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HomeMy WebLinkAboutMIN 2002 0821 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California August 21, 2002 A Regular Meeting of the City Council of the City of Moorpark was held on August 21, 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 6:50 p.m. 2. INVOCATION: Pastor Mike Woolley, Community Christian Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Mary Lindley, Community Services Director, 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, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Walter Brown, City Engineer; Captain Robert LeMay, Sheriff's Department; Dave Bobardt, Planning Manager; Paul Porter, Principal Planner; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Blanca Garza, Deputy City Clerk. S. PROCLAMATIONS AND COMMENDATIONS: A. Recognition of Deputy Mike Hartmann, 2001 Moorpark Police Officer of the Year. Mayor Hunter presented Deputy Mike Hartman with a Certificate of Recognition honoring him as 2001 Moorpark Police Officer of the Year. Minutes of the City Council Moorpark, California Page 2 August 21, 2002 Captain LeMay recognized Deputy Hartman's contributions in maintaining the low crime rate in the city of Moorpark. B. City Manager's Monthly Report. Mr. Kueny gave the monthly report. He discussed the State budget deadlock and its impacts on the City's budget; the departure of Dana Shigley, Administrative Services Director and subsequent recruitment process; the successful recruitment of a Budget and Finance Manager; the addition of three staff members in the Community Development Department who will begin work on the backlog of projects; the reduction of speeding on Tierra Rejada Road and Collins Drive as a result of the installation of "speed feedback" signs; the continuing progress to widen Los Angeles Avenue; the pending installation of a second set of restrooms at Arroyo Vista Community Park and the anticipated completion of Phase II of the park by July of 2003; the planning taking place for the City's 20th Anniversary Celebration in July 2003; and the site planning and design of the Moorpark Police Station due to be completed in approximately 24 months. 6. PUBLIC COMMENT: Debra Tash, a Moorpark business owner, spoke about three of her employees living in the Redevelopment area who are having difficulty refinancing their homes due to the City's 50o Burn Down Rule, which influences banks to only want to lend at a commercial rate of 90. She stated that the regular residential rate is only 50, and asked the City to consider the three properties to be exempt from the 500 Burn Down rule. Mr. Kueny stated that a Burn Down policy has been established in every city and county to deal with non- conforming uses; in this case there are residences situated on commercial property; and non - conforming use policies are applied citywide not just in the Redevelopment area. Mr. Montes stated that most cities have a legal Non - Conforming Use Ordinance, and if a prior legal use becomes illegal following a Code amendment, revising development standards, such use is allowed to continue as long as it is not expanded. Minutes of the City Council Moorpark, California Page 3 August 21, 2002 In response to Councilmember Millhouse, Mr. Kueny stated that the reasoning behind the policy is to not perpetuate the non - conforming use. Mayor Hunter directed staff to agendize this matter for the next Council meeting. Colin and Victoria Velazquez, business owners at 601 Moorpark Avenue, Moorpark, read a letter to the Council regarding City Council closed session discussion of the City's attempts to claim their property; and objected to the participation by Councilmember Millhouse in that decision - making, since in his civilian capacity as an attorney, he has recently represented their tenant in a successful lawsuit against them. They requested that Councilmember Millhouse abstain from any further participation in this matter. Gerald Goldstein, a Moorpark resident, spoke about the possibility of building stores in the commercial area with housing above or in the rear; the dangers of Pit bull dogs in his neighborhood; the lack of access to the Animal Control Department in the evenings and on weekends; and the need for more bus stop signs. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Millhouse requested that Items ll.F. and ll.L. be pulled from the Consent Calendar for individual consideration. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter announced the Arts in Park event to take place on Labor Day, Monday, September 2, 2002. Councilmember Harper requested a future agenda item to discuss an appropriate ceremony to recognize the Anniversary of September 11tH Mr. Kueny suggested discussing this request at a Special meeting on August 27, 2002. Minutes of the City Council Moorpark, California Paae 4 Auqust 21, 2002 9. PUBLIC HEARING: A. Consider Industrial Planned Development Permit No. 2000 -10, a Request to Construct an Approximately 113,994 Square Foot Mini - Warehouse /Office Building on a 112,184 Square Foot Parcel Located at 875 Los Angeles Avenue, at the Northwest Corner of Los Angeles Avenue and Goldman Avenue, on the Application of Asadurian Investments (Assessor Parcel No. 511- 0 -070- 55) . Staff Recommendation: 1) Open the public hearing, accept public testimony, and continue the public hearing to October 16, 2002; 2) Appoint a Council Ad Hoc Committee and direct the Committee and staff to negotiate a proposed Development Agreement for Council consideration on or before October 16, 2002; and 3) Direct the applicant to prepare revised plans at a floor area ration (FAR) of 0.76 and provide parking /loading adjacent or nearby the ground floor units and bring back those plans for consideration of approval by the Council with the proposed Development Agreement. Mr. Hogan gave the staff report. In response to stated that the based on the staff agree determination use warrants issue for the revenue issue. Councilmember Millhouse, Mr. Hogan .76 FAR ratio recommended by staff is one used in the A -Z Storage facility; s with the Planning Commission's that the intensity of the mini - warehouse the higher ratio; and that the primary Ad Hoc Committee would be to address the Mr. Kueny stated that the Ad Hoc Committee would also be considering exceeding the General Plan requirement of the .38 FAR. In response to Mayor Hunter, Mr. Kueny confirmed that the A -Z Storage facility with .76 FAR and the industrial building to the north with .48 FAR were constructed prior to the 1992 General Plan Update; and the Jiffy Lube with .28 FAR was constructed after the 1992 General Plan Update. In response to Mayor Hunter's concern that there is not enough room to close the gate behind trucks Minutes of the City Council Moorpark, California Page 5 August 21, 2002 accessing the property, Mr. Hogan stated that staff does not feel the plan adequately addresses the issue of enabling trucks to park as close to storage units as possible for easy loading and unloading without blocking the fire lane. In response to Mayor Hunter, Mr. Porter stated that currently, the plan is for 600 storage units; however, that number may change based on market demand. In response to Council, Mr. Hogan stated that the number of units can vary based upon their size; that staff has not done a study of the vacancy rate of other storage units in the City; however, the applicant has provided information indicating that most units are already leased; that there was concern on the part of the Planning Commission that the starker elevations be positioned out of the public view; the foam articulation on the exterior is protected by tubular steel; and embellishment of the tubular steel could be considered if the Council so directs. Mayor Hunter opened the public hearing. Greg Call, consultant from Storage Works, 17805 Skypark Circle, Suite E, Irvine, representing Asadurian Investments, stated he was available for questions. In response to Council, Mr. Call stated that his company performed a feasibility study for Asadurian Investments and an additional study, as directed by the Planning Department, in regard to the demand for storage units; the studies indicate a demand for additional storage units in the City; that the effect of changing the FAR would reduce the net rentable square footage of the project; that he concurs with the Planning Commission's decision that a reduction is not necessary; the current FAR complies with all fire regulations insuring that fire trucks can pass freely on site; the Planning staff indicated that they were comfortable with the FAR; and the applicant is willing to comply with any fire regulations that address public safety. Minutes of the City Council Moorpark, California Page 6 August 21, 2002 Mr. Hogan stated that as the newly appointed Community Development Director, he was not involved in any detailed analysis of the project until recently; the applicant is correct that the project does meet the turning radius required by the fire department; however, the plan assumes that no vehicles will be allowed inside to offload materials, when in reality, that seems not to be the case; and that he is concerned about the FAR. In response to Mayor Hunter, Mr. Kueny gave the history on the General Plan FAR. He expressed concern regarding how diligent parking enforcement would be within the storage project. Councilmember Harper stated that it is reasonable to assume that no one will move materials by hand - truck; renters will drive up to their storage unit to offload from their vehicle; therefore the aisles have to be wide enough to accommodate emergency response vehicle as well as other vehicles. In response to Councilmember Harper, Mr. Call stated that to improve the view of the project from Los Angeles Avenue, the elevations could be redesigned to more closely resemble apartment buildings. In response to Councilmember Mikos, Councilmember Millhouse, who had watched the Planning Commission meeting, stated that Commissioner Parvin's negative vote for this project was generated by her concern that this project would generate very few jobs for the City, as opposed to some other type of industrial development. Councilmember Mikos stated that she supports the formation of an Ad Hoc Committee; she does not believe people will want to hand -truck their belongings to the storage units; that blocking the aisles with trucks off - loading goods will be a safety hazard; and she concurs with Councilmembers Harper and Wozniak that the .76 FAR level will create a dangerous situation, which she could not support. Ken Carren, project architect, 24338 E1 Toro Road, Suite E -217, Laguna Woods, in response to Council, stated that reducing the FAR would not necessarily Minutes of the City Council Moorpark, California Paae 7 Auqust 21, 2002 affect the drive aisle width, as he could eliminate the entire second story of Building A to bring the project into compliance with the FAR; the facility has been designed to accommodate a hook and ladder fire vehicle along with another vehicle in the drive aisle; the intensity of use would only be approximately 5 car trips per hour; it would be very uncommon that two vehicles would be in the drive aisle at the same time; the applicant is not concerned that a fire truck would be unable to get through; the City Engineer has already required the widening of the aisles to his satisfaction; and the design of the project is more commercial than residential in style. In response to Councilmember Mikos, Mr. Carren stated that the entire drive aisle is a fire lane. In response to Councilmember Mikos, Mr. Brown stated that staff's initial concern was that there be sufficient stacking room in the driveway for a large vehicle, such as the largest rental truck, to wait at the gate before gaining access to the storage unit; subsequent investigation showed that larger, eighteen - wheeled tractor trailers frequently visit these storage facility sites and are driven by professional drivers who would have the experience to know to park parallel in the street prior to accessing the site; and that the drive aisle widths were reviewed for turning radii for eighteen- wheeled trucks, not for fire response vehicles, as that was left to the Fire District to determine. In response to Councilmember Mikos, Mr. Hogan stated that the minimum width required for a fire lane is 24- feet; the drive aisles for this project are 30 -feet wide; and to expect vehicles to park in the remaining 6 -feet, is unrealistic. He indicated that the Fire Department would find parking in the lane to be illegal; and this issue did not come up when the Planning Commission considered the project. In response to Mayor Hunter, Ms. Traffenstedt stated that there is one Written Statement card opposing the project and a letter opposing the project from A -Z Storage. Minutes of the City Council Moorpark. California Paae 8 August 21, 2002 Councilmember Millhouse stated that there appears to be a genuine demand for an additional storage facility and it would be beneficial to have an Ad Hoc Committee work with the applicant on alternatives to widening the drive aisles, such as installing fire sprinklers, and to discuss enhancements to the architecture. Councilmember Harper concurred with Councilmember Millhouse that enough issues have been raised to warrant the formation of an Ad Hoc Committee; and that there appears to be a need for additional storage units in the City, as he has visited the owner of A -Z Storage and learned that he plans to expand the facility off -site. Councilmembers Millhouse and Wozniak volunteered to serve on the Ad Hoc Committee to work with the applicant on the issues. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to: 1) Continue this item with public hearing open to October 16, 2002; and 2) Approve the appointment of Councilmembers Millhouse and Wozniak to an Ad Hoc Committee to meet with staff to negotiate a proposed Development Agreement with Asadurian Investments for Council's consideration on October 16, 2002. The motion carried by unanimous voice vote. B. Zoning Ordinance Amendment Case No. 2002 -04 Consider an Ordinance to Amend Chapter 17.30 of the Moorpark Municipal Code Related to Lighting Regulations. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) adopt Resolution No. 2002- , to adopt the Negative Declaration prepared on behalf of Zoning Ordinance Amendment Case No. 2002 -04; and 3) introduce Ordinance No. , for first reading approving Zoning Ordinance Amendment Case No. 2002 -04. Schedule second reading and adoption for September 4, 2002. Mr. Bobardt gave the staff report. In response to Councilmember Mikos, Mr. Bobardt stated that he is not aware of the recommendations proposed by Moorpark College astronomers during the Hidden Creek hearings; low pressure sodium lighting is favored by most astronomers because it is at a low Minutes of the City Council Moorpark, California Page 9 August 21, 2002 band width, making it easy to filter out; and the new standards do not take into consideration what was specifically recommended by Moorpark College for their observatory. Councilmember Mikos stated that it would seem that it would be important to have the recommendations of the astronomers from Moorpark College taken into consideration for the new standards. Councilmember Harper stated that as a member of the Astronomy Department at Moorpark College, he could look into the matter; the Dark Sky Initiative website promotes criteria for installing astronomically friendly outdoor lighting and encourages the use of low pressure sodium lighting; unfortunately the light generated by this type of lighting is an ugly, bright, yellow- orange color; the proposal in the staff report encourages the use of filters on telescopes that eliminate this light; another criteria promoted by the Dark Sky Initiate is for shielding on light fixtures to eliminate light scatter upward and direct the light downward, which is also mentioned in the staff report; and it might be beneficial for the College to make comments on that section of the Ordinance before it is adopted. In response to Council, Mr. Bobardt stated that the rationale behind the prohibition of laser lights came from input obtained from the Dark Sky Association's model lighting ordinance, which also prohibits search lights pointed skyward; any use of laser lights requires a federal permit; it was staff's intention that the prohibition of laser lights would be for an on -going use not a special one -time event for which a permit would be issued; and that if proper permits were obtained for a laser light show there would be no violation. Councilmember Harper stated that companies that put on laser light shows do obtain the proper permits and follow FAA regulations so there is not much of a problem to the observatories; and allowing laser light shows with a temporary use permit would seem appropriate. Minutes of the City Council Moorpark, California Page 10 August 21, 2002 In response to Councilmember Harper's concern regarding what guidelines staff will use to judge the appropriate color temperature of lighting, Mr. Bobardt stated that staff will be making a judgment call on a case by case basis, between the use of metal halide lights with a bluer color tone where color rendition is important, for example at an auto sales lot where distinguishing the color of the vehicles is important, and the use of high pressure sodium lights with a pinker color tone where warm colors are used to highlight architecture. In response to Councilmember Millhouse, Mr. Bobardt stated that the code was amended to alleviate the need for staff to test a site, since a photometric plan is required for all commercial, industrial and residential projects, which reveals the light candles on a grid for every 10 -, up to 25 -feet; however, the light meter is a still a good tool for Code Enforcement to use to test for light spill -over. In response to Councilmember Mikos, Mr. Bobardt stated that the proposed change to the standard is for 950 of the grid points on the photometric plan to comply with the maximum 7 -foot candles, as opposed to the current standard of 100 %; and the Ordinance is written to require enforcement of whichever are the stricter standards, the current standards or standards to be adopted by the State in 2005. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Millhouse Harper seconded a motion to: 1) public hearing open to September staff to request Moorpark C011E provide comments on the draft carried by unanimous voice vote. 10. PRESENTATION /ACTION /DISCUSSION: moved and Councilmember Continue this item with 18, 2002; and 2) Direct !ge staff to review and Ordinance. The motion A. Consider American Youth Soccer Organization (AYSO) Use Agreement. Staff Recommendation: Approve five -year use agreement with American Youth Soccer Organization, as Minutes of the City Council Moorpark, California Paae 11 Auqust 21, 2002 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. Mr. Hartnett gave the staff report. Mr. Montes stated that he concurs that the Hold Harmless Clause is appropriate, consistent with past practices, and is authorized by current prevailing law in the State of California. Councilmember Millhouse recommended deleting the word "sole" in the Indemnification Clause, to reflect a comparable negligence standard between the AYSO and the city of Moorpark. Tom Bradford, Regional Commissioner for AYSO, 13760 Donnybrook Lane, Moorpark, stated that the Indemnification Clause should reflect mutual indemnification; the prevailing principles in the State of California are comparative negligence; and any other arrangement would be unjust and inconsistent with California law. He continued by stating that the City should consider reducing the fees for rentals as for years AYSO has provided this consideration for over 200 Moorpark children. In response to Councilmember Millhouse, Mr. Bradford stated that AYSO Board meetings cost approximately $20 -30 an hour, the meetings last about 2 hours, and are held 20 times per year. In response to Councilmember Mikos, Ms. Lindley stated that the City has not had any instance where they have been held liable in any of the City parks; the City charges the major youth sports organizations only $1.00 to use the park playing field; when a group is using a City park, there is the concern of increased liability; and that the normal charge for using a field is $10.00 per hour. In response to Mayor Hunter, Ms. Lindley stated that this is the same Indemnification that the Moorpark School District signs when they use City playing fields. Minutes of the City Council Moorpark, California Paae 12 Auqust 21, 2002 In response to Councilmember Harper's concerns about the sole negligence clause, Mr. Montes stated that when a City -owned and maintained sports facility is used by a non -City sports program, at virtually no cost to that program, it would be standard to try to minimize the City's liability to the greatest extent possible. If the word "sole" is removed from the contract, the typical result would be that when an injury occurs and a lawsuit results, the City could end up in a dispute with the other party over the cost for defense and may ultimately, have to pay those costs. In response to Councilmember Harper's inquiry regarding how the cost of insurance for AYSO is affected by leaving the language in tact, Mr. Montes stated that the clause is not limited to the cost of insurance and AYSO may have additional concerns. Councilmember Millhouse stated that AYSO can name the City as additional insured under their policy and the insurance company would provide the defense. Mr. Montes stated that the insurance company could dispute whether they should pay the cost for the defense unless it is clear in the agreement which entity will pay for the defense. Councilmember Millhouse stated that the insurance coverage for negligence on the part of the policy holder would require that the insurance company provide a defense; the potential that the City would be responsible for the cost of defense is remote; and the fact that the City only gains $1.00 a year from this agreement is offset by the intangible benefits of a low crime rate in the community, which can be attributed in part, to giving the 2,000 or more AYSO participants something constructive to do with their time. He went on to state that he would be willing to discuss staff's concerns regarding the fees as part of a committee discussion or as a separate agenda item. In response to Councilmember Mikos, Ms. Lindley stated that she does not recall a recent change to the fee schedule for non - profits. Minutes of the City Council Moorpark, California Page 13 August 21, 2002 Councilmember Harper stated that the fee the City is charging for the use of a meeting room seems high; and staff may want to do a comparable study of what the Moorpark Unified School District and Moorpark College charge non - profit organizations for the use of their meeting rooms. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to: 1) Approve five -year Use Agreement with American Youth Soccer Organization, with a change to the indemnification language to delete the word "sole" and that the final language be subject to approval by the City Manager and City Attorney; and 2) Authorize the City Manager to execute the Agreement on behalf of the City. In response to Councilmember Harper, Mr. Montes stated that by removing the word 'sole" from the Indemnification Agreement, the City's insurance is protected up to $1 million for each occurrence. He further stated that it would not be his preference to include "mutual indemnification ". Councilmember Harper stated that the coverage seems adequate for most broken legs and he is comfortable supporting the motion. In response to Mr. Kueny, Mr. Montes stated that he would concur with the removal of the word "sole "; however, he would not be in favor of including "mutual indemnification ". In response to Councilmember Mikos, Mr. Kueny stated that the long term impact of removing the word "sole" cannot be known until there is an accident; the City does its best to maintain the parks in a safe manner; and the organizations using the parks are assisting as they can. The motion carried by unanimous voice vote. In response to Councilmember Millhouse, Mayor Hunter requested that the Parks and Recreation Commission look into the issue of the fee structure for organizations in the community with consideration given to reducing fees charged to non - profits. Minutes of the City Council Moorpark, California Page 14 August 21, 2002 B. Discussion of Traffic Issues on Cedarpine Lane. Staff Recommendation: Direct staff as deemed appropriate. Mr. Gilbert gave the staff report. Councilmember Mikos stated that as members of the Transportation and Streets Committee, she and Councilmember Millhouse do not agree on the three -way stop at the corner of Cedarpine and Deering Lanes. She indicated that she opposes the stop signs as they will create more of a problem and seem inappropriate. Councilmember Millhouse stated that a variety of methods to control speed on Cedarpine Lane have been tried and been unsuccessful; staff's recommendation for continued enforcement and public educational outreach efforts is not feasible due to lack of available resources within the Moorpark Police Department; and he sees the stop signs as the only alternative. Councilmember Harper stated that he lives near a similar situation and he would not advocate placing a stop sign at the exit of a cul -de -sac. Councilmember Millhouse stated that the neighbors in the area want the stop sign and regardless that this is not a common practice, he feels there is not a downside to placing this one stop sign. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Mayor Hunter stated that the risk is greater if the stop sign is not in place; and he concurs with Councilmember Millhouse that with the downhill speed, curve, and volume of Cedarpine Lane traffic at Deering Lane, the stop sign is warranted. MOTION: Councilmember Millhouse moved and Mayor Hunter seconded a motion to return to Council on September 4, 2002, with a Resolution for the installation of a three -way stop at the intersection of Cedarpine and Deering Lanes. The motion carried by vote 4 -0, with Councilmember Mikos abstaining. Minutes of the City Council Moorpark, California Page 15 August 21, 2002 AT THIS POINT in the meeting a recess was declared. The time was 9:16 p.m. The meeting reconvened at 9:40 p.m. C. Consideration of Remaining Outstanding Issues - Toll Brothers (Moorpark Country Club Estates). Staff Recommendation: 1) Direct the applicant to file the Minor Modifications and direct the Community Development Director to approve the modifications as indicated; 2) Direct the second amendment to the Settlement Agreement, subject to final language approval by the City Manager and City Attorney, and authorize the Mayor to execute said second amendment; and 3) Direct staff not to issue additional building permits until Toll files the Minor Modification and second amendment to the Settlement Agreement; and staff has determined the Minor Modification application to be complete and the second amendment to be consistent with Council action. Mr. Hogan gave the staff report. He provided the following changes to the Attachments in the agenda report: 1) Item No. 4. on stamped page 197 should also include a separate maintenance program for the orchards and address the issues of maintenance of orchards close to residential developments; and 2) Item No. 5. on stamped page 198, next to last line from the end, instead of "Community Development Director through... ", it should read "Community Development Director according to the elements in the approved Perimeter ... "; and 3) Item No. 9 as it continues on stamped page 200, the sixth line down, should read "Championship Drive" rather than "C" Street; and 4) Item No. 10 on stamped page 200 should indicate the "50th" home of Phase 1 rather than the 95th- home. Craig Messi, representing Toll Brothers, 7142 Trivino Drive, Moorpark, stated that they share the City's concerns about safety, both for their residents and the community at large. He described the progress made on the project. He further stated that they share the City's disappointment with Toll not being able to fulfill certain requirements prior to the first Certificate of Occupancy; they agree to the new Minutes of the City Council Moorpark, California Page 16 August 21, 2002 timeframes for the completion of the improvements; that meeting the timeframes is also dependent on the City and other agencies meeting their deadlines; and they were disappointed to learn that additional building permits will be not issued. Mr. Messi informed the Council that Toll Brothers is working to complete the golf course parking lot in time to host the Boys and Girls Club tournament on September 30th; new guidelines issued by the City have required redesign of the last 9 holes of the golf course, which will cause delays; they will be responding to each violation enumerated in a memo dated July 3, 2002, regarding Country Club Estates, but want to note that some of the violations have been misrepresented; they have never received a Stop Order on the site and have always responded to corrections or requirements set down by the City; and he commended both the City agencies and outside agencies for taking up the challenge to allow Toll to have approvals resulting in their first home being scheduled for delivery next week. Dick Pool Associated Transportation Engineers, representing Toll Brothers, 7142 Trivino Drive, Moorpark, gave a presentation on roadway designs to meet the Tentative Tract conditions and Caltrans standards. He discussed the installation of the traffic signal at Grimes Canyon Road; and the levels of service at "C" or better with adequate sight distance for the three intersections on the project. Cary Lowe, Land Use attorney, representing Toll Brothers, 55 South Lake Avenue, Pasadena, addressed issues related to project conditions imposed with Minor Modification No. 3 and an error in the record as contained in City Council Resolution No. 2001 -1875, Section 3., Item 6., stating "Applicant's proportionate share shall also be defined to include frontage along Walnut Canyon Road for a distance of 500 ± feet south of the southeasterly corner of the subject property as shown on the Tentative Map for Tract No. 4620." He stated that in reviewing the minutes and video tape from the City Council meeting, there is no mention of this requirement; the Resolution needs to be corrected, as this directly affects proposed revisions to the project conditions Minutes of the City Council Moorpark, California Page 17 Auaust 21. 2002 as presented in Item No. 6. of Attachment No. 2 of this agenda report, which states, "or as otherwise stipulated in the Settlement Agreement Amendment 2...," which is too open -ended and they request that it be stricken. He further stated that they have no problems or concerns with the rest of the items. Michael Cosenza, a Moorpark resident, local teacher, and a buyer of a Country Club Estates home, stated that he has been in escrow for 18- months; he appreciates the Council's previous actions in support of the future homeowners of Country Club Estates; the buyers left the last Council meeting with the understanding that Certificates of Occupancy would not be delayed due to conditions related to the roads and the golf course and that 95 homes in Phase 1 would be permitted to proceed and building permits would not be subject to those conditions; however, this staff report seems to reflect differently. He requested that the Council accept Toll Brothers' counter- proposals to keep the project moving, as many buyers are living in temporary housing waiting for close of escrow. He asked the Council to remove the condition requiring the CC &R's to prohibit the use of golf carts, as State law allows their use on any roadway that has a speed limit of 35 mph or less. He reminded the Council and staff that the home buyers are the ones caught in the middle of this struggle between the applicant and the City. Mayor Hunter clarified that there is a distinction between low speed vehicles and golf carts; golf carts are prohibited on any public streets in the State of California because they do not have seat belts, head lights, license plates, and are not registered with the State. Michael Sullivan, a Moorpark resident and buyer of Lot -1 in Country Club Estates, stated he is uncomfortable with Item No. 2. of Attachment No. 2, as his family is living in temporary housing at this time and are only days away from occupying their home as long as the City does not hold up Certificates of Occupancy. In response to Mayor Hunter, Ms. Traffenstedt stated that 9 Written Statement cards supporting the comments Minutes of the City Council Moorpark, California Page 18 August 21, 2002 made by Michael Cosenza were submitted by Moorpark residents: Sohair Asaad, Abul Arastu, Kris Hansen, Mary Leyden, Patrick Leyden, Berill Mitchell, Joan Mitchell, Michael Pocito, and Sharon Pocito; and 1 Written Statement card was submitted by Mike Nix, General Manager for Moorpark Country Club, 11800 Championship Drive, Moorpark, opposing staff's recommendation to stop issuing building permits for the project. In response to Councilmember Harper, Mr. Messi stated that the sewer lift system for the Tract's sewer system will be operational by next Tuesday. In response to Councilmember Mikos, Mr. Hogan agreed that Item No. 10. of Attachment No. 2 should also be changed from occupancy of 95th home of Phase 1 to occupancy of 50th home of Phase 1. He clarified that this change would not delay any of the occupancies that are at, or near completion. In response to Councilmember Mikos, Mr. Kueny stated that in regard to Item No. 11 of Attachment No. 2, the intent is that as long as the developer controls the vote, they would cast an affirmative ballot. He clarified that if an Assessment District ballot measure occurs, the developer would have to cast affirmative ballots for the lots they still own. In response to Councilmember Mikos, Mr. Kueny stated that Item No. 13. of Attachment No. 2 refers strictly to City use of the golf course, not, for example, the Boys and Girls Club. In response to Councilmember Mikos, Mr. Kueny confirmed that it was not the City that held up the developer from making the improvements to Walnut Canyon Road. In response to Mayor Hunter, Mr. Messi stated that it was a Caltrans suggestion, not a working condition that Toll Brothers negotiate with the private land owner for the relocation of his driveway on Walnut Canyon Road. In response to Councilmember Mikos, Mr. Hogan confirmed that draft CC &R's have already been Minutes of the City Council Moorpark, California Page 19 August 21, 2002 submitted and that Item No. 2 of Attachment No. 1 could be amended to reflect that change. In response to Councilmember Mikos, Mr. Kueny stated that the Tract is laid out in such a way that precludes golf carts from being used to travel on private roads to get to the club house or the golf course. In response to Mayor Hunter's concern for holding Toll Brothers accountable for the safety improvements that have been promised to the community, without holding the residents as hostages, Mr. Kueny stated that it is possible to complete the amendment to the Settlement Agreement within a few weeks with the only consequence being the curtailment of building permit issuance. In response to Mayor Hunter's request to hear Toll Brothers explanation for their continued deviations from the approved plans, Mr. Messi gave an example of one instance of their substitution when approved corrugated metal pipe reacted adversely, during testing, to the soil on site and cast -in -place pipe was proposed as a substitute with the full knowledge of, and without any objection from, the City Engineer, who commented that he would not support cast -in -place pipe in a public- right -of -way, but that it would be acceptable for use under the driving range. Mayor Hunter stated that the substitution of pipe is in violation of the approved plans and the City Engineer's verbal approval is not sufficient authorization to alter the approved plans, which is a similar situation to the landscaping that was installed without an approved plan. In response to Mayor Hunter, Mr. Messi stated he understands the Council's frustration; however, they were led to believe by the consultants that approval of the landscape plans was imminent and along with the verbal approval of the former Community Development Director, they went ahead with the installation of landscaping on the slopes. He further stated that when Toll Brothers discovers anything going wrong on the site, they move quickly to correct the concern, while if City staff finds something wrong, they immediately conclude something devious is transpiring. Minutes of the City Council Moorpark, California Page 20 August 21, 2002 In response to Councilmember Mikos, Mr. Messi stated that he is not aware of any testing that concluded that cast -in -place pipe fails within five years; cast - in -place pipe has been used extensively at the Wood Ranch golf course in Simi Valley, which is much older that five years; and that Toll Brothers did not flaunt the conditions of approval, but did move forward upon verbal approvals rather than written approvals. In response to Councilmember Harper, Mr. Messi explained that the original condition for Walnut Canyon Road in Minor Modification No. 3, showed that Toll Brothers would pay their prorata share of the Walnut corridor improvements; Mr. Lowe is objecting to the sentence that has been added, that not only would Toll Brothers contribute to their share of the improvements, but would now be required to improve 500 -feet of roadway to the south of the project. Mr. Kueny stated that since the West Pointe project has been approved, the intent of the condition is that each developer would informally follow the Walnut Canyon Corridor Study to improve their fair share; and that staff will make the necessary changes to the condition, which will require that the Resolution return to the Council for approval. Councilmember Millhouse stated that there is a distrust present between the developer and the City, a compromise must be found to allow this project to move forward for the benefit of those who need to move into the homes; it is understandable that the developer is concerned that approvals must move through the City processes in a timely manner; conversely, quality plans need to be submitted in order to avoid multiple changes; and he is open to suggestions from the Council on how to move forward. Dick Hunsaker, civil engineer for Toll Bros. from Hunsaker and Associates, stated that the corrugated metal pipe was shown on the grading plan; it was brought out to the site; Mr. Brown asked that it be tested prior to installation for reaction to the soil, which is a normal procedure; it failed; therefore a substitution of cast -in -place pipe was made. Minutes of the City Council Moorpark, California Paqe 21 August 21, 2002 Mr. Messi stated that from his company's point of view, their civil engineer has now addressed all changes required by the City; and that they would like to begin construction of the homes for 60 buyers who purchased approximately three months ago; Toll Brothers has invested a great deal of money in this project and the community; and is not going to do anything to risk that investment. Councilmember Harper stated that the process this project is following is not working due to the length of time between Council meetings; more problems arise between meetings than are resolved; and asked if a Council committee could be formed to authorize the Mayor and another Councilmember to work with staff to make decisions on issuance of building permits and allow the buyers to move into their homes more quickly. Mr. Kueny stated that the Council has already made a decision on 95 occupancies and may direct staff to start issuing building permits as they deem necessary; once the amendment to the Settlement Agreement is concluded, there should be no more issues; and the only remaining questions is when Toll Brothers will sign the amended Settlement Agreement. Councilmember Harper stated that the City Manager is being optimistic and it would be helpful to have a Council committee work on this without bringing every little issue back to a public hearing. Councilmember Mikos stated that the Council committee is a possibility, but she does not believe it will provide an incentive for the developer to cooperate; allowing them to construct the 95 homes before signing the amended Settlement Agreement does not guarantee that more issues will not materialize; and that there must be some incentive that will cost them money to make them cooperate. Councilmember Millhouse stated that it appears that the only remaining issues are the prerequisites and the change to the Minor Modification No. 3., in regard to Walnut Canyon Road, which can be resolved prior to the amended Settlement Agreement; therefore he proposed that the Council authorize issuing up to 60 Minutes of the City Council Moorpark, California Page 22 August 21, 2002 building permits with the stipulation that Toll Brothers sign the amendment to the Settlement Agreement within a few days. Councilmember Harper stated that in conversation with Mr. Messi prior to the meeting, it is apparent that Toll Brothers has some problems with the timing of some of the items in the amended Settlement Agreement. In response to Council's concerns about whether the Brown Act would be violated if a Council committee made decisions without benefit of a public hearing, Mr. Montes stated that there would be a problem if decisions were made to change conditions of approval; however, with a limited scope of solving problems as they arise on a daily basis, and by working with staff to finalize the language of the amendment to the Settlement Agreement, there should be no violation of the law. Councilmember Harper suggested that the Mayor be authorized to sign the amended Settlement Agreement pending final language review by the City Attorney and the concurrence of staff. Mr. Montes stated that to the extent that there are changes or issues in the field, there should be a requirement expressly stated in the amended Settlement Agreement that a signature from the City Manager or the City Engineer authorizing the deviation from the approved plans is required. The Council concurred and indicated that there should be no verbal approvals. Mayor Hunter stated that the developer is to be held accountable without placing the residents in the middle of the dispute; that he was comfortable with the Council direction made on July 21St in regard to the number of building permits; and asked staff if there is anything in the amended Settlement Agreement that violates the Council direction to build Phase 1 containing the 95 lots. Mr. Kueny responded that in the terms of the amendment to the Settlement Agreement there is no violation to the Council's direction; however, the staff Minutes of the City Council Moorpark, California Page 23 August 21, 2002 recommendation is that no more building permits be issued until the amended Settlement Agreement is signed. Councilmember Millhouse suggested that the homes under construction and those pending in plan review, which together total 54, should be allowed to move forward while the amended Settlement Agreement is under consideration; and then upon signing of the amendment to the Settlement Agreement, proceed with the remainder of the 95 units. He concurred with Councilmember Harper that a Council committee, working with the applicant and staff, would ensure that the timeline for consideration of plans moves forward in a reasonable manner. MOTION: Councilmember Millhouse moved to: 1) Create an Ad Hoc Committee to meet with Toll Brothers and the City on subjects not requiring a public hearing; 2) Authorize 54 building permits to the developer; 3) Effectuate amendment to the Settlement Agreement within the next 10 -days in meetings with the Ad Hoc Committee, the developer, and City staff, to return to the Council at the next regular meeting; and 4) Issue the remaining building permits up to the 95 units in Phase 1, upon the execution of the second amendment to the Settlement Agreement. A discussion followed between Council and staff which focused on whether the amended Settlement Agreement needs to come back to the Council for approval; and the option to include timelines where the City is the sole decision maker. In response to Mayor Hunter, Mr. Lowe stated that Toll Brothers would be comfortable with that motion; however, he reiterated his discomfort with the one provision regarding the conditions dealing with Walnut Canyon Road. The motion was tabled to allow Council and staff to discuss the Walnut Canyon Road improvement issue. A discussion followed regarding Item 6. of Attachment No. 2; and it was Mr. Kueny's recommendation that the Minor Modification return to the Council as a separate issue to allow time for the Community Development Director to conduct research to make sure Toll Minutes of the City Council Moorpark, California Page 24 August 21, 2002 Brothers' improvements to Walnut Canyon Road interface with those being made by the West Pointe development. Councilmember Millhouse withdrew his prior motion. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion: 1) Appoint Mayor Hunter and Councilmember Millhouse to serve on an Ad Hoc Committee to consider the amended Settlement Agreement Minor Modification No. 3 and the Walnut Canyon Road condition; 2) Allow a maximum of 54 building permits until the second amendment to the Settlement Agreement is signed; 3) Develop a City Performance Criterion to be included in the amended Settlement Agreement; and 4) Issue the remaining building permits up to the 95 units in Phase 1, upon the execution of the second amendment to the Settlement Agreement. The motion carried by unanimous voice vote. Discussion followed regarding the golf cart use, and it was decided that the issue would be covered within the items to be considered by the Ad Hoc Committee. D. Adopt Resolution Approving the Funding of Consultant Services Required to Consider Formation of a New Citywide Lighting and Landscaping Assessment District (AD03 -1). Staff Recommendation: Adopt Resolution No. 2002 -1993, approving an appropriation from the General Fund Reserve to fund the subject efforts. Mr. Gilbert gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to Adopt Resolution No. 2002 -1993, approving an appropriation from the General Fund Reserve to fund the subject efforts. The motion carried by unanimous roll call vote. E. Consider Funding for Fifth Grade D.A.R.E. Program. Staff Recommendation: Direct staff as deemed appropriate. Mayor Hunter stated that due to budget curtailments the Moorpark Unified School District has been forced to eliminate their portion of contribution towards the Minutes of the City Council Moorpark, California Paqe 25 Auqust 21, 2002 funding for the Fifth Grade D.A.R.E. officer; and the City would need to contribute 1000 of the funding if the program is to continue. He outlined the benefits of the program in preventing alcohol and drug abuse among children; and stated that there are sufficient funds in the City's budget to contribute the $36,000. Councilmember Millhouse cited recent crime statistics and commended Captain LeMay and his officers on the decline in crime and the city of Moorpark's continued ranking as the safest city in the County of Ventura. He offered his support for the continuance of the D.A.R.E. program. Michael Cosenza, a Moorpark resident and a teacher at Flory school, spoke in support of the program as teaching valuable lessons and for giving children the opportunity to develop a rapport with the D.A.R.E. officer. Melissa Nizdil, a Moorpark resident and local teacher, spoke in support of the D.A.R.E. program as essential to the education of the youth in Moorpark. Gerald Goldstein, a Moorpark opposition to the continued fund Public Radio's broadcasts ineffectiveness of the D.A.R.E. his own concerns regarding the having law enforcement on campus. resident, spoke in Lng and cited National reporting on the program; and stated negative impacts of MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to approve the allocation of funds from the current budget to fund the fifth grade D.A.R.E. Program. Councilmember Harper stated that when he was a member of the School Board a study was performed on the advocacy of the D.A.R.E. program and the results were mixed; regardless, it is a very popular program with the community; and it does make children more comfortable in talking with law enforcement. Councilmember Mikos stated that she has attended some of the D.A.R.E. program graduations where students have read poignant essays about their participation, and she is in support of continuing the funding. Minutes of the City Council Moorpark, California Page 26 August 21, 2002 The motion carried by unanimous roll call vote. 11. CONSENT CALENDAR: Councilmember Wozniak requested the minutes from the Special Meeting of July 17, 2002, be pulled from Item ll.A. for individual consideration. Councilmember Mikos requested the minutes from the Special Meeting of July 10, 2002, be pulled from Item 11.A. for individual consideration. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to approve the Consent Calendar with the exception of the July 10 and July 17, 2002, minutes in Item ll.A. and Items ll.F. and ll.L., which were pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Special Meeting of June 19, 2002. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register for Fiscal Year 2001 -2002 - August 21, 2002. Manual Warrants Voided Warrants Payroll Liability Warrants 110074 109920 & 110010 & 110033 109853 - 109860 $ 4,586.24 $ (15, 941. 22 ) $ 13,712.97 Regular Warrants 109871 - 110053 & $1,297,722.90 110188 - 110229 & $ 295,533.48 110351 - 110374 $ 6,908.63 Staff Recommendation: Approve the warrant register. Minutes of the City Council Moorpark, California Paae 27 C FOR August 21, 2002 Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - August 21, 2002. Manual Warrants 109744 - 109861 - 110075 - 110230 - Payroll Liability 109863 - Warrants 110080 - 110233 - 109747 & $ 240,522.47 109862 & 110079 & 110232 $ 2,116.46 109870 & $13,713.76 110087 & $13,975.90 110240 $ 13,678.37 Regular Warrants 110054 - 110073 & $ 15,930.70 110088 - 110187 & $182,445.89 110241 - 110350 $ 26,356.74 Staff Recommendation: Approve the warrant register. Ventura Council of Governments Revised Joint Powers Agreement. Staff Recommendation: Ratify the revised Joint Powers Agreement. E. Consider Adoption of Resolution Pursuant to Public Hearing Held July 17, 2002, for Tax Equity Fiscal Responsibility Act (TEFRA) Related to Vintage Crest Senior Apartments (GPA 2002 -01, ZC 2002 -01, RPD 2002- 02), on Application by USA Properties Fund, Inc. Staff Recommendation: Approve Resolution No. 2002 -1994. G. Adopt Resolution Amending the Fiscal Year 2002/2003 Budget by Establishing Project 8049 for Consultant Services Required to Investigate the Feasibility and Cost Related to the Possible Establishment of a Prohibition or Restriction of Non -Local Truck Traffic on Route 118 Between the Route 23 Freeway and Route 34. Staff Recommendation: Adopt Resolution No. 2002- 1995, approving an appropriation and budget amendment to fund the subject consultant services. H. Consider Quarterly Treasurer's Report. Staff Recommendation: Receive and file Quarterly Treasurer's Report. I. Consider Adoption of a Resolution of Intent Directing the Planning Commission to Hold a Public Hearing and Provide a Recommendation on a General Plan Amendment Minutes of the City Council Moorpark, California Paae 28 August 21, 2002 Related to Ai Recommendation: the Planning amendments to Plan, and pr( Council. 3riculture /Residential Setbacks. Staff Adopt Resolution 2002 -1996, directing Commission to study appropriate the Land Use Element of the General Dvide a recommendation to the City J. Consider Adoption of a Resolution Directing the Planning Commission to Hold a Public Hearing and Provide a Recommendation on Zoning Ordinance Amendments to Chapters 17.20 (Uses by Zone), 17.28 (Standards for Specific Uses), 17.44 (Entitlement - Process and Procedures), 17.60 (Amendments to the General Plan, Specific Plans, Zoning Map and Zoning Code), and 17.68 (Public Notice). Staff Recommendation: Adopt Resolution 2002 -1997, directing the Planning Commission to study revisions to the Zoning Code concerning entitlement permit processing, and provide a recommendation to the City Council. K. Consider Appointment of New Building Official. Staff Recommendation: Approve the appointment of Ray Young as the City's Building Official under the Charles Abbott & Associates contract. M. Consider Setting a Public Hearing to Receive Testimony to Update the City's Library Facilities Fee. Staff Recommendation: Set a Public Hearing date of September 18, 2002, to receive testimony on updating the City's Library Facilities Fee. The following items were pulled for individual consideration: 11. A. Consider Approval of Minutes of Special Meeting of July 10, 2002. Staff Recommendation: Approve minutes as processed. Councilmember Mikos stated that she had not been present at the meeting of July 10, 2002. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to approve the minutes of Special Meeting of July 10, 2002. The motion carried by voice vote 4 -0, with Councilmember Mikos abstaining. Minutes of the City Council Moorpark, California Page 29 August 21, 2002 Consider Approval of Minutes of Special Meeting of July 17, 2002. Staff Recommendation: Approve minutes as processed. Councilmembers Harper and Wozniak stated that they were not present at the Special Meeting of July 17, 2002. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to approve the minutes of Special Meeting of July 10, 2002. The motion carried by voice vote 3 -0, with Councilmembers Harper and Wozniak abstaining. F. Consider Request from Moorpark Kiwanis to Waive Park Rental Fees for Softball Tournament. Staff Recommendation: Approve the request from Kiwanis of Moorpark to waive park rental fees associated with their Girls Softball Tournament, provided that they pay all direct costs incurred by the City, including one staff person dedicated to the Tournament. Councilmember Millhouse stated that he had this item pulled to highlight this tournament as a very worthwhile activity. MOTION: Councilmember Millhouse moved and Councilmember Mikos moved to approve the request from Kiwanis of Moorpark to waive park rental fees. The motion carried by unanimous voice vote. L. Consider Rescinding Approval for Agreements with Southern California Edison Concerning the Unimproved Road at Arroyo Vista Community Park and Signs and Banners. Staff Recommendation: Rescind prior approval for the following agreements with Southern California Edison: November 17, 1999, Lease Agreement with Southern California Edison regarding the unimproved road at AVCP and April 5, 2000, License Agreement for placement of signs and banners on ornamental street lights. Councilmember Millhouse stated that he pulled this item to acknowledge the new representative, Glen Becerra, from Southern California Edison, who is sensitive to the needs of city government, as he is a Councilmember from the City of Simi Valley. Minutes of the City Council Moorpark, California Page 30 August 21, 2002 Councilmember Millhouse continued by stating his concurrence with staff's recommendation to rescind Council's actions regarding the signs and banners; however, in light of the new representative from Edison, he does not believe the statement contained on page 380 in the second paragraph where staff does not believe any attempt to gain a signed license agreement for the road at AVCP, is accurate any longer, and efforts should be made to explore this subject. Mr. Kueny stated that Southern California Edison has almost completed their grading; it would be nice if they paid the City for back rent for the months of use; and concurred that staff could wait to have Council rescind the lease agreement for the road to allow time for Councilmember Millhouse to work with Southern California Edison, but that it may not be needed due to progress on construction. The Council concurred that Councilmember Millhouse would work with Southern California Edison and that the lease agreement for the road could be dealt with when he reports back. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to rescind the prior approval for the License Agreement with Southern California Edison for placement of signs and banners on ornamental street lights. The motion carried by unanimous voice vote. 12. ORDINANCES: None. 13. CLOSED SESSION: Mr. Kueny requested that the City Council go into closed session for discussion of Items 13.B (three cases), 13.F., and 13.G. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adjourn to closed session for a discussion of Items 13.B. (three cases), 13.F., and 13.G. on the agenda. The motion carried by unanimous voice vote. The time was 11:45 p.m. Minutes of the City Council Moorpark, California Paqe 31 Auqust 21, 2002 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) F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 504 -0- 021 -195, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and Joe Fedele Under Negotiation: Price and terms of payment G. 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 Present in closed session were Councilmembers Harper, Mikos, Millhouse, and Parvin, and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Ken Gilbert, Public Works Director (left the meeting at 12:03 a.m.); Barry Hogan, Community Development Director (arrived at 12:03 a.m.); and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 12:20 a.m., August 22, 2003. Mr. Kueny stated that Items 13.B. (three cases), 13.F., and 13.G. were discussed and that there was no action to report. Minutes of the City Council Moorpark, California 13. ADJOURNMENT: Mayor Hunter adjourned t 22, 2002. ATTEST: �J Deborah S. Traffenst City Clerk Paae 32 August 21, 2002