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HomeMy WebLinkAboutMIN 2000 1206 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California December 6, 2000 A Regular Meeting of the City Council of the City of Moorpark was held on December 6, 2000 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 6:45 p.m. 2. INVOCATION: Pastor Steven Day, Community Christian Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: John Wozniak, Mayor Pro Tempore, led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Evans, Harper, Rodgers, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; Joseph Montes, Acting City Attorney; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Wayne Loftus, Director of Community Development; John Libiez, Planning Manager; Walter Brown, City Engineer; Sgt. Ron Nelson; Dana Shigley, Director of Administrative Services; John Brand, Senior Management Analyst; Kim Chudoba, Senior Management Analyst; Mike Mathews, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; La -Dell VanDeren, Deputy City Clerk; and Blanca Garza, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Consider City Council Resolution No. 2000 -1790 Reciting the Fact of the General Municipal Election Held on November 7, 2000, and Declaring the Election Results and Such Other Matters as Required by Law. Staff Recommendation: Adopt Resolution No. 2000 -1790. Ms. Traffenstedt gave the staff report. Minutes of the City Council Moorpark, California Page 2 December 6, 2000 MOTION: Councilmember Evans moved and Councilmember Rodgers seconded a motion to adopt Resolution No. 2000 -1790. The motion carried by unanimous voice vote. B. City Presentation to Councilmember Evans. Mayor Hunter presented a plaque to Councilmember Evans in appreciation of his service as a Councilmember in the City of Moorpark. Russ Hopkins and Tressa Koehrer, on behalf of the Honorable Tom McClintock, State Senator, 19th District and the Honorable Tony Strickland, Assemblymember, 37th District, presented a California Legislative Assembly Resolution to Councilmember Evans. Supervisor Judy Mikels and her Administrative Aide, Jarrod DeGonia, presented Councilmember Evans a proclamation from the County thanking Councilmember Evans for his service to the County and citizens of Moorpark. Moorpark Chamber of Commerce Chairman of the Board, Steve Sill, made a presentation to Councilmember Evans including items of recognition from the Honorable Gray Davis, Governor of California, the Honorable Elton Gallegly, U.S. House of Representatives and the Moorpark Chamber of Commerce. Mayor Hunter thanked Councilmember Evans on behalf of the City Council, staff and residents of Moorpark. C. Comments from Councilmember Evans. Councilmember Evans thanked those making proclamations and expressed appreciation for community support. He discussed the need for an open space preservation plan. He requested the Council work with Catholic Charities to move into a new building, complete a community pool and complete Arroyo Vista Phase II. He thanked and commended the City staff. D. City Presentation to Councilmember Rodgers. Mayor Hunter presented a plaque to Councilmember Rodgers in appreciation of her service as a Councilmember in the City of Moorpark. Russ Hopkins and Tressa Koehrer, on behalf of the Honorable Tom McClintock, State Senator, 19th District Minutes of the City Council Moorpark, California Page 3 December 6, 2000 and the Honorable Tony Strickland, Assemblymember, 37`h District, presented a California Legislative Assembly Resolution to Councilmember Rodgers. Supervisor Judy Mikels and her Administrative Aide, Jarrod DeGonia, presented Councilmember Rodgers a proclamation from the County thanking her for her service to the County and citizens of Moorpark. Moorpark Chamber of Commerce Chairman of the Board, Steve Sill, made a presentation to Councilmember Rodgers including items of recognition from the Honorable Gray Davis, Governor of California, the Honorable Elton Gallegly, U.S. House of Representatives and the Moorpark Chamber of Commerce. E. Comments from Councilmember Rodgers. Councilmember Rodgers discussed the progress made in the City during the past four years. She discussed the importance of proceeding with a swimming pool at Arroyo Vista Community Park, the economic plan for the Downtown, a permanent location for the day laborers, widening Old Los Angeles Avenue, and updating the General Plan including the Housing Element. She commended the City staff. F. City Clerk administers the Oath of Office to Councilmember elect Roseann Mikos. Ms. Traffenstedt administered the Oath of Office to Councilmember elect Roseann Mikos. G. City Clerk administers the Oath of Office to Councilmember elect Keith Millhouse. Ms. Traffenstedt administered the Oath of Office to Councilmember elect Keith Millhouse. H. City Clerk administers the Oath of Office to Mayor Patrick Hunter. Ms. Traffenstedt administered the Oath of Office to Mayor Patrick Hunter. I. Comments from Councilmember Mikos. Councilmember Mikos thanked the community, her family and those who assisted with her campaign. She stated she would work hard for the community as a Councilmember. She Minutes of the City Council Moorpark, California Page 4 December 6, 2000 urged the community to participate and get involved in the decision - making process. J. Comments from Councilmember Millhouse. Councilmember Millhouse stated it was an honor and privilege for him to be able to serve the City of Moorpark. He stated he hoped to assist the unsung heroes of the community. He promised to listen and respect his constituents and work diligently for the City. K. Comments from Mayor Hunter. Mayor Hunter congratulated Councilmember Mikos and Councilmember Millhouse. He discussed challenges the Council would face in the next two years. L. Consider Nomination and Selection of Mayor Pro Tempore. MOTION: Councilmember Wozniak moved and Councilmember Mikos seconded a motion to nominate Councilmember Harper to serve as Mayor Pro Tempore. The motion carried by unanimous voice vote. RECESS: Mayor Hunter called a recess at 7:35 p.m. The meeting reconvened at 8:07 p.m. with all Councilmembers present. 6. PUBLIC COMMENT: Shannon Corbeil, 4809 Maureen Lane, representing the Teen Council, discussed recent activities and events the Teen Council had been involved in. Gerald Goldstein, 11932 Los Angeles Avenue, expressed concern regarding a proposed court enforced cleanup of his property. 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.) None. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter announced that the application period was open for various Commissions and Committees and indicated applications were due by December 7, 2000. He announced the 4 th Annual Holiday Toy Train coming to Moorpark on Sunday, Minutes of the City Council Moorpark, California Page 5 December 6, 2000 December 17, 2000. He reminded residents of curbside Christmas tree recycling beginning December 26`h. He stated trash collection would be delayed one day for the last week in December and the first week in January. Councilmember Mikos announced a Happy Camp Canyon Regional Park hike on December 9, 2000, at 9:15 a.m. Mr. Kueny requested the minutes of November 1, 2000 be pulled from the Consent Calendar for a minor technical correction. Councilmember Mikos requested a future agenda item regarding street sweeping and parking issues for the Villagio neighborhood. 9. PUBLIC HEARINGS: A. Consider General Plan Amendment (GPA) 99 -5 to Change the Land Use Designation From C -2 (General Commercial) to I -2 (Medium Industrial) and Zone Change 99 -5 to Change the Zoning Designation From CPD (Commercial Planned Development) to M -2 (Limited Industrial) on the Application of Triliad Development, Inc. (Continued from the City Council Meeting of 11/15/00). Staff Recommendation: 1) Open the public hearing, accept public testimony, and then close the public hearing; 2) consider the Negative Declaration prepared for the requested General Plan Amendment and Zone Change prior to making a decision on the General Plan Amendment and Zone Change; 3) approve staff report Alternative 1, including limitation of the development rights as outlined; and 4) continue this item to December 20, 2000, to allow preparation of the appropriate resolution and ordinance to amend the General Plan and rezone the subject property. Mr. Loftus gave the staff report. He suggested Section 2 of the Covenant Running with the Land be revised to allow a floor area ratio of 35 percent. In response to Mayor Hunter, Mr. Loftus indicated the balance of the site was zoned Industrial, M -2, with an I- 2 Land Use designation. Mayor Hunter stated the request would make the 10 -acre portion consistent with the remainder of the site. In response to Councilmember Harper, Mr. Loftus stated the Planning Commission had not reviewed the draft Covenant. Minutes of the City Council Moorpark, California Page 6 December 6, 2000 Valerie Draeger, 270 Conejo Ridge Avenue, No. 200, Thousand Oaks, representing the applicant, provided an overview of the project. She indicated that she had conducted a survey of industrial high -tech companies versus use breakdown and had requested an increase in the Covenant language to allow 35 percent of warehouse area. She discussed their efforts to meet with the residents across Los Angeles Avenue and indicated that a meeting had not yet been arranged. She explained the past history of the site. She discussed the proposed access design. In response to Mayor Hunter, Ms. Draeger clarified the planned access. She stated no driveways would come off of Los Angeles Avenue. She further responded that she had no other comments on the Covenant and would agree with the conditions. In response to Councilmember Millhouse, Ms. Draeger explained that the buildings would face into the cul -de- sac. She stated there would be decorative screen walls along Los Angeles Avenue. In response to Councilmember Millhouse, Ms. Draeger explained that the truck docks would face each other. She stated there were three buildings proposed along Los Angeles Avenue. She discussed the trash enclosures. She stated they would like to break ground in April 2001. In response to Councilmember Millhouse, Ms. Draeger stated they were willing to discuss the project with the residents south of Los Angeles Avenue. Berna Arnold, 4909 Buttercreek Road, stated she was not contacted by the applicant for a meeting to discuss the project. She expressed concern about the impression the project would give of the City at its west entrance. She questioned the need to change the zoning. She requested the Council reevaluate the desires of the City. She suggested the Council delay its decision on rezoning the property. Steve Arnold, 4909 Buttercreek Road, displayed a map of Moorpark and indicated an error in the impact analysis regarding truck traffic on the access road connecting to Los Angeles Avenue. He stated the environmental document needed to redone to correctly address truck traffic. He suggested medical and office space be located at the front of the project. He stated it was necessary to determine how the entrance to the City should look. He stated the area needed to be soundproofed. Minutes of the City Council Moorpark, California Page 7 December 6, 2000 Rick Penprase, 4925 Buttercreek Road, stated they would be happy to meet with Triliad representatives. He discussed the zoning determination for the property made prior to City incorporation. He stated the buildings were oriented with the sides to Los Angeles Avenue to achieve a smaller setback. He discussed the noise caused by traffic on Los Angeles Avenue. He discussed the large scale of the project. He stated the proposed State Route (SR) 118 bypass was unacceptable. He stated they understood the land would be developed but he requested the Council consider the best interests of Moorpark. Ms. Traffenstedt indicated the following individuals submitted written statement cards in opposition to the project: Elaine Penprase, 4925 Buttercreek Road Debbie Munz, 11520 Poppyglen Court Ms. Draeger discussed their attempt to contact the neighbors. She explained that the orientation of the buildings was due to limited access ability off Los Angeles Avenue. She stated they were proposing high -end tenants and uses. She stated they were not proposing distribution companies. She explained that a commercial tenant was not feasible due to the location. Mayor Hunter indicated he would like information on the zoning, what was currently available in the City, and vacancy rates in surrounding communities. Councilmember Millhouse stated the neighbors had questions and concerns and he would encourage Triliad to distribute flyers and meet with the residents. Councilmember Harper concurred with Councilmember Millhouse. He discussed the unattractive appearance of American Products and expressed concern that the proposed project would have a similar appearance. He requested staff review the possibility of maintaining the commercial zoning. In response to Councilmember Harper, Mr. Loftus stated the site could lend itself to a business park but office use alone would not be viable. He explained that the covenant was intended to address uses that could be considered to be objectionable in close proximity to residential development. Minutes of the City Council Moorpark, California Page 8 December 6, 2000 Councilmember Harper indicated concern with the development of the Carlsberg site. He questioned whether that type of additional square footage was necessary in the City. Mr. Loftus explained that the developer of the Carlsberg site was experienced in industrial development and would not be developing such if the demand was not high. Councilmember Harper suggested staff review the possibility of a mixed use, with office buildings used to hide the industrial buildings in the back. Mr. Loftus discussed the land uses at the west -end of Moorpark. He stated a business park would function well. Councilmember Harper requested the Planning Commission be involved in the process to look at the restricted uses in the proposed covenant and conduct a public hearing to review the matter. He suggested the Commission also review the possibility of mixed -use development along Los Angeles Avenue. Councilmember Wozniak discussed the difficulty with separating the zone change from the project. He stated it was necessary to have meetings with the residents and consider a mixed -use project. Councilmember Mikos concurred that a meeting with the residents should happen. Mr. Kueny stated it appeared that the Council was having difficulty separating the zone change from the development project and suggested that the Council may want to direct the Planning Commission to have concurrent processing of the Zone Change /General Plan Amendment and Industrial Planned Development Permit. MOTION: Councilmember Millhouse moved and Councilmember Wozniak seconded a motion to direct the Planning Commission to consider, at the same advertised public hearing, the General Plan Amendment, Zone Change, and Development Project (Industrial Planned Development). The motion carried by unanimous voice vote. B. Consider General Plan Amendment 2000 -02 - Updated Housing Element to the General Plan; City of Moorpark, Applicant. Staff Recommendation: Open the public hearing, take public testimony, close the public hearing and direct staff to re- advertise this item for public hearing at such time that the Planning Commission has adopted recommendations to forward to City Council based upon final Department of Housing and Community Development (HCD) comments. Minutes of the City Council Moorpark, California Page 9 Mr. Loftus gave the staff report. December 6, 2000 MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to direct staff to re- advertise this item for public hearing at such time that the Planning Commission has adopted recommendations to forward to City Council based upon final Department of Housing and Community Development (HCD) comments. The motion carried by unanimous voice vote. C. Public Hearing to Consider the Use of Law Enforcement Block Grants Recommendation: 1) Conduct a public testimony regarding the Local Law Grants as necessary; and 2) accept LLEBG awards and direct staff to partially fund one new uniformed pat City Manager's Recommended Budget 2001/2002. Ms. Chudoba gave the staff report. 1999 and 2000 Local ( LLEBG). Staff hearing, accepting Enforcement Block the 1999 and 2000 use the funds to :rol officer in the for Fiscal Year _ MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to accept the 1999 and 2000 LLEBG awards and direct staff to use the funds to partially fund one new uniformed patrol officer in the City Manager's Recommended Budget for Fiscal Year 2001/2002. The motion carried by unanimous voice vote. D. Consider Resolution No. 2000- to Enable the Enforcement of the California Vehicle Code in the Privately Owned Parking Facilities at 5950 Condor Drive. Staff Recommendation: Adopt Resolution No. 2000 -1791. Mr. Mathews gave the staff report. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 2000 -1791. The motion carried by unanimous voice vote. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Appointments to the City Council Standing Committees, Ad Hoc Committees and Other Assignments. Staff Recommendation: Waive Council Policy No. 6.2 and make appointments to City Council Committees on December 6, 2000. Mayor Hunter recommending tabling the item to follow Item No. 10.I. Minutes of the City Council Moorpark, California Page 10 December 6, 2000 CONSENSUS: By consensus, the Council tabled the item to follow Item 10.I. B. Consider Granting an Extension of Time for Commercial Planned Development No. 96 -3 (CPD 96 -3), and Conditional Use Permit No. 96 -2 (CUP 96 -2), for Development of the Westgate Plaza on the North Side of Los Angeles Avenue, West of Mission Bell Plaza and East of Shasta Avenue, on the Request of A. Dee Wayne Jones. Staff Recommendation: Approve an extension of time for six (6) months to March 17, 2001, contingent upon payment of all outstanding project processing fees by December 29, 2000, and direct staff upon receipt of outstanding project processing fees to prepare a Resolution granting the six- (6) month extension of time to March 17, 2001, for adoption by the City Council. Mr. Loftus gave the staff report. John Newton, 165 High Street, Suite 103, explained the previous request for an extension. He explained the current proposal for a professional and garden office complex, with a medical component. He requested a one - year extension versus six months as recommended. In response to Mayor Hunter, Mr. Newton stated the proposed developer, represented by Mr. Bettar, as well as Dr. Jones, were committed to paying the outstanding fees. In response to Mayor Hunter, Austin Bettar, 5280 Valentine Road, Suite 105, Ventura, representing C.B. Richard Ellis, stated the proposed developer would comply with all new standards, including lighting standards in the Zoning Code. In response to Councilmember Harper, Mr. Loftus explained that the City Council had the approval authority of the Minor Modification. Councilmember Harper asked if that approval could be delegated. Mr. Kueny stated the Director had the authority to approve Minor Modifications, but a prior Council wanted those items placed on Council agendas. He stated the Council could amend the decision - making resolution. Councilmember Harper suggested the Planning Commission or Director approve Minor Modifications. In response to Councilmember Harper, Mr. Loftus explained the proposed extension period. He stated he had no objection to extending the period to one year. Minutes of the City Council Moorpark, California Page 11 December 6, 2000 Councilmember Millhouse stated a one -year extension was not an unreasonable request. He concurred with Councilmember Harper that Minor Modifications should be approved by the Planning Commission or Director of Community Development. Councilmember Mikos concurred that a one -year extension was appropriate and the Planning Commission could deal with Minor Modifications. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to approve an extension of time for one -year with an additional six (6) months allowed at the discretion of the Director of Community Development, contingent upon payment of all outstanding project processing fees by December 29, 2000, and direct staff upon receipt of outstanding project processing fees to prepare a Resolution granting the twelve- (12) month extension of time to September 17, 2001, for adoption by the City Council, and to direct staff to bring back the necessary documentation that would allow the approval authority to be delegated for Minor Modifications. The motion carried by unanimous voice vote. C. Amendment of Condition No. 16 of Resolution No. 2000- 1687, [Minor Modification for Pads B & C of Mountain Meadows Plaza] Pertaining to the Construction of a Double Left -Turn Lane at the Intersection of Los Angeles Avenue and Tierra Rejada Road. Staff Recommendation: Adopt Resolution No. 2000 -1792. Mr. Gilbert gave the staff report. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 2000 -1792. The motion carried by unanimous voice vote. D. Consider Revisions to Park Improvement Zones and the Disposition of the Parkland Fees from the Archstone Multi- Family Residential Project and Pacific Communities Single Family Residential Project. Staff Recommendation: 1) Approve the proposed Park Improvement Zone revisions as identified on Attachment B; 2) confirm the deposit of 100 percent of the park fees collected from the Archstone project to the Community Park Improvement Zone; 3) direct that 80 percent of the park fees to be collected from the Pacific Communities project be deposited in the Community Park Improvement Zone and 20 percent in a future neighborhood zone; 4) appropriate $120,000 from the Community Zone for the design and construction of a Minutes of the City Council Moorpark, California Page 12 December 6, 2000 restroom and concession facility at Arroyo Vista Community Park; and 5) indicate intent to allocate $1.2 million to the community pool. (ROLL CALL VOTE REQUIRED). Ms Lindley gave the staff report. In response to Councilmember Millhouse, Ms. Lindley concurred that the $800,000 appropriation should be included as part of the staff recommended actions for Arroyo Vista Community Park Phase 2. She further responded that grading and utility plans needed to be completed. She stated it might be necessary to hire a landscape architect and to prioritize their work. Councilmember Millhouse stated he would like the project completed by August 2001. Mayor Hunter stated it was necessary to construct the restroom in a comprehensive manner. He requested staff be mindful of providing necessary storage for all youth sports groups. In response to Councilmember Harper, Ms. Lindley stated _ the estimated cost for the swimming pool complex was $2.5 million. She stated the preliminary hydrology study indicated a pool could be built on the site with mitigation measures. In response to Councilmember Mikos, Ms. Lindley stated she needed to review the preliminary report with the consultant to determine the mitigation measures. Mr. Kueny stated the report was an administrative draft and information would be provided to the Council after meeting with the consultant. In response to Councilmember Millhouse, Mr. Kueny stated the ad hoc committee would be discussing the matter with the School District. He anticipated construction would take 18 months. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to approve the staff recommendation as amended to include appropriation of $800,000 to complete the grading, irrigation, and hydroseeding of the remainder of Arroyo Vista Community Park; that the restroom facility be completed by August 2001; and to include additional storage areas in the park. The motion carried by unanimous roll call vote. E. Consider Bids for the 2000 Asphalt Overlay Project (Including Spring Road and Los Angeles Avenue Minutes of the City Council Moorpark, California Page 13 December 6, 2000 Rehabilitation Project]. Staff Recommendation: Approve the selection of Nye & Nelson, Inc. to construct the subject project and adopt Resolution No. 2000 -1793 amending the budget to fully fund said work. (ROLL CALL VOTE REQUIRED) Mr. Gilbert gave the staff report. In response to Councilmember Mikos, Mr. Gilbert explained the areas of Los Angeles Avenue to receive an asphalt overlay. He stated patchwork would be done in the areas of realignment and reconstruction. He indicated the realignment /reconstruction project for Los Angeles Avenue would take approximately two to three years. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to approve the selection of Nye & Nelson, Inc., to construct the subject project and adopt Resolution No. 2000 -1793 amending the budget to fully fund said work. The motion carried by unanimous roll call vote. F. Consider Conditional Approval of Hauling Excess Soil from Tracts 4975, 4976, 4977, and 4980 to Archstone Communities Site, Residential Planned Development Permit No. 97 -01 (RPD 97 -1) and Other Locations Within the City of Moorpark. Staff Recommendation: Authorize staff to approve: 1) the removal of up to 35,000 cubic yards of surplus soils from Tract 4975; 2) the removal of up to 50,000 cubic yards of surplus soil from Tract 4976; 3) the removal of up to 5,000 cubic yards of surplus soil from Tract 4977; 4) the removal of up to 20,000 cubic yards of surplus soil from Tract 4980; 5) hauling up to 60,000 cubic yards of soils either, or a combination of both Tracts 4975 and Tract 4976 to the Archstone Apartments project; and 6) hauling up to 40,000 cubic yards of soils from either, or a combination of both Tracts 4976, 4977, and Tract 4980 to Arroyo Vista Park or other sites within the City as approved by the City Engineer and the Director of Community Development. Mr. Brown gave the staff report. Mayor Hunter called the Council's attention to Item I in Exhibit A regarding hours of operation. He requested the haulers adhere to the hours of operation. Councilmember Millhouse recommended limiting the hours of hauling from 9 a.m. - 4 p.m. In response to Councilmember Millhouse, Mr. Brown explained that there had been hauling from the site, as allowed by staff approval, Minutes of the City Council Moorpark, California Page 14 December 6, 2000 during which hauling hours were limited. He explained that the intent was to ensure that the community is not impacted. Councilmember Harper agreed with Councilmember Millhouse regarding restricting hauling hours. He stated he did not see the need for the City Council to be involved in all aspects of hauling permit approval. Lloyd Laycook, 1850 Gammon Court, Thousand Oaks, representing Lennar Communities, indicated concurrence with the staff recommendation as written, but did not concur with the proposed change in hours of operation. He stated they had worked with the City and School District to meet the requirements and minimize impacts. He requested the proposed hours of operation not be imposed. He stated they had a lot of dirt to move and weather delays were a concern. He explained the requirements for flaggers and crossing guards and agreed with them. Councilmember Harper stated he still agreed with restricting the hours for hauling operations. Councilmember Mikos stated she was inclined to agree with Councilmember Harper and Councilmember Millhouse. Councilmember Millhouse suggested allowing hauling on Saturdays due to less traffic in the area. In response to Councilmember Mikos, Mr. Brown stated the proposed amount of dirt to be moved would require 5,000- 6,500 loads, which would take between 1 % to 2 months with a 5 -day per week operation. Councilmember Mikos suggested only restricting the 9 a.m. - 4 p.m. hours of operation to school days. Mr. Laycook stated they would appreciate any time allowances, including allowing work on Saturdays. In response to Councilmember Harper, Mr. Brown explained that hauling operations on Saturday would require inspection staff. Mr. Kueny suggested allowing Saturday hauls based on staff availability. Mr. Loftus suggested allowing some flexibility for the dirt being moved to the Archstone site. Councilmember Harper suggested allowing hauling from 9:00 a.m. - 4:00 p.m., Monday through Saturday. Mr. Kueny Minutes of the City Council Moorpark, California Page 15 December 6, 2000 suggested allowing Saturday hauling at the discretion of staff. Councilmember Wozniak stated he could not agree with allowing Saturday hauling. Mr. Brown explained that the haulers were required to provide 3 minutes headway between trucks. He stated it would cause an incremental increase in truck traffic. He suggested Council allow staff the discretion to select the hours. Councilmember Mikos indicated support for providing staff the latitude to determine Saturday hauls. Councilmember Harper concurred with the suggestions to leave it to staff to work out, dependant upon the calendar when school was out. Councilmember Millhouse stated there should be no room for discretion on having trucks before 9:00 a.m. and after 4:00 p.m., but would allow discretion on Saturday hauls. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to approve the staff recommendation as amended to reflect the change in hauling hours from 9:00 a.m. - 4:00 p.m. on school days, 8:00 a.m. - 5:00 p.m. on non - school days, and the hours on Saturday to be determined by staff, not to exceed 10:00 a.m. to 4:00 p.m. The motion carried by voice vote 4 -1, Councilmember Wozniak dissenting. G. Consider Approval of Plans and Specifications and Authorization to Advertise for Receipt of Bids for the Light Emitting Diode Traffic Signal Conversion Project. Staff Recommendation: 1) Adopt Resolution No. 2000 -1794 revising the amount of the appropriations and budget for the Traffic Signal Maintenance account; 2) approve Plans and Specifications for the Traffic Signal LED Conversion Project; and 3) authorize staff to advertise for receipt of bids for said project. (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. 2000 -1794 revising the amount of the appropriations and budget for the Traffic Signal Maintenance account; 2) approve Plans and Specifications for the Traffic Signal LED Conversion Project; Minutes of the City Council Moorpark, California Page 16 December 6, 2000 and 3) authorize staff to advertise for receipt of bids for said project. The motion carried by unanimous roll call vote. H. Consider Purchase of Fifteen Street Lights for Los Angeles Avenue. Staff Recommendation: 1) Approve Resolution No. 2000 -1795 amending the FY 2000 -2001 Budget by appropriating an additional $10,533 from the Los Angeles Area of Contribution (A.O.C.) Fund; and 2) authorize the purchase of fifteen street lights at a cost of $10,533 to be placed at the direction of the City. (ROLL CALL VOTE REQUIRED). Mr. Mathews gave the staff report. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to: 1) Approve Resolution No. 2000 -1795 amending the FY 2000 -2001 Budget by appropriating an additional $10,533 from the Los Angeles Area of Contribution (A.O.C.) Fund; and 2) authorize the purchase of fifteen street lights at a cost of $10,533 to be placed at the direction of the City. The motion carried by unanimous roll call vote. I. Extend City Solid Waste Franchise Agreements Three Years and Annual Update of Solid Waste Collection Fees. Staff Recommendation: 1) Approve an extension of the City's Franchise Agreements with Moorpark Rubbish Disposal and GI Industries for up to three years; 2) authorize the City Manager to execute amendments to the Solid Waste Franchise Agreements changing the residential franchise fee rate from 4% to 5 %; 3) approve the annual solid waste fee adjustment with the City of Moorpark Franchise Haulers, as show in Attachment "A"; and 4) adopt Resolution No. 2000- , which extends the term of the Franchise Agreements for three years, and updates the 2001 Solid Waste Collection Fees, and replaces Exhibit G of the Franchise Agreements with a new rate schedule, effective January 1, 2001. (ROLL CALL VOTE REQUIRED) Mr. Brand gave the staff report. In response to Councilmember Harper, Mr. Brand explained that the three -year extension was specified in the agreement. Mr. Kueny stated a shorter extension was possible. He stated it was in the haulers' best interest to have a longer agreement. He indicated the recommendation was appropriate and it was staff's intent to return with a recommendation prior to three years. Councilmember Harper stated the recycling containers were inadequate. He requested lowering the fee for bulk items. Minutes of the City Council Moorpark, California Page 17 December 6, 2000 He suggested additional bulk pickups be permitted. He expressed concern about the amount of liter the trucks dropped along the streets. Councilmember Millhouse concurred with the comments by Councilmember Harper. He stated the extension period should be shorter to provide an incentive to move forward quickly. Mike Smith, 195 West Los Angeles Avenue, Simi Valley, representing GI Rubbish, stated they were willing to move forward as soon as possible, but requested the extension be maintained at three years. He stated they would support a larger recycling container. He explained that the trucks did their best to contain trash. He indicated they tried to be responsive to complaints about liter. In response to Mayor Hunter, Mr. Smith explained that recycling was not restricted. He stated they were willing to work with any suggestions on recycling. Councilmember Harper questioned the restriction of one- _ can of yard waste. Ms. Lindley explained that service was limited to a total of four cans of all types of waste. Councilmember Harper requested the limit on cans be increased, specifically on recycled items. He stated it was necessary to encourage recycling. Councilmember Millhouse suggested extending the franchise for one year to work on the outstanding issues. Mr. Smith stated they were willing to work with staff on any recommendations. Councilmember Millhouse stated the Council could postpone action until the issues were worked out or approve the agreement for a period less than three years. Councilmember Mikos suggested the agreement be contingent upon working out some of the issues. Councilmember Harper suggested staff review a reduced extension of the time and meet with the haulers to discuss the issues raised by the Council. _ Ms. Lindley asked if the Council would approve a one -year extension. Councilmember Harper stated he would support that if the agreement permitted it. Minutes of the City Council Moorpark, California Page 18 December 6, 2000 Mr. Kueny suggested tabling the item to allow staff to review the agreement. In response to Mayor Hunter, Mr. Smith agreed that larger recycling cans were necessary to make recycling more convenient for residents. In response to Councilmember Harper, Mr. Smith stated an automated collection truck could collect the larger cans. Mr. Kueny explained that the 64- gallon can was the only size used with the automated system. CONSENSUS: By consensus, the Council determined to table the item. Mayor Hunter asked if there were speakers on the item. Mr. Kueny indicated that a late speaker card was submitted following the Council questions to Mr. Smith. He stated that late speaker cards had historically not been accepted. _ A. Consider Appointments to the City Council Standing Committees, Ad Hoc Committees and Other Assignments. Staff Recommendation: Waive Council Policy No. 6.2 and make appointments to City Council Committees on December 6, 2000. Ms. Traffenstedt gave the staff report. CONSENSUS: By consensus, the Council determined to waive Council Policy No. 6.2. Councilmember Harper expressed interest in the Budget and Finance Committee. Councilmember Wozniak stated he would like to stay on the Budget and Finance Committee. He stated he would also like to remain on the Public Works, Facilities and Solid Waste Committee. Councilmember Millhouse stated would like to serve on the Economic Development Committee and Transportation and Streets Committee. _ Councilmember Mikos indicated that she felt the most qualified for the Transportation and Streets Committee and Community Development Committee. Minutes of the City Council Moorpark, California Page 19 December 6, 2000 Mayor Hunter stated he would like to retain his position on the Budget and Finance Committee and Community Development Committee. CONSENSUS: By consensus, the Council determined to have Mayor Hunter and Councilmember Wozniak retain their positions on the Budget and Finance Committee. CONSENSUS: By consensus, the Council determined to have Councilmember Harper and Councilmember Millhouse serve on the Economic Development Committee. Councilmember Harper stated he would not be adverse from stepping down from Transportation and Streets Committee. CONSENSUS: By consensus, the Council determined to have Councilmember Mikos and Councilmember Hillhouse serve on the Transportation and Streets Committee. Councilmember Mikos suggested Councilmember Harper provide the new committee members with guidance. Councilmember Harper requested serving on the Affordable Housing /Community Development Committee. CONSENSUS: By consensus, the Council determined to have Mayor Hunter and Councilmember Harper serve on the Affordable Housing /Community Development Committee. CONSENSUS: By consensus, the Council determined to have Councilmember Harper and Councilmember Millhouse serve on the Economic Development Committee. CONSENSUS: By consensus, the Council determined to have Councilmember Wozniak and Councilmember Mikos serve on the Public Works, Facilities and Solid Waste Committee. Councilmember Mikos volunteered to be the alternate on the Affordable Housing /Community Development Committee. There was no objection. Mayor Hunter indicated he would retain his position as the alternate on the Public Works, Facilities, and Solid Waste Committee. Councilmember Harper stated he would retain his position as the alternate on the Budget and Finance Committee. Mayor Hunter clarified that he would take the alternate position on the Economic Development Committee if Minutes of the City Council Moorpark, California Page 20 December 6, 2000 Councilmember Millhouse would serve as the alternate on the Public Works, Facilities, and Solid Waste Committee. Councilmember Millhouse accepted that position. The Council made the following appointments to the ad hoc committees: Day Laborer Committee - Councilmember Harper /Mayor Hunter Casey Road Site, Flory Avenue Site, and City - Mayor Hunter / Councilmember Harper Facilities and Programs Councilmember Harper Public Customer Service Councilmember Wozniak - Councilmember Millhouse/ Program - Mayor Hunter/ Sun Cal Properties - Councilmember Harper / Councilmember Mikos West Pointe Homes - Mayor Hunter / Councilmember Wozniak —' Cable Communications Franchises - Councilmember Millhouse / Councilmember Harper Joint Use Library Committee - Mayor Hunter / Councilmember Harper Moorpark Library Advisory Committee - Mayor Hunter/ Councilmember Mikos Greenbelt Ad Hoc Committee - Mayor Hunter / Councilmember Mikos The following changes were made to the Other Assignments - Moorpark City Council Appointments: Ventura County Animal Regulation Commission - Vacant Economic Development Collaborative of Ventura County - Member: Councilmember Millhouse Santa Monica Mountains Conservancy - Member: Councilmember Mikos; Alternate: Councilmember Millhouse Regional Defense Partnership - Member: Vacant Minutes of the City Council Moorpark, California Page 21 December 6, 2000 Ventura County Mortgage Financing Authority - Representative: Councilmember Harper; Alternate: Mayor Hunter Mr. Kueny announced that the City Selection Committee Meeting at which Councilmember Wozniak would be considered for appointment to Ventura County Transportation Commission (VCTC) would be held on December 19, 2000. Mr. Kueny indicated the matter would come back to the Council as a Consent Calendar item to confirm appointments. Mayor Hunter announced that the Council would return to discussion of Item 10.I. I. Extend City Solid Waste Franchise Agreements Three Years and Annual Update of Solid Waste Collection Fees. Staff Recommendation: 1) Approve an extension of the City's Franchise Agreements with Moorpark Rubbish Disposal and GI Industries for up to three years; 2) authorize the City Manager to execute amendments to the Solid Waste Franchise Agreements changing the residential franchise fee rate from 4% to 5 %; 3) approve the annual solid waste fee adjustment with the City of Moorpark Franchise Haulers, as show in Attachment "A"; and 4) adopt Resolution No. 2000- , which extends the term of the Franchise Agreements for three years, and updates the 2001 Solid Waste Collection Fees, and replaces Exhibit G of the Franchise Agreements with a new rate schedule, effective January 1, 2001. (ROLL CALL VOTE REQUIRED) Mr. Kueny stated, after reviewing the franchise agreement with the City Attorney, the language allows the Council to extend the agreement, but if so extended, it must be for three years. He stated Ms. Lindley had spoken with the haulers and they would not accept anything less than three years. He stated it was necessary for the Council to make a decision prior to the end of the year. He requested the Council appoint an ad hoc committee to work with staff. Councilmember Harper concurred and indicated he would like to volunteer. Councilmember Mikos stated she would like to volunteer. Minutes of the City Council Moorpark, California Page 22 December 6, 2000 Mr. Smith stated they did not want to come off as being difficult. He stated they were working with staff and would continue to do so. Charles Anderson, 4590 Industrial Street, Simi Valley, representing Moorpark Anderson Rubbish Disposal, stated he would also look into litter complaints. He discussed the negotiations for the three -year extension. He stated they had offered to roll back prices and increase the franchise fee. He requested a three -year contract extension. CONSENSUS: By consensus, the Council appointed an ad hoc committee of Councilmember Harper and Councilmember Mikos to bring back a recommendation at the December 20, 2000, meeting regarding the solid waste franchise agreements. 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to approve the Consent Calendar, with the exception of Item 11.A., minutes of the Regular Meeting of November 1, 2000. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of a Joint Special Meeting of the City Council and Planning Commission on April 26, 2000. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register - December 6, 2000. Fiscal Year 2000/2001 Manual Warrants 104218 - 104225 $66,847.14 104235 - 104240 Voided Warrants 101484 (Pentamation additional remittance copies) Payroll Liability 104226 - 104234 Warrants $ (66.00) $14,337.97 Regular Warrants 104241 - 104341 $655,264.05 Staff Recommendation: Approve the Warrant Register. C. Consider Rejection Of Claim: Gretchen Diederich, Charles Diederich, and the Estate of Drew Diederich. Staff Minutes of the City Council Moorpark, California Page 23 December 6, 2000 Recommendation: Reject the claim and direct staff to send a standard rejection letter to the claimants. D. Consider Rejection Of Claim: Lois J. Blair, Lynn Blair, Brittany Blair, Breanna Blair, and Susan Blair Ames, Lynda Blair Burns and Ross Blair. Staff Recommendation: Reject the claim and direct staff to send a standard rejection letter to the claimants. E. Consider Resolution No. 2000 -1796 Amending the Conflict of Interest Code of the City of Moorpark and Rescinding Resolution No. 98 -1535. Staff Recommendation: Adopt Resolution No. 2000 -1796. F. Selection of a Landscape Architect to Prenare Desian Plans and Specifications for Certain Parkway and Median Landscape Improvement Projects and Amendment of Budget to Fund Project 8033: Los Angeles Avenue /Tierra Rejada Road Parkway Project. Staff Recommendation: Approve the selection of Meeks and Associates to provide certain landscape architectural design services and adopt Resolution No. 2000 -1797 amending the budget. (ROLL CALL VOTE REQUIRED) G. Consider Approval of Sale or Disposal of Surplus Cit Vehicles and Purchase of New Vehicles. Staff Recommendation: Adopt Resolution No. 2000 -1798 approving the sale of surplus City vehicles by sale or other permitted means and amending the 2000/2001 budget for the purchase of two pool vehicles. The following item was pulled from the Consent Calendar for individual consideration: A. Consider Approval of Minutes of a Regular Meeting of November 1, 2000. Staff Recommendation: Approve minutes as processed. Mr. Kueny indicated there was a one -word change from "east" to "west" of Liberty Bell Road for the ordinance title. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to approve the minutes as amended. The motion carried 3 -0, Councilmember Mikos and Councilmember Millhouse abstaining. Minutes of the City Council Moorpark, California Page 24 December 6, 2000 12. ORDINANCES: None. AT THIS POINT in the meeting, a recess was declared to convene the Redevelopment Agency. The time was 10:55 p.m. The Council reconvened at 10:56 p.m. 13. CLOSED SESSION: Mr. Kueny announced that Council would be going into closed session for a discussion of three cases under Item 13.B. and Items 13.C., 13.D. 13.E., 13.F., 13.G., 13.H., 13.I., 13.J., and 13.K. on the agenda. Councilmember Mikos indicated she would recuse herself from participation for Items 13.C., 13.D., and 13.E., and would not participate for Item 13.F. until she had a determination regarding a potential conflict of interest. MOTION: Councilmember Wozniak moved and Councilmember Millhouse seconded a motion to adjourn to closed session for a discussion of three cases under Item 13.B., and Items 13.C., 13.D. 13.E., 13.F., 13.G., 13.H., 13.I., 13.J., and 13.K. on the agenda. The motion carried by unanimous voice vote. The time was 10:56 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) 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) 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) Minutes of the City Council Moorpark, California Page 25 December 6, 2000 F. 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) G. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) A Trucking Crane Rental & Repair Company dba A.T.C. Rentals & Repairs, Inc., a California Corporation vs. TM Engineering, a California joint venture; Washington International Insurance Company, an Illinois corporation; WAUSAU, a Mutual Company, a Wisconsin corporation; and City of Moorpark, a California public entity (Case No. SC CIV198723) H. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: 203 E. Los Angeles Ave., Moorpark, CA 93021 and 213 E. Los Angeles Avenue, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Steven A. Valenza Under Negotiation: Price and terms of payment Property: 500 Block (East Side) of Spring Rd., Moorpark CA 93021 (7.52 acre portion of Lot A, Tract 1266 -1, Moorpark Industrial Tract) Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and M.V.S., Inc. Under Negotiation: Price and terms of payment I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, Assistant to City Manager /City Clerk, City Manager, City Attorney, City Engineer, Chief of Police, Director of Administrative Services, Director of Community Development, Director of Community Services, Director of Public Works. J. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Employee Organization: Service Employees International Union, AFL -CIO, CLC, Local 998 K. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Minutes of the City Council Moorpark, California Page 26 December 6, 2000 Unrepresented employees: Assistant City Manager, Assistant to City Manager /City Clerk, Director of Administrative Services, 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 The Council reconvened into closed session at 11:42 p.m. with all Councilmembers present. Also present were Steven Kueny, City Manager; Joseph Montes, Acting City Attorney; Hugh Riley, Assistant City Manager; Wayne Loftus, Director of Community Development; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. Councilmember Mikos left the meeting at 11:55 p.m. and did not participate in the discussion for Items 13.C., 13.D., 13.E., and 13.F. Councilmember Mikos returned to the meeting at 12:52 a.m. The Council reconvened into open session at 12:58 a.m. Mr. Kueny announced that Items 13.C., 13.D., 13.F., 13.G., and 13.H. were discussed and that there was no action to report. 14. ADJOURNMENT: Mayor Hunter adjourned the meeting at 12:58 a.m 2000) . ATTEST: Deborah S. Traffenste t City Clerk (December 7,