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HomeMy WebLinkAboutMIN 2002 0717 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California July 17, 2002 A Regular Meeting of the City Council of the City of Moorpark was held on July 17, 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 6:47 p.m. 2. INVOCATION: Pastor Tony Amatangelo, from Life Spring Community Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: John Newton, a Moorpark resident and businessman, led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Mikos, Millhouse, and Mayor Hunter Absent: Councilmembers Harper and Wozniak Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Mary Lindley, Director of Community Services; Dana Shigley, Director of Administrative Services; Barry Hogan, Director of Community Development; Walter Brown, City Engineer; Captain Robert LeMay, Sheriff's Department; John Brand, Senior Management Analyst; Nancy Burns, Senior Management Analyst; John Hartnett, Recreation Superintendent; Deborah Traffenstedt, Assistant to City Manager/ City Clerk; and Blanca Garza, Deputy City Clerk. S. PROCLAMATIONS AND COMMENDATIONS: A. Recognition of Moorpark Boys and Girls Club Youth of the Year. Minutes of the City Council Moorpark, California Page 2 July 17, 2002 Mayor Hunter stated that this recognition will be rescheduled to a future City Council meeting. B. Ventura County Fair Poster Presentation. Roger Gibbs, CEO and General Manager of Seaside Park, provided a presentation highlighting the features of Seaside Park and the Ventura County Fair. He presented the Council with a 2002 Ventura County Fair poster. C. City Manager's Monthly Report. Mr. Kueny stated that Hugh Riley, Assistant City Manager, would present the report. Mr. Riley provided an update of various activities occurring within the City including: the design process for the Police Services Center; the continuing design activity for the Fire Station facility and Ventura County Board of Supervisor's approval of the agreement for the property exchange for this facility; the completion of a Request For Proposal (RFP) document for architectural design services for the Public Works and Parks Department corporation yard facility to be located at the end of Fitch Avenue; preparation of an RFP for design services for the new City Hall facility; the acquisition of the Mobilehome Park and initiation of the relocation of the residents; and an application filed with the State by the County of Ventura and by the California Highway Patrol requesting funds to increase the operating hours for the existing State Route 118 truck inspection station west of the City. Mr. Riley reported that Adelphia has filed for bankruptcy, which has halted franchise renewal negotiations and the rebuilding construction of the system; local company officials are hopeful that the rebuilding can resume, which will allow addition of new services to the system; and the City is maintaining a list of incomplete items in the City's right -of -way, to take action if necessary. Mr. Riley also stated that the installation of the new video equipment at City Hall is complete and that Minutes of the City Council Moorpark, California Paae 3 Julv 17, 2002 Government Channel 10 graphics improvements are underway; the City's Building Department is experiencing a marked increase in voluntary compliance by residents relative to Code Enforcement requirements; Country Days event planning is progressing for the scheduled date of September 18; and Southern California Edison has successfully tested a comprehensive notification system to ensure cities will have notice in the event of power outages. In response to Councilmember Millhouse, Mr. Riley stated that traffic signal battery backups to be used in the event of a power outage have been installed, except on the State Highways that traverse the City. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:01 p.m. The City Council reconvened at 7:08 p.m. 6. PUBLIC COMMENT: Pastor Tony Amatangelo, a Moorpark pastor, thanked the City Council and City staff for the July 3rd celebration. Mayor Hunter also complimented City staff on the success of the July 3rd event. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Ms. Lindley requested that Item ll.F. be pulled from the Consent Calendar for individual discussion. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos stated that she wants the Council to consider a future agenda item to discuss modification of the Zoning Code to define more clearly what constitutes a Minor Modification versus a Major Modification and what criteria triggers which type of modification. In response to Councilmember Millhouse, Mr. Kueny recommended that this item be brought to the City Council first for discussion and then forwarded to the Planning Commission, with appropriate direction, if the Council so determines. Minutes of the City Council Moorpark, California Page 4 July 17, 2002 9. PUBLIC HEARINGS: A. Consider the Adoption of Ordinance No. 283, an Ordinance of the City Council of the City of Moorpark, California, Amending the Moorpark Municipal Code by Revising Chapter 3.36, Article III, Section 200, Relative to the Definition of Library Facilities. Staff Recommendation: 1) Open the public hearing, receive testimony, and close the public hearing; 2) Direct the second reading of Ordinance No. 283 and adopt Ordinance No. 283 as read. Ms. Lindley gave the staff report. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no public speakers. Councilmember Mikos stated, for clarification to the general public, that this ordinance does not increase the Library Facilities Fee, but does establish a broader definition of the purposes for which those funds can be expended. She stated that if this ordinance is adopted, it will allow for collected funds to be used for capital improvements as well as for books and will make it easier to improve the library in the future. Mayor Hunter closed the public hearing and requested second reading of the ordinance. Mr. Montes read the title of Ordinance No. 283. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to waive further reading of Ordinance No. 283. The motion carried by voice vote 3 -0, Councilmembers Harper and Wozniak absent. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to declare Ordinance No. 283 read for the second time and adopted as read. The motion carried by voice vote 3 -0, Councilmembers Harper and Wozniak absent. Minutes of the City Council Moorpark, California Paqe 5 July 17, 2002 B. Consider Tax Equity Fiscal Responsibility Act ( TEFRA) Hearing Related to Vintage Crest Senior Apartments (GPA 2002 -01, ZC 2002 -01, RPD 2002 -02), on Application by USA Properties Fund, Inc. Staff Recommendation: 1) Open the Public Hearing and accept testimony from the public; 2) Close the public hearing; and 3) Approve a motion that the TEFRA requirements of the Internal Revenue Code have been met and public comments have been duly recorded. Ms. Burns gave the staff report. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no public speakers. Mayor Hunter closed the public hearing. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded the motion to approve that the TEFRA requirements of the Internal Revenue Code have been met and public comments have been duly recorded. The motion carried by voice vote 3 -0, Councilmembers Harper and Wozniak absent. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Presentation by County of Ventura Elections Staff Reaardina Recruitment of Election Officers. Ms. Traffenstedt introduced Leah Braitman, from the County of Ventura Elections Division, as the presenter for this item. Ms. Braitman explained the process of election volunteer recruitment and thanked the Moorpark volunteers who served during the primary election on March 5, 2002. She stated that Moorpark has eighteen voting precincts and over seventy volunteers are required to staff the polls in these precincts. She stated that an informational presentation is scheduled for August 1, 2002 at 6:30 p.m. at Arroyo Vista Recreation Center for anyone interested in learning more about serving as an election volunteer. Minutes of the City Council Moorpark, California Page 6 July 17, 2002 Mayor Hunter thanked Ms. Braitman for her presentation. B. Consider Landscaping and Fencing Issues Related to Moorpark Country Club Estates, Tract No. 4928, Residential Planned Development No. 94 -01, Conditional Use Permit No. 94 -01. Staff Recommendation: 1) Approve staff recommended alternative for the orchards as indicated in the staff report; 2) Approve staff recommended alternative for the fencing as indicated in the staff report for the west neighborhoods; 3) Allow a maximum of 36 occupancies in Phase 1 before completion or prior to the first occupancy requirements; and 4) Direct staff to meet with Toll Brothers, Inc. to present a recommendation to Council at its August 21, 2002, meeting that resolves the conditions of approval of the RPD and VTM which are tied to occupancy. Mr. Hogan gave the staff report. Mr. Hogan clarified an item that was raised at the previous City Council meeting. He stated that the City had provided some homeowners with grading plans attached to a Zone Clearance that gave the incorrect appearance that the City had approved the fence location as depicted on those plans. He stated that the grading plans were an attachment used solely for the issuance of the Building Permit and not meant to be construed as an approved fencing plan for the project. He stated that in order to avoid this confusion in the future, the City is changing the process so that fencing will not be reflected on plot plans that have been submitted for the purpose of issuing a Building Permit. In response to Mayor Hunter, Mr. Hogan stated that the process required to amend the General Plan Land Use Policy to allow orchards would require the City Council to initiate a General Plan Amendment by Resolution. He went on to state that if the groves are approved, it would be appropriate for the City to clarify the policy for allowing them in order to be consistent with the General Plan and to more fully address the issue of existing and proposed agriculture adjacent to existing and proposed residential development. Minutes of the City Council Moorpark, California Page 7 July 17, 2002 In response to Mayor Hunter, Mr. Hogan stated that staff is not recommending that this occur before occupancy of the lots in this project. In response to Councilmember Millhouse, Mr. Hogan stated that staff is recommending that Lots 1, 2, 3, and a portion of Lot 4 be excluded from the provision for the relocation of the fence below the top of slope, because there are other Phases of development that will occur along Championship Drive and it is intended that all property lines be at the top of the slope to provide for increased noise attenuation and privacy. He continued by stating that if Council concurs with staff's recommendation, this will be consistent with the remainder of the properties along Championship Drive. Councilmember Millhouse stated that this determination would appear to be unfair to the owners of those four lots. He went on to state his concern relative to the timely amendment and recording of the CC &R's so homeowners will receive proper notification and that occupancy will not be delayed because of the amendment and recordation process. Mr. Montes stated that one option would be to compose a proposed amendment to the CC &R's and circulate that to the buyers who have occupancy at issue now. He went on to state that amendments to the CC &R's could be authorized by a majority of the voters in the Homeowners Association, which, at this point, is still Toll Brothers Development. In response to Councilmember Millhouse's concern that the three -foot setback requirement for pools would preclude the infinity -style pools anticipated to be installed at some homes, Mr. Hogan stated that the setback would not preclude installation, but it would make it more difficult; an infinity pool has water sheeting off the top, over a retaining wall into a trough, and then pumped back up into a reservoir; staff is concerned that these pools will be visible from the public side, creating an interruption to the top of the slope; and if an infinity pool installation is possible, the trough would have to be constructed Minutes of the City Council Moorpark, California Page 8 July 17, 2002 away from the top of the slope and buried below grade, as demonstrated at the model home site. In response to Councilmember Millhouse, Mr. Hogan stated that in order for the requirements to be met before the total 95 homes can be occupied in Phase 1, the Council will have to consider the eight conditions; then give staff direction as to which way they want them to be implemented and under what circumstances. He stated that it is staff's intent to suggest that the Council consider those items on August 21St and then direct staff not to withhold the remaining 50 homes from release. Mr. Hogan summarized by stating that a two stage process could be to: 1) recommend the release and occupancy of the homes that currently have zoning clearances and building permits; and 2) between now and August 21St come back to the Council with recommendations on how to meet the conditions for the release and occupancy of the remaining homes. In response to Councilmember Mikos, Mr. Kueny stated that the use of orchards could be included in the revised Landscape Guidelines. He stated that it is important that specific notification be provided to the owners regarding the use of orchards by adding language to the CC &R's. In response to Mayor Hunter, Mr. Hogan stated that Phase I is defined as the 95 lots as shown on the Tract Map on stamped page 20 of the agenda report. In response to Councilmember Millhouse, Mr. Kueny stated that the representations of the developer have been that the fruit trees qualify as an orchard since they are intended to be used as production trees under professional management for harvest of the fruit. Mayor Hunter stated that several speakers have indicated they will be speaking on behalf of others and asked if the Council desires to waive the rules of procedure to allow these individuals more time to speak. CONSENSUS: By consensus, the Council determined to waive the rules of procedure to allow the speakers, who are Minutes of the City Council Moorpark, California Page 9 July 17, 2002 speaking on behalf of a group of citizens, additional time to address the Council relative to this item. Michael Cosenza, a Moorpark resident, addressed the Council on behalf of himself and other Country Club Estates' homebuyers. Relative to the proposed orchard, he stated that the homebuyers are in support of the second alternative as presented on page 4 of the staff report, which states that the Homeowners Association will assume complete responsibility for the maintenance of the orchard. Mr. Cosenza went on to state that the homebuyers, on whose behalf he is speaking, are willing to accept that the Landscape Maintenance District will not include the orchards as long as the contribution to the Special Assessment District by each homeowner is adjusted to reflect the fact that the City is not responsible for this land. Relative to the fence lines, Mr. Cosenza stated that the future homebuyers are not in favor of either alternative presented in the staff recommendation. He stated that another speaker, Ms. Bennett, who also represents the future homebuyers, would present another alternative. Mr. Cosenza continued by asking the City to compromise and allow the complete buildout and occupancy of the entire 95 homes in Phase I. Chris Madrigal, a Moorpark resident, spoke relative to the landscape plans of the Country Club Estates and for the establishment of the orchard. He responded to Councilmember Mikos' concern about the spraying of the fruit trees as a potential concern for homeowners by stating that rather than an application to the foliage, deep -root injections are a commonly accepted method to prevent fruit tree pests and to apply fertilizer to the trees. Mr. Madrigal stated that he has viewed the installation of the deep root irrigation system that has been established on -site and has determined it will encourage deep root growth thus reducing the likelihood of slope failures in the tree planting areas. In response to Councilmember Mikos, Mr. Madrigal confirmed that the landscape guideline document that Minutes of the City Council Moorpark, California Paqe 10 July 17, 2002 he referred to for his evaluation of the site is the Ventura County Landscape Plan Guidelines. In response to Councilmember Mikos, Mr. Madrigal stated that he has not evaluated the use of avocado trees in this area, but if they are planted in this development, he would have the same concerns about appropriate irrigation to establish deep root structure and slope stability. Doreen Bennett, a Moorpark resident, stated her concern relative to individual home perimeter fence line locations. Ms. Bennett stated that, in summary, the homebuyers want the backyard fences of all lots east and west to remain at the property lines below the slopes as previously planned; and requested clarification of the term "other changes" as quoted in the staff report of July 17, 2002, relative to views being obscured. Craig Messi, Senior Project Manager for Toll Brothers, 7142 Travino Drive, stated that the developer agrees with staff's recommendation No. 1 relative to the fences, with the caveat that Lots 2 through 4 should be included and be consistent with the remainder of the development. He went on to state that Lee Newman would address the technical aspects of the orchards for the Council. Mr. Messi provided a history of the past three years of the development of the orchard plans, the architectural guidelines, and the landscaping on the slopes. He stated that the developer agrees that relative to permit issues, they are in support of recommendation No. 2 and would like to see that instituted. Mr. Messi also stated that in regard to the 36 permits currently issued, they would like to be allowed to continue and would also like to be allowed to start construction of the 25 additional homes. He requested the Council's indulgence for permits for the Clubhouse site, the cart tunnel, and the drain that goes across the driving range. Lee Newman, 31300 Via Colinas #104 Westlake Village, landscape architect for the project, presented his Minutes of the City Council Moorpark, California Page 11 July 17, 2002 view of the orchard development and spoke in support of the proposal. In response to Mayor Hunter, Ms. Traffenstedt acknowledged that numerous people have submitted Written Speaker Cards supporting the homeowners comments received this evening. She announced the following names: Keith Palmquist, Sohair Asaad, Maher Asaad, Rick Hansen, Yvette Palmquist, Barrie Mitchell, Joan Mitchell, Michael Politio, Sharon Polito, Joel Bennett, Mike Nix, Joseph R. Granatelli, Ning -Tian Zhang, Gong -jie Zhang, Kim Ritamelo, John Macik, Melissa Nizdil, Chris Pitaniello, Jou Ming Wueste, Allan Wueste, Mary Leyden, Daanish Arasto, Prem Patel, Eric Grable, J. M. Wick, Duc Nguyen, Naseem Arastu, J. J. Wick, David A. Jacobs, Abul Arastu, Bassim Hijaz, Gordon Mazur, Mike Patel, Herb Goldin, Michael Sullivan, Lori Sullivan, Marsha Goldin, Smita Patie, Ebrahim Barati - Marnani, Mary Ellen Cosenza, Mark Carroll, Richard Duran, Andy G. Lean, Susan Duran, Ruth Lean, and Krist Jansen. In response to Councilmember Mikos and Ms. Bennett's inquiries as to what staff meant regarding `other changes ", Mr. Hogan stated that staff was expressing concerns regarding the City's responsibility to maintain the trees in such a manner as to protect views and "other changes" refers to the growth of plant material to be maintained by the Homeowners Association, if the Council so indicates, thus relieving the City from responsibility. Mayor Hunter stated that he believes the City has an obligation to stand by the decisions made, whether right or wrong, since there is no evidence of any threat to the public health, safety or welfare in supporting the location of the fences and the approval for the orchards appears to have been reconfirmed in a letter dated October 16, 2001, written to the applicant by the former Community Development Director, Wayne Loftus. Mayor Hunter requested that the Council take each item under dispute and reach a consensus with specific direction so that the items under dispute do not come back to the Council again. Minutes of the City Council Moorpark, California Page 12 July 17, 2002 A discussion followed between Council and staff regarding the concept of keeping the orchards and focused on: maintenance responsibilities for the slopes going to the Homeowners Association rather than the City's Landscape District; and amending the CC &R' s to include the various disclosures to current and prospective homeowners without holding up occupancy. Mr. Kueny stated that: it is not clear in all areas along Championship Drive, where the City's Landscape District, the individual homeowner, or the Homeowners Association is responsible for the maintenance of the slopes; any future amendments to the delineation of the boundaries of the City's Landscape District would have to come back to the Council for determination; and staff would like to return on August 21St with a determination of the natural breaks in the slopes to have a clear demarcation of these boundaries. MOTION: Mayor Hunter moved and Councilmember Millhouse seconded a motion to: 1) Direct staff to approve the orchards; 2) Toll Brothers will be required to amend and record the CC &R's to include provisions for private maintenance of orchards by the Homeowners Association, subject to the approval of the amended CC &R's by the Community Development Director and City Attorney; 3) a drip irrigation system will be used for all orchard planting; 4) Toll Brothers will be required to amend the Landscape Maintenance District boundaries to exclude all orchard areas; and 5) Toll Brothers will be required to file an application to amend the General Plan Land Use Policy to allow orchards. Councilmember Mikos asked if the motion included a requirement for prospective buyers to sign an acknowledgment that the orchards will be maintained in private ownership by a private funding mechanism AMENDMENT TO THE PENDING MOTION: Mayor Hunter as the maker of the motion, and Councilmember Millhouse as the second, agreed to an amendment to the pending motion to add the following: and 6) Toll Brothers will be responsible for ensuring that for every lot sold there is a disclosure form signed by a prospective buyer acknowledging that the orchards will be maintained in private ownership by a private funding mechanism. The amended motion carried by voice vote 3 -0, Councilmembers Harper and Wozniak absent. Minutes of the City Council Moorpark, California Page 13 July 17, 2002 Mayor Hunter stated that Toll Brothers needed confirmation that they could complete all 95 homes. A discussion followed between the Council and staff which focused on: the placement of the fences, the number of units allowed to be completed, the placement of setbacks for infinity pools; the placement of thresholds on Toll Brothers that do not impact residents currently in escrow or who have deposited fees; whether to tie the fencing issue as an incentive for Toll Brothers to complete the intersection improvements at Grimes Canyon Road and Los Angeles Avenue; and whether, in consideration of safety concerns, to require completion of the intersections at Walnut Canyon Road /Grimes Canyon Road and Championship Drive /Grimes Canyon Road prior to any occupancy. In response to Mayor Hunter, Mr. Messi, stated that the Caltrans permit is expected within the next two days and will need to be followed by a grading permit issued by the City Engineer. Mayor Hunter stated that it is his assertion that now is not the time to consider intersection improvements nor should there be any nexus between the actions at this meeting and those improvements, as this topic is not on the agenda and may even be in violation of the Brown Act. Councilmember Mikos stated that she has concerns about allowing Toll Brothers to move forward with all 95 units, until after the meeting on August 21St due to their past disregard of requirements and numerous violations. Councilmember Millhouse stated he has confidence in Toll Brothers that they will take action to complete the intersection improvements without holding up the occupancy of any of the 95 homes. MOTION: Mayor Hunter moved to: 1) permit the rear yard fences to stay at the previously approved location of 10 to 12 feet below the slope; 2) make no distinction for Lots 1, 2, 3, and 4 in regard to fence location; 3) make no reference to any occupancy with respect to this motion in Minutes of the City Council Moorpark, California Page 14 July 17, 2002 terms of number; 4) establish no change in setback requirements from that permitted by Zoning Code; and 5) direct Toll Brothers to insert language in the CC &R's that states that views are not guaranteed by the City or the developer and may at some point in the future be obscured by mature landscaping or other unanticipated changes. AMENDMENT TO THE PENDING MOTION: Councilmember Millhouse stated he would second the pending motion with the following amendments: 1) that the minimum setbacks be only for the infinity pools and that other structures be prohibited in that area, and 2) that the CC &R's be modified to reflect the maintenance requirements for the 10 -12 foot slope area between the top of slope and the fence line. Mayor Hunter concurred with the amendment to the motion. The amended motion carried by voice vote 3 -0, with Councilmembers Harper and Wozniak absent. A discussion followed between Council, staff, and the applicant regarding whether fencing on Lots 1, 2, 3, and 4 would require staff approved Lot Line Adjustments in order to comply with Council's criteria. The consensus of the Council was to allow the fencing below the top of slope on Lots 1, 2, 3, and 4 if all homebuyers preferred this option, with Toll Brothers to submit an application to amend the lot lines consistent with the requirements of law. Mr. Kueny clarified that staff would not allow pool equipment on the slope. MOTION: Mayor Hunter moved and Councilmember Millhouse seconded a motion that these restrictions apply to the 95 lots currently defined as Phase I and will not preclude occupancy approval. The motion carried by voice vote 2 -1, Councilmember Mikos dissenting, Councilmembers Harper and Wozniak absent. Mr. Kueny clarified that staff will schedule for discussion on August 21St all outstanding items that should have been completed by Toll Brothers prior to first occupancy but were not completed. AT THIS POINT in the meeting, a recess was declared. The time was 9:26 p.m. The Council meeting reconvened at 9:52 p.m. Minutes of the City Council Moorpark, California Page 15 Julv 17, 2002 C. Consider Arroyo Vista Community P. Construction Plan and Scope Recommendation: Approve the draft and scope of work as presented in including under - grounding of the power line. Ms. Lindley gave the staff report. ark Phase II Draft of Work. Staff construction plan the Agenda Report, electrical utility Councilmember Millhouse noted that the construction of the baseball field will impact the use of the soccer fields, which experience dawn to dusk use on Saturdays. He expressed concern that an alternative space needs to be provided for soccer activity prior to the beginning of the baseball field construction. Ms. Lindley stated that there would be very little impact to the AYSO soccer field play, as the City will provide additional soccer field space to accommodate for the fields impacted. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no public speakers. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to approve the draft construction plan and scope of work as presented in the Agenda Report, including undergrounding of the electrical utility power lines. The motion carried by voice vote 3 -0, Councilmembers Harper and Wozniak absent. D. Consider Award of Agreement to Antelope Valley Bus /Coach USA to Operate and Maintain Moorpark City Transit. Staff Recommendation: Accept the proposal from, and award a contract to, Antelope Valley Bus /Coach USA for the operation and maintenance of the City fixed route bus, at the not to exceed amount of $225,515 for the first year, and as proposed in subsequent years, and authorize the Mayor to execute the Agreement subject to final language approval by the City Manager and City Attorney. Mr. Brand gave the staff report. Gerald Goldstein, 11932 Los Angeles Avenue, discussed public transit concerns within the City of Moorpark. Minutes of the City Council Moorpark, California Paqe 16 July 17, 2002 MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to accept the proposal from, and award a contract to, Antelope Valley Bus /Coach USA for the operation and maintenance of the City fixed route bus, at the not to exceed amount of $225,515 for the first year, and as proposed in subsequent years, and authorize the Mayor to execute the Agreement subject to final language approval by the City Manager and City Attorney. The motion carried by voice vote 3 -0, Councilmembers Harper and Wozniak absent. E. Consider Proposed Development Agreement with Vintage Crest Senior Apartments, L.P., a California Limited Partnership. Staff Recommendation: Refer the Development Agreement to the Planning Commission for a public hearing on August 12, 2002, and set August 21, 2002, as the City Council public hearing date. Mr. Kueny gave the staff report. He amended the recommended meeting dates to August 26th for the Planning Commission meeting and September 4th for the City Council meeting. In response to Councilmember Mikos, Mr. Kueny stated that when the Development Agreement is voted to go to the Planning Commission, typographical errors will be corrected, and the issue regarding the life of the project, including the regulatory agreement and the bond, would be clarified to reflect the life of the project, which could be for 100 years. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no public speakers. CONSENSUS: By consensus, the Council determined to refer the Development Agreement to the Planning Commission for a public hearing on August 26, 2002, and set the City Council public hearing date for September 4, 2002. 11. CONSENT CALENDAR: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to approve the Consent Calendar with the exception of Item 11.F., which was pulled from the Consent Calendar for individual consideration. The motion carried by roll call vote 3 -0, Councilmembers Harper and Wozniak absent. Minutes of the City Council Moorpark, California Page 17 July 17, 2002 A. Consider Approval of Minutes of Regular Meeting of August 1, 2001. Consider Approval of Minutes of Regular Meeting of March 6, 2002. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register for Fiscal Year 2001 -2002 - July 17, 2002. Manual Warrants 109737 - 109743 & $ 1,707.36 109852 Voided Warrants 107991 & 108011 & $(2,085.03) 108142 & 108267 & 108976 & 109644 & 109663 & 109665 & 109668 & 109738 & 109739 & 109767 & 109741 - 109743 Payroll Liability 109729 - 109736 $ 13,167.32 Warrants Regular Warrants 109748 - 109851 $397,797.49 Staff Recommendation: Approve the warrant register. C. Consider Adoption of Resolution Amending the Fiscal Year 2001/2002 Budget by Appropriating Older Americans Act (OAA) Grant Funds for Senior Center Capital Expenditures and Lifeline Devices. Staff Recommendation: Adopt Resolution No. 2002 -1990 approving an amendment to the Fiscal Year 2001/2002 Budget by appropriating $18,738 in OAA grant funds for Senior Center capital expenditures and lifeline devices. (Roll Call Vote Required) D. Consider Fiscal Year 2002/2003 Budget Amendment for Repairs to the Community Center. Staff Recommendation: 1) Adopt Resolution No. 2002 -1991, amending the FY 02/03 Budget by appropriating $24,500 from the General Fund Reserve Balance for repairs to the Apricot Room roof drains and Community Center Breezeway; and 2) authorize the City Manager to amend the Agreement with Minutes of the City Council Moorpark, California Page 18 July 17, 2002 Allen Bornstein Construction, Inc. to perform the roof drain work at a cost not to exceed $3,700. (Roll Call Vote Required) E. Consider Authorizing the City Manager to Approve a Two -Year Contract with Videomax Productions, Inc. for Provision of cable Government Channel Production, Operations, Maintenance, and Related Services. Staff Recommendation: Direct the City Manager to approve a two -year agreement with Videomax Productions, Inc., with an approximate 6 percent increase effective July 1, 2002. G. Consider an Agreement Regarding Acquisition of Property between Pardee Homes and the City of Moorpark to Acquire Certain Real Property for Public Street Purposes. (Tentative Tract Map No. 5045). Staff Recommendation: Approve Agreement regarding acquisition of property between Pardee Homes and the City of Moorpark. H. Consider an Agreement Regarding Acquisition of Property between Pardee Homes and the City of Moorpark to Acquire Certain Real Property for Public Street Purposes. (Tentative Tract Map No. 5045). Staff Recommendation: Approve Agreement Regarding Acquisition of Property between Pardee Homes and the City of Moorpark. The following Item was pulled for individual consideration: F. Consider Moorpark Boys & Girls Clubs /Packer Football and American Youth Soccer Association (AYSO) Use Agreements. Staff Recommendation: Approve five -year use agreements with Moorpark Boys and Girls Club /Packer Football and American Youth Soccer Organization, pending any final language changes by the City Manager and City Attorney and authorize the City Manager to execute the agreements on behalf of the City. Mr. Hartnett stated that this item has been pulled to be rescheduled, as AYSO was unable to send a representative to attend this meeting, and they wish to be present to discuss the indemnification clause in the use agreement. Minutes of the City Council Moorpark, California Paqe 19 July 17, 2002 MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded the motion to reschedule this item to August 21, 2002. The motion carried by voice vote 3 -0, Councilmember Harper and Wozniak absent. 12. ORDINANCES: A. Consider Ordinance No. 282, an Ordinance of the City of Moorpark, California, Rescinding Ordinance No. 244, which Adopted Specific Plan Zoning Designations and Development Standards for Properties within Hidden Creek Ranch Specific Plan (Specific Plan 8 /Specific Plan 93 -1) . Staff Recommendation: Declare Ordinance No. 282 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 282. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to waive further reading of Ordinance No. 282. The motion carried by voice vote 3 -0, Councilmembers Harper and Wozniak absent. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to declare Ordinance No 282 read for the second time and adopted as read. The motion carried by voice vote 3 -0, Councilmembers Harper and Wozniak absent. 13. CLOSED SESSION: Mr. Kueny announced that the City Council would be going into Closed Session for discussion of Items 13.B. (ten cases) and 13.C. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to adjourn to closed session for a discussion of Items 13.B (ten cases) and 13.C. The motion carried by voice vote 3 -0, Councilmembers Harper and 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 - 10) C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Minutes of the City Council Moorpark, California Paae 20 Julv 17, 2002 The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO21825) AT THIS POINT in the meeting, the City Council meeting was recessed to convene the Redevelopment Agency closed session. The time was 10:07 p.m. The Council reconvened into closed Present in closed session were Councilmember Millhouse, and Mayor City Manager; Joseph Montes, City Assistant City Manager; and Deborah to City Manager /City Clerk. session at 10:27 p.m. Councilmember Mikos, Hunter; Steven Kueny, Attorney; Hugh Riley, Traffenstedt, Assistant The Council reconvened into open session at 10:55 p.m. Mr. Kueny stated that ten cases under Item 13.B. and Item 13.C. were discussed and that there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned the ATTEST: Deborah S. Traffenste City Clerk