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HomeMy WebLinkAboutMIN 2002 0918 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California September 18, 2002 A Regular Meeting of the City Council of the City of Moorpark was held on September 18, 2002 in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Pro Tempore Mikos called the meeting to order at 6:45 p.m. 2. INVOCATION: Pastor Tony Amatangelo, Life Spring Community Church, gave the invocation. 3. ROLL CALL: Present: Councilmembers Harper, Millhouse, Wozniak, and Mayor Pro Tempore Mikos. Absent: Mayor Hunter. Staff present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Ken Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Walter Brown, City Engineer; Sergeant Mike Aranada, Sheriff's Department; John Brand, Senior Management Analyst; Dave Bobardt, Planning Manager; John Hartnett, Recreation Superintendent; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. 4. PLEDGE OF ALLEGIANCE: (Part of Opening Ceremony for Senior Games, Item 5.A.) Vera Sorrels led the Pledge of Allegiance. S. PROCLAMATIONS AND COMMENDATIONS: A. Opening Ceremony for Senior Games. Mayor Pro Tempore Mikos announced the Opening Ceremony for the Senior Games. A brief presentation followed Minutes of the City Council Moorpark, California Paqe 2 September 18, 2002 with comments by Mayor Pro Tempore Mikos and Vera Sorrels. B. Recognize Country Days Logo Contest Winner - Emily Sarpolus. Mayor Pro Tempore Mikos presented a certificate of recognition to Emily Sarpolus. C. City Manager's Monthly Report. Barry Hogan, Community Development Director, gave the monthly report. Mr. Hogan introduced his staff and gave an update on approved projects under construction and projects for which applications are in the review process. 6. PUBLIC COMMENT: Cindy Hollister, a Moorpark resident, discussed the new website, moorparkuncensored.com, which features articles about City Council candidates and issues relating to the City Council, Planning Commission, and Redevelopment Agency, a public service webpage highlighting different businesses, web pages devoted to children and animal friends, and a webpage to voice opinions on the editor's page. Manual Tessia, Moorpark resident, provided a history of his property, which is the subject of Consent Item No. 11.J. He raised concerns about his grading permit application, and requested he be allowed to make improvements to his property. Ron Andrade, a Moorpark resident, stated that Mr. Tessia is a professional engineer. He discussed his civil rights experience and raised concern that staff feels they have unfettered discretionary authority. He requested that the Council resolve this issue and approve the driveway, since there are no code violations, nor is a grading permit necessary. In response to Mayor Pro Tempore Mikos, Mr. Kueny stated that Mr. Tessia admitted to building a retaining wall without a permit. He stated that staff would determine the amount of dirt moved, at which time it can be determined whether a grading permit is needed. Minutes of the City Council Moorpark, California Paae 3 September 18, 2002 In response to Councilmember Millhouse, Mr. Kueny stated that staff informs anyone coming to the counter whether a permit is required. Mr. Hogan stated that plans were submitted in 1999 showing that 90 -cubic yards of dirt would be moved and, as a result, a Zone Clearance was granted by the Planning Department. He stated that the applicants applied for a permit and a plan check was performed, but a final permit was never approved; therefore, the plan check expired. He stated that now the applicant wants to move only 43 -cubic yards of dirt resulting in a difference between the two plans, which needs to be evaluated by staff to determine whether a grading permit is necessary. He stated that the applicant has submitted new plans for the retaining wall and grading. He concluded by stating that if a grading permit is not necessary then one will not be required; however, a permit will be needed for the retaining wall. Mayor Pro Tempore Mikos stated that this item is on the agenda, and that if further discussion is needed, this item should be pulled from the Consent Calendar and discussed at the appropriate time. Diane Galvin, President of Moorpark Rotary Club, thanked the City for its generous contribution towards the Civil War Reenactment Fundraiser, which is scheduled for November 2 -3, 2002. She discussed the planned event and the non- profit organizations that were sponsored as a result of the event last year. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Millhouse requested that Item No. 11.H. be pulled from the Consent Calendar for individual consideration. Mr. Hogan requested that Item No. 11.J. be pulled from the Consent Calendar for individual consideration. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Pro Tempore Mikos announced the Arroyo Cleanup Day scheduled for September 21, 2002, from 9:00 a.m. to 12:00 p.m. at Arroyo Vista Recreation Center. She invited everyone to attend the Country Days celebration on September 28, 2002, 9:30 a.m. to 4:00 p.m., in Downtown Minutes of the City Council Moorpark, California Page 4 September 18, 2002 Moorpark. She further invited everyone to participate in the Relay for Life Fundraiser on September 28, 2002. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:19 p.m. The City Council meeting reconvened at 7:20 p.m. 9. PUBLIC HEARINGS: A. Consider Amending Fiscal Year 2002 -2003 Annual Action Plan of Ventura County Community Development Block Grant (CDBG) Fiscal Year 2000 -2005 Consolidated Plan to Include Theater on High Project; Consider Adoption of Resolution No. 2002- to Apply for Section 108 Loan for Theater on High Project for $500,000 from the U. S. Department of Housing and Urban Development (HUD) for Furnishings, Fixtures and Equipment (FF &E) for the Theater at 45 East High Street and for the Acquisition of 11 -17 East High Street; and Consider Approving Agreement Between City of Moorpark and Janss IV Recreation for Theater on High Project. (Continued with public hearing open from September 4, 2002 meeting.) Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny requested that this item be continued to October 2, 2002, to allow the Budget and Finance Committee time to meet and prepare a recommendation. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to continue the public hearing open to October 2, 2002. The motion carried by voice vote 4 -0, Mayor Hunter absent. B. Consider Zoning Ordinance Amendment Case No. 2002 -04, an Ordinance to Amend Chapter 17.30 of the Moorpark Municipal Code Related to Lighting Regulations. (Continued with public hearing open from August 21, 2002 meeting.) Staff Recommendation: 1) Continue with the open public hearing and accept additional public testimony, and close the public hearing; 2) Adopt Resolution No. 2002 -2001, adopting the Negative Declaration prepared on behalf of Zoning Ordinance Amendment Case No. 2002 -04; 3) Introduce zone change Ordinance No. 286 for first reading. Mr. Bobardt gave the staff report. Minutes of the City Council Moorpark, California Page 5 September 18, 2002 Mayor Pro Tempore Mikos announced that the public hearing was still open. Councilmember Harper stated that he teaches in the astronomy program at Moorpark College and concurs with the staff recommended wording. Mayor Pro Tempore Mikos raised concern about the drop - down lenses and suggested that the ordinance be modified so that they are not used in the areas north of the State Route 118 freeway. Councilmember Harper explained that the problem exists with the bulb itself and not the exposed area below the shield and light fixture, which has been addressed in the staff report. Councilmember Millhouse concurred that staff has addressed the concerns of Moorpark College. In response to Mayor Pro Tempore Mikos, Mr. Hogan stated that a specific plan could address lighting separately; however, the ordinance should remain consistent. Councilmember Wozniak stated that the language in the ordinance allows the City the option of choosing the lighting for a project. In response to Mayor Pro Tempore Mikos, Councilmember Harper stated that there are diverse opinions regarding the lighting problems at the College. He explained that the main concern is the unshielded lighting and the side - lighting on the industrial buildings. Mayor Pro Tempore Mikos closed the public hearing. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to adopt Resolution No. 2002 -2001, adopting the Negative Declaration prepared on behalf of Zoning Ordinance Amendment Case No. 2002 -04. The motion carried by voice vote, 4 -0, Mayor Hunter absent. Mr. Montes read the ordinance by title. Minutes of the City Council Moorpark, California Page 6 September 18, 2002 MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to waive full reading of Ordinance No. 286. The motion carried by voice vote 4 -0, Mayor Hunter absent. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to declare Ordinance No. 286 introduced for first reading. The motion carried by voice vote 4 -0, Mayor Hunter absent. C. Consider General Plan Amendment No. 2002 -03 and Zone Change No. 2002 -03 on the Application of Toll Brothers, Inc. and the City of Moorpark to Amend the Land Use Element, Land Use Map and Zoning Map, in order to: 1) Align Land Use Designations and Zones with Lot Lines in Vesting Tentative Tract Map No. 4928; 2) Allow for a Lot Line Adjustment with an Adjacent Piece of Land for the Development of a Water Tank Site; and 3) Clarify Policy Related to the Separation of Residential Uses from Agricultural Uses. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Adopt Resolution No. 2002 -2002 to adopt the proposed amendments to the General Plan Land Use Element and Map prepared on behalf of General Plan Amendment Case No. 2002 -03; and 3) Introduce zone change Ordinance No. 287 for first reading. Mr. Hogan gave the staff report. Mayor Pro Tempore Mikos opened the public hearing. Craig Messi, representing Toll Brothers, 7142 Trevino Drive, spoke in support of the staff recommendation. Ms. Traffenstedt stated that one written statement card was received from Tamara Husted, a Moorpark resident, in support of the staff recommendation. Mayor Pro Tempore Mikos closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to adopt Resolution No. 2002 -2002, adopting the proposed amendments to the General Plan Land Use Element and Map prepared on behalf of General Plan Amendment Case No. 2002 -03. The motion carried by voice vote 4 -0, Mayor Hunter absent. Minutes of the City Council Moorpark, California Page 7 September 18, 2002 Mr. Montes read the ordinance by title. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to waive full reading of Ordinance No. 287. The motion carried by voice vote 4 -0, Mayor Hunter absent. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to declare Ordinance No. 287 introduced for first reading. The motion carried by voice vote 4 -0, Mayor Hunter absent. D. Consider Minor Modification No. 1 to Tentative Tract Map No. 5181 and Residential Planned Development No. 99 -01 to Modify the Conditions of Approval Pertaining to Drainaqe Matters. Applicant: TR Partners, LLC. (APN 512 -0 -131 -070). Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2002 -2003 approving Minor Modification No. 1 to Tentative Tract 5181 and Residential Planned Development No. 99 -01. Mr. Hogan gave the staff report. Mayor Pro Tempore Mikos opened the public hearing. Patrick Leyden, representing TR Partners, LLC, 4386 Manorview Court, Moorpark, spoke in support of the staff recommendation. Mayor Pro Tempore Mikos closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 2002 -2003 approving Minor Modification No. 1 to Tentative Tract 5181 and Residential Planned Development No. 99 -01. The motion carried by voice vote 4 -0, Mayor Hunter absent. E. Conduct a Public Hearing to Receive Testimony to Update the City's Library Facility Fee and Adopt a Resolution Approving the Revised Library Facility Fee. Staff Recommendation: Open the Public Hearing to receive testimony, close the Public Hearing, adopt Resolution No. 2002 -2004, revising the Library Facility Fee as identified in the Agenda Report to be effective 60 days hereafter, which will be November 18, 2002. Minutes of the City Council Moorpark, California Page 8 September 18, 2002 Ms. Lindley gave the staff report. In response to Councilmember Harper received from Building Industry Lindley stated that all libraries are experiencing deficits. She E target square foot goal for library of Camarillo is 0.75 foot per significantly higher than the City and that the staff recommendation is regarding a letter Association, Ms. in Ventura County : xplained that the space for the City capita, which is of Santa Clarita, justified. In response to Councilmember Harper that the burden is being placed on new construction, Ms. Lindley stated that the City currently collects fees on new development and that staff is requesting that the fee be increased. Mr. Kueny explained that the fee structure is patterned after the police and fire facilities fees and is always collected on new development. He stated that new development is not being asked to carry the burden of existing deficiencies, but only for future population growth. Councilmember Millhouse clarified that the City would still have to generate funds for existing deficiencies. Councilmember Wozniak discussed regional library funding shortfalls and stated that the City has an obligation to service the community. Councilmember Harper stated that book collection space is required regardless of the size of the City, and should be comparable to that of larger neighboring cities. In response to Mayor Pro Tempore Mikos, Mr. Kueny responded that the actual average number of residents per dwelling units is almost 3.4 for single - family residences, but the City is using the lower estimate of 3.04 for the fee calculation. Mayor Pro Tempore Mikos opened the public hearing. Rondi Guthrie, Building Industry Association (BIA), 24005 Ventura Blvd., Calabasas, requested a continuance in order to review the staff report. She Minutes of the City Council Moorpark, California Paae 9 September 18, 2002 stated that only Moorpark has a library fee in Ventura County, and expressed concern about how the fees were calculated, and on the large increase. She noted that the North Park project was not included and felt that the information provided in the staff report was inadequate. Mayor Pro Tempore Mikos explained that if the North Park project goes forward, there would be an increase in population and library needs. She stated that the North Park project is still in the proposal stage; therefore, that project should not be considered in the calculations until after it receives Council approval. She further explained that the staff recommendation is at the lower end of the national average. Councilmember Millhouse expressed concern that the City's library needs may change based on new technology and that the fees may prevent a segment of the population from living here. He spoke in support of continuing this item to the next meeting to address the concerns raised, and to gain some support from BIA. Councilmember Harper stated that the BIA has some valid concerns; however, housing affordability is not an issue, because the fees could be waived under the Affordable Housing Agreements. Mr. Kueny concurred that the Council has the option to consider waiving the fees. Mayor Pro Tempore Mikos commented that fees were negotiated for the Vintage Crest project. She spoke in support of the staff recommendation and stated that the concerns raised by the BIA could be clarified at the staff level. Mayor Pro Tempore Mikos closed the public hearing. Councilmember Millhouse reiterated his support for a continuance based on the concerns raised by the BIA and his concerns regarding cost of housing and the impacts to those that may not qualify. Minutes of the City Council Moorpark, California Page 10 September 18, 2002 MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 2002- 2004, revising the Library Facility Fee as identified in the Agenda Report to be effective 60 days hereafter, which will be November 18, 2002. The motion carried by voice vote 3 -1 -0, Councilmember Millhouse opposed and Mayor Hunter absent. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Proposed Sign Program for Commercial Planned Development Permit No. 2001 -01 (Moorpark Marketplace - 357,621 Square Foot Commercial Center) Located South of New Los Angeles Avenue, East of Miller Parkway and West of the SR -23 Freeway on the Application of Zelman Retail Partners, Inc. (Assessors Parcel Nos. 512 -0- 260 -015, 085 and 105). (Continued from September 4, 2002 meeting.) Staff Recommendation: Approve the Master Sign Program subject to the staff recommended modifications. Mr. Hogan requested that this item be continued. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to continue this item to October 2, 2002. The motion carried by voice vote 4 -0, Mayor Hunter absent. B. Consider Solid Waste Franchise Agreements, and Resolution Rescinding Resolution No. 2001 -1924, Updating Solid Waste Collection Fees for 2003. (Continued from September 4, 2002 meeting.) Staff Recommendation: 1) Approve the City's Franchise Agreements with Moorpark Rubbish Disposal and GI Industries, subject to final language approval by the City Manager and City Attorney; and 2) Adopt attached Resolution No. 2002 -2005, updating the Solid Waste Collection Fees effective January 1, 2003. (ROLL CALL VOTE REQUIRED) Mr. Brand gave the staff report. In response to Councilmember Harper, Mr. Brand replied that the hauler replaces containers if they are damaged by the hauler or a third party. Minutes of the City Council Moorpark, California Paqe 11 September 18, 2002 Mr. Kueny clarified that the hauler would provide a replacement the first time the container is damaged, but would probably charge the resident if it happens repeatedly. In response to Councilmember Millhouse regarding future implementation of a recycling program for commercial properties, Mr. Montes replied that the Resolution addresses several aspects of increasing recycling programs. In response to Mayor Pro Tempore Mikos regarding the super recycler rate, Mr. Brand stated that a resident could pay an additional cost per month for a larger recyclable container and not lose the super recycler rate. Mr. Kueny stated that the option could be clarified as a footnote to the exhibit. Chuck Anderson, representing Moorpark Rubbish, 490 Industrial Street, Simi Valley, responded to Councilmember Harper's question by stating that his policy is to replace the first barrel that is damaged; however, further investigation would be conducted as to the cause or reason for the damage. He noted that typically, the damage is caused by the hauler's equipment. Mike Smith, representative from GI Rubbish, from his seat in the audience, concurred with the statements made by Mr. Anderson. In response to Mayor Pro Tempore Mikos, Mr. Montes stated that no other change is needed except for the City Manager's recommendation to add clarification in the footnote of the exhibit. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to: 1) Approve the City's Franchise Agreements with Moorpark Rubbish Disposal and GI Industries, subject to final language approval by the City Manager and City Attorney; 2) Adopt Resolution No. 2002- 2005, as amended, updating the Solid Waste Collection Fees effective January 1, 2003. The motion carried by roll call vote 4 -0, Mayor Hunter absent. Minutes of the City Council Moorpark, California Paqe 12 September 18, 2002 C. Consider Ordinance to Amend Municipal Code 12.16, Parks, and Adopt a New Park Reservation Fees and Policies Resolution to Limit the Use of Amplified Sound in City Parks and other Use Revisions. Staff Recommendation: Introduce Ordinance No. 288 for first reading, and adopt Resolution No. 2002 -2006. Mr. Hartnett gave the staff report. In response to Councilmember Millhouse, Mr. Hartnett stated that youth sports have separate rules. Mr. Montes read the ordinance by title. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to waive full reading of Ordinance No. 288. The motion carried by voice vote 4 -0, Mayor Hunter absent. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to declare Ordinance No. 288 introduced for first reading. The motion carried by voice vote 4 -0, Mayor Hunter absent. D. Consider Scheduling a Council Workshop to Review and Discuss Design of New Police Services Center. Staff Recommendation: Schedule work session to review concept design recommendations for the Police Services Center for October 9, 2002 at 6:30 p.m. Mr. Riley gave the staff report. Mr. Kueny noted that the workshop would also include a work session on the State Route 23 study that the City Engineer's Office has prepared. In response to Mayor Pro Tempore Mikos, Mr. Kueny stated that this is a Council issue and should not be considered jointly with the Planning Commission. In response to Councilmember Millhouse, Mr. Kueny stated that it would be a public workshop, but would not be televised. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to schedule a work session to review concept design recommendations for the Police Services Center for October 9, 2002, at 6:30 p.m. Minutes of the City Council Moorpark, California Paae 13 September 18, 2002 11. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to pull Items 11.H. and 11.J. for individual consideration, and approve the balance of the Consent Calendar. The motion carried by roll call vote 4- 0, Mayor Hunter absent. A. Consider Approval of Minutes of Regular Meeting of April 3, 2002. Staff Recommendation: Approve minutes as processed. B. Consider Reconsideration of Approval of March 6, 2002, Regular City Council Meeting Minutes and Reconsideration of Vote on July 17, 2002. Staff Recommendation: 1) Reconsider approval of July 17, 2002, Regular City Council meeting minutes; 2) Reconsider vote on July 17, 2002; and 3) Adopt the corrected March 6, 2002 minutes. C. Consider Approval of Warrant Register for Fiscal Year 2001 -2002 - September 18, 2002. Voided Warrant 109788 $ (39.58) 110375 $ (128, 926.55) Regular Warrants 110527 - 110528 & $ 25,599.24 110559 - 110565 $ 105,084.59 Staff Recommendation: Approve the warrant register. D. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - September 18, 2002. Manual Warrants $ 0.00 Voided Warrants 110451 & 110624 $ (95.00) Payroll Liability 110551 - 110558 $ 13,228.90 Warrants Regular Warrants 110529 - 110549 & $ 40,574.14 110566 - 110619 & $ 11,515.92 110620 - 110640 $520,736.12 Staff Recommendation: Approve the warrant register. E. Consider Adoption of a Policy Resolution Regarding Local Government Involvement in the Adel phi Bankruptcy Proceedings. Staff Recommendation: Adopt Resolution No. 2002 -2007. Minutes of the City Council Moorpark. California Paae 14 September 18, 2002 F. Consider Moorpark Soccer Club (MSC) Use Agreement. Staff Recommendation: Approve five -year use agreement with Moorpark Soccer Club (MSC), as submitted subject to final language approved by City Manager and City Attorney and authorize the City Manager to execute the agreement on behalf of the City. G. Consider Resolution Authorizing Access to Sales and Use Tax Records. Staff Recommendation: Approve Resolution No. 2002 -2008, updating the list of City positions that are authorized access to confidential sales and use tax records, and rescinding Resolution No. 95 -1108. H. City of Moorpark General Plan Annual Report including Housing Element Progress Report - September 2001 to August 2002. Staff Recommendation: 1) Receive and file the report; and 2) Direct staff to forward a copy of this report to: Governor's Office of Planning and Research, State Department of Housing and Community Development, and County of Ventura Planning Division. I. Consider California Law Enforcement Equipment Program ( CLEEP) Expenditures. Staff Recommendation: Approve purchase of listed equipment with CLEEP funds. ROLL CALL VOTE REQUIRED J. Consider Issues Relating to 323 Casey Road Regarding Grading, Retaining Walls and Driveway Installation. Staff Recommendation: Receive and file the report. K. A Resolution Designating the Intersection of Millard Street and Roberts Avenue to be a Stop Intersection and Directing the Placement of STOP signs at all Entrances Thereto. Staff Recommendation: Adopt Resolution No. 2002 -2009. The following items were pulled from the Consent Calendar for individual consideration: H. City of Moorpark General Plan Annual Report includin Housing Element Progress Report - September 2001 to August 2002. Staff Recommendation: 1) Receive and file the report; and 2) Direct staff to forward a copy of this report to: Governor's Office of Planning and Research, State Department of Housing and Community Development, and County of Ventura Planning Division. Minutes of the City Council Moorpark, California Page 15 September 18, 2002 Mr. Hogan clarified that the following changes requested by Mayor Pro Tempore Mikos would be incorporated into the report prior to being submitted to the State: • Pg. 272, paragraph that begins "The North Park Village ", 2nd sentence, should read "... would require a General Plan Amendment, and may include an extension of the City's Urban Restriction Boundary, which requires voter approval." • Pg. 273, under "Circulation Element" as part of the S.O.A.R. Measure relative to the Eastern Extension of Broadway Road, add a 2nd paragraph that "would restrict the eastern extension of Broadway Road to serve circulation needs for potential agricultural, open space or recreation uses in the portion of the planning area northeast of the city limits." • Pg. 273, 2nd to last paragraph, last sentence, change "multi- purpose" to "multi- use." • Pg. 274, same paragraph, 5th line down, change "multi- purpose" to "multi- use." Mayor Pro Tempore Mikos noted that the reasoning for the language change to "multi -use" was to improve the City's opportunities for outside funding. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to receive and file the report, as amended, and directed staff to forward a copy of the report to: Governor's Office of Planning and Research, State Department of Housing and Community Development, and County of Ventura Planning Division. The motion carried by voice vote 4 -0, Mayor Hunter absent. J. Consider Issues Relating to 323 Casey Road Regardinc Grading, Retaining Walls and Driveway Installation. Staff Recommendation: Receive and file the report. Mr. Hogan explained that the project started without permits. He stated that the portion of the driveway without the retaining wall requires an encroachment permit. He further stated that focus was placed on the permit process, not civil right issues. Minutes of the City Council Moorpark, California Paqe 16 September 18, 2002 In response to Mayor Pro Tempore Mikos, Mr. Hogan discussed the building permit process, noting that plans are not kept if permits are not issued and plan check expires. Mr. Brown stated he had reviewed the files and the applicant was advised that a grading permit was needed. Councilmember Millhouse stated that the process can be frustrating; however, the City applies the same Code to everyone equally and intends to clarify the confusion with respect to this matter. He concluded by recommending that the City should look at whether the Code should be made more precise Councilmember Harper related his experience with the Code and building improvements to his backyard. Mayor Pro Tempore Mikos commented on her experience when building a new driveway. Mr. Kueny suggested that the Council receive and file the report and refer the matter to Mr. Hogan. CONSENSUS: It was the consensus of the Council to receive and file the report and refer the issues relating to 323 Casey Road regarding grading, retaining walls, and driveway installation to Mr. Hogan to resolve. AT THIS POINT in the meeting, Councilmember Millhouse left the dais. The time was 9:03 p.m. 12. ORDINANCES: A. Consider Ordinance No. 284, A Ordinance of the Cit Council of the City Of Moorpark, California, Approving Zone Change No. 2002 -01 to Change the Zoning Designation from CPD (Commercial Planned Development) to RPD -20 DU /AC (Residential Planned Development 20 Dwelling Units /Acre) for a 9.48 Acre Site (Assessor Parcel No. 506 -0- 050 -185 and a Portion of 506- 0 -050- 475) Located on Park Crest Lane at Park Lane, on the Application of USA Properties Fund. Staff Recommendation: Declare Ordinance No. 284 read for the second time and adopted as read. Minutes of the City Council Moorpark, California Page 17 September 18, 2002 Mr. Montes read the title of the ordinance. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to waive full reading of Ordinance No. 284. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to declare Ordinance No. 284 read for the second time and adopted as read. The motion carried by voice vote 3 -0, Councilmember Millhouse and Mayor Hunter absent. B. Consider Ordinance No. 285, An Ordinance of the Cit Council of the City of Moorpark, California, Adopting a Development Agreement between the City of Moorpark and Vintage Crest Senior Apartments, L.P., a California Limited Partnership (USA Properties Fund, Inc.). Staff Recommendation: Declare Ordinance No. 285 read for the second time and adopted as read. Mr. Montes read the title of the ordinance. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to waive further reading of Ordinance No. 285. The motion carried by voice vote 3 -0, Councilmember Millhouse and Mayor Hunter absent. MOTION: Councilmember Harper moved and Councilmember Wozniak 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, Councilmember Millhouse and Mayor Hunter absent. Mr. Kueny clarified that the motion should have been to adopt Ordinance No. 285, not Ordinance No. 282. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to amend the motion by declaring Ordinance No. 285, not Ordinance No. 282, read for second time and adopted as read. The motion carried by voice vote 3 -0, Councilmember Millhouse and Mayor Hunter absent. 13. CLOSED SESSION: Mr. Kueny announced that Items 13.A. (one case), 13.F., 13.G., 13.H., and 13.J. on the agenda would be discussed in closed session. Minutes of the City Council Moorpark, California Page 18 September 18, 2002 MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adjourn to closed session to hear Items 13.A. (one case), 13.F., 13.G., 13.H., and 13.J. The motion carried by voice vote 3 -0, Councilmember Millhouse and Mayor Hunter absent. The time was 9:05 p.m. A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 511 -0- 050 -270, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and Colin Velazquez Under Negotiation: Price and terms of payment G. 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 Negotiation Parties: The City of Moorpark and Monte Louis Abbath Under Negotiation: Price and terms of payment H. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 506 -0- 042 -015, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and Bert and Placide Curts Under Negotiation: Price and terms of payment J. PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) Title: Administrative Services Director AT THIS POINT in the meeting, the City Council recessed to convene the Moorpark Redevelopment Agency closed session. The City Council reconvened into open session at 9:39 p.m. Mr. Montes announced that the facts and circumstances creating significant exposure to litigation, which facts and circumstances are known to potential plaintiffs, consist of the recent Court of Appeal decision in Rubin v. Minutes of the City Council Moorpark, California Page 19 September 18, 2002 City of Burbank and an injunction barring the Burbank City Council from opening its meetings with "sectarian prayer." Following Mr. Montes's announcement, the Council reconvened into closed session. The time was 9:40 p.m. Present in closed session were Councilmembers Harper, Millhouse and Wozniak and Mayor Pro Tempore Mikos; Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; Joseph Montes, City Attorney; Ken Gilbert, Public Works Director; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. Mr. Gilbert left the closed session at 9:50 p.m. Councilmember Millhouse left the closed session at 10:00 p.m., prior to discussion of Item 13.F. The Council reconvened into open session at 10:06 p.m. Mr. Kueny stated 13.H., and 13.J. report. 14. ADJOURNMENT: that Items 13.A. (one case), 13.F., 13.G., were discussed and there was no action to Mayor Pro Tempore Mikos ATTEST: S L Deborah S. Traffens dt City Clerk