Loading...
HomeMy WebLinkAboutMIN 2002 0116 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California January 16, 2002 A Regular Meeting of the City Council of the City of Moorpark was held on January 16, 2002, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Pro Tem Mikos called the meeting to order at 6:44 p.m. 2. INVOCATION: Pastor Eric Sweitz, Sonrise Pacific Church gave the invocation. 3. PLEDGE OF ALLEGIANCE: Bradley Wohlenberg, Assistant City Attorney, led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Harper, Millhouse (arrived at 7:25 p.m.), Wozniak, and Mayor Pro Tem Mikos. Absent: Mayor Hunter. Staff Present: Steven Kueny, City Manager; Bradley Wohlenberg, Assistant City Attorney; Hugh Riley, Assistant City Manager; Ken Gilbert, Public Works Director; Mary Lindley, Community Services Director; Dana Shigley, Administrative Services Director; Captain Robert LeMay, Sheriff's Department; Walter Brown, City Engineer; Nancy Burns, Senior Management Analyst; Joseph Fiss, Principal Planner; Paul Porter, Principal Planner; Deborah Traffenstedt, Assistant to City Manager /City Clerk and Acting Community Development Director; and La -Dell VanDeren, Deputy City Clerk. Minutes of the City Council Moorpark, California Page 2 January 16, 2002 5. PROCLAMATIONS AND COMMENDATIONS: A. City Manager's Monthly Report. Ms. Lindley gave the report. She reported on the status of the restroom and sewer extension projects at Arroyo Vista, and on the discussions at the Parks and Recreation Commission meetings regarding the skate park. She further reported on the completion of the winter camp and holiday events, noting that the Moorpark After Dark teen dances were still having excellent attendance and have had great cooperation with the Boys and Girls Club and the schools. She stated that the Teen Coordinator was now meeting with the schools to discuss more collaborative events for school -aged children. She also stated that the seniors had their annual holiday event, which was very well attended. She also reported that two new gazebos would be installed at Poindexter Park and that the ball fields were being readied for the Little League and Girls' Softball seasons. She concluded by reporting that the field renovations at Miller Park, Arroyo Vista, and Campus Canyon should be completed in time for Spring. 6. PUBLIC COMMENT: Linda Parks, a Moorpark resident and member of the Moorpark Historical Society, presented a book on the history of Moorpark and promoted the fact that it was a great reference tool. She introduced Debra Ryono, as the incoming President of the Historical Society. AT THIS POINT in the meeting the City Council adjourned to convene the Moorpark Redevelopment Agency. The time was 6:54 p.m. The City Council reconvened at 6:55 p.m. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Pro Tem Mikos requested that Item 11.F. be pulled from the Consent Calendar for discussion. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Pro Tem Mikos announced the following events: 1) Moorpark After Dark teen dance on February 1, 2002, 7:00 p.m. to 10:00 p.m. at the Boys and Girls Club; 2) Skate and Blade on Tuesdays and Wednesdays, 3:00 p.m. to 5:00 p.m., Minutes of the City Council Moorpark, California Page 3 January 16, 2002 and beginning February 7, 2002 on Thursdays and Fridays, 3:00 p.m. to 5:00 p.m.; 3) Snow Board and Ski on January 28, 2002, 6:00 a.m. to 6:00 p.m. at Mountain High; and 4) Hiking at Happy Camp Canyon on January 26, 2002. She stated that the SOAR lawsuits have been dropped by Messenger Investment Company and that they had paid the City for outstanding bills. 9. PUBLIC HEARINGS: A. Consider Zoning Ordinance Amendment (ZOA) No. 2001 -01 Amending Chapters 17.08, 17.20, 17.24, and 17.28 of the Municipal Code Related to Recreational Vehicle Storage and Parking. (Continued Open Public Hearing from City Council meeting of December 5, 2001.) Staff Recommendation: 1) Close the public hearing and continue this item off calendar; and 2) Direct staff to re- advertise for public hearing upon completion of the necessary revisions. Ms. Traffenstedt gave the staff report. Mayor Pro Tem Mikos closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to continue this item off calendar and direct staff to re- advertise for public hearing upon completion of the necessary revisions to the ordinance. The motion carried by voice vote, 3 -0, Mayor Hunter and Councilmember Millhouse absent. B. Consider Draft Ordinance Regulating Wireless Communications Facilities within the City of Moorpark by Adding Chapter 17.42 and Amending Chapters 17.08 and 17.20 of Title 17, Zoning, of the Moorpark Municipal Code, and Repealing Ordinance No. 275 upon the Effective Date of the New Ordinance (Zoning Ordinance Amendment No. 2001 -03). (Continued Open Public Hearing from City Council meeting of December 5, 2001)). Staff Recommendation: 1) Continue the public hearing, take public testimony, and close the public hearing; and 2) Waive full reading and introduce Ordinance No. for first reading. Ms. Traffenstedt gave the staff report. Minutes of the City Council Moorpark, California Page 4 January 16, 2002 Gregory W. Sanders, Attorney for Sprint PCS, 18101 Von Karman Avenue, #1800, Irvine, spoke in support of the draft ordinance. Hugh Finlay, a Moorpark resident, stated that the 200 - foot rule, as referenced in Section D1, should specify whether the measurement was from the center or edge of the transmitter site. He noted that the 200 -foot rule was appropriate for Sprint PCS and AT &T systems, but suggested that new or smaller output systems should be reviewed separately because of their power outputs. He further suggested that there be safeguards added in the measurements for public safety and public right -of -way. He referred to Section 17.42.050(07), and asked what was meant by signal strength exhibits. He stated that the provisions for a lattice tower in Section 17.42.080 should be better defined in the event a single pole tower is used. He concluded by stating that the general trend of the ordinance was better but recommended that the language be stronger with regard to advisory or mandatory requirements. Tony Banducci, a Moorpark resident and on behalf of the 60 Moorpark residents who signed the petition, spoke in support of the ordinance and stated that it fits the needs of the community and industry. He pointed out that this item had been reviewed at six meetings and that the residents want a cooperative effort, not a lawsuit. He asked Mr. Sanders to contact AT &T and urge them to work with the City to resolve their specific concerns. Leslie Daigle, representing AT &T Wireless and Verizon Wireless, 1111 Bayside Drive, #222, Corona del Mar, submitted the draft ordinance marked with the carriers' comments. She referenced various portions of the document that were ambiguous and confusing, and expressed her willingness to work with the City Attorney and staff to resolve any outstanding issues. Ms. Traffenstedt read a written statement card from Palma Frieny, a Moorpark resident, in support of the draft ordinance. Councilmember Harper stated that the definition of a "minor facility ", on stamped page 9, might limit the City's ability to camouflage or soften the look of the Minutes of the City Council Moorpark, California Paqe 5 January 16, 2002 wall mounted or roof mounted facility. Mayor Pro Tem Mikos concurred. Councilmember Harper agreed that the language regarding signal strength exhibits was poorly worded. He recommended that the results of the field measurements be reported and include all antennas. He further recommended that provisions be included for continual field surveys at reasonable intervals, and a continuing monitoring program to ensure federal guidelines are being met. In response to Mayor Pro Tem Mikos, Mr. Wohlenberg stated that Section 17.42.060(f) was added to provide the City the ability to request one field survey in any 24 -month period at the carrier's expense. In response to Councilmember Harper, Mr. Wohlenberg stated that he would draft language that establishes a fund wherein all carriers would contribute, which would allow the City to hire a consultant to perform independent field surveys, in lieu of a single carrier bearing the expense. In response to Councilmember Wozniak, Ms. Traffenstedt replied that the draft ordinance facilitates the City's desire to have a map indicating the specific location of all equipment in the City. She stated that the Planning Commission will schedule a workshop to pre - identify sites and that it would be a part of the ordinance as an administrative permit process. In response to Mayor Pro Tem Mikos, Ms. Traffenstedt confirmed that the bond referenced in the second bullet on stamped page 42 had been added to the draft ordinance. Mr. Wohlenberg noted that the language appears in Section 17.42.120 (B) of the draft document. In response to Councilmember Wozniak, Mr. Kueny explained that a surety could include a bond, but that it should be a cash type surety, which could be in the form of a letter of credit, a cash deposit with the City or restrictive cash deposit, or a three way agreement between the carrier, City and financial institution. Minutes of the City Council Moorpark, California Paqe 6 January 16, 2002 In response to Mayor Pro Tem Mikos, Mr. Wohlenberg stated that the term surety was used to allow the City flexibility to work with the type of carrier's financial stability. He explained that when there was little confidence in the carrier, the City would want a cash bond, whereas a surety bond would work best for a well- established carrier. Mr. Kueny stated that the language should be improved because it becomes an administrative issue for the City to deal with bond companies and surety issues. Mayor Pro Tem Mikos requested that the legends for the tables in Exhibits A and B appear on each page of the final document to make it easier to follow. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to continue this item with the public hearing open to the February 6, 2002, City Council meeting. The motion carried by voice vote 3 -0, Councilmember Millhouse and Mayor Hunter absent. C. Consideration of Certification of Final Environmental Impact Report (SCH- 1994081075), General Plan Amendment No. 99 -01, Zone Change No. 99 -01, Residential Planned Development No. 99 -02 and Vesting Tentative Tract Map No. 5187, to Develop 250 Single- family Homes on a Portion of a 350 -acre Site, Located on the West Side of Walnut Canyon Road, Approximately 3,500 feet North of Casey Road. Applicant: West Pointe Homes. (Continued Open Public Hearing from City Council meeting of December 19, 2001). Staff Recommendation: 1) At the January 16, 2002, meeting accept public testimony and continue the public hearing to an Adjourned City Council meeting in January 2002; 2) At the Adjourned City Council meeting, take the following approval actions: Adopt Resolution No. 2002 - Certifying the Final Environmental Impact Report (SCH 1994081075) and approving the Mitigation Monitoring Program; Adopt Resolution No. 2002- approving General Plan Amendment 99 -01; Introduce Ordinance No. for first reading adopting Zone Change 99 -01; Adopt Resolution No. 2002- approving Vesting Tentative Tract Map 5187 and Residential Planned Development Permit No.99 -02, subject to conditions of approval, and to become effective upon the effective date of the Zoning Ordinance; and authorize the City Minutes of the City Council Moorpark, California Paae 7 January 16, 2002 Manager to make final editorial corrections to final approval documents to achieve consistency. Ms. Traffenstedt gave the staff report. AT THIS POINT in the meeting Councilmember Millhouse arrived. The time was 7:25 p.m. Vince Daly, West Pointe Homes, Inc., 31304 Via Colinas, #103, Westlake Village, gave the presentation regarding the changes to the redesign of "A" Street. He explained that adjustments were made to the grading of the 84 -foot right -of -way to make the roadway feel more open. He stated that the plan was revised by moving several units without increasing grading or decreasing lot sizes. In response to Councilmember Harper, Mr. Daly stated that the side yard setback requirements are the same even though the lots were made smaller to accommodate the other four lots. In response to Mayor Pro Tem Mikos, Mr. Daly replied that the pad sizes remained the same and the adjustments did not change the lot sizes. He further replied that as a result of more accurate measurements, the lots located near the street were a little larger. In response to Mayor Pro Tem Mikos, Mr. Daly stated that he would provide full disclosure of the earthquake fault in the white report that is given to every homebuyer and that Ms. Traffenstedt has included it in the final conditions of approval. In response to Councilmember Harper, Mr. Daly presented a sample of the hazards report that will be contained in the white report for City Council review. In response to Mr. Kueny, Mr. Daly stated that the 84- foot right -of -way would consist of one 14 -foot travel lane and two 8 -foot bike /emergency parking lanes in each direction, and one 14 -foot landscaped raised median, or four 12 -foot travel lanes. He further stated that next to the curb would be 5 feet of landscape and a 5 -foot sidewalk on either side of the right -of -way. He noted that there would also be a 12- foot multi -use trail and in some cases 20 feet of Minutes of the City Council Moorpark, California Page 8 January 16, 2002 additional area for the proposed "A" street right -of- way. Mr. Kueny stated that was the bare minimum for the south side and noted that little could be accomplished with 10 feet for sidewalk and landscaping. Mr. Daly stated that the only place it would occur is at the drive -in area after the parkway, and added that the sidewalk would be sloped one way or the other. Mr. Kueny stated that the sloped area would provide a better noise buffer for the adjacent homes. In response to Mayor Pro Tem Mikos, Mr. Kueny advised that the City Council should decide on the right -of -way width at this stage in the process. Mr. Brown provided several scenarios that explained why the City Council should request the largest area possible to accommodate the vision of what "A" Street might become. Mr. Kueny concurred and offered Miller Drive in the Carlsberg project as an example of poor street planning and why it was critical to have an exhibit to see what could be done in the 84 -foot right -of -way. In response to Mayor Pro Tem Mikos, Mr. that the project would probably work if could show room for leeway in the form of 4 to 5 feet for landscaping. Mr. Daly ; would look at an additional 5 feet along accommodate 10 feet of landscape area. Kueny replied the applicant an additional ,tated that he "A" Street to In response to Councilmember Millhouse, Mr. Daly stated that he could provide exhibits to Ms. Traffenstedt by Friday morning. In response to Councilmember Harper, Mr. Kueny replied that the exhibits would not result in alternatives that could be analyzed. He explained that he was looking for other points along the south side of the road that were deficient in size for landscaping. He stated that the road would be 62 feet curb -to -curb with a center median at a fixed -point and a 16 -foot lane with an 8- foot emergency lane. He added that if the Council wished to later change to two travel lanes it would simply be a matter of restriping. He further added that the 14 -foot area would be a combination of landscaping and decorative paving, similar to what is seen on Miller Drive. Minutes of the City Council Moorpark, California Page 9 January 16, 2002 Mr. Kueny suggested that the City Council table further action on this item until after Item 9.D. is discussed. CONSENSUS: The City Council determined to table Item 9.C. until after consideration of Item 9.D. D. Consider Adoption of Ordinance for Approval of Development Agreement No. 2001 -01 for West Pointe at North Ranch (General Plan Amendment 99 -01, Zone Change 99 -01, Residential Planned Development 99 -02 and Vesting Tentative Tract Map 5187) on the Application of West Pointe Homes, Inc. (Continued Open Public Hearing from City Council meeting of December 19, 2001.) Staff Recommendation: 1) Continue to take public testimony; and 2) Continue the public hearing open to an Adjourned meeting in January 2002. Mr. Kueny gave the staff report. He stated that the Ad Hoc committee determined that the only item outstanding other than incorporating the language for the photovoltaic requirements was the Affordable Housing component. He reported that the committee was hoping for 25 parcels, but to be fair and equitable to the developer, the City would probably be looking at 20. He explained the breakdown of the 20 homes, ranging from very low to moderate income. He noted that the parcels may not achieve 25 -foot front yard setbacks but they would have 20 -foot driveways and that the City may have to accept 10 -foot rear yards. He concluded by stating that staff was still working out the final details. In response to Councilmember Harper, Mr. Kueny stated that the preliminary estimates were that the selling prices would range from $250,000- $400,000 and that the affordable housing units would sell below current median priced homes. Councilmember Wozniak commented that the second trust deed that the City takes would not be a silent second, which means when the house was sold, the City would still get its money back. He stated that the goal was to keep homeowners in the house as long as possible, which would give the City an opportunity to not lose Minutes of the City Council Moorpark, California Paqe 10 January 16, 2002 out. He noted that this venture was a very creative solution to the affordable housing situation. Mr. Daly stated that the figures could be provided to Mr. Kueny as early as tomorrow morning. In response to Councilmember Wozniak, Mr. Daly replied that he would provide estimates, but that it would be up to the City Council to decide on the buy out figures. Mr. Kueny explained that to build a 1,500 square foot home, the developer would need to sell the unit for approximately $250,000 to break even. He stated that the amount could be lowered to around the $200,000 range. In response to Mayor Pro Tem Mikos, Mr. Kueny stated that the equity share for the moderate - income unit would be restricted to a one -time opportunity. He explained that if the house sells for $265,000 the homebuyer would finance 950, or $230,000, and the City would carry a $35,000 second trust deed. He further explained that if the homebuyer stayed in the home for 20 years, then in 15 years the City would receive the second trust deed plus whatever moderate interest (3- 50) that had accumulated. In response to Councilmember Harper, Mr. Kueny stated that the equity sharing arrangement would probably go past the lifetime of loan. He stated, however, that had not been determined yet and would need to be developed in the housing plan. He explained that the City does not want to create a deterrent and that it was a matter of the City Council's preference. Councilmember Harper stated that he would like to hear a committee recommendation on that matter. Mr. Kueny noted that it would not be apart of the development agreement, but would be in the housing plan and housing agreement required by the development agreement. Councilmember Millhouse stated that there were a variety of creative ideas regarding the affordable housing element, and that he would like to be able to make a decision regarding the project rather than holding off while the City Council discusses other issues. Minutes of the City Council Moorpark, California Page 11 January 16, 2002 MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to continue this item with the public hearing open to the January 23, 2002, Adjourned City Council meeting. The motion carried by voice vote 4 -0, Mayor Hunter absent. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to continue Item 9.C. with the public hearing open to the January 23, 2002, Adjourned City Council meeting. The motion carried by voice vote 4 -0, Mayor Hunter absent. E. Consider the Appeal of Planning Commission Decision on Appeal 2001 -05, Appealing Various Conditions Established by the Director of Community Development for Approval of Administrative Permit No. 2001 -10, to Allow a Second Dwelling Unit at 6086 Gabbert Road. (Applicant: Cindy Hollister) . (Continued Open Public Hearing from City Council meeting of December 19, 2001). Staff Recommendation: 1) Continue the public hearing; accept public testimony; close the public hearing; 2) Adopt Resolution No. 2002 -1932, sustaining the Planning Commission decision to Deny Appeal No. 2001 -05, and further modifying the conditions of approval; and 3) Direct Staff to begin code enforcement action for removal of non - permitted mobilehome within ninety (90) days. Mr. Fiss gave the staff report. Cindy Hollister, a Moorpark resident, commented on the proceedings from the last City Council meeting and stated that she refuted the staff recommendation. She referred to the California Government Code and commented on the laws and codes used by staff to make the determination and staff recommendation. She reiterated that her intent was to provide low -cost housing for her worker and his family. Mr. Wohlenberg explained that state law allows cities to pass some of their own ordinances by a certain date or be governed by state law. He stated that the City passed its own ordinance with respect to second dwellings in a timely manner. He explained that with regard to the age of the mobilehome, the age issue was based on a safety issue, which is governed by state, county, and City laws. Minutes of the City Council Moorpark, California Paqe 12 January 16, 2002 In response to Councilmember Harper, Mr. Fiss stated that the City could allow, by ordinance, any mobilehome of any age and it was also allowed to have more restrictive guidelines. Ms. Traffenstedt stated that the significance of the 1958 date was in changes to the standards of construction of mobilehomes, which were made for health and safety protection as well as for the protection of the inhabitants. She explained that although the code was more restrictive, the City would not want to go backwards. She further explained that the size restrictions were determined by a prior Council, and could be changed again, but that it does not address the concerns of Ms. Hollister. Mr. Wohlenberg stated that if the mobilehome was manufactured after 1958, then it must have a sticker showing that it conforms to the construction requirements at the time it was built. He stated, however, that the City does not have to allow that type, since newly installed mobilehomes must meet the codes in effect as of 1976. In response to Councilmember Harper, Mr. Fiss explained that, prior to the 1976 federal law, there were no consistent standards for manufactured homes. He stated that asbestos was one of the major issues at that time, in addition to flammability, hallway widths, and accessibility. He added that there have been significant health and safety modifications since that date. In response to Councilmember Millhouse, Mr. Fiss replied that a building permit was issued for the original mobilehome on November 18, 1994, and a planning permit issued in January 1994. He explained that the original mobilehome was permitted but a final inspection was never obtained. He stated that the original mobilehome was removed and replaced with the current one prior to November 2, 1999, which was the date that the code enforcement case had been opened. In response to Councilmember Millhouse, Mr. Kueny replied that if the City Council wishes to change the ordinance, than the proper procedure was to forward the matter to the Planning Commission for their review and recommendation. Minutes of the City Council Moorpark, California Page 13 January 16, 2002 Councilmember Millhouse commented on the practical impacts on the applicant and stated his concerns regarding updating the code on a piecemeal or ad hoc basis. Mayor Pro Tem Mikos commented on the circumstances that led to the prior Council decision of the 30o rule, which limits a 40 -acre parcel to a 490 square foot second dwelling unit. AT THIS POINT in the meeting a recess was declared. The time was 8:35 p.m. The City Council meeting reconvened at 8:54 p.m. In response to Mayor Pro Tem Mikos, Mr. Fiss stated that the caretaker and his family would not have to leave the property if the applicant removes the existing mobilehome within 90 days and replaces it within one year. In response to Mayor Pro Tem Mikos, Ms. Hollister replied that the existing mobilehome is a single -wide, 924 square foot unit with three bedrooms and two bathrooms. Mayor Pro Tem Mikos stated that she would be in favor of the staff recommendation if the size of the unit were adjusted. Councilmember Harper stated that he was not willing to violate or ignore a City code and would like the issue of the minimum square footage revisited. He further stated that he would support the staff recommendation with the following minor modification added to the language on stamped page 67, paragraph 2, end of sentence 1: "or the minimum size as fixed by city code at the time the permit is utilized." Mr. Kueny stated that the intent was to avoid having the applicant come back. He explained that changes to the code could take up to 6 months, and in this case, 120 days or more. Councilmember Millhouse recommended that the item be continued to allow staff time to address the issues of Minutes of the City Council Moorpark, California Page 14 January 16, 2002 conflicting procedures before requiring the applicant to do anything further. In response to Mayor Pro Tem Mikos, Mr. Fiss replied that staff was not allowed to inspect the mobilehome when the measurements of the primary dwelling were taken. In response to Councilmember Harper, Mr. Fiss replied that since the existing unit was never permitted, no non - conforming rights would be granted. He noted that staff also had concerns regarding the potentially unsafe unit and the liability to the City. He stated that an inspection is required. In response to Mayor Pro Tem Mikos, Ms. Hollister asked what would be the problem with getting an inspection, as it would allow her the opportunity to fix it to code. Mr. Kueny stated that the intent was to remove the substandard dwelling unit and arrange for a transition period of 90 days. Councilmember Wozniak stated his support of Councilmember Harper's suggestion with acceptance of the staff recommendation as modified. Councilmember Harper clarified that the language for stamped page 67, paragraph 2, sentence 1 should be amended to read as follows: "The maximum size of dwelling unit not exceed that permitted by City code." He requested an additional item to the staff recommendation to refer the minimum square footage issue to the Planning Commission for review and recommendation. Mr. Kueny suggested that the issue regarding square footage should not be part of the motion. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 2002 -1932, sustaining the Planning Commission decision to deny appeal No. 2001 -05, as amended; and direct staff to begin code enforcement action for removal of non - permitted mobilehome within ninety -days. The motion carried by voice vote 3 -1; Councilmember Millhouse opposed, Mayor Hunter absent. Minutes of the City Council Moorpark, California Paqe 15 January 16, 2002 MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to refer the issue of minimum square footage to the Planning Commission for their recommendation. The motion carried by voice vote 4 -0, Mayor Hunter absent. F. Consider Commercial Planned Development Permit No. 2000 -02 for a 2,868 Square Foot Jack -in- the -Box Restaurant with Drive - through Service and a 17,196 Square Foot Two -story Retail /Office Building on Property Located on the South Side of Los Angeles Avenue One Property West of the Southwest Corner of Los Angeles Avenue / Leta Yancy Road, North of the Arroyo Simi, on the Application of Jack -in- the -Box Restaurants and Acres Realty (Assessors Parcel No. 506 -0 -05 -050). Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Consider the Mitigated Negative Declaration and Mitigation Monitoring Plan prepared for the requested entitlements prior to making a decision on the project; 3) Direct staff to prepare a resolution for denial of the project without prejudice for the reasons discussed in the agenda report. Mr. Porter stated that, prior to presenting the staff report, the applicant has requested a 30 -day continuance to obtain traffic studies and more fully review the conditions of approval. He also recommended that the applicant read into the record a waiver of the timeline on the Permit Streamlining Act. Greg Nottingham, Jack -in- the -Box and Acres Realty, spoke on behalf of the applicant and stated that the applicant would agree to a waiver of the timeline on the Permit Streamlining Act and was requesting a 30 -day continuance to review and consider all of the conditions of approval. CONSENSUS: The City Council determined to proceed with the presentation of the staff report. Mr. Porter gave the staff report. In response to Councilmember Harper, Mr. Porter replied that the agreement was created between the property owners and not the City, which makes it difficult for the City to enforce. He further replied that Minutes of the City Council Moorpark, California Paqe 16 January 16, 2002 reciprocal access does exist on the north side of the project; however, new problems have developed from the existing project, with respect to traffic safety issues. Mr. Kueny explained that once the gas station project was laid out, the original traffic patterns did not work. Councilmember Harper stated that the City has defeated the purpose of the reciprocal access by allowing the building on the Mobil property to be situated so as to essentially preclude reciprocal access. In response to Councilmember Wozniak, Mr. Kueny replied that the Planning Commission initially requested additional traffic study and the applicant refused to do so. He stated that it would make no difference if action were taken tonight as opposed to delaying the decision. He noted that the applicant might owe fees for additional staff time spent should this matter be continued. In response to Councilmember Millhouse, Mr. Kueny stated that from an administrative standpoint, the appropriate procedure would be a re- filing rather than conditioning the project because the site plan should be in conformance. In response to Councilmember Harper, Mr. Porter discussed architectural styles on Los Angeles Avenue. Councilmember Millhouse commented that the course of action would be to deny without prejudice. He agreed that the architectural style was a problem, in addition to traffic flow, inadequate landscaping, traffic circulation, and overall incompatibility with the neighboring businesses. Mayor Pro Tem Mikos opened the public hearing. Greg Nottingham, Jack in the Box, 506 Corte Golondrina, Camarillo, applicant, requested the 30 -day continuance to conduct a focused traffic study, and address the issue of architectural style and concerns from the adjacent property owners. He noted that the applicant strongly believes that the original cross access agreement works because the drive - through has a metered flow with every car coming out every 60 -90 seconds. He Minutes of the City Council Moorpark, California Page 17 January 16, 2002 indicated that the applicant would not have a problem starting over if the traffic study proved the contrary. In response to Mayor Pro Tem Mikos, Mr. Nottingham replied that he had not attended the initial Planning Commission meeting, but noted that a traffic study was submitted with the original application a year and a half ago. Mayor Pro Tem Mikos stated that the project has major flaws and that significant progress must be made in obtaining cross access through the Mobil station property. In response to Mr. Kueny, Mr. Nottingham replied that the driveway location would remain as outlined in the design plans with the cross access in front of the buildings along Los Angeles Avenue. Mayor Pro Tem Mikos stated she could understand why the Planning Commission wanted to block off that access due to the traffic volume in that area. She stated that she found it disturbing that the traffic study was requested months ago, and the applicant failed to respond. Mr. Kueny noted that the prior traffic study was focused. He recommended that since the other applicant representatives did not stay for the public hearing, the City Council may want to consider continuing the public hearing to next week, direct the applicant to provide exhibits, and direct staff to prepare a resolution denying the application, with or without prejudice. Councilmember Wozniak stated that he agreed with Mr. Kueny's recommended course of action. He strongly conveyed his dissatisfaction to Mr. Nottingham that the applicant's representatives left the meeting prior to hearing the City Council's deliberations on the request for the continuance. Mr. Nottingham stated that the staff report was not received until yesterday so there was no time to review it. He agreed to convey Councilmember Wozniak's displeasure to all concerned. Minutes of the City Council Moorpark, California Paae 18 January 16, 2002 Councilmember Harper reluctantly agreed to support the one -week continuance. He suggested shifting the Jack in the Box more westerly, and reconfiguring the traffic flow so that the westerly driveway is used. Councilmember Millhouse echoed Councilmember Harper's concern and concurred with his suggestion to relocate the uses of the project to alleviate the traffic flow issues. Mr. Nottingham requested consideration for ten working days rather than one week. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to continue the public hearing open to the January 23, 2002 Adjourned City Council meeting and directed staff to prepare a resolution for denial. The motion carried by voice vote 4 -0, Mayor Hunter absent. G. Consider Dedicating Community Development Block Grant (CDBG) Funds Authorized For Affordable Housing For Program Year 1998 ($12,000) to Administrative Costs For CalHome Mobilehome Rehabilitation. (ROLL CALL VOTE REQUIRED) Staff Recommendation: 1) Open public hearing, accept public testimony, and close public hearing; 2) Authorize $12,000 in CDBG Affordable Housing funds to be designated for CalHome mobilehome rehabilitation program set -up and service delivery fees for approximately 12 mobilehome rehabilitation loans; 3) Limit each borrower's share of the transaction costs of a mobilehome rehabilitation loan to the costs of appraisal and loan processing, not to exceed $750; and 4) Stipulate that loan costs for each CalHome mobilehome rehabilitation loan transaction are to be paid by the CalHome service delivery fee (50 of loan amount); borrower, subject to a maximum amount of $750; and CDBG funds. Ms. Burns gave the staff report. Mayor Pro Tem Mikos opened the public hearing. There being no public speakers, Mayor Pro Tem Mikos closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to: 1) Authorize $12,000 in CDBG Affordable Housing funds to be designated for CalHome Minutes of the City Council Moorpark, California Page 19 January 16, 2002 mobilehome rehabilitation program set -up and service delivery fees for approximately 12 mobilehome rehabilitation loans; 2) Limit each borrower's share of the transaction costs of a mobilehome rehabilitation loan to the costs of appraisal and loan processing, not to exceed $750; and 3) Stipulate that loan costs for each CalHome mobilehome rehabilitation loan transaction are to be paid by the CalHome service delivery fee (50 of loan amount); borrower, subject to a maximum amount of $750; and CDBG funds. The motion carried by voice vote, 4 -0, Mayor Hunter absent. H. Consider Adoption of an Ordinance to Rescind Existin Chapter 15.24 and Replace with New Chapter 15.24, Regarding Flood Damage Prevention. Staff Recommendation: Open the public hearing, take public testimony, and continue the public hearing open to February 6, 2002. Ms. Traffenstedt stated there was no staff report. Mayor Pro Tem Mikos opened the public hearing. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to continue the public hearing open to February 6, 2002. The motion carried by voice vote, 4 -0, Mayor Hunter absent. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Approval of the Re- design of the Retaining Walls for the Los Angeles East Improvement Project (Project 8012). Staff Recommendation: 1) Approve the redesign of the retaining walls to provide for the construction of reinforced concrete soil nailed simulated rock cut wall; and 2) Use existing easement documents and defer preparation of new easement documents unless right -of -way costs exceed the cost of their preparation. Mr. Brown gave the staff report. In response to Councilmember Harper, Mr. Brown stated that the durability of walls was consistent and has been used in Europe since the 19501s. He stated that the types of block walls seen in Camarillo use Minutes of the City Council Moorpark, California Page 20 January 16, 2002 construction fabric and explained the difference between that and the soil nailed wall. Mr. Gilbert stated that the cost estimate for the soil nailed wall appears not to have a cost for landscaping. He explained that the keystone wall has been submitted to the City Council twice; the second time to get directions regarding landscaping. He stated that, if the City Council adopts the staff recommendation, than clarification is needed regarding landscaping with a fabricated fagade. He noted that the soil nailed wall could have a bolder fagade and requested City Council direction regarding landscape pockets. Councilmember Harper stated that landscaping would add relief to the ordinary masonry wall. Councilmember Wozniak concurred. In response to Mayor Pro Tem Mikos, Mr. Gilbert acknowledged that the original application for a keystone wall had landscaping. Councilmember Millhouse stated his preference for the cast concrete detailing of the cantilevered decorated wall as depicted in Exhibit 3 -B. Mr. Gilbert stated that the City Engineer is recommending the soil nailed sculpted retaining wall as depicted in Exhibit 4 -B. Councilmember Millhouse stated his concern that the City would be getting a lot of rock that looks like cheap fake rock. He stated that, if the intent is to provide relief, than the City should spend the money and do it right. Mr. Gilbert pointed out that Exhibit 3 -B does not have landscaping. In response to Mayor Pro Tem Mikos, Mr. Brown replied that, with respect to the soil nailed wall in Exhibit 4 -A, the landscaping could be above the barbed wire fence; however, an estimate was not included in the staff report. He noted that there would be landscaping on the project and that any pattern could be used in the soil nailed wall because the walls are acid etched after the concrete is set and then colored. Mr. Brown stated that staff could build pockets into the concrete wall to accommodate landscaping. He noted that this was not desirable, as that type of design tends to Minutes of the City Council Moorpark, California Paqe 21 January 16, 2002 provide a place for roots to go, however, he indicated that plantings might be found that were less invasive. Mayor Pro Tem Mikos agreed that the sculpted soil nailed wall was more natural than the rock face, but requested some kind of landscaping. Mr. Kueny reminded the City Council that the wall was 27 feet, recommended that the landscaping be above the wall, and advised that the introduction of pockets, regardless of the style, would look artificial. He recommended that staff be directed to restore the native vegetation above the wall and not landscape the first 27 feet. In response to Councilmember Harper, Mr. Brown replied that vines work well with that type of wall, and added that staff would search for natural plantings that use less water. In response to Mr. Kueny, Mr. Gilbert replied that at build out, there is no opportunity for any parkway landscaping to provide some relief to the wall. He explained that the 88 -foot corridor for the four -lane street has a 5 -foot sidewalk from the toe of the wall to the curb, and that the wall is situated in an easement that was just north of right -of -way line. He stated that the street improvements for the four -lane section has a curb five feet north of the line and there was no parkway envisioned in the original plan approved by City Council five or years ago. Mr. Kueny noted that if it was ever built to four lanes then there would be a sidewalk only on one side, which was a decision that could be made later. He further noted that the City Council could plant trees at some point and later decide whether a sidewalk was necessary on both sides. He stated that with very little activity on the north side the need for a sidewalk might be unnecessary and that the City Council might decide to just plant trees. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to: 1) Approve the redesign of the retaining walls to provide for the construction of reinforced concrete soil nailed simulated rock cut wall; 2) Use existing easement documents and defer preparation of Minutes of the City Council Moorpark, California Page 22 January 16, 2002 new easement documents unless right -of -way costs exceed the cost of their preparation; and 3) and Directed staff to explore ways of introducing noninvasive landscaping to soften the appearance of the wall. The motion carried by voice vote, 3 -1; Councilmember Millhouse opposed, Mayor Hunter absent. 11. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to approve the Consent Calendar, except for Item 11.F. The motion carried by roll call vote 4 -0, Mayor Hunter absent. A. Consider Approval of Minutes of Adjourned Meeting of December 20, 2001. Consider Approval of Minutes of Special Meeting of January 9, 2002. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register for Fiscal Year 2001 -2002 - January 16, 2002. Manual Warrants 108095 - 108096 $ 28,325.25 Voided Warrants 106042 & 107095 & $ (841.50) 107910 (Pentamation additional 107983 & 108084 remittance copy) Payroll Liability 107960 - 107968 & $ 11,527.02 Warrants 108085 - 108094 $ 16,632.18 Regular Warrants 107969 - 108083 & $748,940.11 108100 - 108156 & $ 11,499.02 108157 - 108183 $269,785.55 Staff Recommendation: Approve the warrant register. C. Consider Use of Funds Received Pursuant to Memorandum of Understanding with Hidden Creek Ranch LP, North Park Village LP, and Messenger Investment Company. Staff Recommendation: Direct staff to deposit $130,000 of funds received pursuant to the Memorandum of Understanding into the City Hall Improvement Fund. Minutes of the City Council Moorpark, California Paae 23 January 16, 2002 D. Consider Authorizing City Manager to Approve a Professional Services Agreement between the City of Moorpark and California CD Creations, Inc., for the Scanning of City Records to Digital /Electronic Image in the Questys Software Format. Staff Recommendation: Authorize the City Manager to approve the Agreement between the City and California CD Creations, Inc. E. Consider Adjustment to the Hourly Rates Charged for Engineering Services. Staff Recommendation: Approve a 2.7% increase to the rates charged for Engineering Services, effective January 1, 2002. G. Consider Resolution Designating Poindexter Avenue to be a Through Street in the Vicinity of Endeavor Court, and Directing the Placement of a Stop Sign at the Endeavor Court Entrance Thereto. Staff Recommendation: Adopt Resolution No. 2002 -1933. H. Consider Resolution in Support of Proposition 42, a Measure to Restrict the Use of Gasoline Taxes to Transportation Systems Improvements. Staff Recommendation: Adopt Resolution No. 2002 -1934. I. Consider Support for Assembly Bill 1145 Regarding Formation Proceedings for Regional Open -Space District in Ventura County. Staff Recommendation: Support Assembly Bill 1145 and authorize the Mayor to sign letters of support. The following item was pulled for individual consideration: F. Consider an Agreement between the City of Moorpark, and MSE for Regular Monthly Household Hazardous Waste (HHW) Event Participation. Staff Recommendation: 1) Approve the Agreement between the City of Moorpark, and MSE Environmental Inc. for provision of Regional Household and Conditionally Exempt Small Quantity Generator (CESQG) Hazardous Waste Collection Program Services, subject to final language approval by the City Attorney and City Manager; and 2) Authorize the City Manager to execute the Agreement. Mayor Pro Tem Mikos stated that she wanted Moorpark residents to know that the number of days would be increased for disposal of household hazardous waste, Minutes of the City Council Moorpark, California Paqe 24 January 16, 2002 and that this service was available to them. She also stated that additional information was available on the City's website. MOTION: Mayor Pro Tem Mikos moved and Councilmember Wozniak seconded a motion to approve Item ll.F. The motion carried by voice vote 4 -0, Mayor Hunter absent. 12. ORDINANCES: None. 13. CLOSED SESSION: Mr. Kueny announced that the City Council would be going into Closed Session for discussion of one case under Item 13.A., and Items 13.E. and 13.G. Mr. Wohlenberg stated that the facts and circumstances creating significant exposure to litigation for the one case under Item 13.A. consist of a written communication threatening litigation received from AT &T Wireless regarding the proposed Wireless Communications ordinance. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adjourn to Closed Session for a discussion of one case under Item 13.A., and Items 13.E. and 13.G. The motion carried by voice vote 4 -0, Mayor Hunter absent. A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) E. 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 Ave., Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Wayne Colmer Under Negotiation: Price and terms of payment Minutes of the City Council Moorpark, California Page 25 January 16, 2002 G. 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 AT THIS POINT in the meeting a recess was declared. The time was 10:34 p.m. The City Council reconvened into Closed Session at 10:47 p.m. Present in Closed Session were Councilmembers Harper, Millhouse, and Wozniak, and Mayor Pro Tem Mikos; Steven Kueny, City Manager; Bradley Wohlenberg, Assistant City Attorney; Hugh Riley, Assistant City Manager; and Deborah Traffenstedt, Assistant to City Manager /City Clerk and Acting Community Development Director. Mr. Wohlenberg left the meeting at 10:55 p.m., following discussion of one case under Item 13.A. Mr. Riley and Ms. Traffenstedt left the meeting at 11:00 p.m., following discussion of Item 13.E. The City Council reconvened into open session at 11:20 p.m. Mr. Kueny stated that one case under Items 13.A., and Items 13.E. and 13.G. were discussed and that there was no action to report. 14. ADJOURNMENT: Mayor ATTEST: Pro Tem Mikos adjouxne Deborah S. Traffens d City Clerk