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HomeMy WebLinkAboutMIN 2002 0403 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California April 3, 2002 A Regular Meeting of the City Council of the City of Moorpark was held on April 3, 2002, 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 6:37 p.m. 2. INVOCATION: Pastor Dave Wilkinson, Moorpark Presbyterian Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Councilmember Millhouse led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, and Mayor Hunter. Absent: Councilmember Wozniak. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Captain Robert LeMay, Sheriff's Department; Walter Brown, City Engineer; Dana Shigley, Administrative Services Director; Mary Lindley, Community Services Director; Dave Bobardt, Planning Manager; Nancy Burns, Senior Management Analyst; Joseph Fiss, Principal Planner; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. S. PROCLAMATIONS AND COMMENDATIONS: A. Introduction of New Employee, David Bobardt, Planning Manager, Community Development Department. Mayor Hunter introduced Mr. Bobardt and welcomed him to the City staff. Minutes of the City Council Moorpark, California Page 2 April 3, 2002 6. PUBLIC COMMENT: Margarita Riley, Simi Valley resident, addressed the Council and announced the upcoming Moorpark Arts Commission events. Daniel Assael, representing the Moorpark Arts Council (no address provided), spoke about the community outreach programs of the Moorpark Arts Council that are being offered within the Moorpark Unified School District. Cecelia McRoberts, Simi Valley resident, spoke on behalf of the visual arts program that is being offered at the Arts Council Fair at Flory School on April 27. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 6:47 p.m. The City Council meeting reconvened at 7:02 p.m. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Mikos requested that Item 11.G. be pulled for individual consideration. Councilmember Harper requested that Item 11.H. be pulled for individual consideration. Mayor Hunter requested that Item 10.A. be considered as the last Presentation /Action /Discussion item. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos requested that the next meeting agenda include a discussion of the unmet transit needs finding summary that has been released recently. She requested that this item be considered to allow Councilmember Wozniak, the City's representative on the Ventura County Transportation Commission, to have the benefit of that discussion prior to the Commission's next meeting. Councilmember Mikos requested a future agenda item regarding whether the City should consider joining into the Eastern Ventura County Conservation Authority, which is a joint powers agency between the County and Santa Monica Minutes of the City Council Moorpark, California Page 3 ril 3, 2002 Mountains Conservancy (SMMC) for Happy Camp Canyon Regional Park. She referenced Specific Plan No. 2 and trail connections with Happy Camp Canyon Regional Park as a reason for consideration of a joint powers conservation authority, and also suggested review of the other similar joint powers conservation authority between Thousand Oaks and the SMMC. Councilmember Mikos announced that on April 13 there will be a hike in Happy Camp Canyon Regional Park. Councilmember Millhouse requested that the community provide funding assistance for the Moorpark High School Decathlon team to attend the national competition. He acknowledged those who had already contributed. Councilmember Harper requested that staff obtain a copy of the Port Hueneme Access Study that was prepared by the Ventura County Transportation Commission in 2000 and provide it to the Councilmembers. Councilmember Harper requested a future agenda item to discuss a recent Federal Emergency Management Agency (FEMA) update to the flood plain management program that may result in the requirement to elevate building pads for new construction in the downtown area. Councilmember Harper suggested that an alternative to this proposed FEMA requirement would be to form an assessment district to build levies along the Arroyo Simi with proposed builders being assessed to meet the funding requirements. Councilmember Harper requested that the Council review the nature of the invocation that is presented at City Council meetings. He requested that the Council review with City Attorney guidance the invocation relative to the diversity of those providing the invocation. In response to Councilmember Harper's concern relative to the proposed FEMA requirements in the downtown area, Mr. Kueny stated that he recommends that this issue be addressed and placed on the agenda for the scheduled Joint Meeting of the Planning Commission and City Council on April 24. Minutes of the City Council Moorpark, California Page 4 April 3, 2002 9. PUBLIC HEARINGS: A. Consider Conditional Use Permit No. 2002 -01, a Request to Allow the Sale and Consumption of Alcoholic Beverages, Other than Beer and Wine, (Liquor) in Conjunction with Dining Where Beer and Wine is Currently Sold at The Coffee Grinder Restaurant, 1 West Los Angeles Avenue, on the Application of Reza Yassini. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2002 - conditionally approving Conditional Use Permit No. 2002 -01. Joseph Fiss gave the staff report. Mayor Hunter opened the public hearing. John Newton, 165 High Street, Suite 163, addressed the Council as the applicant's representative. Mr. Newton requested that the following conditions be modified as follows: 1) Condition No. 2 which currently reads: "Security Personnel shall be provided to monitor the parking areas (s) designated for use by customers of the restaurant during any activity that may require the need for additional security. The applicant shall work with the Police Department and Community Development Department staff to determine which activities shall require additional security. The owner /manager shall be required to obtain Temporary Use Permit approval from the City of Moorpark when a scheduled activity could create a need for increased police presence." Mr. Newton requested that Condition No. 2 be modified by adding a final sentence that would read: "The only exception shall be for special events held by Moorpark based non - profit groups." Minutes of the City Council Moorpark, California Page 5 April 3, 2002 2) Condition No. 11 which currently reads: 3) "The renting party shall provide two security guards for up to 100 attendees and one additional security guard for each additional 50 attendees or portion thereof, up to the maximum occupancy allowed by Code. The security guards are to be hired from the time alcohol is served until all guests have vacated the property. Proof that security guards have been hired must be provided no less than 2 (two) weeks prior to the event. The applicant shall pay for all costs related to providing security guards to the security company in advance of the event. The only exception shall be for special events held by Moorpark based non- profit groups." Mr. Newton requested that Condition No. 11 be deleted with the proviso that the applicant will have no concern if that condition is added back in by the City of Moorpark if it becomes apparent that there is a demonstrated problem. Mayor Hunter asked if the applicant is accepting Condition No. 2 providing that the last sentence from Condition No. 11 is added at the bottom of the condition. Mr. Newton confirmed Mayor Hunter's statement. Condition No. 6, which currently reads: "There shall be no 'cover' charge, admission or entry fee for special event uses." Mr. Newton requested that this condition be modified as follows: "There shall be no 'cover' charge, admission or entry fee for special event uses except for big screen pay per view events from time to time." 4) Condition No. 8, which currently reads: Minutes of the City Council April 3, 2002 Moorpark, California Page 6 P "No person under the age of twenty -one (21) shall sell or package alcoholic beverages." Mr. Newton requested the following addition: "Table servers of alcoholic beverages must be 18 years of age or older." 5) Condition No. 12, which currently reads: "Sales, service or consumption of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. and 10:00 p.m. each day of the week." Mr. Newton stated that the applicant is requesting that the hours of operation be 6:00 a.m to 12:00 midnight. 6) Condition No. 13, which currently reads: "The quarterly gross sales of alcoholic beverages shall not exceed fifty percent (500) of the gross sales of food during the same period. The Coffee Grinder Family Restaurant shall at all times maintain records which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Moorpark Police Department upon demand." Mr. Newton requested that the 50% figure in the second line of this condition be deleted. He stated that this is not a proper measure to be used to distinguish a restaurant from a bar. In response to Council question, Mr. Newton agreed that this item needs to be reviewed and modified in a different manner. Councilmember Millhouse asked if the term "Pay per View" is too restrictive relative to the proposed wording of Condition No. 6. He stated that a Super Minutes of the City Council Moorpark, California Page 7 April 3, 2002 Bowl party would not be a `Pay per View" event and would not be included as a special event use. Mr. Kueny stated that the issue of when a Temporary Use Permit is required should be clarified in the Conditions of Approval, if it is not stated in the Code, and should not be left to the applicant's sole determination. He stated the easiest way to determine a special event use is to require a Temporary Use Permit any time there is a charge or entry fee. Councilmember Mikos asked if there are other circumstances when a Temporary Use Permit would be required in addition to the `Pay per View" and cover charge for special events. Ms. Traffenstedt clarified that, based on their normal operations there would not be other circumstances requiring a Temporary Use Permit, unless an event occurred that required additional security and that modified their normal operations. Councilmember Harper questioned why the City is attempting to regulate the use of the facility if the activities are confined to the building and are not a public issue. In response to Councilmember Harper, Mr. Kueny stated that the City needs to have the ability to require security and he referred back to Condition No. 11. He stated that it should not necessarily be deleted in its entirety, but, as stated by the applicant's representative, can be imposed unilaterally by the City if there is a demonstrated problem. He stated the two reasons to require security are to protect the property owner and to not allow the security to become a drain on the City's police resources. He continued by stating that if the Council decides to modify staff's recommendation, that Council see if the issue becomes problematic and, if it does, staff will bring it back for the Council to consider invoking the Condition No. 11 clause. Councilmember Harper stated that he would support deleting Condition No. 11 and Condition No. 6 and Minutes of the City Council Moorpark, California Page 8 ril 3, 2002 providing more authority to staff and the Police Department by way of a modified, stronger Condition No. 2. Gerald Goldstein, a Moorpark resident, discussed a prior Council approval of a liquor license for another project on Princeton Avenue. Mayor Hunter stated that he is not certain that the City should place onerous restrictions on this business owner. He stated that if Conditions No. 2 and 11 are left in the Conditions of Approval, they would be inconsistent with Conditional Use Permit Finding No. 8, which states "the use will not create the need for increased police services." Councilmember Harper suggested that, since Condition No. 2 provides a great deal of latitude to City staff and to the Sheriff's Department to assess the situation, Condition No. 11 does not appear to be necessary. He requested that the Sheriff's Department be consulted to offer additional language to Condition No. 2 to alleviate the need for Condition No. 11. He suggested that Condition No. 6 also be deleted. Mr. Kueny stated that this is a Conditional Use Permit and that these conditions will run with the land in perpetuity. He also stated that the City's ability to change the conditions in the future would be limited, unless that ability is specifically addressed in these conditions of approval. Mr. Kueny continued by stating that another item that is not addressed is that of live music at the facility. He reminded Council that this is a one -time opportunity to establish the conditions for this use on this site. Captain Robert LeMay asked for clarification as to what the reasoning is for including Conditions No. 2 and 11. Councilmember Harper asked if the City Attorney has suggested language that would give the City the unilateral ability to bring this back as a public hearing and recondition the Conditional Use Permit if the need arises. Minutes of the City Council Moorpark, California Page 9 April 3, 2002 Mr. Montes responded that, in accordance with Code and with the State Law, the Council has the ability to bring the Conditional Use Permit back for examination and further conditioning if there are changed circumstances, but that does not expressly include changed ownership or management. Mr. Montes suggested that the Council may want to include language that the City reserves the right to review the CUP and the conditions in the event that changed circumstances occur including, but not limited to, changed ownership and /or management. Councilmember Mikos asked that if there is a change of ownership could the Council review the conditions at that time. In response to Councilmember Mikos, Mr. Montes confirmed that with the added language the Council could review the conditions at the time of a change of ownership and recommended that the Council get the applicant's concurrence to include the new language. Mayor Hunter recommended that the final sentence in Condition No. 11 be moved to become the final sentence in Condition No. 2; that Condition No. 11 be deleted, and that additional language be added as recommended by the City Attorney. Mr. Newton, as the applicant's representative, stated that the applicant agrees with Mayor Hunter's stated changes to the conditions. Mayor Hunter summarized that the Council was in consensus to: 1) Delete Condition No. 6; 2) modify Condition No. 8 to add "table servers of alcoholic beverages must be 18 years of age or older "; 3) modify Condition No. 12 to modify the hours of operation to be 6:00 a.m. and 12:00 midnight of each day. In response to Mayor Hunter, relative to Condition No. 13, Mr. Kueny stated that this condition is consistent with a condition that was imposed on Bauducco's Restaurant in the City. Minutes of the City Council Moorpark, California Page 10 April 3, 2002 Councilmember Millhouse stated that this condition is over regulatory to the business. Mr. Kueny stated that with the addition of new language addressing changed conditions, staff concurred with revising Condition No. 13 by deleting the first sentence. By consensus, the Council determined to delete the first sentence of Condition No. 13. Mr. Newton stated the applicant agreed to the changed conditions. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to: 1) Delete Condition No. 6 from the Conditions of Approval; 2) modify Condition No. 8 to add "table servers of alcoholic beverages must be 18 years of age or older "; 3) modify Condition No. 12 to modify the hours of operation to be between 6:00 a.m. and 12:00 midnight of each day; 4) delete the first sentence of Condition No. 13; 5) include language that the City reserves the right to review the CUP and the conditions in the event that changed circumstances occur including, but not limited to, changed ownership and /or management; and 6) adopt Resolution No. 2002 -1958 as modified conditionally approving Conditional Use Permit No. 2002 -01. The motion carried by voice vote 4 -0, Councilmember Wozniak absent. 10. PRESENTATION /ACTION /DISCUSSION: B. Consider Reconsideration of Item No. 10.A. on March 20, 2002 Agenda and Reconsideration of Vote on Item 10.A. (Deferring General Plan Amendment Prescreening Application Processing for Two Applications Filed in 2001, GPA Prescreen 2001 -02 and 2001 -03, One Application Filed in 2000, GPA Prescreen 2000 -02, and any other Developer - Initiated GPA Prescreening Application until the November 2002 Application Filing Period). Staff Recommendation: Direct staff as deemed appropriate. Minutes of the City Council Moorpark, California Page 11 ril 3, 2002 Councilmember Mikos provided the background relative to this item and stated that it was placed on the agenda at her request. She stated that the applicant, Deewayne Jones, has made the effort to comply with the direction that he received from the Affordable Housing /Community Development Committee. She recommended that the Council reconsider this item and take action that, with the exception of Mr. Jones' application, the other GPA prescreening applications be postponed until November 2002. She stated that this would maintain Mr. Jones' application in the queue and allow the further processing of it at such time when the City's staffing level is adequate to do SO. In response to Mayor Hunter, Ms. Traffenstedt stated that the Council took action at the March 20, 2002 meeting to defer all General Plan Amendment Pre - Screening Applications to the November, 2002 cycle. She explained that there is an upcoming Spring cycle and these applications would not be accepted in that cycle; the next application period would be November of 2002. Ms. Traffenstedt confirmed to the Council that there are additional applications on file and that filing fees have been paid by those applicants. Councilmember Mikos stated that Mr. Jones' application is more advanced in the review process than the others and, when staff is able to review it further, she wants his application to not be deferred to November for processing. Mr. Kueny stated that Councilmember Mikos' suggestion is acceptable that staff will work on Mr. Jones' application based on staff availability, and would defer the other applications to November 2002. He also stated that refunds of deposits already paid by those applicants could be made at their request, based on staff time expended to date. Councilmember Mikos stated that she agrees that the refund of fees be included as part of a motion that is considered relative to this item. Minutes of the City Council Moorpark, California Page 12 ril 3, 2002 MOTION TO RECONSIDER: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to reconsider the City Council's vote of March 20, 2002 relative to Item 10.A. on that agenda, Deferring General Plan Amendment Prescreening Application Processing for Two Applications Filed in 2001, GPA Prescreen 2001 -02 and 2001 -03, One Application Filed in 2000, GPA Prescreen 2000 -02, and any other Developer- Initiated GPA Prescreening Application until the November 2002 Application Filing Period) . The motion carried by voice vote 4 -0, Councilmember Wozniak absent. In response to Councilmember Mikos, Mr. Montes stated that the City Council could rescind the prior vote on this item and take new action in the form of a single motion. Councilmember Mikos asked if the refund of applicant fees needs to be included in the motion. Ms. Traffenstedt stated that, regardless of the vote of the Council, the applicants can request a refund at any time. She stated that any staff time that had been expended on their applications would be deducted from that application fee refund. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to: 1) Defer all pending General Plan Amendment (GPA) Pre - Screening applications to November 2002, with the exception of the application filed by Deewayne Jones, which would be processed at such time that City staffing level permitted; and 2) waive staff processing time periods for GPA Prescreening Applications as established by the City Council. The motion carried by voice vote 4 -0, Councilmember Wozniak absent. C. Consider the Review of the Moorpark Municipal Code Section 12.08 and 12.12, Regarding Trees and the Peach Hill HOA Tree Removal Request. Staff Recommendation: Appoint two Councilmembers to serve on an Ad Hoc Committee to review the Moorpark Municipal Code Sections 12.08 and 12.12, and concur with staff's intent to approve the removal of ten (10) Eucalyptus trees adjacent to the back of Peach Hill School and Minutes of the City Council Moorpark, California Page 13 April 3, 2002 the Peach Hill Homeowners Association's obligation to plant ten (10) replacement trees, species and location to be approved by staff. Mary Lindley gave the staff report. Errol Hale, 4330 Deepwell Lane, addressed the Council as a representative of the Peach Hill Homeowners Association. He stated that the eucalyptus trees in the common area of their development pose problems because they are messy, vegetation will not grow underneath them, they are too close together, and they require costly maintenance. He stated that they are requesting to remove 64 of the total 131 trees in the development. In response to Council question, Mr. Hale stated that the Homeowner's Association could afford to remove approximately one -third of the 64 trees in the upcoming 24 months. Councilmember Mikos stated that, according to an article in the January 2002 issue of Audubon Society magazine, eucalyptus trees are considered to be America's largest and deadliest weed. Mr. Hale stated that new trees will be planted in the parkway along Peach Hill Road and in the trail corridor. Councilmember Mikos stated she would like to serve on the Ad Hoc Committee. Councilmember Millhouse stated he concurred with the staff recommendation. Councilmember Harper discussed the need to review the tree protection ordinance and recommended that a different method be initiated relative to tree removal within the City. He recommended that, if an HOA requests permission from the City to remove a tree that a second signature of the property owner be required on the tree removal permit. Councilmember Harper further suggested that a third signature of any affected property owner within the dripline of the Minutes of the City Council Moorpark, California Page 14 ril 3, 2002 tree be required on the permit as well. Councilmember Harper volunteered to serve on the Ad Hoc Committee. Mayor Hunter stated that he supports the formation of an Ad Hoc Committee to review the two sections of the Code, but that this specific request should be excluded from that revision process, so that the Peach Hill HOA can proceed with some of the tree removal. He proposed that an Ad Hoc Committee be created to review the two identified sections of the Municipal Code; that this application be allowed to proceed for tree removal of up to 22 trees every 24 months; that for every three trees removed, one would be replaced; and that the balance of the landscaping to be installed on Peach Hill Road satisfy the requirement for the balance of the required tree replacement. Councilmember Harper stated that he wants the concurrence of the property owner and affected property owners to be a requirement of this process. Mr. Hale stated that the trees to be removed are on common Homeowners Association property and are not located on private property. Mayor Hunter stated his concern that this issue is under the jurisdiction of the Homeowners Association and he questions the City Council's involvement with it. Mr. Hale stated that the Peach Hill Homeowners Association would be willing to gain the necessary signatures prior to the removal of the trees, but that it would entail more effort on their part. Mr. Kueny suggested the Council approve the removal of 64 specifically identified trees and move forward with Mayor Hunter's previous suggestion relative to this removal. Mr. Kueny stated that staff will issue permits consistent with the Council's direction of gaining the homeowners' signatures. He stated that staff will work with the HOA to determine the precise location of the trees to be removed and the trees to be replaced. Minutes of the City Council Moorpark, California Page 15 ril 3, 2002 MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to direct staff to issue a permit for the Peach Hill Homeowner's Association to remove a total of 66 trees with the tree replacement to be 1 tree replaced for every three trees removed, the tree removal to be limited to no more than 22 trees every 24 months, subject to signatures being obtained from affected property owners to concur with each tree removal. The motion carried by voice vote 4 -0, Councilmember Wozniak absent. AT THIS POINT in the meeting, the Council took a recess. The time was 8:27 p.m. The Council meeting reconvened at 8:40 p.m. Mayor Hunter noted that there is one remaining action to be completed relative to Item 10.C. and that is the creation of the Ad Hoc Committee. CONSENSUS: By consensus, the Council determined that Councilmember Harper and Councilmember Mikos will serve on an Ad Hoc Committee to review the Moorpark Municipal Code Sections 12.08 and 12.12. D. Review and Discuss Feasibility of Increasing Operations at the SR -118 Truck Inspection Station to a 24 -Hour Basis. Staff Recommendation: Discuss the feasibility of increased commercial traffic enforcement in Moorpark including increasing operating hours at the SR -118 Inspection Facility. Hugh Riley stated that Councilmember Millhouse requested this item be on the agenda and he deferred to Councilmember Millhouse for further information. Councilmember Millhouse stated that he is concerned that the truck traffic on State Route 118 is increasing due to expansion of the Port Hueneme shipping operations. He stated that he is seeking information relative to the cost of maintaining the SR -118 truck inspection station on a 24 -hour basis. He stated that it would serve to reduce the number of trucks coming through the City of Moorpark, since a certain percentage of truckers would want to avoid the delays of the station, and it would help ensure that Minutes of the City Council Moorpark, California Paae 16 April 3, 2002 the trucks that do travel through the City are vehicles that are operating safely. Councilmember Millhouse stated that the personnel cost to operate the station for an 8 -hour shift is approximately $690.00 with an additional $210 per day for fixed costs. He stated that the total cost for one year would be approximately $236,000 for an 8 -hour shift. He suggested that funding can be. sought from the County, State, and Federal government, and potentially the Port of Hueneme, to assist with expenses related to extending operating hours. Councilmember Mikos stated that she needed more information prior to making a decision. Councilmember Harper stated that he shares Councilmember Mikos' need for additional and more complete information. He also requested that the Council learn what percentage of trucks are actually inspected. He noted that the State is going to fully fund a permanent station to be opened in the year 2007 and he stated he would like the City to investigate the possibility of accelerating that timetable with the use of local funding. He stated that if the City can share in the revenues from the permanent station, then he would support using local funding to assist with the construction of it to get it in place sooner than the year 2007. Councilmember Millhouse explained that his request is for the Council to define what is desired relative to the hours of operation and then to approach the State with a specific proposal. Councilmember Harper suggested that it may be appropriate for a subcommittee to be appointed. He suggested that Councilmember Millhouse and Councilmember Wozniak would be possible members of such a subcommittee. Councilmember Harper recommended that the subcommittee could address short -term and long -term goals. He provided an example of a short - term goal being the expansion of hours of operation and possibly staggering the hours of operation to make it less predictable for the truck operators. The Minutes of the City Council Moorpark, California Page 17 April 3, 2002 second would be a long -term goal of considering and accelerating the establishment of a permanent weigh station. Mayor Hunter stated that he will not abandon the goal of eliminating trucks on State Route 118. He requested definition of a Class C weigh station. Mr. Riley responded that it is determined by the number of lanes and the capacity of the facility. He will provide the City Council with a technical definition as an inbox item. Mayor Hunter asked why the State is proposing to relocate the station. Mr. Riley stated that the State is anticipating that they will acquire more land than they may really need. Councilmember Mikos suggested that the State may have a plan to widen SR -118 to establish four lanes from Moorpark to Port Hueneme and it is being done under the guise of purchasing right -of -way to assist with the establishment of the weigh station. Mayor Hunter reminded the Council that the CHP is the only agency authorized to stop traffic to conduct inspections. He suggested that legislation is needed to allow police departments to conduct safety inspections on trucks. He requested that it be a part of any motion that is considered relative to this item. Councilmember Millhouse concurred with Mayor Hunter's suggestion. He asked that the Council state a position to set a policy requesting the appropriate State, County, and Federal authorities to operate the vehicle inspection station on an established basis. He does not want to delay this item at the committee level. Councilmember Harper suggested that the letter that was sent by Mayor Hunter to the CHP in May of 2001 be updated and sent again to all of those concerned. Minutes of the City Council Moorpark, California Page 18 ril 3. 2002 Mayor Hunter suggested that the Council consider adoption of a formal resolution addressing that issue as opposed to letters being sent to the representatives of the various agencies stating the City's position. Councilmember Harper concurred with Mayor Hunter's recommendation. Mayor Hunter stated that he on the subcommittee, but Councilmember Wozniak who is has an interest in serving does not want to exclude absent this evening. Councilmembers Harper and Mayor Hunter be a member of Councilmember Wozniak be transportation issues. Millhouse concurred that the subcommittee and that consulted on the various MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to direct staff to prepare a resolution in support of the State Route 118 inspection station being operated either full time or on a consistent basis each day; that an Ad Hoc Committee consisting of Mayor Hunter and Councilmember Millhouse be created to develop goals pertaining to reducing or eliminating truck traffic on SR -118 through Moorpark. The motion carried by voice vote 4 -0, Councilmember Wozniak absent. A. Consider a Temporary Use Permit for Recreational Vehicle Storage on Coast Auto Salvage Property (198 Lorraine Lane) . Staff Recommendation: Direct staff as deemed appropriate. Ms. Traffenstedt gave the staff report. John Newton, 165 High Street, Suite 103, addressed the Council as the applicant's representative. He requested approval of the Temporary Use Permit based on the non - conforming change of use provision. Mr. Newton explained a concern that has been expressed is, if the Temporary Use Permit (TUP) is issued, what criteria will determine when it is to be terminated. Mr. Newton explained that Calleguas Municipal Water District is required to provide notice to the Minutes of the City Council Moorpark, California Page 19 April 3, 2002 recreational vehicle (RV) tenants when it is time for them to move. He further explained that he is tasked to find an alternate site to store the 35 RV units when those tenants receive that notice. He read the following suggested language that could be incorporated into the TUP to ensure that the 35 recreational vehicle units are removed from the Coast Auto Salvage site when Calleguas gives the notice to the tenants: "Notice be provided to all tenants and any prospective tenants during the temporary use period (meaning all tenants on the RV storage site and, during the construction period, any prospective tenant entering the storage site would receive this notice) that the temporary use permit site is for temporary parking of up to 35 recreational vehicles during construction of Calleguas Municipal Water District's waterline estimated to be six months in duration. Once construction is certified to the City by Calleguas Municipal Water District that it is complete, the TUP is terminated. Any recreational vehicle remaining on the TUP site after the use permit is terminated, may be removed by the City, towed to an impound yard and stored there, all at the RV owner's expense. Said notice to be acknowledged with copies provided to the City prior to the use inauguration." Mayor Hunter asked staff if the question of approval is that of an expansion of a non - conforming use. Ms. Traffenstedt confirmed that statement. In response to Council question, Mr. Montes stated that the question is whether or not the City Council can authorize the requested use via a TUP. He stated that the TUP language allows a broad interpretation. He continued by stating that the Council is treating this request as a non - conforming use and that this type of use would require a Conditional Use Permit (CUP) and that the TUP is not available to give someone a use that otherwise requires a CUP. He continued by stating that there appears to be a question of determination as to whether or not this is an expansion of a nonconforming use, or whether or not Minutes of the City Council Moorpark, California Page 20 April 3, 2002 this is a change of a nonconforming use, or whether or not the existing use is nonconforming at all. He explained that there is some latitude to accomplish a temporary arrangement if that is the Council's inclination given the circumstances. Councilmember Harper stated that the question is by what method the Council will accomplish the granting of the TUP legally, with least cost impact, and have it terminate/" sunset" legally. He stated that Mr. Newton's suggested language is reasonable with one change that, at the conclusion of the Public Works project, the tenants are provided a reasonable time to vacate. Councilmember Harper expressed concern that the pads that have been created for this temporary use will not suddenly be occupied by other vehicles. He expressed support of the City Attorney's advisement that this issue be addressed as a TUP. Mr. Montes stated that in response to the proposed condition by the applicant, the City does not want to be in the position to enforce the removal of the recreational vehicles to the greatest extent possible. He recommended instead that a condition be added to require that in the event the units are not removed, the owner of the facility be required to remove and store them at an alternate location. He also suggested that the City consider a bonding requirement to cover the cost of the removal if the owner does not remove the units and the City is forced to remove them. If the property owner does not honor that obligation, then the City has the legal right to call in the bond. Mayor Hunter asked Mr. Montes if a TUP can be allowed under the given circumstances, if appropriately conditioned. Mr. Montes stated that based on the circumstances of the proposed project site, including that there are two parcels involved and it is unclear whether it is an expansion of use of one parcel or a change of use Minutes of the City Council Moorpark, California Page 21 April 3, 2002 of another parcel, he felt this situation presents the opportunity to use a TUP. Mr. Montes stated that it is very difficult to sunset a CUP. He explained that once the use has commenced and the property owner has obtained the vested right under California Law, and unless the property owner has violated the conditions, it is very difficult to terminate that CUP. He concluded by stating that a TUP has an established deadline for termination of the temporary use. He stated that the TUP is preferred in this situation. In response to Council question, Mr. Montes stated that anyone can challenge the Council's decision to issue this permit, but he does not believe this is likely, since the potential challengers are the same entities that are now applying for the permit. Mr. Montes addressed that the exposure of the Council will be at the expiration of the permit life and how the owners of the recreational vehicles at that site are being treated at that time. Mr. Montes recommended that the City include an indemnity clause as a requirement to limit the City's liability exposure. Councilmember Harper asked if there are any residents attempting to use these units as residential homes. In response to Councilmember Harper, Mr. Newton indicated that none of the units are being utilized as residential homes. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to: 1) authorize a Temporary Use Permit (TUP) ; 2) that the TUP be valid for a specified period of time, specifically beginning 30 days prior to the initiation of the Calleguas Municipal Water District public works project and concluding 30 days following the certified completion of that project; 3) that the applicant be required to post a bond to ensure removal of any recreational vehicle units that remain on the property after 30 days and that the site be restored to its original condition; 4) that staff be authorized to add other Minutes of the City Council Moorpark, California Page 22 April 3, 2002 conditions as deemed appropriate, including the City Attorney recommended requirements; and 5) that this item come back to the Council for final approval. The motion carried by voice vote 4 -0, Councilmember Wozniak absent. 11. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to approve the Consent Calendar, with the exception of Items ll.G. and Item ll.H., which were pulled for individual consideration. The motion carried by roll call vote 4 -0, Councilmember Wozniak absent. A. Consider Approval of Minutes of Regular Meeting of Julv 18, 2001. Consider Approval of Minutes of Special Meeting of December 19, 2001. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register for Fiscal Year 2001 -2002 - April 3, 2002. Manual Warrants 108816 - 108821 $2,573.00 Voided Warrants 108697 & 108797 & $(16,295.07) 108819 Payroll Liability 108822 - 108827 $ 8,762.38 Warrants Regular Warrants 108828 - 108911 & $ 21,353.25 108912 - 108949 $ 264,639.99 Staff Recommendation: Approve the warrant register. C. Consider a Resolution Appropriating Funds for a Summer Beach Bus Program Providing Public Transportation From Moorpark to Zuma Beach County Park. Staff Recommendation: Approve Resolution No. 2002 -1959, and authorize the City Manager to finalize and execute a new Agreement with Durham Transportation to operate the Summer Beach Bus and to proceed with plans for a transit service to the Ventura County Fair on a trial basis. Minutes of the City Council Moorpark, California Page 23 ril 3, 2002 D. Consider a Resolution Authorizing Submittal of a Beverage Container Recycling and Litter Reduction Act Grant Application to the California Department of Conservation Division of Recycling. Staff Recommendation: Adopt Resolution No. 2002 -1960. E. Consider a Resolution Authorizing Submittal of a Three Year (2002/2005) Used Oil Recycling Block Grant Application to the California Integrated Waste Management Board. Staff Recommendation: Adopt Resolution No. 2002 -1961. F. Consider Adoption of a Resolution Directing the Planning Commission to set a Public Hearing and Provide a Recommendation on a Zoning Code Amendment Related to Signs for the Promotion of New Businesses. Staff Recommendation: Adopt Resolution No. 2002 -1962. The following Consent Calendar items were pulled for individual consideration. G. Consider Adoption of a Resolution Directing the Planning Commission to set a Public Hearing and Provide a Recommendation on a Zoning Code Amendment Related to Second Dwellings. Staff Recommendation: Adopt Resolution No. 2002 -1963. Councilmember Mikos pulled this item to give focus and direction to consider the approval of second dwellings on large lots as a method of meeting the affordable housing needs of the community. MOTION: Councilmember Mikos moved and Councilmember Harper moved to adopt Resolution 2002 -1963. The motion carried by voice vote 4 -0, Councilmember Wozniak absent. H. Consider Recognition Awards and Insurance Services Office (ISO) Rating for the Moorpark Building and Safety Division. Staff Recommendation: Receive and file the report. Councilmember Harper stated he pulled this item to allow the City Engineer staff to report relative to this item. Minutes of the City Council Moorpark, California Page 24 April 3, 2002 Walter Brown summarized the recognition of awards that were recently provided to the Moorpark Building and Safety Division staff. CONSENSUS: By consensus. the Council determined to receive and file the report. 12. ORDINANCES: None. 13. CLOSED SESSION: Mr. Kueny announced that the City Council would be going into closed session for discussion of Item 13.B (4 cases), Item 13.E., and Item 13.H. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to adjourn to closed session for a discussion of Item 13.B. (three cases), Item 13.E., and Item 13.H. The motion carried by voice vote 4 -0, Councilmember Wozniak absent. 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) E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, Assistant to City Manager /City Clerk, Assistant City Manager, City Attorney, City Engineer, Chief of Police, Director of Administrative Services, Director of Community Development, Director of Community Services, and Director of Public Works. H. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 511 -0- 050 -080, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Monte L. Abbath Under Negotiation: Price and terms of payment. AT THIS POINT in the meeting, the City Council meeting was recessed to convene the Moorpark Redevelopment Agency Minutes of the City Council Moorpark, California Page 25 April 3, 2002 closed session. The time was 9:25 p.m. The Council reconvened into closed session at 9:50 p.m. Present in closed session were Councilmembers Harper, Mikos, and Millhouse and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 10:52 p.m. Mr. Kueny stated that three cases under Item 13.B., Item 13.E., and Item 13.H. were discussed and that there was no action to report. 14. ADJOURNMENT: Mayor Hunter adjourned th� meeting a� 10:52 . atrick �u�t/er, Mayor ATTEST: Deborah S. Traffenste, City Clerk