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HomeMy WebLinkAboutMIN 2001 0718 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California July 18, 2001 A Regular Meeting of the City Council of the City of Moorpark was held on July 18, 2001, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Pro Tem Harper called the meeting to order at 6:43 p.m. 2. INVOCATION: Pastor Tony Amatangelo, Life Spring Community Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Councilmember Roseann Mikos led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Mikos, Millhouse and Mayor Pro Tem Harper. Absent: Councilmember Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; Dana Shigley, Director of Administrative Services, Wayne Loftus, Director of Community Development; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Walter Brown, City Engineer; Captain Robert LeMay, Sheriff's Department; John Brand, Senior Management Analyst, Nancy Burns, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and La -Dell VanDeren, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Recognition of Sergeant Ron Nelson, Moorpark Police Department. Minutes of the City Council Moorpark, California Page 2 July 18, 2001 Mayor Pro Tem Harper presented Sergeant Ron Nelson with a plaque in recognition of his service to the City of Moorpark. B. Ventura County Fair Poster Presentation by Charles Schwabauer. Mayor Pro Tem Harper introduced Charles Schwabauer, who presented the City with the 2001 Ventura County Fair Poster. C. Introduction of New Employee, Feljay Ugalde, Planning Technician I, Community Development Department. Mayor Pro Tem Harper introduced Feljay Ugalde, Planning Technician I, in the Community Development Department. D. Introduction of New Employee, Melody Johnston, Information Systems Supervisor, Administrative Services Department. Mayor Pro Tem Harper introduced Melody Johnston, Information Systems Supervisor, in the Administrative Services Department. E. City Manager's Monthly Report. Mr. Kueny introduced Captain Robert LeMay, Chief of Police, Ventura County Sheriff's Department, who provided an update on the Police Department activities, including the acquisition of two new vehicles, status of interviewing for vacant positions in the department, and the success of the Police Department Volunteer Program. 6. PUBLIC COMMENT: Larry Janss, 1408 E. Thousand Oaks Blvd. Thousand Oaks, discussed the former Moorpark Playhouse property and gave an update on his efforts to reopen the theater. Michelle Judd, a Moorpark resident, stated she is a recent graduate of the Ventura County Leadership Academy and requested the City Council's support of the Academy Minutes of the City Council Moorpark, California Page 3 July 18, 2001 programs. She discussed the type of training received, the cost, the nomination procedure, and scholarships that are available. She also provided the website address for the academy. Gerald Goldstein, a Moorpark resident discussed cleanup at his property. AT THIS POINT in the meeting, the City Council recessed to convene the Redevelopment Agency. The time was 7:08 p.m. The City Council meeting reconvened at 7:12 p.m. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Millhouse requested Item 10.I. be moved to the first item under Presentation /Action /Discussion. Councilmember Mikos requested Item 11.E. be pulled from the Consent Calendar. Mayor Pro Tem Harper announced that Item 10.D. and Item 10.E would be discussed together. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded the motion to adopt the revised agenda. The motion carried by voice vote 3 -0; Mayor Hunter and Councilmember Wozniak absent. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos discussed the Hidden Creek Project legal rulings and stated there is no further opportunity for Appeal. She requested a future agenda item regarding the Zoning Ordinance for the Hidden Creek Ranch property that is not in compliance with the General Plan. She also requested that staff contact the County regarding updating and correcting the County Geographical Information Systems (GIS) Maps pertaining to City boundaries. She also announced her scheduled attendance at a Mayor's and Council Members Executive Forum in Northern California. Councilmember Millhouse discussed the disappearance of Megan Barroso. He thanked several persons and agencies that were involved in setting up an account for donations towards a reward fund. He announced that a website had been Minutes of the City Council Moorpark, California Page 4 July 18, 2001 set up. He stated the Ventura County Sheriff's Department now has a $25,000 reward. Councilmember Harper requested a future agenda item for staff to provide a report regarding establishing requirements for use of photovoltaic's as they pertain to energy conservation. 9. PUBLIC HEARING: A. Consider Final Review and Changes to the Engineer's Report for Assessment District AD84 -2 and Adoption of a Resolution Confirming the Assessments for Fiscal Year 2001/2002. Staff Recommendation: Open the public hearing, receive testimony, close the public hearing, and take the following actions: 1) Approve the changes to the Engineer's Report summarized in Section J of the agenda report; and 2) Adopt Resolution No. 2001 -1865 making certain changes to AD84 -2 and confirming the assessments for Fiscal Year 2001/02. Mr. Gilbert gave the staff report and noted some minor changes to the engineering report. Mayor Pro Tem Harper opened the public hearing; there being no one wishing to speak, Mayor Pro Tem Harper closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to: 1) Approve the changes to the Engineer's Report summarized in Section J of the agenda report; and 2) Adopt Resolution No. 2001 -1865 making certain changes to AD84 -2 and confirming the assessments for Fiscal Year 2001/02. The motion carried by voice vote of 3 -0, Mayor Hunter and Councilmember Wozniak absent. 10. PRESENTATION /ACTION /DISCUSSION: I. Consider Establishing Reward Related to Missing Person Case (Megan Barroso). Staff Recommendation: Direct staff as deemed appropriate. Councilmember Millhouse discussed a reward for information leading to the safe return of Megan Barroso. He suggested using the same language that the Ventura County Sheriff's Department uses in these Minutes of the City Council Moorpark, California Page 5 July 18, 2001 situations. He suggested the City of Moorpark donate an amount of $10,000. In response to Mayor Pro Tem Harper, Captain LeMay replied that the Sheriff's Department supports and commends the taking of the action to set up a reward. In response to Councilmember Mikos, Mr. Kueny replied that there is not a precedent for the City to follow regarding a dollar amount or setting up a reward. Councilmember Millhouse stated he had checked with the Sheriff's Department and the $10,000 amount was suggested as an appropriate amount. In response to Mayor Pro Tem Harper, Mr. Kueny replied that the reward monies would come from the City's General Fund Reserve. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion that the City authorize a reward in the amount of $10,000 using the same terms and language of the Sheriffs Department's reward for information regarding the disappearance of Megan Barroso. The motion carried by voice vote 3 -0, Mayor Hunter and Councilmember Wozniak absent. A. Consider a Presentation by the Child Care Plannin Council of Ventura Countv. Barbara Loczi, 570 Airport Way, Camarillo, Consultant for the Ventura County Child Care Planning Council, spoke about the agency's five -year plan. She discussed the needs of the Child Care Council and the needs of those that the organization serves. She asked the City of Moorpark to include childcare language in its general plan, which would encourage inclusion of childcare needs in the City's plans. She also requested that one councilmember be appointed as the City's liaison with the Child Care Council. Petra Nagerl, 570 Airport Way, Camarillo, Consultant for the Ventura County Child Care Planning Council, stated that Patty McWaters has worked with other cities in Ventura County as a child care resource. Minutes of the City Council Moorpark, California Page 6 July 18, 2001 Mayor Pro Tem Harper stated that there is a definite need for affordable childcare. He commended the Child Care Planning Council on their five -year plan. He suggested they contact a representative from both Moorpark and Ventura Colleges. B. Consider Teen Council Appointments and Amendments to Teen Council Guidelines. Staff Recommendation: 1) Adopt amendments to the Teen Council Guidelines consistent with the staff report and direct staff to include the Teen Council Guidelines in the next update of the City Council Policies Resolution; and 2) Make appointments to the Teen Council for a one -year term to begin on July 1, 2001. BY CONSENSUS, the Council agreed to continue this item to the August 1, 2001, City Council meeting. C. Consider a Request to Modify Condition of Approval No. 1 of Conditional Use Permit No. 94 -01 of Moorpark Country Club Estates to Reduce the Number of Holes of Play for the Required Golf Courses from Thirty -six (36) Holes to Twenty -seven (27) Holes and Addendum No. 4 to the Certified Environmental Impact Report (EIR) (SCH #9408175) - Toll Bros. Inc., Applicant. Staff Recommendation: 1) Accept public comment; 2) Consider the request to modify the number of holes of play of the golf courses as conditioned under CUP 94 -1, and approve Addendum No. 4 to the project certified Environmental Impact Report; and 3) Adopt Resolution No. 2001 - granting Minor Modification No. 3 to the Country Club Estates Project. Mr. Loftus suggested that the staff report be deferred to the meeting of August 1, 2001. Mayor Pro Tem Harper suggested that any comments or testimony be received from those wishing to speak. Craig Messi, Toll Brothers, 7000 Grimes Canyon Road, Moorpark, discussed the project. Mr. Messi requested the City Council consider the modification, which will increase the undisturbed area to a total of 226 acres. He stated the approved plan only preserved 98 acres as undisturbed by grading. Minutes of the City Council Moorpark, California Page 7 July 18, 2001 John Michler, land planner 1470 Jamboree Road, #200, Newport Beach, discussed the reduction in grading and design modifications of the residential and the golf course areas. He stated they have modified the residential element and redesigned the area to the golf course frontage homes. He explained the reduction from 36 holes to 27 holes of golf. Councilmember Mikos stated that she is in favor of less grading. Mr. Michler stated that the reduction in grading totaled 6 million cubic yards. He added that reducing from 36 to 27 holes makes the golf courses more economically feasible. Pete Peters, a Moorpark resident, stated that he would wait to speak before the full Council. William K. Alkire, William Charles Group, 165 High Street, Moorpark, stated he is the Manager at Tierra Rejada Golf Course. He stated the reduction to 27 holes from 36 holes makes sense in terms of the course profitability. He commented that a reduction in costs of construction and operation and the number of rounds played could still generate 800 of the same income as 36 holes. In response to Councilmember Mikos, Mr. Messi replied that with regard to Mr. Alkire's estimates, he did not have the true dollar numbers. He stated an analysis was done recently, and there are 20 golf courses within 5 miles of this site and 5 more golf courses in the planning stage. In response to Mayor Pro Tem Harper, Mr. Messi replied that when the project was acquired, Toll Brothers was not originally to be the builder of the golf courses. He added that through the purchase agreement for the residential areas, Toll Brothers also acquired the golf courses and an updated analysis determined that the 27 hole course was more feasible. In response to Mr. Kueny, Mr. Messi replied that Toll Brothers would like the golf courses to be under construction by the Spring of 2002 and that they would Minutes of the City Council Moorpark, California Page 8 July 18, 2001 like a decision as soon as possible. The Spring 2002 timeline would give them a chance to be in compliance with their development agreement date for their first golf course opening. In response to Councilmember Mikos, Mr. Messi replied that if a decision is made by the City Council at the August 1 meeting, it would not cause a significant problem. Mayor Pro Tem Harper stated he has had a real concern about the amount of golf facilities in the area in relation to the number of golfers in Moorpark. Councilmember Mikos stated she was a vocal opponent of the original 36 -hole golf course project. She also stated the redesigned project is better for the environment and that the reduction in grading makes economic sense and environmental sense. Councilmember Millhouse stated his concurrence with the statements of Mayor Pro Tem Harper and Councilmember Mikos. CONSENSUS: By consensus, the City Council determined to continue this item to the August 1, 2001, City Council meeting. Mayor Pro Tem Harper announced that Items 10.D and 10.E would be taken together. D. Consider Traffic Issues on Sierra Avenue and Shasta Avenue [Moorpark Estates]. Staff Recommendation: Direct staff as deemed appropriate. E. Consider Resolution Providing for the Installation of Stop Signs at Designated Entrances to the Intersections of Sierra Avenue /Shasta Avenue [North] ; Sierra Avenue/ Shasta Avenue [South]; and Sierra Avenue /Lassen Avenue. Staff Recommendation: Adopt Resolution No. 2001 -1866. Mr. Gilbert gave the staff report on both items. Councilmember Mikos thanked the residents of Moorpark Estates who brought the issue to her attention. Minutes of the City Council Moorpark, California Page 9 July 18, 2001 In response to Councilmember Mikos, Mr. Gilbert stated that the letter to Mission Bell Plaza recommended terminating access and that he and Mr. Kueny met with the property manager and the owner with regard to speed bumps in the plaza parking lot, and the property manager and the owner seemed receptive. In response to Councilmember Mikos, Mr. Gilbert replied that staff is recommending stop signs and asked for more direction from the Council regarding the Gisler Road access. Randy Baker, a Moorpark resident, spoke about mild traffic and the impact from traffic on the Lassen Avenue entry. He discussed the three possible options that were listed in the letter that was sent to the residents of the area and noted that stop signs were the least desirable of the options presented. He asked the Council to consider the other two options of either an opening of Gisler Road or the closing of Lassen Avenue. Douglas Frazer, a Moorpark resident, stated his concurrence with the comments of the prior speaker and stated that some of the problems were generated when the shopping center was built. He discussed concerns about the potential for increased congestion and accidents if stop signs are installed and difficulty in backing out of driveways. He also asked why the City bus makes multiple trips through the Shasta and Lassen Avenues intersection. Oscar Barrera, a Moorpark resident, discussed traffic at the intersection caused by traffic from the school and during Little League games. He stated heavy traffic from shopping center has slowed down somewhat, but the speed of cars using the street is a problem. He stated his opposition to closing Lassen Avenue and would like to see the street left open as a one -way street. In response to Mayor Pro Tem Harper, Ms. Lindley replied that the bus goes through the shopping center and exits at Lassen Avenue, so it can stop for passengers in the Estates neighborhood. She noted that having the bus stop on Los Angeles Avenue presents Minutes of the City Council Moorpark, California Page 10 July 18, 2001 more of a potential traffic problem, and it appears to be safer if the bus stops on Shasta Avenue as opposed to Los Angeles Avenue. In response to Mayor Pro Tem Harper, Ms. Lindley stated the bus pick up can be done at the center parking lot rather than in the neighborhood, but it reduces the visibility of the bus and increase the distance for those who walk to the bus stop. Ms. Lindley indicated that staff could take a look at that change and report back to the Council on the effect. In response to Councilmember Mikos, Ms. Lindley stated that if Lassen Avenue were closed, the bus would probably not go through the Moorpark Estates neighborhood. Councilmember Millhouse stated his concern about moving the bus stop and increasing the distance to the bus stop. Mr. Kueny suggested that staff take a look at the issue and also analyze a turnout just west of the intersection of Shasta and Los Angeles Avenues. He stated staff would need to analyze how many riders are involved to see if such a change would be cost effective. In response to Councilmember Mikos, Captain LeMay responded that the Police Department does not see an enforcement issue regarding speeding in the area. He stated that continual enforcement is not merited; however, the Police Department is using a high visibility approach to the issue, including police patrol and use of the speed board. He stated his opinion that this is an engineering problem versus an enforcement problem. In response to Councilmember Mikos, Mr. Gilbert stated the traffic volumes are not enough to cause a backup in the residential driveways. He stated the closure of Lassen Avenue is the most obvious solution, but that a number of residents are opposed to that, because they use the left turn on Leta Yancy Road at the Los Angeles Avenue intersection. He noted that inconvenience to the residents is a problem and stated Minutes of the City Council Moorpark, California Page 11 July 18, 2001 that he is opposed to using residential streets as entrances to shopping centers. In response to Councilmember Mikos, Mr. Gilbert stated that connecting Gisler Road to the shopping center would transfer the problem. In response to Councilmember Mikos, Mr. Kueny stated that the stop signs could be installed and when school resumes traffic counts can be done to see if they are effective. He stated if a stop sign is installed on Shasta Avenue, one would also be needed on Sierra Avenue, because the people who use those routes will change to avoid the stop signs. He also stated that if staff determines that the stop signs are not working, they could be removed. Mr. Gilbert stated that stop signs should be placed where warranted by traffic patterns and needs, not just based on requests, due to potential liability exposure. He noted that removal of stop signs can also be a liability concern. Mr. Kueny stated his recommendation to go forward with the stop signs. Mayor Pro Tem Harper stated his concern about the use of stop signs to mitigate issues of right of way and that he would prefer the use of speed bumps instead. He recommended having the Transportation and Streets Committee discuss this issue further. Mr. Kueny suggested that when a signal is installed at Shasta Avenue, allowing residents to turn left onto Los Angeles Avenue, then closing the shopping center entry and the stop signs could be reconsidered. Councilmember Millhouse stated that the residents wanted the City to take action now and that stop signs would be a good start. Councilmember Mikos stated that when the light is installed at Shasta Avenue residents would support closing access to shopping center. She stated that the Committee did not have anything further to discuss Minutes of the City Council Moorpark, California Page 12 July 18, 2001 at this time and that she didn't support speed humps on City streets. In response to City Council questions regarding the Shasta Avenue signal, Mr. Kueny recommended that the Council receive and file the staff report, direct staff to work on expediting the traffic signal installation at Shasta Avenue, and approve the installation of stop signs. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to receive and file the staff report and directed staff to work on expediting the traffic signal installation at Shasta Avenue. The motion carried by voice vote 3 -0, Mayor Hunter and Councilmember Wozniak absent. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to adopt Resolution No. 2001- 1866 approving the installation of stop signs at designated entrances to the intersections of Sierra Avenue /Shasta Avenue [North]; Sierra Avenue /Shasta Avenue [South]; and Sierra Avenue /Lassen Avenue. The motion carried by voice vote 2 -1, Councilmember Harper opposed, and Mayor Hunter and Councilmember Wozniak absent. F. Consider Status Report and Revised Time Line for the Completion of the Arroyo Vista Community Park (AVCP) Phase II Restroom /Concession /Storage Facility. Staff Recommendation: Approve the revised time line for the design and construction of the AVCP Phase II Restroom Facility as outlined in the agenda report. Ms. Lindley gave the staff report. In response to Councilmember Mikos, Ms. Lindley replied that Specific Plan No. 2 would have its own park. Councilmember Millhouse discussed several reasons for the delay of the restroom facility, including water line and sewer pump issues. In response to Councilmember Harper, Ms. Lindley stated the total cost for planned facilities could be Minutes of the City Council Moorpark, California Page 13 July 18, 2001 approximately $5,000,000 including the pool, road, pavilions, restrooms, and landscaping. Douglas Shoop, a Moorpark resident, stated that the Moorpark Packers do not have portable restrooms in their budget for the 2001 season and given the anticipated delay of the completion of the restroom facilities, he asked the City Council to provide portable restrooms for their use. In response to Councilmember Millhouse, Ms. Shigley replied that the estimated cost for two portable restroom units would be $800 to $1,200, including cleaning. In response to Mayor Pro Tem Harper, Mr. Kueny replied that the City Council could authorize staff to return with a budget allocation for the portable restrooms at the next City Council meeting. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded the motion to approve the revised time line for the design and construction of the AVCP Phase II Restroom Facility and directed staff to return with a budget allocation item at the August 1, 2001, meeting for temporary portable restrooms. The motion carried by voice vote 3 -0, Mayor Hunter and Councilmember Wozniak absent. G. Consider Award of Contract for Design of the Community Aquatics Facility to Martinez & Amador Architects, Inc. and Adoption of Resolution. Staff Recommendation: 1) Award a contract to Martinez & Amador Architects, Inc. in the amount of $164,000 and authorize the City Manager to execute said contract; and 2) Adopt Resolution No. 2001 -1867, amending the FY 2001/2002 Budget, allocating $200,000 for the design of the Community Aquatics Facility. (ROLL CALL VOTE REQUIRED) Ms. Lindley gave the staff report. Councilmember Millhouse stated that he and Mayor Pro Tem Harper are on the committee regarding the pool. He stated the Moorpark Unified School District (MUSD) does not yet have the budget available to participate in the pool costs and that the City Council should Minutes of the City Council Moorpark, California Page 14 July 18, 2001 consider how the MUSD could participate in the project in the future. Mayor Pro Tem Harper stated that absent a bond issue, the MUSD may not be able to participate at any level and discussions at the subcommittee level were not positive. He stated the City should look at this as a City project and continue going forward on it. In response to Councilmember Mikos, Ms. Lindley replied that the reduced price of the bid would still achieve the design of the aquatics facility. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded the motion to: 1) award a contract to Martinez & Amador Architects, Inc. in the amount of $164,000 and authorize the City Manager to execute said contract; and 2) adopt Resolution No. 2001 -1867, amending the FY 2001/2002 Budget, and allocating $200,000 for the design of the Community Aquatics Facility. The motion carried by roll call vote 3 -0, Mayor Hunter and Councilmember Wozniak absent. H. Consider Adoption of an Interim Ordinance Enacting for a Period of Forty -five Days a Moratorium on the Issuance of Permits for Construction or Placement of Wireless Telecommunications Facilities in the City, and Declaring the Urgency Thereof. Staff Recommendation: Adopt Interim Ordinance No. (ROLL CALL VOTE REQUIRED: 4 /5ths affirmative vote) Mayor Pro Tem Harper suggested taking any public comments and then tabling the item to a later meeting date. Councilmember Millhouse discussed his reasoning for asking this to be placed on the agenda. He discussed potential projects and the need for comprehensive planning about where wireless facilities should be placed. He stated he would like to see the Planning Commission be more involved in the decisions. CONSENSUS: By consensus, the Council determined to table this item to later in the meeting. Minutes of the City Council Moorpark, California Page 15 11. CONSENT CALENDAR: July 18, 2001 MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded the Motion for approval of the Consent Calendar, with Item 11.E. pulled for individual consideration. The motion carried by roll call vote 3 -0, Mayor Hunter and Councilmember Wozniak absent. A. Consider Approval of Minutes of First Special Meetin of May 30, 2001. Consider Approval of Minutes of Special Meeting of June 20, 2001. Consider Approval of Minutes of Special Meeting of June 27, 2001. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register - July 4, 2001. Manual Warrants 106197 - 106199 & $ 41,528.54 106200 - 106202 & 106302 - 106303 Voided Warrants 105986 & 106086 $ (625.95) (Pentamation additional remittance copies) 106300 Payroll Liability 106188 - 106196 $ 15,985.86 Warrants Regular Warrants 106203 - 106297 $230,072.03 Staff Recommendation: Approve the Warrant Register. C. Consider Approval of Warrant Register - July 18, 2001. Voided Warrants 104782 $ (265, 000. 00) Regular Warrants 106329 - 106466 $ 566,116.25 Staff Recommendation: Approve the Warrant Register. Minutes of the City Council Moorpark, California Page 16 July 18, 2001 D. Consider a Resolution Authorizing the City's FY 2001/2002 Transportation Development Act (TDA) Claim. Staff Recommendation: Adopt Resolution No. 2001 -1868, authorizing the FY 2001/2002 Transportation Development Act claim for the City of Moorpark, authorizing the City Manager to sign the claim for submittal to the Ventura County Transportation Commission (VCTC). (ROLL CALL VOTE REQUIRED). F. Consider Report of Annual Development Agreement Review, Established in Connection with Moorpark Country Club Estates, Located Approximately 2,700 Feet South of Broadway between Grimes Canyon Road and Walnut Canyon Road (Tract 4928, Toll Brothers, Inc.) . Staff Recommendation: 1) Accept the Director of Community Development's Report and recommendation that, on the basis of substantial evidence, Toll Brothers, Inc. has complied in good faith with the terms and conditions of the agreement; and 2) deem the annual review process complete. G. Consider Report of Annual Development Agreement Review, Established in Connection with Residential Planned Development Permit No. 97 -1, a 312 -unit Apartment Project, Located on the West Side of Moorpark Avenue, South of Los Angles Avenue and North of the Arroyo Simi (Archstone Communities). Staff Recommendation: 1) Accept the Director of Community Development's Report and recommendation that, on the basis of substantial evidence, Archstone Communities has complied in good faith with the terms and conditions of the agreement; and 2) deem the annual review process complete. H. Consider Report of Annual Development Agreement Review, Established in Connection with Moorpark Highlands Specific Plan No. 2, a Master Planned Community, Located East of Walnut Canyon Road, North of Charles Street (Tentative Tract 5045, Morrison - Fountainwood- Agoura). Staff Recommendation: 1) Accept the Director of Community Development's Report and recommendation that, on the basis of substantial evidence, Morris on- Fount ainwood- Agoura has complied in good faith with the terms and conditions of the agreement; and 2) deem the annual review process complete. Minutes of the City Council Moorpark, California Page 17 July 18, 2001 I. Consider Resolution Extending Franchise Agreements for Cable Television Services with Adelphia Communications Corporation. Staff Recommendation: Adopt Resolution No. 2001 -1869 (Moorpark System). J. Consider Resolution Extending Franchise Agreements for Cable Television Services with Adelphia Communications Corporation. Staff Recommendation: Adopt Resolution No. 2001 -1870 (Mountain Meadows System). K. Consider Approval of the Engineer's Report for Assessment District AD01 -3 [Cabrillo Economic Development Corporation) - Tentative Tract 51611. Staff Recommendation: Adopt Resolution No. 2001 -1871 approving the Engineer's Report for AD01 -3 for FY 2001/02 and setting August 1, 2001, as the date of a public hearing to consider the levy of the assessments provided for in said Engineer's Report. L. Consider Settlement Agreement with West Pointe Homes, Inc. Regarding Time Extension for Tentative Tract Map 4620. Staff Recommendation: Approve the Settlement Agreement subject to final language approval of the City Manager and City Attorney and authorize the Mayor to execute it on behalf of the City. M. Consider Loan Agreement between the City of Moorpark and the Moorpark Redevelopment Agency. Staff Recommendation: Adopt Resolution No. 2001 -1872, approving a Loan Agreement with the Moorpark Redevelopment Agency. N. Consider an Agreement Regarding Acquisition of Property Between Archstone Communities and the City of Moorpark to Acquire Certain Real Property for Public Street Purposes. (Residential Planned Development (RPD) No. 97 -1; Archstone Communities). Staff Recommendation: Approve Agreement regarding Acquisition of Property subject to final language approval of the City Manager and City Attorney, and authorize the City Manager to sign it. O. Consider Approval of Final Map for Phase 1 of Tract 4928 located East of Grimes Canyon Road and West of Walnut Canyon Road (Toll Brothers, Inc.). Staff Recommendation: 1) Approve Final Map for Phase 1 of Minutes of the City Council Moorpark, California Page 18 July 18, 2001 Tract 4928, including the offers of dedication authorizing the abandonment of offers of dedication, access rights and easements shown thereon; 2) authorize the Mayor and City Clerk to sign the Final Map; and 3) Authorize recordation of Final Map for Phase 1 of Tract 4928. P. Consider Approval of Final Map for Phase 2 of Tract 4928 located East of Grimes Canyon Road and West of Walnut Canyon Road (Toll Brothers, Inc.). Staff Recommendation: 1) Approve Final Map for Phase 2 of Tract 4928, including the offers of dedication, rejecting the offer of dedication of the 41 feet wide reservation for future road easement and authorizing the abandonment of offers of dedication, access rights and easements shown thereon; and 2) authorize the Mayor and City Clerk to sign the Final Map; and 3) Authorize recordation of Final Map for Phase 2 of Tract 4928. The following item was pulled for individual consideration: E. Consider City of Moorpark General Plan Annual Report - Including Housing Element Progress Report for Year 2000. Staff Recommendation: Receive and File the report. Councilmember Mikos discussed an e -mail she had transmitted to staff, which included her recommended revisions. In response to Councilmember Mikos, Mr. Loftus stated that there are alternatives to achieving the City's fair share of the regional housing needs without Specific Plan No. 8. Councilmember Mikos stated it is important that staff clarify what Mr. Loftus had stated in the report. Councilmember Millhouse asked that the City Attorney review the language proposed by Councilmember Mikos. Mayor Pro Tem Harper stated that he concurred with continuing this item and having staff revise the report. Minutes of the City Council Moorpark, California Page 19 July 18, 2001 Mr. Kueny suggested that an alternative would be to direct staff to incorporate the recommended revisions, subject to final language approval of the City Attorney, and to receive and file the report. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to direct staff to incorporate the recommended revisions, subject to final language approval of the City Attorney, and to receive and file the report. Councilmember Millhouse stated that although he seconded the motion he would like to see the revised version. Mr. Kueny suggested that the maker of the motion and the second rescind the motion and then direct that the item come back on the August 1 meeting Consent Calendar. Councilmembers Mikos and Millhouse concurred with rescinding the motion. CONSENSUS: By consensus, the Council determined to continue the item to the August 1, 2001 meeting Consent Calendar, and directed that the City Attorney review Councilmember Mikos's requested language changes to the General Plan Annual Report. 12. ORDINANCES: None. 13. CLOSED SESSION: None was held. 10. PRESENTATION /ACTION /DISCUSSION: H. Consider Adoption of an Interim Ordinance Enacting for a Period of Forty -five Days a Moratorium on the Issuance of Permits for Construction or Placement of Wireless Telecommunications Facilities in the City, and Declaring the Urgency Thereof. Staff Recommendation: Adopt Interim Ordinance No. (ROLL CALL VOTE REQUIRED: 4 /5ths affirmative vote) Minutes of the City Council Moorpark, California Page 20 July 18, 2001 CONSENSUS: By consensus, the Council determined to continue this item to a Special Meeting to be held on July 19, 2001, at 6:30 p.m. 14. ADJOURNMENT: MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to adjourn the meeting. The motion carried by voice vote 3 -0, Mayor Hunter and Councilmember Wozniak absent. The time was 9:46 p.m. �1 / ATTEST: Deborah S. Traffenst dt City Clerk