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HomeMy WebLinkAboutMIN 1999 0915 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California September 15, 1999 A Regular Meeting of the City Council of the City of Moorpark was held on September 15, 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. ROLL CALL: Present: Councilmembers Evans, Harper, Rodgers, Wozniak and Mayor Hunter Staff Present: Steven Kueny, City Manager; John Nowak, Assistant City Manager; Cheryl Kane, City Attorney; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Dirk Lovett, Assistant City Engineer; John Whitman, City Traffic Engineer; Captain Mike Lewis, Sheriff's Department; John Libiez, Principal Planner; Paul Porter, Principal Planner; Deborah Traffenstedt, City Clerk; and La -Dell VanDeren, Deputy City Clerk S. PROCLAMATIONS AND COMMENDATIONS: A. Opening Ceremony for Senior Games. Mayor Hunter announced the Opening Ceremonies for the Senior Games. 4. PLEDGE OF ALLEGIANCE: Morrie Abramson led the Pledge of Allegiance. Mayor Hunter declared the Senior Games open. He administered the oath to the Senior Games participants. Minutes of the City Council Moorpark, California Page 2 September 15, 1999 5. PROCLAMATIONS AND COMMENDATIONS (Continued) B. Recognize September as PTSA Membership Month. Mayor Hunter presented the proclamation proclaiming the month of September 1999, as PTSA month to Beth Grassel. C. Recognize Outgoing Teen Council. Mayor Hunter recognized Outgoing Teen Councilmembers Ashley Jay Barondess, Jamie Evans, Michael Lipka, Angela Nunez, John Sherwood, and Lindsay Sanders. D. Recognize Country Days Logo Creator /Contest Winner - Michael Montoya. Mayor Hunter presented a certificate of recognition acknowledging Michael Montoya as the Country Days Logo Creator /Contest Winner. E. Presentation by State Senator Cathie Wright. Deferred to follow public comments. F. City Manager's Monthly Report. Deferred to the next meeting. 6. PUBLIC COMMENT: Shelia Villata, 530 New Los Angeles Avenue, #111, Moorpark Party Shop, requested the City Council assist them in obtaining an encroachment permit to install a sign in the public right -of -way advertising their shop. She discussed the problems caused by the closure of Spring Road. In response to Mayor Hunter, Mr. Kueny stated the Zoning Code did not permit off -site advertising and prohibited signage in the public right -of -way. He stated the closure of Spring Road would be discussed later in the meeting, at which time the Council could discuss the request. Cas Jairazbhoy, 530 New Los Angeles Avenue, owner of 7- 11, discussed the impact to his business by the closure of Spring Road. He requested consideration of his application for a low - interest loan from the Moorpark Redevelopment Agency. Minutes of the City Council Moorpark, California Page 3 September 15, 1999 Bernardo Perez, 4237 Canario Court, discussed affordable housing requirements and current applications. He suggested the Council maintain its position of achieving low- and very low - income affordable housing units. Gerald Goldstein, 11932 Los Angeles Avenue, suggested Teen Councilmembers provide input at City Council meetings. He discussed replay of Council meetings on Channel 10. 5. PROCLAMATIONS AND COMMENDATIONS (Continued): E. Presentation by State Senator Cathie Wright Senator Wright provided an overview of the State Budget. She explained the infrastructure bank allowing local governments to apply for funds for repairs. In response to Councilmember Harper, Senator Wright stated she did not vote on the bill targeting large retailers selling grocery products. She stated it should be a decision made by local government. She stated Costco and Wal -Mart lobbied against the bill. In response to Councilmember Evans, Senator Wright suggested the City express its opposition regarding the California Youth Authority locating in Happy Camp Park to the State Director of Youth and Adult Correctional Agency. AT THIS POINT in the meeting, a recess was declared to convene the Redevelopment Agency Meeting. The time was 7:28 p.m. The Council reconvened at 7:52 p.m. with all Councilmembers present. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.) Mayor Hunter stated he intended to pull Items 11.A. and 11.G. Councilmember Wozniak stated he intended to pull Item 11.A., Minutes of July 7, 1999. Minutes of the City Council Moorpark, California Page 4 September 15, 1999 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter announced Free Land Fill Day to be 19. He reminded the community of Country Day s September 25. He stated the Rotary Club Monster open from October 9 - October 31. 9. PUBLIC HEARINGS: held September on Saturday, Maze would be A. Consider Approval of General Plan Amendment No. 95 -2; Specific Plan 95 -2 /Specific Plan No. 2; Zone Change No. 95 -4; Development Agreement No. 98 -01; Mitigation Monitoring Program; Statement of Overriding Considerations. Applicant: Morrison - Fountainwood- Agoura, Moorpark Highlands Specific Plan. (Continued from September 1, 1999, with Public Hearing Open.) Staff Recommendation: 1) Conduct a Public Hearing to consider a Mitigation Monitoring Plan; a Statement of Overriding Considerations; General Plan Amendment No. 95 -2; Specific Plan No. 95 -2; and Zone Change No. 95 -4; 2) Close the Public Hearing; 3) Adopt Resolution No. 99- to adopt a Mitigation Monitoring Plan, Statement of Overriding Considerations; General Plan Amendment No. 95 -2, and -" Specific Plan No. 95 -2; and 4) Introduce Ordinance No. for first reading to adopt Zone Change No. 95 -4. Councilmember Wozniak left the dais at 7:58 p.m. due to a potential conflict of interest. Mr. Libiez gave the staff report. Michael Greynald, 711 Daily Drive, #110, Camarillo, stated he was available to answer questions. In response to Councilmember Harper, Mr. Greynald stated they agreed to provide driveway access to the La Perch property. Mr. Libiez stated the development agreement included language requiring protection of access to the La Perch property. He stated that the design of the access should be addressed at the tract map stage. In response to Councilmember Harper, Mr. Kueny stated access to the La Perch property could be provided with a driveway, to be designed at the tract map stage, and that a median break would not be appropriate. Minutes of the City Council Moorpark, California Page 5 September 15, 1999 In response to Councilmember Harper, Mr. Greynald explained the agreement with Mr. La Perch regarding the future driveway. In response to Mayor Hunter, Mr. Greynald stated discussions have ensued regarding access with all of the affected, adjacent property owners. He stated the development agreement required working with adjacent property owners to ensure proper access. He stated they were amenable to providing access. In response to Mayor Hunter, Mr. Kueny stated the appropriate time to deal with memorializing the access issues was at the time of the tract map. He read the applicable section of the development agreement pertaining to access requirements. Mr. Greynald indicated he was agreeable to the language. He stated the Waterworks District has also requested access. In response to Councilmember Evans, Mr. Greynald stated the fencing along the proposed trail would be a two -rail, low fence made out of concrete, resembling wood, specifically designed for equestrian use. In response to Councilmember Harper, Dr. Tom Duffy, representing the Moorpark Unified School District, indicated concern with when access would be available to the school site. He stated it was necessary to continue to communicate with Mr. Greynald regarding access. In response to Councilmember Harper, Mr. Libiez explained the phasing plan. He stated the access to the majority of the development, including the school site, would occur in Phase 1. In response to Councilmember Harper, Mr. Libiez stated utilities and grading for the school site would be addressed with the tract map, early in the process. In response to Councilmember Harper, Mr. Libiez stated no change to the Specific Plan would be required to accommodate the School District's concerns about access. Mr. Kueny stated school site access could be addressed in the development agreement. In response to Councilmember Rodgers, Dr. Duffy stated the school site was still proposed to be a middle school site. Mayor Hunter closed the public hearing. Minutes of the City Council Moorpark, California Page 6 September 15, 1999 MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to adopt Resolution No. 99 -1654, to adopt a Mitigation Monitoring Plan, Statement of Overriding Considerations, General Plan Amendment No. 95 -2, and Specific Plan No. 95 -2. The motion carried by roll call vote 4 -0, Councilmember Wozniak absent. Ms. Kane read the ordinance title for Ordinance No. 262. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to waive further reading. The motion carried by voice vote 4 -0, Councilmember Wozniak absent. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to declare Ordinance No. 262 introduced for first reading. The motion carried by voice vote 4 -0, Councilmember Wozniak absent. AT THIS POINT in the meeting, Councilmember Wozniak returned to the dais. A recess was declared to conduct the special City Council meeting. The time was 8:17 p.m. The Council reconvened at 8:43 p.m. with all Councilmembers present. B. Consider Approval of Development Agreement No. 98 -01; Applicant: Morrison - Fountainwood- Agoura, Moorpark Highlands Specific Plan. Staff Recommendation: 1) Conduct Public Hearing to consider Development Agreement No. 98 -01; 2) Close the Public Hearing; and 3) Introduce Ordinance No. for first reading to adopt Development Agreement No. 98 -01. AT THIS POINT in the meeting, Councilmember Wozniak left the dais due to a potential conflict of interest. The time was 8:43 p.m. Mr. Libiez gave the staff report. In response to Councilmember Harper, Mr. Kueny stated Section 6.24 covered the issue of access for neighboring properties. Mayor Hunter opened the public hearing. Michael Greynald, 711 Daily Drive, #110, Camarillo, stated he agreed with the provisions of the development agreement. Mayor Hunter closed the public hearing. Minutes of the City Council Moorpark, California Page 7 September 15, 1999 —` Ms. Kane read the ordinance title for Ordinance No. 263. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to waive further reading. The motion carried by voice vote 4 -0, Councilmember Wozniak absent. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to declare Ordinance No. 263 introduced for first reading. The motion carried by voice vote 4 -0, Councilmember Wozniak absent. AT THIS POINT in the meeting, Councilmember Wozniak returned to the dais. The time was 8:47 p.m. Mayor Hunter announced that Items 9.C. and 9.D. would be heard concurrently. C. Consider Zone Ordinance Amendments ZOA 99 -05: Lighting Standards and ZOA 99 -06: Intermediate Care Facilities in RO Zone (Single Family Estate). (Continued from September 11 1999 with Public Hearing Closed.) Staff Recommendation: Continue Consideration on Zoning Ordinance Amendments 99 -05 and 99 -06 to the City Council Meeting of October 6, 1999. D. Consider Zone Ordinance Amendments ZOA 99 -07: Permit Limited Retail Commercial Uses within the C -0 (Commercial Office) Zone; and ZOA 99 -08: Conversion of Uses from Residential to Commercial or Office Use. (Continued from September 1, 1999 with Public Hearing Closed.) Staff Recommendation: Continue Consideration on Zoning Ordinance Amendments 99 -07 and 99 -08 to the City Council Meeting of October 6, 1999. Mr. Kueny recommended Items 9.C. and 9.D. be continued to a Special Meeting on September 29, 1999 at 7:45 p.m.. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to continue Items 9.C. and 9.D. to a special meeting on September 29, 1999. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, a recess was declared. The time was 8:50 p.m. The Council reconvened at 9:15 p.m. with all Councilmembers present. E. Consider Residential Planned Development Permit No. 98 -1 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 Minutes of the City Council Moorpark, California Page 8 September 15, 1999 -" 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) . Staff Recommendation: 1) Open the public hearing, accept public testimony; 2) Review, consider and approve the Mitigate Negative Declaration and Mitigation Monitoring Program; 3) Require the applicant to revise plans per Alternative "A" (77 units) and incorporating revisions as in the recommended conditions of approval; and 4) Continue the public hearing to a date certain. Mr. Porter gave the staff report. In response to Councilmember Evans regarding guest parking, Mr. Porter stated 24M feet would be sufficient if automobiles did not block the garage. He stated the Mirabella project in Mountain Meadows has 20 -foot long driveways. He discussed the pool area for Pacific Communities and staff's recommendation for a 12,000 square foot recreational area for the project. In response to Mayor Hunter, Mr. Porter stated the project was a condominium project, with private air space units. He stated the City Council could modify the Zoning Standards to the extent permitted by the Zoning Code. He stated the parking standards would be the same for a condominium or single family residential project. He stated the same parking standards were being suggested as were imposed on the Mirabella project. In response to Councilmember Harper, Mr. Porter stated the property would be owned by the Homeowners Association (HOA), but each homeowner would have private use of a specific private space. In response to Councilmember Harper, Mr. Libiez described exclusive use value and the right to utilize the property. He stated the CC &R's would specify maintenance responsibilities. In response to Councilmember Evans, Mr. Porter stated the applicant had indicated some of the unresolved issues identified in the staff report could be resolved. He stated the applicant would provide clarification. Mayor Hunter opened the public hearing. Eric Lieberman, 14549 Archwood Street, Van Nuys, representing Far West Homes, LLC., expressed gratitude to Minutes of the City Council Moorpark, California Page 9 September 15, 1999 staff for their hard work. He introduced Mr. John Newton, representing the property owners. John Newton, 165 High Street, addressed the Council representing Mr. and Mrs. Burnette, the property owners. He explained the history, including zoning, for the property. He explained easements provided by the property owners. He discussed potential widening of Los Angeles Avenue. He discussed the sale of the Agency's property to this developer. He expressed understanding of the Planning Commission's concerns regarding the housing product type. He urged the Council to approve the project. Mr. Lieberman emphasized that the project was a condominium project with separated units to create a single - family feel. He described the site plan and Planning Commission concerns. He showed a revised site plan that was developed to address the Planning Commission concerns. He discussed the plan for affordable housing units. He stated the benefits contributed by the project. Steve Marcedes, 21 Fremont Street, stated his concern was that of privacy. He requested additional setback and higher walls. In response to Mayor Hunter, Mr. Marcedes stated he owned the second house south of Los Angeles Avenue. He stated he had a six -foot high wood fence on the property line. Mark DiCecco, 3922 Harfield Court, representing the Planning Commission, stated the Commission preferred the detached project as proposed. He stated the Commission had concerns as follows: 1) Affordable housing units should be on -site versus off -site; 2) there should be safe access for school -aged children; 3) recreational area adequacy; 4) need for second alternative elevation per the floor plan; 5) ingress and egress concerns; and 6) "A" Street should be public between Los Angeles Avenue and Majestic Court. He also stated that the majority of the Planning Commission felt the front yard setbacks were inadequate and parking was not sufficient. In response to Mayor Hunter regarding "A" Street, Commissioner DiCecco explained that the Commission's —' rationale was that since the majority of traffic was coming from Majestic Court, the new street should be public until the intersection with Majestic Court. He also stated that increased landscaping could be provided Minutes of the City Council Moorpark, California Page 10 September 15, 1999 with a private street, past the intersection with Majestic Court. In response to Mayor Hunter, Mr. Kueny provided an example of Mira Sol Drive as a private street with only a sign identifying it as such. In response to Mayor Hunter, Commissioner DiCecco stated the Planning Commission reviewed an 80 -unit plan. In response to Councilmember Harper, Commissioner DiCecco stated there was minimal discussion regarding Fremont Street properties at the Planning Commission hearing. In response to Councilmember Harper, Commissioner DiCecco stated a hammerhead design would provide greater turn area than a cul -de -sac. He stated that the issue of public street versus private street was not a real concern with the Planning Commission. In response to Councilmember Evans, Commissioner DiCecco stated that the issues regarding pedestrian access were that a pedestrian access easement would take private space from units and that there were safety concerns. Mayor Hunter concurred that the pedestrian access would create a safety issue. Michael Secrest, 150 E. Los Angeles Avenue, Regal Park Homeowner, addressed the Council in opposition to the project due to traffic, noise, and air pollution; reduced setback requirements; and privacy concerns. In response to Mayor Hunter, Mr. Lieberman stated the new plan had 10 -foot setbacks adjacent to Fremont Street and a 10 -foot high block wall was a requirement. In response to Councilmember Harper, Mr. Libiez discussed the possible extension of Majestic Court from Moorpark Avenue to east of the project site. He stated staff had not determined any other solutions. He stated it was not likely that Majestic Court could be extended to Spring Road, and that an extension to Spring Road had not been fully studied. In response to Councilmember Harper, Mr. Kueny explained r' why staff has supported "A" Street as a public roadway to Majestic Court. He also stated that an area of contribution fee, to construct an extension of Majestic Court, had not been studied. Minutes of the City Council Moorpark, California Page 11 September 15, 1999 In response to Councilmember Rodgers, Mr. Kueny stated general public access was not necessary south of Majestic Court. Mr. Porter stated the Fire Department had reviewed the hammerhead design, and staff received verification of Fire Department approval. Mayor Hunter closed the public hearing. In response to Councilmember Rodgers, Mr. Kueny stated the applicant's proposal for 79 units was consistent with the staff recommendation, with the exception of the larger recreation area that staff is recommending. Mayor Hunter stated he could not support backing out onto "A" Street. Mr. Kueny indicated he did not believe off - street parking is required for the recreation area. Councilmember Harper recommended focusing on the 77 -unit project with an enhanced recreational area, including a tot lot. Councilmember Evans stated requiring additional recreational area would affect the price of the homes. He stated he did not see the need to reduce the number of units to 77. Councilmember Wozniak concurred that 79 units would work, but stated he would like to see a tot lot added to the turf area of the private recreation lot. Mayor Hunter discussed the success of the Mirabella project. He stated concessions must be made to achieve affordable housing. He stated that making "A" Street public was a sound idea and would enhance the feeling of single family homes. In response to Councilmember Harper, Mr. Libiez explained the landscaping area that would be provided along the west side of "A" Street. CONSENSUS: By consensus, the Council determined that "A" Street should be public north of Majestic Court and private south of Majestic Court. Mr. Kueny stated landscaping on the west side of "A" Street would be the responsibility of the HOA. In response to Mayor Hunter, Mr. Porter explained prior discussions regarding standards for pool sizes. Minutes of the City Council Moorpark, California Page 12 September 15, 1999 Councilmember Harper stated placing the tot lot in the turf area would eliminate all grass areas. In response to Councilmember Harper, Mr. Kueny discussed the right -of -ways for the other properties along Los Angeles Avenue. He stated a 118 -foot width for the right of way would be consistent with Regal Condominiums and Le Club Apartments. He explained the future expansion of Los Angeles Avenue and stated that the median width may need to be reduced. Mr. Lovett stated an 11 -foot easement was necessary for expansion of Los Angeles Avenue, due to the very expensive utility relocation that would be required on the other side of the street. Mr. Kueny stated 11 feet of right of way was necessary from this project to obtain 118 feet of right -of -way for Los Angeles Avenue. Mr. Lieberman described the area for right -of -way, with the area to be landscaped until widening occurs. Mr. Lieberman stated the proposal was for 20 feet of landscaping with the sidewalk, curb, and gutter. Mr. Kueny stated the Council could approve the landscape plans so as to minimize the impact. He suggested taking an irrevocable offer of dedication for the entire area. In response to Councilmember Harper, Mr. Kueny stated the landscape plan would need to address wall screening. In response to Mayor Hunter, Mr. Porter stated the pool size was consistent with the National standard. Councilmember Harper requested open space in the recreational area. Councilmember Wozniak suggested incorporation of a tot lot in the recreational area. In response to Councilmember Wozniak, Mr. Kueny stated staff could be directed to work on final design approval for the recreational area. Mayor Hunter stated staff should be provided certain parameters. He suggested conceptually approving the recreational area with direction provided to staff. Minutes of the City Council Moorpark, California Page 13 September 15, 1999 Mr. Libiez suggested the possibility of reducing the meeting room size to increase the open area. Mayor Hunter stated he felt the meeting room was necessary. Councilmember Harper suggested reducing the project by one unit to increase the recreational area. Mr. Lieberman discussed the impact of reducing the project to 78 units. He stated it was not feasible for the project. He stated residents would utilize back yard space. In response to Councilmember Rodgers, Mr. Lieberman described the flood control right -of -way area. Mr. Newton stated the project provided pedestrian access to the Arroyo Simi. He stated, if the Flood Control District would allow it, they would landscape some of that area. Mr. Kueny stated staff could explore the possibility of -- an irrevocable offer to the Flood Control District rather than the District taking title. Mr. Kueny asked if there was consensus on the tot lot, 4- foot wide sidewalks plus top of curb along both sides of the private streets, and landscaping a portion of the Flood Control District area for recreation purposes. CONSENSUS: By consensus, the Council determined that the following should be requirements of the project: A tot lot, 4 -foot wide sidewalks plus top of curb along both sides of the private streets, and landscaping a portion of the Flood Control District area for recreation purposes. Mr. Lieberman discussed the affordable housing requirement. Mr. Kueny stated the affordable housing condition would reference the floor plan. He stated affordable housing implementation details would be worked out later. In response to Councilmember Evans, Mr. Nowak stated no determination was made on disposable income. Mr. Kueny stated other projects had been conditioned to tie the new property line walls to the existing property line walls to ensure that there is no gap. Minutes of the City Council Moorpark, California Page 14 September 15, 1999 — Mr. Lieberman concurred with the wall requirements. He stated they had met with the Regal Park HOA Board Members to discuss the wall on the west property line. He stated consensus was to use existing, mature landscaping with a wrought iron fence. Councilmember Rodgers discussed the increased noise created from traffic. Mr. Lieberman stated they would work with staff and Regal Park. In response to Councilmember Harper, Mr. Lieberman stated the concerns of residents on Fremont Street had been met. Mr. Kueny asked if there was Council consensus that a wall should be installed on the west property line. Councilmember Harper suggested to work with the applicant and property line wall. the condition allow staff Regal Park on the type of In response to Councilmember Harper, Mr. Lieberman stated a tree report was done to review the trees on the property. He stated the trees were rated and a value assigned. He stated landscaping would be enhanced to offset the value of the trees to be removed. In response to Councilmember Rodgers, Mr. Kueny stated a disclosure condition could be added regarding homes adjacent to Los Angeles Avenue regarding future widening. Mr. Kueny stated staff would make amendments consistent with the Pacific Communities project to require pedestrian access be preserved to the maintenance road along the Arroyo Simi. Mr. Kueny stated revised conditions of approval could be brought back to Council on October 6, 1999. CONSENSUS: By consensus, the Council determined to continue the item to October 6, 1999. AT THIS POINT in the meeting, a recess was declared to reconvene the Redevelopment Agency Meeting. The time was 11:30 p.m. The Council reconvened at 11:32 p.m. with all Councilmembers present. Minutes of the City Council Moorpark, California Page 15 September 15, 1999 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Resolution No. 99 -1655 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. (Continued from September 1, 1999.) Staff Recommendation: 1) Approve the Traffic Speed Zone Survey and Engineering Study dated July 1999; and 2) Adopt Resolution No. 99 -1655 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. In response to Councilmember Wozniak, Mr. Whitman explained that accidents were one of the issues used to justify lower speeds. In response to Mayor Hunter, Mr. Whitman explained the reason for each speed proposed to be lowered. He stated the speed limit on Tierra Rejada Road east of Spring Road was proposed to be 45 miles per hour (mph). In response to Councilmember Rodgers, Mr. Gilbert explained the reason for the proposed reduction of speed on Tierra Rejada Road. Mr. Kueny stated the accident rate had increased. In response to Councilmember Harper, Mr. Whitman stated turning movement related accidents were a result of the speed on the street. Councilmember Harper suggested placing flags on changed speed limits signs. CONSENSUS: By consensus, the Council concurred with the staff recommendation regarding speed limits on Tierra Rejada Road. CONSENSUS: By consensus, the Council directed staff to provide flags on speed limit signs for all streets with changed speeds. In response to Councilmember Wozniak, Mr. Gilbert stated Spring Road would be surveyed again after improvements were made. Mr. Kueny stated the median on Spring Road might affect the speed. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to: 1) Approve the Traffic Speed Zone Survey and Engineering Study dated July 1999; and 2) Adopt Resolution No. 99 -1655 Rescinding Resolution No. 97 -1287 and approving Minutes of the City Council Moorpark, California Page 16 September 15, 1999 — prima facie speed limits for certain street segments and approving the posting of speed limit signs on said streets. The motion carried by unanimous voice vote. B. Consider Resolution No. 99 -1656 Rescinding Resolution Nos. 85 -175 and 95 -1119 Pertaining to Parking Restrictions on High Street and Establishing Revised Parking Restrictions on Said Street. Staff Recommendation: Adopt Resolution No. 99 -1656 rescinding Resolution Nos. 85 -175 and 95 -1119 pertaining to parking restrictions on High Street and establishing revised parking restrictions on said street. Mr. Gilbert gave the staff report. Councilmember Rodgers stated the bike lanes were very wide. Mr. Gilbert explained the design was intended to allow the bike lanes combined with on- street parking. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to adopt Resolution No. 99 -1656 rescinding Resolution Nos. 85 -175 and 95 -1119 pertaining to parking restrictions on High Street and establishing revised parking restrictions on said street. The motion carried by unanimous voice vote. C. Spring Road Bridge Reconstruction Status Report. Staff Recommendation: Receive and file report. Mr. Gilbert gave the staff report. In response to Mayor Hunter, Mr. Gilbert stated the City's position was that the specifications instructed the contractor on how to deal with problems encountered. Mayor Hunter stated he wanted to make sure that the City was cooperating with the contractor and in no way responsible for the delays. Mr. Gilbert stated the City was fully cooperative. In response to Councilmember Harper, Mr. Kueny stated the Economic Development Committee had discussed the possibility of signs and mailings. In response to Councilmember Harper, Mr. Kueny stated care must be taken with allowing off -site advertising. He stated signs could be purchased and charged to the project, to be posted near Science Drive and on New Los Angeles Avenue. He suggested any mailing be targeted towards the Peach Hill area and Mountain Meadows. Minutes of the City Council Moorpark, California Page 17 September 15, 1999 Councilmember Evans concurred that signs and mailings were necessary. Mr. Kueny stated staff could bring back a recommendation on October 6, 1999. CONSENSUS: By consensus, the Council referred the matter to the Economic Development Committee and directed staff to bring back a report on October 6, 1999. D. Consider a Report on the City of Moorpark Loan to the Moorpark Boys and Girls Club. Staff Recommendation: Direct staff as deemed appropriate. Mr. Nowak gave the staff report. Councilmember Harper discussed the need to adjust the loan or lower payments, due to the Boys and Girls Club's inability to pay off the loan. Councilmember Evans stated the Boys and Girls Club might eventually be moved. He stated there was a need to adjust the loan, lower payments, or forgive the loan. Scott Mosher, 200 Casey Road, Executive Director of the Boys and Girls Club, discussed the City's investment in the Club. He suggested meeting with the City to discuss the loan. Mayor Hunter recommended referring the item to the Budget and Finance Committee. CONSENSUS: By consensus, the Council referred the matter to the Budget and Finance Committee. E. Consider a Report Related to the Proposed Commercial Recreational Development of a Portion of Southern California Edison Properties Adjacent to Arroyo Vista Community Park. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Evans explained the concept presented by Southern California Edison. Luis Rosales, 4494 Vista Meadow Court, addressed the Council in opposition to the proposal, due to the impact to the residents adjacent to Arroyo Vista Community Park. He discussed potential traffic impacts, size of the parking lot, and impacts from a driving range, including Minutes of the City Council Moorpark, California Page 18 September 15, 1999 run -off. He stated the immediate community did not want the project adjacent to the City's park. He stated the project would be better suited adjacent to State Route 118. He requested the Council consider the ramifications. Bill Moellering, 4492 Cedarglen Court, requested the Council consider the lighting impacts. In response to Councilmember Evans, Mr. Kueny explained that the proposal would require a General Plan Amendment (GPA). He stated public meetings would be held once the GPA process began. He explained the first step would be to determine whether the Council would consider a General Plan Amendment. Mr. Libiez stated the next deadline was in November for General Plan Amendment screening. Councilmember Harper suggested further discussion of the matter on September 29, 1999. Mr. Kueny suggested limiting public discussion of the matter due to prior litigation. Mr. Kueny stated the proposed uses were not presently allowed in open space zones. Ms. Kane stated Edison's attorney previously claimed that the City intended to devalue the property to obtain it for a City park area. She suggested following the normal City process to avoid such allegations. CONSENSUS: By consensus, the Council directed staff to communicate the GPA screening process to Southern California Edison. 11. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to approve the Consent Calendar with the exception of Items 11.A. and 11.G. The motion carried by unanimous roll call vote. B. Consider Approval of Warrant Register - September 15, 1999. Fiscal Year 1999/00 Manual Warrants 100298 & 100402 - 100407 $ 16,304.45 Voided Warrants 44824 & 44924 & 44934 $ ( 90.00) Minutes of the City Council Moorpark, California Page 19 September 15, 1999 Voided Warrant 100489 $ 0.00 Regular Warrants 100411 - 100526 - V $674,504.39 Staff Recommendation: Approve the Warrant Register. C. Consider Authorizing Recordation of the Notice of Completion for the Construction of Tennis Courts at Arroyo Vista Community Park. Staff Recommendation: 1) Accept the work as complete; 2) Authorize the City Clerk to file the Notice of Completion for the project; and 3) Authorize the release of the balance of payment due upon satisfactory clearance of the thirty -five (3 5) days after Notice of Completion records and completion of close out contractual obligations of contractor. D. Consider Authorizing Recordation of the Notice of Completion for North Side Casey Road Pavement Reconstruction. Staff Recommendation: 1) Accept the work as complete; 2) Instruct the city Clerk to file the Notice of Completion for the project; 3) Authorize the release of the retention upon satisfactory clearance of the thirty -five (35) day lien period; and 4) Authorize the cancellation of the $20,000 loan from the MRA for the subject project. E. Consider Authorizing Recordation of the Notice of Completion for Tierra Rejada Road Storm Drain Inlet Project. Staff Recommendation: 1) Accept the work as complete; 2) Instruct the City Clerk to file the Notice of Completion for the project; and, 3) Authorize release of the retention upon satisfactory clearance of the thirty five (35) day lien period. F. Consider Resolution No. 99 -1657 Amendinq the FY 1999/2000 Budget in the Aggregate Amount of $2,145.00 to Fund Certain Prior Year Engineering Costs Related to the Construction of Arroyo Vista Community Park (Project 8025). Staff Recommendation: Adopt Resolution No. 99 -1657 amending the FY 1999/2000 Budget in the aggregate amount of $2,145.00 to fund certain prior year engineering costs related to the construction of Arroyo Vista Community Park. H. Consider Releasing Conejo Freeway Properties, Ltd., and Simi Moorpark Freeway Properties, Ltd. From Recorded Improvement Agreement (No. 92- 090631). Staff Recommendation: Authorize the Mayor to execute and record the attached "Release of Covenant and Agreement" releasing Conejo Freeway Properties, Ltd., and Simi Minutes of the City Council Moorpark, California Page 20 September 15, 1999 Moorpark Freeway Properties, Ltd. from Agreement No. 92- 090631. The following items were pulled from the Consent Calendar for individual consideration: A. Consider Approval of Minutes of Regular City Council Meeting of June 2, 1999 Consider Approval of Minutes of Regular City Council Meeting of July 7, 1999. Staff Recommendation: Approve minutes as processed. Mayor Hunter indicated abstention from the minutes of June 2, 1999, due to not being in attendance. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to approve the minutes of June 2, 1999, as processed. The motion carried by voice vote 4 -0, Mayor Hunter abstaining. Councilmember Wozniak indicated he would abstain from the —' minutes of July 7, 1999, due to not being present at the meeting. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to approve the minutes of July 7, 1999, as processed. The motion carried by voice vote 4 -0, Councilmember Wozniak abstaining. G. Consider a Report on the City's Efforts Related to Year 2000 Compliance. Staff Recommendation: Receive and file the report. In response to Mayor Hunter, Mr. Nowak stated the Draft Emergency Management Plan was being distributed to Department Heads for review and comment, and would then be submitted to the State for review. He stated staff would have three weeks to review the document. He stated the Plan would be sent to the State for comments at the end of October. Mayor Hunter requested the Council receive an update report on Y2K compliance at the 2nd meeting of each month until the Year 2000 (Y2K) . He suggested the Emergency Operation Center (EOC) be opened on December 31, 1999, to utilize the plan and evaluate interface with other agencies. Minutes of the City Council Moorpark, California Page 21 September 15, 1999 Mayor Hunter requested a staff report on the Emergency Management Plan. CONSENSUS: By consensus, the Council directed staff to present a Y2K compliance report at the second meeting of each month (through the end of the year). 12. ORDINANCES: None. 13. CLOSED SESSION: Mr. Kueny announced that the City Council would be going into closed session for discussion of Items 13.C., 13.I., and 13.L. on the agenda. MOTION: Councilmember Rodgers moved and Councilmember Harper seconded a motion to adjourn to closed session for a discussion of Items 13.C., 13.I., and 13.L. on the agenda. The motion carried by unanimous voice vote. The time was 12:30 a.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 22 September 15, 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 LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Unrepresented employees: Assistant City Manager, Administrative Services Manager, City Clerk, Director of Community Development, Director of Community Services, Director of Public Works, Finance /Accounting Manager, Planning Manager, Principal Planner, Recreation Superintendent, and Senior Management Analyst L. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, City Attorney, City Clerk, City Manager, City Engineer, Chief of Police, Director of Community Development, Director of Community Services, Public Works Director Minutes of the City Council Moorpark, California Page 23 September 15, 1999 Present in closed session were all Councilmembers; Steven Kueny, City Manager; Cheryl Kane, City Attorney; John Nowak, Assistant City Manager; and Deborah Traffenstedt, City Clerk. Councilmember Rodgers did not participate in the discussion for Items 13.C. and 13.I. Ms. Kane and Ms. Traffenstedt left the meeting at 12:43 a.m. The Council reconvened into open session at 12:44 a.m. Mr. Kueny announced that Items 13.C, 13.I., and 13.L. were discussed in closed session and that there was no action to report. 14. ADJOURNMENT: Mayor Hunter adjourned the meeting at 12:45 a.m. ATTEST: 1 Deborah S. Traffen dt City Clerk trick H4fiter, Mayor