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HomeMy WebLinkAboutMIN 2002 0501 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California Mav 1, 2002 A Regular Meeting of the City Council of the City of Moorpark was held on May 1, 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 6:54 p.m. 2. INVOCATION: Pastor Tony Amatangelo, Life Spring Community Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Councilmember Millhouse led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Wozniak and Mayor Hunter Staff Present: Steven Kueny, City Manager, Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Dana Shigley, Director of Administrative Services; Walter Brown, City Engineer; Captain Robert Le May, Sheriff's Department; Dave Bobardt, Planning Manager; Deborah Traffenstedt, Acting Community Development Director /Assistant to the City Manager /City Clerk; and LaDell VanDeren, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation Acknowledging the Month of May as Veteran's Appreciation Month. Mayor Hunter read the Proclamation and presented it to Councilmember Wozniak on behalf of all Veterans in Moorpark. Minutes of the City Council Moorpark, California Page 2 May 1, 2002 6. PUBLIC COMMENT: In response to Mayor Hunter, Ms. Traffenstedt stated that there is one public speaker who wishes to provide an informational handout to the Council. CONSENSUS: It was the consensus of the Council to waive Rules of Procedure and receive the late information from Ms. Hollister. Cindy Hollister, a Moorpark resident, addressed the Council in regard to correspondence received from the City granting a 30 -day extension for complying with the Municipal Code in locating a travel trailer on her property. She stated that there is confusion on her part as to what plans she must submit to the City in order to comply with the necessary permits associated with her request and whether or not her item should be placed on a future City Council agenda for resolution. In response to Mayor Hunter, Ms. Traffenstedt stated that as a structure, the mobile home is required to have a Zone Clearance and a Building Permit. Ms. Traffenstedt suggested that staff meet with Ms. Hollister to clarify the procedure. Mr. Kueny stated that after meeting with staff and confirming the requirements, if Ms. Hollister is still not satisfied, she could request that her item be placed on the City Council agenda. He also stated that staff will not be requiring anything that is not consistent with Council's previous direction regarding her situation and the Municipal Code. Ms. Hollister agreed to meet with staff as recommended. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:20 p.m. The City Council reconvened at 7:25 p.m. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. Minutes of the City Council Moorpark, California Page 3 May 1, 2002 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos, an Advisory Committee Member on the Santa Monica Mountains Conservancy Board, announced that the city of Moorpark had received a compliment during a recent meeting of the Conservancy Board from a consultant who had worked with the City and found the interaction to be very positive. Councilmember Mikos stated that she and Ken Gilbert attended a Town Hall meeting at Simi Valley City Hall on Saturday, April 27th, hosted by Assemblyman Keith Richmond, M.D., where wastewater treatment and chloride TMDL's were discussed. Mayor Hunter announced upcoming City sponsored teen events. 9. PUBLIC HEARINGS: A. Consider Zoning Ordinance Amendment No. 2002 -1, An Amendment to Ordinance No. 195 "Carlsberg Specific Plan Land Use Regulations and Minor Modification No. 4 to Carlsberg Specific Plan (SP 92 -1), Regarding Lighting Standards, on the Application of Zelman Retail Partners, Inc. Staff Recommendation:l) Open the public hearing, accept public testimony, discuss issues identified in the agenda report, and close the public hearing; 2) Adopt Resolution No. 2002 -1967, approving Minor Modification No. 4 to the Carlsberg Specific Plan, subject to conditions of approval; and 3) Introduce Ordinance No. 280 for first reading, amending Sections 8119 -5.4 and 8119 -6.5 of Ordinance No. 195. Mr. Bobardt gave the staff report. In response to Councilmember Mikos, Mr. Bobardt stated that when Tom Doyle, the City's contract electrical engineer, reviewed the plans, he noted that the difference between a loo and a 15% tolerance in measured foot - candles, as requested by the applicant, would not be perceptible to the eye. In response to Councilmember Mikos, Mr. Bobardt stated that Mr. Doyle stated that it is reasonable to expect some off -site spillover with the 5% differential. Minutes of the City Council Moorpark, California Paqe 4 Mav 1, 2002 In response to Councilmember Millhouse's question regarding whether difference in the lighting variation would be perceptible on a cumulative basis, Mr. Bobardt deferred to the applicant's architect. In response to Councilmember Harper, Mr. Bobardt stated that the PRM2 lighting fixture, which uses a 400 -watt metal halide bulb, is recommended for use in the parking lot. Councilmember Harper requested that the coloration of the lighting be reviewed and expressed a concern about the blue coloration of some lighting in the City. Mayor Hunter opened the public hearing. Brian Wolfe, 111 W. Ocean Avenue, Long Beach, architect for the proposed project, stated that the applicant requested a 15% variance versus a 100 variance because the lighting consultant agreed that 15% is acceptable for the project; the cumulative impact will be extremely difficult for the human eye to perceive; the evenness of the illumination and the ratio of minimum to maximum is better than what the Municipal Code requires; the applicant prefers the metal halide light coloration for shopping centers because it is a true, full spectrum lighting level; and the blue coloration of lights seen elsewhere in the City, is probably produced by mercury vapor lights and not the metal halide lights that are proposed for this shopping center. He stated that Robert Exel, of Zelman Retail Partners, Inc. is available for questions. In response to Councilmember Harper's concerns regarding the temperature of the lighting when it reaches approximately 4,000 Kelvins, Mr. Wolfe stated that he would determine the temperature to make sure it was at 3,000 Kelvins or below, for a more subdued look. Councilmember Mikos agreed with Councilmember Harper's concern about the overall effect of the lighting for the center. Minutes of the City Council Moorpark, California Page 5 May 1, 2002 In response to Mayor Hunter, Mr. Wolfe stated that the light poles will rest on a six -inch base in a landscape planter, which complies with the City's requirements. Mayor Hunter closed the public hearing. Mr. Kueny stated that, if the Council wants staff to address the issue of the light temperature, staff recommends that it be placed in the Minor Modification conditions and the subject can also be addressed during the comprehensive review of the lighting section of the Municipal Code when it comes to the Council for their consideration. Councilmember Harper concurred with this recommendation and stated that the condition should state that the color temperature of the lighting fixtures will be approved by the Planning Director and that this does not need to come back to the Council for approval. Councilmember Harper stated that he would provide an exhibit to staff to guide them in determining the color temperature; the color temperature of light fixtures should be considered as a standard Condition of Approval for all projects in the future; however, to avoid delaying this project, the approval of the color temperature issues could be performed at staff level. Ms. Traffenstedt stated that the Planning Commission has requested that staff present all Chapters on Lighting Regulations to them; staff has presented the specific amendments for this project, in order to avoid delay; the Planning Commission wants to review the entire Ordinance; and the issue of Kelvins would be appropriate for that review, in case additional regulation needs to be incorporated into the Zoning requirements. In response to Mayor Hunter, Councilmember Harper stated that he wants to see the staff -level approval of the color temperature of the lights be included for this project. Minutes of the City Council Moorpark, California Paqe 6 May 1, 2002 Mayor Hunter re- opened the public hearing to hear from Mr. Wolfe. Mr. Wolfe stated that the applicant agrees with the intent of the condition and will comply. Mayor Hunter re- closed the public hearing. Councilmember Mikos expressed concern regarding the 15% variance factor and asked if the Council would consider splitting the difference between 10% and 15% to make it 12.5% variance factor. Councilmember Harper responded by stating that the average human eye cannot distinguish the difference, even if the cumulative effect is increased to 20 %. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2002 -1967 with an additional condition of approval that the color temperature of the light fixtures be measured and the appropriate Kelvin temperature be determined and approved at the staff level. The motion carried by unanimous voice vote. Mr. Montes read the title of Ordinance No. 280. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to waive further reading of Ordinance No. 280. The motion carried by unanimous voice vote. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to declare Ordinance No. 280 introduced for first reading. The motion carried by unanimous voice vote. B. Consider General Plan Amendment No. 2001 -01, Zone Change No. 2001 -01, Tentative Tract Map No. 5307, Residential Planned Development No. 2001 -01 and Variance No. 2002 -01, a request for a Change in Land Use Designation from S (Schools) to VH (Very High Density) Residential, Zone Change from R -2 (Two Family Residential) to RPD 9 Dwelling Units /Acre, a 22 -Lot Single Family Residential Subdivision, and a Variance to Allow an 11.5 -Foot High Sound Wall on Property Located at the Northeast Corner of Flory Avenue and Los Angeles Avenue, on the Application of Colmer Minutes of the City Council Moorpark, California Page 7 May 1, 2002 Development Company. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Consider the proposed Mitigated Negative Declaration to ensure that it adequately addresses the impacts of the proposed residential project prior to approval; 3) Adopt Resolution No. 2002 -1968 approving General Plan Amendment No. 2001- 01; 4) Introduce Ordinance No. 281 for first reading Approving Zone Change No. 2001 -01; and 5) Adopt Resolution No. 2002 -1969 approving Tentative Tract Map No. 5307, Residential Planned Development No. 2001 -01, and Variance No. 2002 -01 subject to conditions of approval, and including modification of TTM Condition No. 80 and deletion of RPD Condition No. 17.c. Councilmember Wozniak stated he would be absent for discussion of Item 9.B., due to a potential conflict of interest pertaining to his employer, the Moorpark United School District, being the property owner. AT THIS POINT in the meeting Councilmember Wozniak left the dais. The time was 7:35 p.m. Ms. Traffenstedt introduced contract planner, Joyce Parker - Bozylinski, who gave the staff report. Ms. Parker - Bozylinski stated that one new condition needs to be added to the project to require the applicant to pay for "No Parking" signs where needed along Flory Avenue. In response to Mayor Hunter, Ms. Parker - Bozylinski stated that the applicant has been provided with a copy of the revised conditions of approval. In response to Councilmember Millhouse, Ms. Parker - Bozylinski stated that the applicant is required to install landscaping and irrigation south of the property line wall in the area not required for street improvements and sidewalk. In response to Mayor Hunter, Mr. Gilbert stated that the existing wall, east of Millard Street, is 10 -feet high. In response to Mayor Hunter, Ms. Parker - Bozylinski stated that proposed maximum 11.5 -foot wall height for this project would be on only a few lots. Minutes of the City Council Moorpark, California Page 8 May 1, 2002 Mayor Hunter opened the public hearing. Wayne Colmer, Colmer Development Company, 5000 Parkway Calabasas, Suite 110, Calabasas, gave an overview of the in -fill project. He stated that For Sale Agreements have been executed with the School District to offer these homes for sale to school employees prior to offering them to the general public; he expressed concerns regarding three of the Conditions of Approval: 1) Condition No. 26 charges a $7,500 fee to prepare an Affordable Housing Agreement, which is inconsistent with what other developers are asked to pay; 2) Condition No. 115 was deleted by the Planning Commission, but still appears in this report; and 3) a revised Condition No. 24, delivered tonight, requires that the same amenities be included in the affordable units as in the market rate units, when there is not enough space to accommodate a fireplace and an indoor laundry room in the affordable units. John Newton, 165 High Street, #103, Moorpark, representing the applicant, discussed his involvement in the project. In response to Council, Mr. Colmer stated that in Condition No. 24, he is only objecting to the requirement for the amenities; the type of wall to be installed along Los Angeles Avenue is split -face, which discourages graffiti, vines will be planted along the wall, and trees will be placed in front of the wall; the affordable units are designed to be architecturally compatible with the market rate units; and he has reviewed all of the other revisions to conditions and is agreeable to them. In response to Mayor Hunter's question regarding the $7,500 fee in Condition No. 26, Mr. Kueny stated that each project is unique; the first project approved, receives the lower fee; and hopefully, the issue can be avoided by reaching an agreement to sell the affordable units to the City, alleviating the requirement for Colmer Development to pay the fee for the Affordable Housing Agreement. He also stated that if the City does not buy the units, the fee is an accurate representation of the cost and should cover Minutes of the City Council Moorpark, California Page 9 May 1, 2002 what it costs the City to prepare the Affordable Housing Agreement. Councilmember Millhouse stated that if trying to encourage affordable housing, c taken on how the developers are charged. would be inclined to move the rate down amount not to exceed whatever cost determines is acceptable. the City is ;are should be He stated he to a maximum the Council In response to Mayor Hunter, Mr. Colmer stated that there should be some way for developers to pool their resources to get the Affordable Housing Agreement done with enough flexibility that each developer can insert the unique characteristics of their project without paying for a whole new agreement. He stated that he would like to see the City come up with a total cost to share among all of the developers. The Council concurred with Mayor Hunter's suggestion that since this is a very difficult piece of property to develop and this is a small project with only three affordable units, it would seem reasonable to charge a fee not to exceed $2,500 for the agreement. Mr. Colmer agreed to that amount. In response to Councilmember Harper, Mr. Colmer stated that the negotiations for acquiring the land adjacent to this project from the Redevelopment Agency, as proposed by the Planning Commission, involves legal resolution prior to moving forward. In response to Councilmember Harper, Mr. Kueny stated that it is in everyone's best interest to work out an arrangement for Colmer Development to purchase the adjacent property; however, there are timing issues, such as the approval time for a revised subdivision map, residential planned development, zone change, and general plan amendment for that property. He confirmed that Mr. Colmer has generously offered to provide his architectural plans for the construction of the additional units in case he is not the builder. Mr. Colmer stated that he has no problem giving the plans to the City; however, there may be a re -use fee due to the architect for his plans. Minutes of the City Council Moorpark, California Page 10 May 1, 2002 In response to Mayor Hunter, Mr. Kueny stated that staff confirms that the Planning Commission did recommend deletion of Condition No. 115. He recommended that the City Engineer provide the reasoning for that deletion. Mr. Brown stated that Condition No. 115 was originally included when the project was to construct a through street connecting Flory Avenue to Millard Street, and there is no longer a reason to require improvements to the storm drain facility. The Council concurred to eliminate Condition No. 115. A discussion among the Council, staff, and the applicant followed regarding the deletion of the fireplace and an inside laundry room for the affordable units as required in Condition No. 24. It was the concurrence of the Council to keep the staff language in the condition for all other amenities, excluding the fireplace and inside laundry room for all three affordable units. Mr. Colmer concurred with those changes. In response to Councilmember Mikos, Mr. Colmer stated that the timeline for starting construction of this project is dependent upon the completion of the Federal Emergency Management Agency (FEMA) Floodplain elevations; and that Catholic Charities would have to move approximately 30 -60 days after that approval. Councilmember Mikos requested that if this item is approved, the Council Ad Hoc Committee should meet soon to explore all of the options available for relocating Catholic Charities. Mr. Kueny requested that the standard Assessment District condition be added to the project, which would require the applicant to form the District and pay a fee prior to selling any of the lots. He stated that the when the wall along Los Angeles Avenue is constructed, it is possible to have a garden wall in front of it; and that a condition will be added, based upon the approval of a Resolution by the City Council, prohibiting parking on the east side of Flory Avenue, Minutes of the City Council Moorpark, California Page 11 May 1, 2002 that the developer will be obligated to post "No Stopping" signs. In response to Mr. Kueny, Mr. Colmer confirmed that they will be redesigning the parking lot where the police station is currently located; and that the two other conditions Mr. Kueny described are acceptable. Councilmember Millhouse, as a member of the Catholic Charities Ad Hoc Committee, stated that the committee is cognizant of the changes taking place. Councilmember Harper stated that the City needs to become involved in the FEMA map issue to expedite the process. Mr. Kueny stated that the County Flood Control District representative, as the official representative dealing with FEMA, has been invited to attend the scheduled joint City Council /Planning Commission meeting to participate in discussion of this issue. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2002 -1968 approving General Plan Amendment No. 2001 -01. The motion carried by voice vote 4 -0, Councilmember Wozniak absent. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to adopt Resolution No. 2002 -1969 approving Tentative Tract Map No. 5307, Residential Planned Development No. 2001 -01, and Variance No. 2002 -01 subject to conditions of approval, including modification of TTM Condition No. 80, deletion of RPD Condition No. 17.c., modifications to RPD Condition Nos. 24 and 26, deletion of RPD Condition No. 115; the addition of the standard Assessment District condition, and the condition to post the "No Parking" signs on Flory Avenue. The motion carried by voice vote 4 -0, Councilmember Wozniak absent. Mr. Montes read the title of Ordinance No. 281. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to waive further reading of Ordinance No. 281. The motion carried by voice vote 4 -0, Councilmember Wozniak absent. Minutes of the City Council Moorpark, California Paqe 12 May 1, 2002 MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to declare Ordinance No. 281 introduced for first reading. The motion carried by voice vote 4 -0, Councilmember Wozniak absent. AT THIS POINT in the meeting a recess was declared. The time was 8:17 p.m. The meeting reconvened at 8:34 p.m. Councilmember Wozniak returned to the dais at this time. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Status Report on Ventura Council of Governments (VCOG) Staffing and Budget Options. (Continued from City Council meeting of April 17, 2002) Staff Recommendation: Continue VCOG Membership. Mr. Kueny gave the staff report. He acknowledged additional information gained from a meeting of VCOG, which was held after the publication of this agenda, and which has been provided to Council. Mayor Hunter stated that he is willing to continue his membership in VCOG, which will meet quarterly; the annual budget will not exceed $76,500; the City's dues will be approximately $3,900; the City of Fillmore has indicated by letter, their intention to withdraw from VCOG; and he intends to closely monitor the City's participation and VCOG's ability to achieve their goals in the next fiscal year. Councilmember Mikos stated that she supports keeping VCOG as a means for discussion of the big picture items in the County; and that having quarterly meetings should be more productive. Councilmember Millhouse stated he is in favor of continuing VCOG membership and would like to see an east county organization formed, which would take local geographic needs into consideration. Mayor Hunter concurred that an east county organization would be beneficial. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Minutes of the City Council Moorpark, California Page 13 May 1, 2002 MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to continue Ventura Council of Government membership. The motion carried by unanimous voice vote. B. Consider Rescheduling of Joint City Council and Planning Commission Meeting. Staff Recommendation: Direct staff to reschedule the joint City Council and Planning meeting for May 8, 2002, at 6:30 p.m. Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. CONSENSUS: It was the consensus of the Council to direct staff to reschedule the joint City Council and Planning Commission meeting for May 8, 2002, at 6:30 p.m. C. Consider Appointment of City Council Ad Hoc Committee for Development Agreement with USA Properties Fund, Inc. (USA). Staff Recommendation: Appoint an Ad Hoc Committee. Mr. Kueny gave the staff report. Councilmembers Harper and Mikos volunteered to serve on the committee. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. CONSENSUS: It was the consensus of the Council to appoint Councilmembers Harper and Mikos to serve on the Ad Hoc Committee for Development Agreement with USA Properties Fund, Inc. D. Consider Recommendation of the Aquatic Facility Ad Hoc Committee to Postpone the Project. Staff Recommendation: Accept the Aquatic Facility Ad Hoc Committee's recommendation to postpone future action on the design of the Community Aquatic Facility. Ms. Lindley gave the staff report. Councilmember Harper, as a committee member, stated that he has discussed the issue with Dr. Walker at Minutes of the City Council Moorpark, California Page 14 May 1, 2002 Moorpark College and that the College is interested in working with the City to develop the aquatic facility. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Mayor Hunter requested this item return to Council as a status report, within 30 -days, to discuss what is learned after meeting with Moorpark College. CONSENSUS: It was the consensus of the Council to postpone future action on the design of the Community Aquatic Facility and to schedule a status report on the discussions with Moorpark College for the first meeting in June 2002. E. Consider Adoption of 2002 Legislative Program. Staff Recommendation: Adopt the 2002 Legislative Program. Mr. Riley gave the staff report. Mayor Hunter stated that he wants to continue an aggressive and proactive Legislative Program as it is a very important vehicle to use to advocate or oppose a particular piece of legislation using the broad topics in the program, which are written in such a way that enables Council to draft letters in a timely manner. Councilmember Mikos stated that she supports the concept of the program. She requested that stress related injuries /illnesses be deleted from Item F. under Labor Relations. Mr. Kueny stated that the wording of Item F. is modeled after the League of California Cities, which puts limits on what can be claimed for stress related issues under Workers' Compensation. Ms. Traffenstedt stated that there are already specific provisions and limits placed on stress related issues pursuant to law; and that the City's Workers' Compensation insurance carrier keeps the City informed of all legal requirements with regard to claims. Councilmember Mikos stated that she was reassured by the explanation on these limits. Minutes of the City Council Moorpark, California Paqe 15 May 1, 2002 Councilmember Mikos stated that she would like wording added to Item B. under Transportation to expand the interpretation by emphasizing local public transit systems, streets and roads, and other transportation facilities or improvements. Mayor Hunter stated that the only problem with being that specific is that the more narrowly the program is written, the more likely staff will have to return to Council for authorization to send a letter. Councilmember Harper recommended expanding the language rather than narrowing it by using the words "local transportation, transportation systems ", which would include mass transit, light rail, etc. Councilmember Mikos concurred with that language. In response to Councilmember Mikos' request to add a clause to Item A. under Environment to ensure continued public participation, Mr. Kueny suggested adding "and maintain public participation ", which would be interpreted as not eroding the public participation that already exists. Councilmember Mikos concurred. In response to Councilmember Mikos' concern regarding reducing or eliminating local government Superfund liability in Item C. under Environment, Mr. Kueny stated that it is not the intent of this item to eliminate culpability, but is related to landfill cases where some cities have been severely impacted. Councilmember Millhouse concurred with Councilmember Mikos' concern on the issue of the Superfund liability and recommended adding the verbiage, "as long as there is no direct local responsibility for violations." Councilmember Wozniak suggested leaving the language in Item C as written since if a party is responsible, they will be named in a lawsuit anyway. Councilmembers Mikos and Millhouse recommended changing the language. Minutes of the City Council Moorpark, California Page 16 May 1, 2002 Mr. Kueny stated that staff looks at these issues with regard to the impact to the city of Moorpark and would not send a letter if the City is not impacted. Mr. Montes stated that the typical area where problems could arise would be in the area of a city's responsibility for providing a trash franchise to pick up the trash and whether the trash is delivered to a proper facility. Councilmember Millhouse stated that there are three categories of Superfund liability where you are either: 1) an owner /operator of a trash site; 2) a generator of trash; or 3) a transporter of trash to the site. He continued by stating that the area of concern is when a city is the owner /operator of a landfill and the liability is at its greatest. The solution would be to insert language for local government "owner /operator" Superfund liability. Mayor Hunter and Councilmember Mikos concurred with that change. In response to Councilmember Mikos' concern that streamlining in Item D under Environment would mean that clean air targets would not be met, Councilmember Harper recommended adding general language reflecting "without jeopardizing clean air quality." Councilmember Mikos concurred. Councilmember Mikos stated that in regard to Local Government Financing, she would like to support legislation that would explore revising the sales tax distribution to help with revenue and better serve the smaller cities. Mr. Kueny stated that he would recommend against that, as it is a subject that should be brought back to Council due to specific impacts where smaller cities would actually be subsidizing large /older cities that may have a more established tax base. Councilmember Mikos stated that exploring other alternatives for improving the city of Moorpark's situation should be a priority. Minutes of the City Council Moorpark, California Paqe 17 May 1, 2002 Councilmember Harper concurred with Councilmember Mikos' recommendation to explore ways of influencing legislators to gain equitable sharing of the sales tax revenues. He cited, for example, the local Assemblyman's request for items to carry forward to Sacramento. Mayor Hunter requested that language in Item M. under Local Government Finance be clarified, by adding after the word authorizes, "a ballot measure to restore." In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. CONSENSUS: It was the consensus of the Council to adopt the 2002 Legislative Program, as amended. F. Consider Report from Zelman Ad Hoc Committee regarding Pylon Sign Height and Location Entry Treatments. Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny stated that the applicant has modified the proposal for the pylon sign, moving away from the off - site sign due to Caltrans restrictions; they are now considering on -site signage at the northeast corner of the site; and the Ad Hoc Committee has requested that the applicant prepare more specific information for consideration at the committee meeting next week. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. CONSENSUS: It was the consensus of the Council not to take action until the Ad Hoc Committee meets with the applicant to consider the new information. 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of October 17, 2001. Minutes of the City Council Moorpark, California Paqe 18 Mav 1, 2002 Consider Approval of Minutes of Special Meeting of April 10, 2002. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register for Fiscal Year 2001 -2002 - May 1, 2002. Manual Warrants 109078 - 109081 $ 12,461.65 109186 - 109191 $ 1,927.52 Voided Warrants 107267 & 108701 & $ (1,363.81) 108861 & 109081 & 109191 & 109207 & 109208 Payroll Liability 109192 - 109199 $ 11,534.25 Warrants Regular Warrants 109082 - 109185 & $ 23,166.36 109200 - 109238 $473,473.62 Staff Recommendation: Approve the warrant register. C. Consider a Reauest for the Release of Sureties for Improvements Associated with Tract 4980, Residential Planned Development No. 98 -06, Specific Plan No. 92- 01. Staff Recommendation: Authorize the City Clerk to release surety #SD00100544 for $34,500.00. D. Notice of Completion for the New Los Angeles Avenue Bridge Widening Project. Staff Recommendation: Accept the work as completed and adopt Resolution No. 2002- 1970. (ROLL CALL VOTE REQUIRED) E. Consider License Agreement with Tri Valley Roller Hockey League. Staff Recommendation: Approve a License Agreement with Tri Valley Roller Hockey League, and authorize the City Manager to execute the Agreement on behalf of the City. F. Consider Plans and Specifications for City Hall Annex Generator Connection and Award a Contract to Venco Electric. Staff Recommendation: 1) Approve the design plans for the City Hall Annex back -up power system; 2) Award a contract to Venco Electric, at a cost not to Minutes of the City Council Moorpark, California Page 19 May 1, 2002 exceed $9,680; and 3) Authorize the City Manager to execute said contract on behalf of the City and approve the use of energy conservation measure monies in the FY 2001/02 budget for the generator project. G. Consider Authorizing the Use of $20,000 in Community Development Block Grant (CDBG) Funds Previously Allocated to the Boys & Girls Club for Roof /Ceiling Repairs to the Club's Teen Center. Staff Recommendation: Authorize the use of $20,000 (FY 2000- 2001), previously allocated to the Boys and Girls Club for window replacement in the gym, for roof and ceiling repairs for the Teen Center. H. Consider Amending Previously Approved California Law Enforcement Equipment Program ( CLEEP) Expenditures. Staff Recommendation: Approve said modifications to the purchasing of the listed equipment with the mentioned CLEEP funds as contained in the agenda report. I. Consider Granting Additional Administrative Leave to Designated Employees. Staff Recommendation: Approve granting of additional administrative leave consistent with the agenda report. J. Consider Approval of Plans and Specifications, Award a Contract, and Adopt a Budget Resolution for the Construction of the Restroom / Concession / Storage Facility at Arroyo vista Community Park. Staff Recommendation: 1) Approve the plans and specifications for the construction of the restroom facility; 2) Award a contract to Tasco Construction, Inc. for $263,538; and 3) Adopt Resolution No. 2002- 1971, appropriating an additional $171,000 to the project from the Park Improvement Fund - Community Zone. (ROLL CALL VOTE REQUIRED) 12. ORDINANCES: None. 13. CLOSED SESSION: Mr. Kueny requested that the City Council go into closed session for discussion of Items 13.A. (one case), 13.B. (one case) and 13.D. Minutes of the City Council Moorpark, California Paae 20 Mav 1, 2002 Mr. Montes announced that t creating significant exposure and circumstances are known consist of the recent Court of Burbank prohibiting sectarian meeting. he facts and circumstances to litigation, which facts to potential plaintiffs, Appeal decision in Rubin v. prayer at a City Council MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adjourn to closed session for discussion of Items 13.A. (one case), 13.B. (one case) and 13.D. The motion carried by unanimous voice vote. 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) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO22256) AT THIS POINT in the meeting, the City Council meeting was recessed to convene the Moorpark Redevelopment Agency closed session. The time was 9:15 p.m. The Council reconvened into closed session at 9:50 p.m. Present in closed session were Councilmembers Harper, Mikos, Millhouse, Wozniak and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; and Deborah Traffenstedt, City Clerk /Assistant to the City Manager. The Council reconvened into open session at 10:16 p.m. Mr. Kueny stated that Items 13.A. (one case) 13.B. (one case) and 13.D were discussed and that there was no action to report. Minutes of the City Council Moorpark, California Page 21 May 1, 2002 14. ADJOURNMENT: Mayor Hunter adjourned the m ATTEST: i Deborah S. Traffenst City Clerk