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HomeMy WebLinkAboutMIN 2001 1219 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California December 19, 2001 A Regular Meeting of the City Council of the City of Moorpark was held on December 19, 2001, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Pro Tem Mikos called the meeting to order at 7:00 p.m. 2. INVOCATION: Pastor Dave Wilkinson, Moorpark Presbyterian Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: John Libiez, Allegiance. 4. ROLL CALL: Present: Absent: Planning Manager, led the Pledge of Councilmembers Harper and Wozniak, and Mayor Pro Tem Mikos. Councilmember Millhouse and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Kenneth C. Gilbert, Public Works Director; Mary K. Lindley, Community Services Director; Captain Robert LeMay, Sheriff's Department; Walter Brown, City Engineer; John Brand, Senior Management Analyst; Nancy Burns, Senior Management Analyst; John Libiez, Planning Manager; Joseph F. Fiss, Principal Planner; Deborah Traffenstedt, Assistant to City Manager /City Clerk /Acting Community Development Director, and La -Dell VanDeren, Deputy City Clerk. Minutes of the City Council Moorpark, California Page 2 December 19, 2001 S. PROCLAMATIONS AND COMMENDATIONS: A. City Manager's Monthly Report. Mr. Kueny deferred the monthly report due to the length of the agenda. 6. PUBLIC COMMENT: Gerald Goldstein, a Moorpark resident, commented on a recent Fire Department training session and the possible effect on air quality, enforced cleanup at his residence, and the duration of the traffic signal lights at Los Angeles Avenue. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Pro Tem Mikos stated that Item 9.C. would be moved to the end of the meeting following the Consent Calendar because it requires a 4 /5th's vote. Councilmember Harper requested that Item 9.E. be discussed before Item 9.A. CONSENSUS: By consensus, the City Council determined to reorder the agenda to discuss Item 9.E. before Item 9.A., and discuss Item 9.C. after the Consent Calendar. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Pro Tem Mikos requested a future agenda item regarding what options the City could explore to establish a more formal working relationship with the Santa Monica Mountains Conservancy. Councilmember Harper requested a report on the status of a City Habitat for Humanity Project as a future agenda item. He also requested that staff contact Gene Kjellberg at the County of Ventura and provide an update on the County Open Space Conservation District. Mayor Pro Tem Mikos concurred. Mayor Pro Tem Mikos invited teens to participate in the following events: 1) Moorpark "After Dark Dance" on January 4, 2002 from 7 :00 p.m. to 10:00 p.m., at the Arroyo Vista Recreation Center; 2) "Skate Board Contest" on January 9, Minutes of the City Council Moorpark, California Paqe 3 December 19, 2001 2002, from 3:30 p.m. to 4:30 p.m., at the Arroyo Vista Skate Park; 3) "Snowboard and Ski Day" on January 28, 2002 from 6:00 a.m. to 6:00 p.m., at the Mountain High Ski Resort. Mayor Pro Tem Mikos encouraged residents to donate new and used blankets to the "Winter Warm- a -Thon Blanket Drive," which is coordinated by the Moorpark Teen Council and Teens for Humanities. She announced that curbside Christmas tree recycling would be provided on regularly scheduled rubbish collection days from December 26, 2001, to January 11, 2002. She noted, however, that collection of regular rubbish would be delayed by one day during the week after Christmas Day and New Year's Day. 9. PUBLIC HEARINGS: E. Consider Report and Recommendation of the Affordable Housing /Community Development Committee Concerning General Plan Pre - Screening Application for U.S.A. Properties Fund, Inc. (General Plan Amendment Pre - Screening Application No. 2001 -01). Staff Recommendation: 1) Open public hearing, receive testimony, and close public hearing; and 2) Authorize U.S.A. Properties Fund, Inc. to submit a General Plan Amendment application and authorize concurrent processing of all necessary applications to develop the senior housing project. Mr. Fiss gave the staff report. Mayor Pro Tem Mikos opened the public hearing. John Newton, 165 High St., Suite 103, Moorpark, CA, representing U.S.A. Properties, expressed his concurrence with the staff report and recommendation. He reviewed the cost elements and the State's schedule on the tax bond allocations. Councilmember Harper stated that the project is an excellent land use and that there is a tremendous need for senior housing. He further stated that the Affordable Housing /Community Development Committee recommends that the City Council allow this particular application to go forward. Mayor Pro Tem Mikos closed the public hearing. Minutes of the City Council Moorpark, California Page 4 December 19, 2001 MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to authorize U.S.A. Properties Fund, Inc., to submit a General Plan Amendment application and authorize concurrent processing of all necessary applications to develop the senior housing project. The motion carried by voice vote 3 -0, Mayor Hunter and Councilmember Millhouse absent. A. Consideration of Certification of Final Environmental Impact Report (SCH- 1994081075), General Plan Amendment No. 99 -01, Zone Change No. 99 -01, Residential Planned Development No. 99 -02 and Vesting Tentative Tract Map No. 5187, to Develop 250 Single- family Homes on a Portion of a 350 -acre Site, Located on the West Side of Walnut Canyon Road, Approximately 3,500 feet North of Casey Road. Applicant: West Pointe Homes. (Continued Open Public Hearing from City Council Meeting of December 5, 2001.) Staff Recommendation: 1) Continue to accept public testimony and close the public hearing; 2) Adopt Resolution No. 2001 - certifying the Final Environmental Impact Report (SCH 1994081075) for the North Ranch at Moorpark development project (West Pointe Homes); 3) Adopt Resolution No. 2001- approving General Plan Amendment 99 -01 for the North Ranch at Moorpark development project (West Pointe Homes); 4) Introduce Ordinance No. for first reading adopting Zone Change 99 -01 for the North Ranch at Moorpark development project; and 5) Adopt Resolution No. 2001 - approving Vesting Tentative Tract Map 5187 and Residential Planned Development Permit No. 99 -02 for the North Ranch at Moorpark development project, subject to conditions as contained therein, and authorize the City Manager to make final corrections in language. Mr. Libiez gave the staff report and recommended that the public hearing be continued to January 16, 2002, to allow staff sufficient time to complete the necessary revisions to the project and conditions of approval, pursuant to City Council direction. Mayor Pro Tem Mikos announced that the public hearing was still open. In response to Councilmember Harper, Mr. Kueny replied that the final Environmental Impact Report (EIR) was Minutes of the City Council Moorpark, California Page 5 December 19, 2001 received yesterday and suggested that the public hearing be left open in order to give the public an opportunity to comment on the project. He recommended that the City Council take action on the EIR and all other items at the January 16, 2002, meeting. Vince Daly, 31304 Via Colinas, Westlake Village, CA, representing West Pointe Homes, stated that he and his colleagues were available to answer any questions. He discussed the history of "A" Street with emphasis on traffic impact, and providing service above Level C. Mr. Daly noted that other improvements were made to the project based on the public comments received. He reviewed the road design changes and the contour grading that was necessary for achieving a feeling of a local road rather than a major thoroughfare. Mr. Daly referred to page 2, Item #9a, options #2 and #3 of the staff report, and stated that #2 would provide for the 84 -foot right -of -way, and #3 would provide for the 12 -foot lanes. In response to Councilmember Harper, Mr. Daly stated that the right -of -way could be increased to 92 feet, but that by doing so would create a condition steeper than the recommended 5 to 1 slope, which is relatively flat. He stated that the recommended 84 -foot right - of -way would allow for four lanes of traffic, if desired. Mr. Daly suggested that the lanes could be configured so that there are two 8 -foot outside breakdown or multi -use lanes, and in the interim, two 14 -foot inside lanes and a 14 -foot median. He added that later the right -of -way could be reconfigured to have four 12 -foot lanes with a slightly modified center median. Mr. Daly stated that the 84 -foot right -of -way would cover option No. 2 and a portion of option No. 3, depending on whether the City wishes to have four lanes. In response to Councilmember Harper, Mr. Daly stated that adding landscape and stamped concrete to the center median could be excessive for the area since the traffic would be less than that on Tierra Rejada. He concurred that the landscaping could be upgraded, but recommended that it be limited to the gate entrances and the connector road to the other project. Minutes of the City Council Moorpark. California Pacie 6 December 19, 2001 Mr. Kueny stated that the changes to the right -of -way relate to the proposed grading changes needed to the Tentative Map. He indicated that the key questions are: 1) what can be accomplished in the right -of -way; and 2) what compromises are needed there or in the grading that is being proposed. Fred Cunningham, Traffic Engineer for the applicant, stated that the traffic study addresses the changes necessary for the additional right -of -way requirements for a four -lane road. He discussed the cross sections that expand the right -of -way to 84 feet, which does not include the 12 -foot trail on the northern side. He explained that the slopes had to be changed and a lot relocated to accommodate two catch basins located on Walnut Canyon Road. Mr. Cunningham described the relocation of certain lots and changes to slopes due to the expansion of roadway. He further discussed the changes in design speed, noting that the character of the road changes dramatically. In response to Mayor Pro Tem Mikos, Mr. Cunningham agreed that vehicles would travel faster on a four - lane road. In response to Councilmember Wozniak, Mr. Cunningham stated that the line of sight of the 80 -foot slope, which will be created by moving the three houses, would not create a visual impact from Walnut Canyon Road. He explained that, since "A" Street is at a 30- foot elevation and the pads are located above that, the line of sight would be visually mitigated and would hide the slope. In response to Councilmember Wozniak, Mr. Daly stated that the expansion of the right -of -way adds cost to the project and that reducing the number of houses, even by three, to further reduce the visual impacts, would not be viable. He asked for a chance to report back with a more visually acceptable project. In response to Councilmember Harper, Mr. Daly discussed the ramifications of removing one or two houses and widening the slope. He stated he would come back with alternatives and more ideas with respect to the street widening and landscaping. Minutes of the City Council Moorpark, California Paae 7 December 19, 2001 In response to Councilmember Mikos, Mr. Daly stated that he would work with City Staff to address City Council concerns regarding the landscaping. Mayor Pro Tem Mikos reported that there was favorable public comment received at the Wildlife Conservation Board public hearing held last night with regard to this project and the potential dedication of 200 -plus acres of open space. She also reported that the project was discussed at a recent Santa Monica Mountains Conservancy meeting where they voted in favor of accepting the dedication should the Wildlife Conservation Board, City of Moorpark, and the applicant come to some agreement with regard to the project. In response to Councilmember Harper, Mayor Pro Tem Mikos stated that the approval should be contingent upon mutual agreement of the parties involved regarding open space dedication. She stated that the Santa Monica Mountains Conservancy is willing to structure what works best for all. Mr. Kueny stated that staff and the City Council Development Agreement Ad Hoc Committee recommended that the City should control the property. He noted that ownership was not conditioned in the Draft Development Agreement; however, the Committee recommends that the City should own the land in fee and not take possession until after the last unit is occupied. Mr. Kueny stated that the City could contract with the Conservancy to manage and maintain the open space, but ultimately the City would own and control the property. Mayor Pro Tem Mikos conveyed the importance of maintaining an open dialogue with the Conservancy, and reiterated her previous recommendation to formalize the process for future acquisitions. Councilmember Harper stated that he agrees that the City should control the uses of the property. He expressed his willingness to work with the Conservancy; however, he wants the City to have final discretion with the use. Minutes of the City Council Moorpark, California Paqe 8 December 19, 2001 In response to Mr. Kueny, Mr. Daly stated that the statute governing the Wildlife Conservation is extremely broad with regard to public open space. He confirmed that the property is committed to the City. Mayor Pro Tem Mikos stated that the Wildlife Conservation Board is not in conflict with the City's desires. CONSENSUS: By consensus, the City Council determined to continue the public hearing to January 16, 2002, with the public hearing open, and to direct staff and the applicant to provide more information on line of sight from grading, landscaped median for "A" Street, and tax credit for open space dedication. In response to Mr. Daly about the road width, Mr. Kueny recommended that the Council keep options open regarding right -of -way width for "A" Street and that staff needed an opportunity to look at circulation. He stated the final map did not need to be delayed. He discussed adding language in the Development Agreement regarding "A" Street. He discussed a tentative schedule of approval for the project should the City Council decide to close the public hearing at the January 16, 2002, meeting. He added that the first reading of the ordinances approving the zoning and Development Agreement, and certification of the Final EIR could be done on January 16. Mr. Kueny stated that the resolutions for the Tentative Tract Map, RPD, and General Plan Amendment and second reading of the ordinances could be scheduled for the first meeting in February 2002. In response to Councilmember Harper, Mr. Kueny stated that the applicant had agreed to provide a Seismic Disclosure Document and that staff would confirm that the condition was added. Mr. Montes stated that the City Attorney's office would review the applicant's submittal regarding seismic disclosure. B. Consider Adoption of Ordinance for Approval of Development Agreement No. 2001 -01 for West Pointe at North Ranch (General Plan Amendment 99 -01, Zone Change 99 -01, Residential Planned Development 99 -02 and Minutes of the City Council Moorpark, California Page 9 December 19, 2001 Vesting Tentative Tract Map 5187) on the Application of West Pointe Homes, Inc. (Continued Open Public Hearing form City Council Meeting of December 5, 2001.) Staff Recommendation: 1) Take public testimony and close public hearing; and 2) If an approval decision is made on the related West Pointe project, introduce Ordinance No. for first reading, approving Development Agreement No. 2001 -01. Mr. Kueny gave the staff report. Mayor Pro Tem Mikos announced that the public hearing was still open. Vince Daly stated he was available for questions. CONSENSUS: By consensus, the City Council determined to continue the public hearing to January 16, 2002, with the public hearing open. D. Consider the Appeal of Planning Commission Decision on Appeal 2001 -05, Appealing Various Conditions Established by the Director of Community Development for Approval of Administrative Permit No. 2001 -10, to Allow a Second Dwelling Unit at 6086 Gabbert Road. (Applicant: Cindy Hollister) . Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2001- , sustaining the Planning Commission decision to Deny Appeal No. 2001 -05. Mr. Libiez introduced Joe Fiss who gave the staff report. In response to Mayor Pro Tem Mikos, Mr. Libiez stated that the applicant did not specify which specific changes in the conditions or documentation she is appealing. Mayor Pro Tem Mikos opened the public hearing. Cindy Hollister, applicant and Moorpark resident, spoke about the history of her second dwelling issues and outlined the history of her appeal. Jayla Rogers Haxton, a Moorpark resident, spoke in support of the Hollister property issue. She also Minutes of the City Council Moorpark, California Paae 10 December 19, 2001 conveyed her concern regarding selective code enforcement. Colin Velazquez, a Moorpark resident, spoke in support of the applicant, noting that Ms. Hollister had improved the property. James Hartley, a Moorpark resident, spoke in support of the applicant and asked that she be treated fairly. AT THIS POINT in the meeting a recess was declared. The time was 8 :47 p.m. The City Council meeting reconvened at 9:06 p.m. Mayor Pro Tem Mikos closed the public hearing. In response to Councilmember Harper, Mr. Montes explained that structures designated as a legal nonconforming use under the code can be kept in place and operational; however, voluntary removal of the structure terminates the legal nonconforming status, and any substitute structure would have to comply with existing codes. He further explained that a Conditional Use Permit does not typically approve structures, but a use may be continued and maintained consistent with the conditions of the permit. Mr. Libiez stated that he could not corroborate the assertion that the applicant was informed that the only permit needed was the $49.00 zone clearance permit. He explained that a second dwelling unit requires an administrative permit. Mr. Libiez further explained the difference between a primary and secondary dwelling unit and that the code specifically states that the secondary unit shall not exceed 300 of the floor area of the primary unit. He noted that the last revision made by the applicant's architect showed the primary unit to be 3,850 square feet, which would allow for a 792 square foot secondary unit. In response to Councilmember Harper, Mr. Libiez agreed to contact and interview Mr. Malin, prior Assistant Planner, with regard to the initial instructions to the applicant. He stated that staff could not Minutes of the City Council Moorpark, California Page 11 December 19, 2001 determine the square footage of the primary unit without permission from the applicant. Ms. Hollister stated that the current mobile home is 524 square feet and her residence is approximately 1,732 square feet, including the basement. Mr. Libiez stated that the date of the manufacturing for the mobile home is older than 1976, and that although the unit was painted and dressed up, it does not qualify as a legal structure under the Zoning Code. He stated there are numerous safety tests that are mandated for a secondary unit that this unit does not meet. In response to Councilmember Wozniak, Mr. Libiez stated that there was a previous mobile home on the property; however, its use was not known. Mrs. Hollister stated that she had a copy of the original Zoning Clearance, which refers to a Conditional Use Permit. She stated there is no mention of a problem with a mobile home on the property; however, there is a mention of a doublewide on the property. In response to Councilmember Wozniak, Mr. Libiez stated that staff needed to investigate whether there were one or two lots. In response to Mayor Pro Tem Mikos, Mr. Libiez confirmed that there are two Assessor Parcel numbers. Councilmember Harper stated that the square footage of the primary unit would be irrelevant, if there were two lots. Mr. Montes stated that if Ms. Hollister is not leasing the structure from the property owner, but is purchasing it from the prior tenant, then the property owner might not have any obligation for notification regarding the legality of the structure. Mr. Libiez stated that the Parcel Map did not record for the second lot and that there is only one lot based on information from the applicant's attorney. In response to Councilmember Harper, Mr. Montes stated that the City generally has immunity, but if the City intentionally violates the code and approves a non- conforming structure then the City could lose its Minutes of the City Council Moorpark, California Paae 12 December 19, 2001 immunity. He stated that the Uniform Building Code was intended to protect public health and safety. Mr. Libiez stated that the method of construction changed after 1976. Mr. Montes confirmed that this would set a precedent. Mr. Kueny recommended that the matter be continued to January 16, 2002, and that the City Attorney be directed to report back on the issues raised and to provide the City Council with options. In response to Councilmember Harper, Ms. Hollister requested that the public hearing be reopened. She agreed to a continuance of the public hearing and also agreed to meet with Mr. Fiss to schedule a time for someone from the City to measure the primary dwelling unit. CONSENSUS: By consensus, the Council determined to reopen the public hearing. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to: 1) Continue the public hearing to January 16, 2002; 2) direct staff and the City Attorney to review and develop options; and 3) staff was directed to measure the exterior of the primary unit. The motion carried by voice vote 3 -0, Mayor Hunter and Councilmember Millhouse absent. F. Consider a General Plan Amendment to Adopt Revised Housing Element 2000 -2005; General Plan Amendment 2000 -02; Applicant: City of Moorpark. Staff Recommendation: 1) Open the public hearing, receive testimony, and close the public hearing; 2) Adopt the Negative Declaration for the Housing Element; and 3) Adopt Resolution No. 2001 -1923 adopting a Revised Housing Element. Mr. Libiez gave the staff report. Mark Hoffman, Cotton /Bridges /Associates, Inc., the City's Housing Element consultant, summarized the preparation of the Housing Element document and provided a brief overview. Minutes of the City Council Moorpark, California Page 13 December 19, 2001 Mayor Pro Tem Mikos opened the public hearing. Eileen McCarthy, Staff Attorney Rural Legal Assistance, Inc., 338 CA, commented on the housing elE County of Ventura. She asked the look at ways to provide Affordable for farm workers. for the California S. "A" St. , Oxnard, ,ment issues in the city of Moorpark to Housing in the City Mayor Pro Tem Mikos closed the public hearing. In response to Councilmember Harper, Mr. Libiez replied that the 2000 census data was not available when the completion of the Housing Element was mandated. Mr. Kueny stated that the City Council could use the latest data when the Housing Element is updated in three years. In response to Councilmember Harper, Mr. Libiez stated that any substantive changes to the Housing Element would have to be submitted to the State of California Department of Housing and Community Development for review. Mr. Libiez noted that minor changes could be incorporated at the staff level. In response to Mayor Pro Tem Mikos, Mr. Hoffman replied that additional policies could be added. Councilmember Harper stated that staff should go forward with revisions as mentioned with final language approval by the City Manager. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adopt the Negative Declaration for the Housing Element, and adopt Resolution No. 2001 -1923 approving a Revised Housing Element and direct staff to make the minor technical and typographical corrections needed to make the document accurate. The motion carried by voice vote 3 -0, Mayor Hunter and Councilmember Millhouse absent. Minutes of the City Council Moorpark, California Page 14 December 19, 2001 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Affordable Housing Implementation and Rental Restriction Plan and Affordable Housing Agreement for Archstone Communities (RPD 97 -1). Staff Recommendation: 1) Approve the Affordable Housing Implementation and Rental Restriction Plan; and 2) Approve the Affordable Housing Agreement, subject to final language approval by the City Manager, City Attorney, and Special Legal Counsel. Ms. Burns gave the staff report. In response to Councilmember Harper, Ms. Burns stated the sunset agreement is the life of the project. In response to Councilmember Harper, Mr. Kueny stated that the provision in the Development Agreement requires the developer to provide equivalent affordability if the rental units are converted to for -sale units. Ms. Burns referred to page 6 of the staff report and read the agreement termination language. In response to Councilmember Harper, Mr. Montes replied that, if the property were to be converted to an owner - occupied property, he does not see language in the agreement that states that the affordability requirements are retained. Councilmember Harper stated that he wants to make sure the language is included in the agreement. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to amend the staff recommendation to: 1) Include language in the Affordable Housing Agreement to clarify that the apartments cannot be converted to for - sale units; 2) approve the Affordable Housing Implementation and Rental Restriction Plan; and 3) approve the Affordable Housing Agreement, subject to final language approval by the City Manager, City Attorney, and Special Legal Counsel. The motion carried by voice vote 3 -0, Mayor Hunter and Councilmember Millhouse absent. Minutes of the City Council Moorpark, California PaQe 15 December 19, 2001 B. Consider Solid Waste Collection Rate Adjustment and Franchise Agreement Modification. Staff Recommendation: 1) Approve an Amendment to the existing Franchise Agreements with Moorpark Rubbish Disposal and GI Industries, with a revised Exhibit "H," making certain changes to the rate calculation methodology, subject to final language approval by the City Manager and City Attorney; and 2) Adopt Resolution No. 2001 -1924, which updates the Solid Waste Collection Fees, effective January 1, 2002, rescinds and replaces last year's rate Resolution No. 2000 -1799, and replaces Exhibit "G" of the Franchise Agreements with a new rate schedule, effective January 1, 2002. Mr. Brand gave the staff report. Gerald Goldstein, a Moorpark resident, discussed trash removal from his residence and conveyed concerns about service and rates. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to: 1) Approve an Amendment to the existing Franchise Agreements with Moorpark Rubbish Disposal and GI Industries, with a revised Exhibit "H," making certain changes to the rate calculation methodology, subject to final language approval by the City Manager and City Attorney; and 2) Adopt Resolution No. 2001 -1924, which updates the Solid Waste Collection Fees, effective January 1, 2002, rescinds and replaces last year's rate Resolution No. 2000 -1799, and replaces Exhibit "G" of the Franchise Agreements with a new rate schedule, effective January 1, 2002. The motion carried by roll call vote 3 -0, Mayor Hunter and Councilmember Millhouse absent. 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion for approval of the Consent Calendar. The motion carried by roll call vote 3 -0, Mayor Hunter and Councilmember Millhouse absent. A. Consider Approval of Minutes of Special Meeting of November 13, 2001. Minutes of the City Council Moorpark, California Page 16 December 19, 2001 Consider Approval of Minutes of Special Meeting of the City Council, Redevelopment Agency and Public Finance Authority of November 13, 2001. Consider Approval of Minutes of Special Meeting of December 5, 2001. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of Warrant Register for Fiscal Year 2001 -2002 - December 19, 2001. Manual Warrants 107879 - 107887 $30,785.03 Voided Warrant 107623 $ (141.00) Payroll Liability 107870 - 107878 $10,926.52 Warrants Regular Warrants 107888 - 107959 $20,345.66 Staff Recommendation: Approve the warrant register. C. Consider Letter of Support Authorizing Submittal b the County of Ventura of a Two -Year (2002/2004) Regional Used Oil Opportunity Grant Application to the California Integrated Waste Management Board. Staff Recommendation: Authorize the Mayor to sign a letter of support for a Regional Used Oil Recycling Opportunity Grant. D. Consider Authorizing the City Manager to Sign an Extension to the Revised Agreement with the Planning and Consulting Firm of Cotton /Bridges /Associates, Inc. (previously Cotton /Beland /Associates) for the Update of the Housing Element of the General Plan. Staff recommendation: Authorize the City Manager to extend the term of the Agreement for Professional Services to February 28, 2002, with further authority to extend the term as deemed necessary. E. Consider Amendment to Memorandum of Agreement (MOA) with Service Employees International Union AFL -CIO, CLC Local 998 Pertaining to adding a December 31 Holiday. Staff Recommendation: Authorize the City Manager to approve the Addendum to the MOA to add a Minutes of the City Council Moorpark, California Page 17 December 19, 2001 December 31 holiday when such date falls on a Monday, with the final language of the Addendum to be approved by the City Manager. F. Consider the Report Titled "Accounting of Fund Information as Required by Section 66006 of the California Government Code for Fiscal Year 2000/2001" and Receive and File Said Report. Staff Recommendation: Receive and file said report. G. Consider a Resolution Rescinding Resolution No. 91 -748 and Revising or Reestablishing Certain Parking Restrictions on Mountain Meadow Drive. Staff Recommendation: Adopt Resolution No. 2001 -1925. H. Consider Selection of Design Consultant for the Traffic Signal Interconnect Project. Staff Recommendation: Authorize the City Manager to execute contract documents for the consultant services described in the agenda report, said services not to exceed the costs and contingencies set forth in this report. I. Consider a Resolution Amending City Council Policies to Add Provisions for the Pre - Qualification of Bidders, and Rescinding Resolution NO. 99 -1671. Staff Recommendation: Adopt Resolution No. 2001 -1926. J. Consider Request from Carlsberg Ranch (Tracts 4973 & 4974) for the Reimbursement of Developer Costs for the Construction of Certain Improvements Funded by the Spring Road /Tierra Rejada Road Area of Contribution (STR AOC). Staff Recommendation: Authorize staff to reimburse Conejo -Simi Properties $625,109.60 for street improvements constructed on behalf of the City, said payment to be made upon receipt of payment of Spring Road /Tierra Rejada Road AOC fees by one or more developers of the Commercial /Industrial property located at the southeast and southwest corners of New Los Angeles Avenue and Miller Parkway. K. Consider Caltrans /Amtrak Small Capital Improvement Grant for a Shelter and Benches at Moorpark Station, and Resolution No. 2001 -1927 to Amend the Fiscal Year 2001 -2002 Transit Budget Accepting the Grant Revenue and Appropriation of Funds. Staff Recommendation: Adopt Resolution No. 2001 -1927, amending the Fiscal Minutes of the City Council Moorpark, California Paae 18 December 19, 2001 Year 2001 -2002 Transit Budget to reflect the grant of $21,600 for improvements at Moorpark Station. L. Consider Off- Street Parking Improvements for Miller Park. Staff Recommendation: Direct that no parking improvements be undertaken for Miller Park. M. Consider Approval of a Resolution Authorizing the Destruction of Certain Records. Staff Recommendation: Adopt Resolution No. 2001 -1928. N. Consider Two Resolutions Extending Franchise Agreements for Cable Television Services with Adelphia Communications Corporation. Staff Recommendation: 1) Adopt Resolution No. 2001 -1929 (Moorpark System), and 2) Adopt Resolution No. 2001 -1930 (Mountain Meadows). 0. Consider Approval of Easement Agreement for the Granite Fountain Project at the Northwest Corner of Tierra Rejada and Mountain Trail and the Dedication of the Public Art Site to the Victims and Heroes of the September 11 Terrorist Attacks on the United States. Staff Recommendation: 1) Approve the Easement Agreement with Moorpark Partners, LLC., subject to final language approval by the City Manager; and 2) Direct staff to develop the appropriate September 11, 2001 dedication message for review by the City Council. P. Consider Approval of the 2002 Agreement for Services with the Moorpark Chamber of Commerce. Staff Recommendation: 1) Authorize the City Manager to sign the 2002 Agreement for Services between the City of Moorpark and the Moorpark Chamber of Commerce; and 2) Authorize funds provided by the City based on this agreement, to be released upon its approval by the City Council. Q. Consider Resolution Adopting Revised Deferred Compensation Plan and Rescinding Resolution No. 98- 1532. Staff Recommendation: Adopt Resolution No. 2001- 1931, amending the City of Moorpark Deferred Compensation Plan and Trust with National Deferred Compensation and rescinding Resolution No. 98 -1532. Minutes of the City Council Moorpark, California Page 19 9. PUBLIC HEARING (continued) December 19, 2001 C. Consider the Status of Interim Prohibition of Wireless Telecommunications Facilities and Extension of Ordinance No. 272 and Amendment of Ordinance No. 273, Enacting a Moratorium on the Issuance of Permits for Construction or Placement of Wireless Telecommunications Facilities. Staff Recommendation: 1) Open the public hearing, take public testimony, and close public hearing; and 2) Adopt Ordinance No. extending Ordinance No. 272 and amending Ordinance No. 273, enacting a moratorium on the issuance of permits for construction or placement of Wireless Communications Facilities in the City and declaring the urgency thereof. Mayor Pro Tem Mikos opened the public hearing. There being no one wishing to speak, Mayor Pro Tem Mikos closed the public hearing. Ms. Traffenstedt gave the staff report noting a change to the date recommended for extension of the moratorium from April 14 to April 18 to allow for a second meeting in April if needed. She stated that a letter was received from AT &T supporting the extension of the moratorium. Mr. Kueny suggested adjourning this item to December 20 due to lack of a voting quorum for the ordinance adoption. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to continue the item with the public hearing open to an adjourned meeting on December 20, 2001, at 6:00 p.m. due to a lack of quorum to adopt the ordinance, which requires a 4/5's vote. The motion carried by voice vote 3 -0, Mayor Hunter and Councilmember Millhouse absent. 12. ORDINANCES: None. 13. CLOSED SESSION: None was held. Minutes of the City Council Moorpark, California Paae 20 December 19, 2001 14. ADJOURNMENT: Mayor Pro Tem Mikos adjourned theieeting at 10;,40 O.m. r Ratrick Hunt e ayor ATTEST: 5. Deborah S. Traffenst City Clerk