, two alternates when applicable. Mayor Hunter stated the alternates might be offended. Councilmember Evans stated the process was to make a decision at the dais. In response to Councilmember Rodgers, Ms. Kane stated any list of nominees provided to the Council before the meeting would be a public document. Councilmember Harper stated the Mayor has the authority to appoint the members, with concurrence of the Council. He suggested the Mayor indicate the five nominees with the rationale, then a vote be taken upon each. Mayor Hunter stated directly elected Mayors have a greater authority. He proposed Policy 5.10.B read: "The Mayor shall make a motion putting forth five names to be approved for appointment," and Policy 5.10.0 read: "A second shall be required on each individual nominee." Councilmember Evans suggested that the Mayor announce the full list of names in the order that he proposed to individually nominate the candidates. Mayor Hunter stated that he agreed with that amendment. Mr. Kueny stated the number of appointments would vary and no specific number should be included in the resolution. CONSENSUS: By consensus, the Council directed staff to bring back a draft resolution at the October 20, 1999 meeting. G. Consider Response from California Transportation Commission Concerning Prohibiting Trucks on State Route 118 from State Route 23 West to State Route 126. Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny gave the staff report. Mayor Hunter stated he had met with Congressman Gallegly to solicit his support on achieving the objective of reducing truck traffic on State Route (SR) 118. He stated the matter before the Council was a response to the City's letter, indicating the necessary steps to achieve the City's objective. Minutes of the City Council Moorpark, California Page 14 October 6, 1999 Councilmember Harper recommended continuing the process. Shirley Micarelli, 639 Manzanita Drive, Fillmore, Chairperson for California Trucking Association (CTA) , stated she had been informed of the agenda item just prior to the meeting. She stated SR 118 was the most direct route. She asked if truck size classification had been considered, which may affect local deliveries. She mentioned the employment in the trucking industry and discussed improved safety. She stated they were willing to work with the City on the matter. In response to Mayor Hunter, Ms. Micarelli stated trucks use SR 118 because it is the shortest, most direct route from the Interstate Highway System. In response to Councilmember Evans, Ms. Micarelli stated the CTA could work with the City on the possibility of bypass or truck lanes. She stated they supported truck safety and truck scales. She stated the shortest, most direct routes were used to maintain profits. Mayor Hunter stated the issue was not just based on quality of life. He stated trucks also impact public safety and other programs. He stated businesses were impacted due to truck traffic on Los Angeles Avenue. He stated the loss of sales tax was detrimental to the City. In response to Mayor Hunter, Ms. Micarelli stated she would obtain new truck traffic figures for SR 126. Councilmember Rodgers stated lanes would be the difficulty the right lane were used. the disadvantage of truck in accessing driveways if Councilmember Harper stated SR 118 to the west of the City was a farm road and did not have the capacity for the truck volumes. Councilmember Wozniak stated it was necessary to do something about truck traffic before additional fatalities occur. Councilmember Evans suggested the Council receive and file the report and direct staff to compile information required for the resolution to initiate the process. Mayor Hunter stated the strategy must also place emphasis on the roadway west of Moorpark and the economic impact. Minutes of the City Council Moorpark, California Page 15 October 6, 1999 Mayor Hunter stated the road structure west of town was antiquated and not built to the same standards as current road standards. He explained the type of information he was requesting. Mr. Gilbert stated the process might require hiring a consultant. Mayor Hunter stated it was a priority and staff should compile the information. Councilmember Evans concurred that it was a priority and staff time would be appropriately spent compiling the information required. Mayor Hunter suggested a report back to the Council. Councilmember Harper stated the County should have the necessary data. Mayor Hunter stated information on sales tax was available. In response to Mayor Hunter, Ms. Traffenstedt indicated 1 written statement card was received in support from: Cheri Ackermann, 4172 Willow Creek Lane Ms. Traffenstedt indicated 1 written statement card was received in opposition from: David Grande, 9933 Lakevista Street, Ventura CONSENSUS: By consensus, the Council directed staff to begin working on the documents and reports required by the Local Agency Truck Restriction Process and to bring back a status report in two months. H. Consider a Reduction in Fee for Rental of the Arroyo Vista Community Park Tennis Courts for a Fundraiser Hosted by the Moorpark Tennis Club. Staff Recommendation: Direct staff as deemed appropriate. Ms. Lindley gave the staff report. Robert Pereira, representing the Moorpark Tennis Club, P.O. Box 491 Simi Valley, discussed the reason for selecting the American Cancer Society for the fundraiser. He requested the Council approve the fee waiver. Minutes of the City Council Moorpark, California Page 16 October 6, 1999 Ms. Traffenstedt indicated 4 written statement cards were received in support of the request from: Donna Lucky, Moorpark Tennis Club Rob Pereira, Moorpark Tennis Club Georganne Norton, Moorpark Tennis Club Cheryl Ackermann, Moorpark Tennis Club MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to approve a fee waiver for October 23, 1999. Ms. Lindley discussed the conflict with classes. She suggested one court be available for the classes and also one court available for the public. AMENDMENT: Mayor Hunter suggested an amendment to the motion to maintain one court open for classes and one court for public use. The maker of the motion and the second accepted the amendment. The amended motion carried by unanimous voice vote. 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to approve the Consent Calendar with the exception of Item No. 11.C. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Special City Council Meeting of July 21, 1999. Consider Approval of Minutes of Regular City Council Meeting of July 21, 1999. Consider Approval of Minutes of Special City Council Meeting of August 18, 1999. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register - October 6, 1999. Fiscal Year 1999/00 Manual Warrants 100408 - 100410 & $ 29,458.33 100527 - 100535 43,622.32 Voided Warrant 100616 & 100620 $ 0.00 Minutes of the City Council Moorpark, California Page 17 October 6, 1999 —` Regular Warrants 100536 - 100647 V $421,047.91 Staff Recommendation: Approve the Warrant Register. D. Consider Resolution No. 99 -1662 Amending the FY 1999/2000 Operating Budget by Appropriating $11,600 from Various Funds to Purchase Laptop Computers and Declaration of Surplus Property. Staff Recommendation: 1) Adopt Resolution No. 99 -1662 Amending the FY 99/00 Operating Budget by appropriating $11,600 from various funds for the purchase of laptop computers and declaring three existing laptop computers as surplus property. (ROLL CALL VOTE REQUIRED.) E. Consider Resolution No. 99 -1663 Amending the FY 1999/00 Operating Budget by Appropriating $18,030 from the General Fund Reserve to Fund the High School Deputy Sheriff. Staff Recommendation: Adopt Resolution No. 99- 1663 amending the FY 1999/00 Budget related to the school Deputy Sheriff. (ROLL CALL VOTE REQUIRED.) F. Consider the Addition of a Code Enforcement Officer I or Code Enforcement Officer II Position and Reclassifying the Management Analyst Position in the Administrative Services Dept. to a Senior Management Analyst position. Staff Recommendations: 1) Authorize the additional of a Code Enforcement Officer I or Code Enforcement Officer II position, at the City Manager's discretion, and elimination of the Code Enforcement Intern position in FY 99/00; and 2) Authorize the reclassification of the Management Analyst position in Administrative Services to a Senior Management Analyst position. (ROLL CALL VOTE REQUIRED.) G. Consider Resolution No. 99 -1664 Amending the Salary Plan for Competitive Service, Non - Competitive Service, and Hourly Employees and Rescinding Resolution No. 99 -1634. Staff Recommendation: Adopt Resolution No. 99 -1664. H. Consider Request to Export 13,000 Cubic Yards of Soil from Tentative Tract 4977 and Import and Stockpile to Tentative Tract 4976, in Conjunction with Early Grading for Model Homes (Lennar Homes). Staff Recommendations: 1) Approve the transportation of 13,000 cubic yards of soil from Tract 4977 to Tract 4976 as shown in the model home complex plan and the export /import plan, subject to and as revised pursuant to the conditions contained herein; and 2) Approve an early grading agreement for the model home complex in Tract 4976. Minutes of the City Council Moorpark, California Page 18 October 6, 1999 I. Consider Resolution No. 99 -1665 Designating Laurelview Drive to be a Through Street in the Vicinity of Flowercreek Drive, and Directing the Placement of a Stop Sign at the Flowercreek Drive Entrance Thereto. Staff Recommendation: 1) Adopt Resolution No. 99 -1665 making certain findings and directing the placement of a STOP sign for westbound traffic on Flowercreek Drive at the intersection of Flowercreek Drive and Laurelview Drive. The following item was pulled from the Consent Calendar for individual consideration: C. Consider Resolution No. 99 -1666 for Residential Planned Development Permit No. 98 -01 and Tentative Tract Map No. 5133 (Far West Homes, LLC.) Relating to Proposal for 80 Condominium Dwelling Units and Three Lot Subdivision and the Creation of 80 Air Space Condominiums on Approximately 9.21 Gross Acres located South of Los Angeles Avenue, West of Freemont Street and North of the Arroyo Simi (Assessor Parcel Nos.: 506 -0- 020 -48 and 51). Continued from September 15, 1999 meeting.) Staff Recommendations: 1) Review, consider, and approve the Mitigated Negative Declaration and Mitigation Monitoring Program; and 2) Adopt Resolution No. 99 -1666 approving Residential Planned Development Permit No. 98 -01 and Tentative Tract Map 5133. Mayor Hunter stated he pulled the item because Condition No. 72 was struck in error. Mr. Loftus indicated the condition referred to the opportunity for an alternative access from the future "A" Street to the Regal Park Condominium project. He stated a portion of the condition was inadvertently shown for deletion. Mr. Kueny stated Condition No. 31.P should be revised to read as follows: "Along Los Angeles Avenue, the developer shall irrevocably offer to dedicate for street purposes all of the property north of the final location of the north property line wall. The amount of property needed for the right of way for Los Angeles Avenue and the location of the sidewalk shall be as determined by the City Engineer and Director of Community Development, except that the right of way shall not exceed 20 feet, except up to an additional 5 feet may be added as required by the Director with a reduction of up to 5 feet in the size of the recreation lot. The developer shall landscape the area north of the wall not required for street improvement and sidewalks." The Council concurred with the proposed language. Minutes of the City Council Moorpark, California Page 19 October 6, 1999 CONSENSUS: By consensus, the Council tabled the item. 13. CLOSED SESSION: Ms. Kane announced that the Council would be going into Closed Session for discussion of Item 13.B. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to adjourn to Closed Session for a discussion of Item 13.B. on the agenda. The motion carried by unanimous voice vote. The time was 11:05 p.m. 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) The Council reconvened into open session at 11:35 p.m. with all Councilmembers present. 11. CONSENT CALENDAR: (Continued) C. Consider Resolution No. 99 -1666 for Residential Planned —` Development Permit No. 98 -01 and Tentative Tract Map No. 5133 (Far West Homes, LLC.) Relating to Proposal for 80 Condominium Dwelling Units and Three Lot Subdivision and the Creation of 80 Air Space Condominiums on Approximately 9.21 Gross Acres located South of Los Angeles Avenue, West of Freemont Street and North of the Arroyo Simi (Assessor Parcel Nos.: 506 -0- 020 -48 and 51). Continued from September 15, 1999 meeting.) Staff Recommendations: 1) Review, consider, and approve the Mitigated Negative Declaration and Mitigation Monitoring Program; and 2) Adopt Resolution No. 99 -1666 approving Residential Planned Development Permit No. 98 -01 and Tentative Tract Map 5133. (CONTINUED) Mayor Hunter stated staff had proposed an amendment to Condition No. 31.P. Eric Libermann indicated concurrence with the condition as read. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to approve the Mitigated Negative Declaration and Mitigation Monitoring Program and adopt amended Resolution No. 99 -1666 approving Residential Planned Development Permit No. 98 -01 and Tentative Tract Map 5133. The motion carried by voice vote 4 -1, Councilmember Harper dissenting. Minutes of the City Council Moorpark, California Page 20 October 6, 1999 10. PRESENTATION /ACTION /DISCUSSION: (Continued) D. Consider the Requirement for Reciprocal Access through Mission Bell Plaza to Liberty Bell by Westgate Plaza (Parcel Map 5056 and CPD 96 -2) . Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny stated there was no action to report out of Closed Session. He recommended the item be continued to November 3, 1999. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to continue the item to November 3, 1999. The motion carried by unanimous voice vote. 12. ORDINANCES: A. An Ordinance of the City Council of the City of Moorpark, California, Adopting a Zoning Designation of Specific Plan (SP) for all Properties within the Moorpark Highlands Specific Plan and Amending the Zoning Map of the City of Moorpark to Reflect the Land Use Designation of Specific Plan (SP) for Said Properties Comprising the Moorpark Highlands Specific Plan, (Specific Plan 2 /Specific Plan 95 -2); Amending Title 17, Zoning, of the Municipal Code of the City of Moorpark Adopting Development Standards for Said Properties and Placing Such Regulations as Chapter 17.74 Within Said Code. Staff Recommendation: Declare Ordinance No. 262 read for the second time and adopted as read. Ms. Kane read the title of Ordinance No. 262. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to waive further reading and read the ordinance title only. The motion carried by voice vote 4 -0, Councilmember Wozniak absent. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to adopt Ordinance No. 262 on second reading. The motion carried by voice vote 4 -0, Councilmember Wozniak absent. B. An Ordinance of the City Council of the City of Moorpark, California, Adopting Development Agreement No. 98 -01 between the City of Moorpark and Morrison- Fountainwood- Agoura Pertaining to the Development of the Specific Plan No. 2 Project. Staff Recommendation: Declare Ordinance No. 263 read for the second time and adopted as read. Minutes of the City Council Moorpark, California Page 21 October 6, 1999 Ms. Kane read the title of Ordinance No. 263. MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to waive further reading and read the ordinance title only. The motion carried by voice vote 4 -0, Councilmember Wozniak absent. MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to adopt Ordinance No. 263 on second reading. The motion carried by voice vote 4 -0, Councilmember Wozniak absent. C. An Ordinance of the City Council of the California Amending Title 17, Zoning, Code by Amending Table 17.20.050 to Add Facilities for Seven or More Persons as Within the RO (Single - Family Esta Recommendation: Declare Ordinance No. second time and adopted as read. City of Moorpark, of the Municipal Intermediate Care a Conditional Use te) Zone. Staff 264 read for the Ms. Kane read the title of Ordinance No. 264. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to waive further reading and read the ordinance title only. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to adopt Ordinance No. 264 on second reading. The motion carried by unanimous voice vote. D. An Ordinance of the City Council of the City of Moorpark, California, Adopting Amendments to Title 17, Zoning, of the Municipal Code of the City of Moorpark, by Amending Chapter 17.44 "Entitlement- Process and Procedure" to Incorporate Language Related to Downtown Specific Plan Discretionary Permits, Defining Notice Requirements for Such Permits, and Clarifying Appeal Requirements; and, Amending Table 17.20.060 to Permit Limited Retail Commercial Uses within the C -0 (Commercial Office) Zone Only Within the Downtown Specific Plan; and, Amending Section 17.16.080.B. Revising the Purposes of the Downtown Specific Plan Overlay Zone. Staff Recommendation: Declare Ordinance No. 265 read for the second time and adopted as read. Ms. Kane read the title of Ordinance No. 265. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to waive further reading and read the Minutes of the City Council Moorpark, California Page 22 October 6, 1999 ordinance title only. The motion carried by unanimous voice vote. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adopt Ordinance No. 265 on second reading. The motion carried by unanimous voice vote. 13. CLOSED SESSION: Ms. Kane announced that the Council would be going into Closed Session for discussion of one case under Item 13.A. and for Items 13.C. and 13.I. She announced that for the one case under Item 13.A., the facts and circumstances creating significant exposure to litigation are not yet known to potential plaintiffs. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adjourn to Closed Session for a discussion of Items 13.A., 13.C., and 13.I. on the agenda. The motion carried by unanimous voice vote. The time was 11:45 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. 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) 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. SCO22256) E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) ` Villa Del Arroyo, LTD. vs. City of Moorpark (Case No. SCO23052) Minutes of the City Council Moorpark, California Page 23 October 6, 1999 F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, LTD., a limited partnership vs. City of Moorpark (Case No. SCO21503) G. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, a limited partnership, dba Villa Del Arroyo Mobilehome Park vs. City of Moorpark, California Department of Transportation, and Ventura County Flood Control District (Case No. SC 022015) H. 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) I. 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 (Case No. SCO23388) 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 REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: 798 Moorpark Avenue, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Laszlo B. Kovacs Under Negotiation: Price and terms of payment Property: 284 Charles Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Conrado R. Lopez, et al. Under Negotiation: Price and terms of payment Property: 285 High Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Minutes of the City Council Moorpark, California Page 24 October 6, 1999 Negotiating Parties: Marsh Under Negotiation: City of Moorpark and Randall - Tracy Price and terms of payment Property: 297 High Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Randall - Tracy E. Marsh Under Negotiation: Price and terms of payment Property: 661 Magnolia Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Estella Betancourt Under Negotiation: Price and terms of payment Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Cheryl Kane, City Attorney; and John Nowak, Assistant City Manager. Councilmember Rodgers did not participate in the discussion for Items 13.C. and 13.I. and left the meeting at 12:20 a.m. The Council reconvened into open session at 12:35 a.m. Mr. Kueny announced that one case under Item 13.A. and Items 13.C. and 13.I were discussed in Closed Session and that there was no action to report. 14. ADJOURNMENT: MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adjourn. The motion carried by voice vote 4 -0, Councilmember Rodgers absent. The time was 12:35 a.m. ATTEST: Deborah S. City Clerk Traffenstedt trick Hunter, Mayor