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HomeMy WebLinkAboutMIN 2004 0519 CC REGMINUTES OF THE CITY COUNCIL Moorpark. California Mav 19, 2004 A Regular Meeting of the City Council of the City of Moorpark was held on May 19, 2004, 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 7:16 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Mikos led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Kenneth Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Cynthia Borchard, Administrative Services Director; Brad Miller, City Engineer; Captain Richard Diaz, Sheriff's Department; John Hartnett, Recreation Manager; Nancy Burns, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation Acknowledging May 16th to May 22nd as National Public Works Week. Mayor Hunter presented the Proclamation to Ken Gilbert, Public Works Director. Mr. Gilbert thanked the Council and stated the Public Works Department employees are an essential asset to the Moorpark Community since they enhance the quality of life by designing, building, and maintaining the infrastructure. Minutes of the City Council Moorpark, California Page 2 May 19, 2004 B. City Manager's Monthly Report. Mr. Kueny introduced Barry Hogan, Community Development Director, who gave the monthly report. Mr. Hogan described the various projects the four different Divisions of the Community Development Department have been working on including the following projects: the Moorpark Marketplace, Los Angeles /Spring Road Shopping Center, M &M Development, Nearon Enterprises, North Park Village, Hitch Ranch, Pardee Homes, Moorpark Country Club Estates, and Shea Homes. He continued by listing work performed on the following: conversion of the General Plan Land Use and Circulation Element maps to digital format, Parking and Entitlement Ordinances, establishment of a Development Review Committee, completion of Submittal Requirement updates and a Universal Application, all of which are available on the new website, and updates to various brochures. In response to Councilmember Mikos, Mr. Hogan stated his PowerPoint presentation will run periodically on Government Channel 10; and at this time, the City's new website cannot accommodate a PowerPoint presentation; however individual slides would be viewable. Councilmember Harper stated since Mr. Hogan has come to the City, he has heard nothing but uniformly positive comments about the Community Development Department staff and their dealings with the public. 5. PUBLIC COMMENT: Jorgen Nielsen, newly appointed City representative to the Area Housing Authority, introduced himself and expressed appreciation for the appointment and the opportunity to serve the community. Soodi (Soudabeh Poorhassan), owner of Soodi's Salon in Moorpark, spoke about the expiration of her lease and stated she will be looking for a new location in Moorpark. Mayor Hunter offered Mr. Hogan's assistance in finding a new location. Minutes of the City Council Moorpark, California Pace 3 May 19, 2004 Margie Roblin, a Simi Valley resident, spoke about her patronage of Soodi's Salon and her opposition to the short notice from the lease holder. Kris Smith, an employee at graduate of beauty school, spol< vacate the premises. Councilmember Millhouse stated the community; and even though for the lease holder's action, to help. Soodi's Salon and recent :e in opposition to having to Soodi has been an asset to the City is not responsible the City will do all it can Councilmember Mikos concurred with Councilmember Millhouse and stated the City's Business Relocation and Business Assistance Program is available to Soodi. Councilmember Harper stated the Council is not without some influence; and suggested it might be helpful if the Mayor were to send a letter requesting the property owner take a look at the fairness of this issue and allow the lease to continue until Soodi can relocate to a nearby location. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:36 p.m. The City Council meeting reconvened at 7:39 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos congratulated the Moorpark Symphony Orchestra for their outstanding performance of Beethoven's 9th Symphony on May 7, 2004, at the Oxnard Performing Arts Center. Councilmember Mikos announced an eight -mile hike in Happy Camp Regional Park on May 29, from 9:00 a.m. to 3:30 p.m. from the north end of Campus Park Drive to the top of Big Mountain for a view into the canyon of the fire recovery area. Minutes of the City Council Moorpark, California Page 4 May 19, 2004 Councilmember Parvin congratulated the Moorpark Educational Foundation on their first fund raising event on May 15, which raised $17,000.00 to benefit Moorpark schools. Mayor Hunter announced the Moorpark Beach Bus will make two trips per day to Zuma Beach on Tuesdays and Thursdays, June 15 through August 31. The Beach Bus picks up at City Hall, Arroyo Vista Recreation Center, Peach Hill Park, and College View Park. The cost is $1.00 each way, 50� for seniors and the disabled. Mayor Hunter announced Moorpark City Transit Summer Youth Bus Passes are available for purchase. Twenty dollars buys unlimited travel on Moorpark City Transit and the Beach Bus all summer long. The Summer Youth Bus passes -are valid June 1 through September 15, 2004, for those under the age of twenty -one. Summer Youth Bus Passes may be purchased at City Hall and at Arroyo Vista Recreation Center. Mayor Hunter announced the Moorpark Active Adult Center will be holding a sale on Friday, May 21 from 10:00 a.m. to 2:00 p.m. in the Citrus Room where there will be great bargains on craft supplies, furniture and household items with the funds raised to be used to support programs at the Active Adult Center. 8. PUBLIC HEARING: A. Consider Resolution for Conditional Use Permit (CUP) No. 2004 -01 to Allow a Warehouse /Distribution Facility in an Existing Building in the M -1 (Industrial Park) Zone, Located at 5316 Kazuko Court, on the Application of Warren Distributing. Staff Recommendation: 1) Open the public hearing, take public testimony and close the public hearing; 2) Adopt Resolution No. 2004- , approving CUP No. 2004 -01. Mr. Hogan gave the staff report. In response to Council questions, Mr. Hogan stated a manufacturing facility previously occupied this site where noise was generated from a compressor; this applicant has no retail sales and no compressor; the previous tenant did not have a Conditional Use Permit, therefore, there was no provision for a five - minute truck idling restriction; the Planning Commission did not consider a restriction prohibiting truck idling; Minutes of the City Council Moorpark, California Page 5 May 19, 2004 this application is for a better use with no outdoor equipment; all incoming deliveries are made by bob- tail trucks along with outgoing trips made by even smaller trucks; the building is 100 -feet or more away from the property line; the standard notification radius of 1,000 -feet did not result in any responses other than Ms. Newberry's; additional landscaping will be added throughout the site; however, landscaping will not be sufficient to provide noise attenuation, which is why a block wall six- to eight -feet in height was required; and he deferred to Ms. Newberry in regard to the number of pickups trucks and deliveries, which generated noise during the previous occupancy. Mayor Hunter opened the public hearing. Brian Weiss, President of Warren Distributing, Inc., 8737 Dice Road, Santa Fe Springs, stated they are agreeable to all conditions applied by the Planning Commission. In response to Council questions, Mr. Weiss stated he would have no objections to a requirement for delivery trucks to shut off their engines rather than let them idle for a period of time; and Saturday hours of operation are from 8:30 a.m. to 1:00 p.m. Dawn Newberry, a Moorpark resident whose home is 50- feet away from the proposed use, stated she has experienced noise pollution from this business park on weekends, holidays, and at other times, which disrupts the quality of her family's life. She stated she was told at the last public meeting on April 20, 2004, the City monitors noise complaints and asked for a weekend phone number for reporting noise violations and /or violations of hours of operation. Ms. Newberry requested, for the record, reassurance that the City will take action if there is non - compliance with the conditions of approval. In response to Mayor Hunter, Ms. Newberry stated she is willing to put up with this use, if Saturday is quiet. She continued by stating when this business park was approved 14 years ago there were no weekend hours allowed and that has not been enforced. Minutes of the City Council Moorpark, California Page 6 May 19, 2004 In response to Councilmember Parvin, Mr. Hogan clarified the Saturday hours of operation are conditioned to begin at 8:00 a.m. not 8:30 a.m. In response to Council questions, Mr. Weiss stated Saturday traffic for the warehouse will only be pickup trucks; the company tries to close on all holidays; the company sells to new car dealers, independent repair shops, and large fleets of municipalities; and they have four delivery vehicles, two visit the site three to four times a day, two travel to and from Thousand Oaks, Simi Valley, and within Moorpark for approximately six to seven trips per day. Councilmember Mikos stated Ms. Newberry's testimony provides notice to the City of problems in this center; and she would like to see staff look at the conditions of approval for these establishments to make sure the center is in compliance with weekend hours. Mr. Hogan stated staff researched the previous approvals and there were no requirements for hours of operation; staff will examine what uses along that joint property line do have Conditional Use Permit requirements and make sure the Code Compliance Officer visits those sites; and he added that at the April 20, 2004, Planning Commission meeting Ms. Newberry referenced, he did indicate that on a periodic schedule within a month, the Code Compliance Officer does work on weekends and it is important for Ms. Newberry to file a complaint so there is a record and the complaints can be investigated. In response to Councilmember Mikos' suggestion that a phone number be made available to record messages over the weekend, Mr. Hogan stated the City's website does contain information imparting the ability to send email to City. Councilmember Millhouse stated this use seems to be less intrusive; the applicant is now aware of the sensitivities of the neighbors; and this is a well -run business, much needed in the community. Minutes of the City Council Moorpark, California Paqe 7 Mav 19, 2004 Mr. Weiss stated although he does not foresee any problems, he would make his home phone number available to Ms. Newberry. Councilmember Harper proposed an amendment to Condition No. 6 to prohibit trucks from leaving their motors running. A discussion followed regarding hours of operation on Saturdays with the consensus to try opening at 8:00 a.m, and then wait to hear from Ms. Newberry concerning noise. Mayor Hunter closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2004 -2191, approving CUP No. 2004 -01, as amended for Condition No. 6 to prohibit truck idling. The motion carried by unanimous voice vote. B. Consider General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01, and Zone Change No. 2001 -02 for 1,650 Housing Units on 3,586.3 Acres Located Generally North of Moorpark College and State Route 118 on Land Immediately Outside City of Moorpark Municipal Boundaries, on the Application of North Park Village LP. Staff Recommendation: Open the public hearing, take public testimony, direct staff to prepare materials appropriate for the schedule in Option 3 of the agenda report, and continue the agenda item with the public hearing open, to June 16, 2004. Mr. Hogan gave the staff report. In response to Councilmember Harper, Mr. Hogan stated the ad hoc committee was set to review the negotiation of the Development Agreement, which is the normal process, unless the Council wishes to expand the scope of their work. Councilmember Harper stated the Development Agreement and the project are closely intertwined and it may be beneficial to work out issues before the summer recess. Minutes of the City Council Moorpark, California Page 8 May 19, 2004 Mr. Hogan concurred with Councilmember Mikos' request to add "Wildlife Movement" as an issue to be included in the Environmental Impact Report in the Biology section. Mayor Hunter opened the public hearing. Kim Kilkenny, representing the applicant, North Park Village, L.P., 680 West Walnut Street, Moorpark, stated this proposal is a better plan than the one presented two and one -half years ago; he appreciates the input from staff and the citizens of Moorpark; North Park Village LP supports staff's recommendation for the organization of future meeting dates; and he concurs with Councilmember Harper's recommendation for including the Development Agreement in discussions regarding the project. Mr. Kilkenny went on to state, for the public's benefit, the Development Agreement will go to the Planning Commission prior to coming before the City Council for approval; and he offered his phone number, 805 - 378 -1150, where individuals can contact them to set up a tour of the planning area, and made their website www.northparkvillage.net available for any communications. Jim Lovins, Environmental Coordinator for Vintage Petroleum, Inc., 3055 West Pacific Coast Highway, Ventura, stated they are the mineral rights owner and current operator of existing oil and gas production in the project area and have not been contacted by the applicant regarding their future operations. He stated Vintage Petroleum supports staff's Option 3 for the schedule of hearings; recommends including in the discussions of oil wells, access easements and pipeline corridors; and stated they are looking forward to participating in future hearings. David Bagwell, a Moorpark resident, spoke in favor of the Planning Commission's approval of North Park; stated the developer has gone well beyond what is required with the inclusion of open space, a school site, parks, fire station site, and a lake; and he wished North Park success. Mr. Bagwell continued by stating the revenues from property and business taxes generated by this project will benefit Moorpark; he is in favor of Option 3; and hopes the project will move forward quickly. Minutes of the City Council Moorpark, California Paae 9 Mav 19, 2004 Daniel Groff, a Moorpark resident, stated he is satisfied with the North Park process; the one and one -half years of Planning Commission consideration resulted in beneficial changes including the lake trail and the addition of a swim lagoon; and he hopes the Council will move forward in a timely manner. Suzanne Wilson, a Moorpark resident, stated she has many concerns and asked the Council to consider the impacts of this large project in terms of increased population and its effect on existing conditions in Moorpark specifically related to the traffic issues on Los Angeles Avenue, State Routes 23 and 118, and Collins Drive; the over capacity of the Moorpark school system; and the strain on the current infrastructure. She ended her comments, stating many different groups need to coordinate to solve these problems; and urged the City Council to carefully investigate all of the impacts of this project so as not to diminish the quality of life enjoyed now in the city of Moorpark. Jim Stueck, a Moorpark resident, stated that while in attendance at a recent Simi Valley Council meeting, two Simi Valley Councilmembers complimented the city of Moorpark on the landscaping and planning that went into the Tierra Rejada Road improvements; and in talking with the North Park people he sees that same level of commitment to make their project look as good. Mr. Stueck also stated the Planning Commission did a thorough job and improved the project; he is encouraged that the Council will continue that level of development; this will be the last major project in the City; and he looks forward to being able to vote on it. Tom Lucas, a business owner in Moorpark at 12777 Tierra Road, concurred with Mr. Stueck remarks regarding the Tierra Rejada Road area planned community. He thanked the Planning Commission for the many months of work on the North Park project, which will provide local businesses with housing for their employees. Mr. Lucas stated he is in support of this project; is looking forward to the Council making a decision; and the public voting whether they want it or not. Minutes of the City Council Moorpark, California Paae 10 May 19, 2004 Dorothy Ventimiglia, a Moorpark resident, stated for the last 50 -years the property in question has been involved in the extraction and production of oil, which has contaminated the land with numerous toxins; the developer, the City, and governmental agencies including the Division of Gas and Geothermal Resources do not know the extent of this contamination; old procedures utilized in the 19501's through 1970's did not meet today's standards for preventing soil and water contamination; and annexing this property into the boundaries of the City poses a liability issue for the City regarding hazardous material incidents experienced by residents. She cautioned the Council to consider the liabilities incurred at other contaminated properties such as those in Avilla Beach, San Luis Obispo, Huntington Beach, and at Belmont High School in Los Angeles. Ms. Ventimiglia stressed the State and County are running out of money to handle these cleanups of toxic sites so the City may become liable. Cheri Risley Bohnert, a Moorpark resident, spoke in favor of the project, which has infrastructure and services needed on the north part of Moorpark. She urged the Council to approve this beautiful project and get it built. Lina Santelli, a Moorpark resident, thanked the Planning Commission for their hard work and diligence, and thanked North Park for providing opportunities for the public to learn and have questions answered about the project. She thanked the Council for representing what is the best in Moorpark and for providing a well - planned and well - funded City; and stated she hopes the project is put before the voters as soon as possible. Janet Murphy, a Moorpark resident, stated although North Park has performed their legal requirements under CEQA many major issues are still unresolved including: current traffic problems will not be improved; a Circulation Element does not exist for this proposal; possible significant loss of wildlife habitat for flora and fauna; and all the land in North Park area has been proposed by the U.S. Fish and Wildlife Service as a critical habitat destination for the endangered Coastal California Gnatcatcher. She Minutes of the City Council Moorpark, California Page 11 May 19, 2004 continued by stating she is a member of the Save Open Space Santa Susanna Mountains, which is interested in preserving all of this land as natural parkland, possibly a state park; and offered their website stopnorthpark @yahoo.com to contact for more information. Ms. Murphy continued by stating there is not a "housing crisis" in southern California, there is an "affordable housing crisis ", which North Park, with only 150 affordable units does not address. Lisa Leal, a Moorpark resident, thanked the Planning Commission for their consideration of this project and spoke in favor of North Park Village as a fine addition to Moorpark with its lake, the 75% property donation of land to a nature preserve and animal habitat, a freeway on /off ramp in the Campus Park area, a fire station site, a school site, and a helipad, which would have been helpful during the recent fires. She stated she hopes the project will move forward quickly to the voters. Ms. Traffenstedt stated there are six Written Statement cards expressing support for the project and two Written Statement cards expressing opposition to the project; and she summarized the comments. Councilmember Mikos stated she is glad the public is involved and encouraged them to let the Council know everything they are for or against because the Council needs the input in order to make an independent decision. Mayor Hunter stated a similar schedule of meetings was used during the process for Hidden Creek project hearings and it was efficient to have topic specific discussions allowing experts in those fields to be present; and despite the specific topics, this would not preclude the public from speaking on any other North Park subject. Councilmember Harper stated he likes Option 3 which is an aggressive schedule; he would also like to involve the Ad Hoc committee to bring up issues and move the process along quickly; and Moorpark Community College is interested in being included particularly in areas involving traffic and land issues around the school. Minutes of the City Council Moorpark, California Page 12 May 19, 2004 In response to Mayor Hunter, Mr. Hogan stated staff could re- notice the continued open hearings, indicating the schedule each time, along with mailing courtesy notices to residents. Mayor Hunter requested staff, in addition to whatever legal noticing is required, maintain a data base of names for future meeting notifications, adding all individuals who speak publicly at the meetings. In response to Councilmember Harper's request for a schedule of the North Park hearing dates and topics to be provided on Government Channel 10 and a link on the City's new webpage, Mr. Hogan stated the website can provide news briefs and will be utilized more than the old website to carry information regarding North Park. Councilmember Mikos stated the City's new website was just launched and is enhanced to make it easier to locate items; and she hopes it will be updated more expeditiously along with videos of past meetings. Councilmember Parvin stated citizens have asked her why it is going to take the Council so long to get through this project; and she explained the project gets another review by the City Council following the Planning Commission's recommendation. Mayor Hunter, stated there are multiple development projects underway in the City with many departments working hard; the goal will be to move through the North Park process as quickly as possible, while balancing the other workload; and in concurrence with Councilmember Harper' s comments, this is an aggressive schedule, but he feels the Council will be able to adhere to it. In response to Councilmember Harper, Mr. Kilkenny stated they would be happy to provide any color graphics of the project to City staff and will investigate whether they can be made available on the North Park website. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion directing staff to prepare materials appropriate for the schedule in Option 3 of the agenda report, and continue the agenda item with the public Minutes of the City Council Moorpark, California Page 13 May 19, 2004 hearing open, to June 16, 2004. The motion carried by unanimous voice vote. AT THIS POINT in the hearing a recess was declared. The time was 8:55 p.m. The City Council meeting reconvened at 9:19 p.m. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Whether Appliance Sales, Distribution and Warehousing are Commercial Uses in Compliance with the Existing SDI Development Agreement for the Land Located on the East Side of State Route 23, Immediately North and South of New Los Angeles Avenue (Lots 1 and 2 of Tract 5004) . Staff Recommendation: Find that the Distribution Use is not within the Uses of Section 6.k. of the Development Agreement and that the Distribution Use is inconsistent with the General Commercial Land Use and the CPD Zone. Mr. Hogan stated the property owner, Dan Selleck is requesting a continuance to June 2, 2004. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to continue this item to the meeting of June 2, 2004.. The motion carried by unanimous voice vote. B. Consider Ventura County Transportation Commission (VCTC) Ordinance for a One -Half Cent Transportation Sales Tax Proposition. Staff Recommendation: Direct staff as deemed appropriate. Ms. Lindley gave the staff report. She introduced Sue Munday, from the Ventura County Transportation Commission, as available for questions. In response to Council questions, Ms. Lindley stated the expenditure formula for this tax revenue is 40% to be spent on highway projects, 400 on local streets and roads, and the remaining 20% to be spent on transit, Metrolink, and bikeways; the expenditure percentages can be revisited every 10- years; current expenditure of transportation funds in Moorpark for transportation needs is 40% on transit with the remaining 60% for streets and roads; and the last paragraph of Section 7 of the draft ordinance allows for revisions to the percentages of the Expenditure Plan. Minutes of the City Council Moorpark, California PaQe 14 May 19, 2004 Sue Munday, representing the Ventura County Transportation Commission, 950 County Square Drive, No. 107, Ventura, stated the expenditure percentages can be examined every 10 years, without violating what the voters approved, to make sure the ordinance stays up -to -date with transportation needs. Councilmember Millhouse stated, having attended the VCTC meetings, he witnessed the percentage formulation changing to get the vote from certain cities who wanted more local control versus regional control over the transit funds, increasing the percentage from 300 to 40% freeing up more TDA monies to be used for mass transit or whatever service deemed appropriate for each jurisdiction. In response to Council questions, Ms. Munday restated 40% is to be spent on state highways, 40% is designated for local jurisdictions, and 20% is to be used Countywide for regional transit purposes such as Metrolink, bike /pedestrian projects, Vista, or other Countywide transit services; future expenditures for light -rail located along Highway 101 would come out of the 20 %; truck weigh stations would be funded out of the 40% regional, and bike paths would also be from the 20% for transit; it is the intent of the Commission for this to be a balanced plan; the ordinance to be approved by the voters allows for amendments to the plan without holding a General or Special Election; and any changes to the one -half cent sales tax or a renewal of this ordinance after it sunsets in 30 years cannot be accomplished without going to the voters. In response to Mayor Hunter, Ms. Munday and Councilmember Millhouse confirmed the expenditure of the 40% returned to local jurisdictions is unrestricted as long as it has a transportation nexus. In response to Councilmember Harper, Ms. Munday stated the action required of the City Council to affirm placing this on the ballot would be by minute action and recommended a follow -up letter to VCTC. Mayor Hunter stated in order for this ordinance to be successful it needs support from the City Councils Minutes of the City Council Moorpark, California Page 15 Mav 19, 2004 throughout the County; Highways 23, 101, and 118 will be beneficiaries of this proposed action, providing significant relief to residents; and they are entitled to have their own voices heard on whether they want to impose this tax upon themselves to help relieve traffic congestion. In response to Mayor Hunter's concern that these supplemental funds not supplant State and Federal dollars previously dedicated to Ventura County by withholding or diverting funds to other areas, Councilmember Millhouse stated there was some concern expressed by VCTC; however, in Los Angeles, Orange and Riverside Counties, they already have this sales tax and are able to use the additional monies for transit and capital purposes. He continued by stating, what Ventura County gained from the gas tax was just a sliver of money, which continues to be raided by the State; this particular Ordinance requires the money be spent in Ventura County for the specified purposes articulated and not to be diverted from transportation purposes; to ensure this takes place, there is a yearly audit to make sure the money is not misappropriated or wasted; only one percent of the revenue can be used for administrative fees, including salaries; Moorpark's annual local share of the revenues should be approximately $870,000; this Ordinance empowers the people to impose this tax on themselves; the State has made no progress in nine - years while this proposal, if it passes, will allow some capital projects, such as the widening of State Routes 23 and 118 to begin in six - months; this money can also be used locally to develop an alternative route for the gravel trucks; the result of polling County residents indicates this tax will not be an overwhelming burden; this money will not supplant State and Federal funding, which can be freed up to develop improvements such as a light -rail system; and economic studies indicate two areas impacting the region's economic health are the lack of affordable housing and the inability to move people, goods, and services efficiently using the existing infrastructure. In response to Mayor Hunter, Ms. Munday stated those counties that develop local resources are getting Minutes of the City Council Moorpark, California Paae 16 Mav 19, 2004 matching funds more readily since they have something to bring to the table. In response to Councilmember Mikos, Ms. Munday stated Ventura County may not spend sales tax dollars until they get what is due from the State. Councilmember Mikos stated she recognizes we cannot build our way out of gridlock with roads; and she likes the idea of being able to change the percentage, as it might be necessary in the future, to allow for new technologies in transit. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion directing staff to draft a letter of support to VCTC to place this measure on the ballot. The motion carried by unanimous voice vote. C. Consider 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) and 17.44 (Entitlement- Process and Procedures). Staff Recommendation: Adopt Resolution No. 2004 -2192, directing the Planning Commission to study revisions to the Zoning Code concerning entitlement permit processing, and provide a recommendation to the City Council. (Staff: Barry Hogan) Mr. Hogan gave the staff report. Mayor Hunter stated he supports this action and advocates approval levels be moved to the lowest level wherever possible. He cited the example of the number of speakers at this Council meeting, who complimented the Planning Commission for their thoroughness and commitment in reviewing and recommending approval of the North Park project. Mayor Hunter applauded the capable efforts of the Planning Commission and recommended giving them more power to make decisions as it is more effective and cost efficient. He continued by stating the problem is much of their decision making will involve land uses adjacent to residential property; therefore the current cost of appeal by residents should not be cost prohibitive. Minutes of the City Council Moorpark, California Paae 17 Mav 19, 2004 Dick Wardlow, a Moorpark resident and business person, 233 High Street, stated anything within 100 -feet of residential requires a CUP; the City's goal is to place more residential in Moorpark without a clear zoning code; and it is hard to find lenders to lend on this type of property since everything is appealable to the City Council. Councilmember Parvin stated, having been on the Planning Commission providing input to the City Council, she is aware codes evolve as the City changes; not every code will fit every parcel or residence; Mr. Wardlow's project did not quite fit the code; and sending projects back to the Planning Commission allows the City to catch loopholes missed the first time around. Mr. Hogan stated the CUP heard this evening might have been handled by the Planning Commission or at a Director's hearing; staff wants to examine each area and look at whether an Administrative Permit, a Planning Commission approval, or a City Council approval would be best for approval of a development request; and staff can take another look at the blanket 100 -foot approach and come back with a report to Council. Councilmember Harper stated in the current code one Councilmember is allowed to bring an item forward to appeal and this provision supports the Mayor's desire to lower the cost of processing and give more authority to staff and the Planning Commission. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2004 -2192, directing the Planning Commission to study revisions to the Zoning Code concerning entitlement permit processing, and provide a recommendation to the City Council. The motion carried by unanimous voice vote. D. Consider Resolution Amending the Fiscal Year 2003/04 Budget by Appropriating Funds for the Purchase of Digital Security Video Monitoring System and Authorizing the City Manager to Sign All Related Agreements. Staff Recommendation: Adopt Resolution No. 2004 -2193, and waive the bid requirement consistent with Moorpark Municipal Code Section Minutes of the City Council Moorpark, California Page 18 May 19, 2004 3.04.120 for purchase of Digital Security Video Monitoring System. ROLL CALL VOTE REQUIRED Mr. Hartnett gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2004 -2193, and waive the bid requirement consistent with Moorpark Municipal Code Section 3.04.120 for purchase of Digital Security Video Monitoring System. The motion carried by unanimous roll call vote. E. Consider Affordable Housing Agreement and Affordable Housing Implementation and Rental Restriction Plan for USA Properties Fund, Inc. for Vintage Crest Senior Apartments, L.P. (GPA 2002 -01, ZC 2002 -01, RPD 2002- 02). Staff Recommendation: 1) Approve the Affordable Housing Implementation and Rental Restriction Plan, subject to final language approval by the City Manager and City Attorney; and 2) Approve the Affordable Housing Agreement, subject to final language approval by the City Manager and City Attorney, and direct the City Clerk to record the document with the County of Ventura. Ms. Burns gave the staff report. She introduced Katherine Klein from USA Properties Fund, Inc., as available for questions. In response to Councilmember Mikos, Ms. Burns stated tenants whose income increases beyond what is considered low income would have to pay the highest rent at the low income level. In response to Councilmember Parvin, Ms. Klein stated there are approximately 200 people on the waiting list, of which, 85 are in the process of pre- leasing; and 30 of the 85 may be from Moorpark. In response to Councilmember Parvin, Mr. Hogan stated a gate will be required at the rear of the property, providing access to the Arroyo; and once the trail is constructed the gate will remain unlocked to allow tenants access to recreation. Minutes of the City Council Moorpark, California Page 19 May 19, 2004 In response to Councilmember Parvin, Ms. Burns stated the City anticipates using a consultant to review the Certifications of Tenant Eligibility maintained by the owner, conduct random on -site inspections of the properties, and verify the income level of applicants/ tenants with quarterly reporting to the City; and the uses described in Section 3.2.3 of the agenda report were selected based upon their similarity to the intended use; however they are not considered exclusive. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to: 1) Approve the Affordable Housing Implementation and Rental Restriction Plan, subject to final language approval by the City Manager and City Attorney; and 2) Approve the Affordable Housing Agreement, subject to final language approval by the City Manager and City Attorney, and direct the City Clerk to record the document with the County of Ventura. The motion carried by unanimous voice vote. F. Consider Agreement Regarding Subordination of Deed of Trust by Vintage Crest Senior Apartments, L.P., in Favor of U.S. Bank N.A. (GPA 2002 -01, ZC 2002 -01, RPD 2020 -02) Staff Recommendation: Approve Agreement regarding Subordination of Deed of Trust, subject to final language approval by the City Manager and City Attorney; and direct the City Clerk to record the document with the County of Ventura. Ms. Burns gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to approve the Agreement regarding Subordination of Deed of Trust, subject to final language approval by the City Manager and City Attorney; and direct the City Clerk to record the document with the County of Ventura. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Paqe 20 Mav 19, 2004 G. Consider Proposed Operating and Capital Improvements Budgets for the Fiscal Year 2004/2005. Staff Recommendation: Receive the budgets and set a workshop for May 26, 2004. Mr. Kueny stated the Council received a copy of the proposed budgets. He recognized the efforts of all City Departments, especially the Administrative Services Department staff for putting the budget documents together. Councilmember Mikos stated she has a conflicting meeting on May 26 2004, and would only be able to attend the budget workshop if it started at 7:00 p.m. Mayor Hunter started he saw no problem starting the meeting at 7:00 p.m. on May 26, 2004. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. CONSENSUS: It was the consensus of the Council to set a City Council /Redevelopment Agency budget workshop for 7:00 p.m. on May 26, 2004. H. Consider Mission Statement, Priorities, Goals and Objectives for Fiscal Year 2004/2005. Staff Recommendation: Consider the priorities, goals and objectives on May 26, 2004. Mr. Kueny stated this document is generally considered a companion to the budget and should be considered at the same time. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. CONSENSUS: It was the consensus of the Council to set 7:00 p.m. on May 26, 2004, for consideration of the priorities, goals and objectives for Fiscal Year 2004/2005 along with the budget workshop. 10. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California Page 21 May 19, 2004 A. Consider Approval of Minutes of Special Joint City Council /Park and Recreation Commission Meeting of March 31, 2004. Consider Approval of Minutes of Regular Meeting of April 21, 2004. Consider Approval of Minutes of Special Meeting of Ma 5, 2004. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - May 19, 2004. Manual Warrants 116067 - 116068 $ 39,444.03 Voided Warrant 112410 & 113015 & $ (96.00) 113300 & 113430 & 113621 & 114048 & 116191 Payroll Liability 116069 - 116073 $ 2,645.28 Warrants Regular Warrants 116074 - 116189 & $ 51,483.52 116190 - 116209 $ 954,623.05 Staff Recommendation: Approve the warrant register. C. Consider Resolution Approving the Preliminary Assessment Engineer's Report, the Parks and Recreation Maintenance and Improvement Assessment District Levy Amount, and Setting the Date for the Public Hearing for June 2, 2004. Staff Recommendation: Adopt Resolution No. 2004 -2194. D. Consider Resolution Amending the Fiscal Year 2003/04 Annual Operating Budget to Provide for the Costs of Additional CalHome Loans and Administration of the Program. Staff Recommendation: Adopt Resolution No. 2004 -2195. ROLL CALL VOTE REQUIRED E. Consider Ventura Intercity Service Transit Authority (VISTA) East Cooperative Agreement for Commuter Bus Services. Approve the Addendum and authorize the Mayor Minutes of the City Council Moorpark, California Page 22 May 19, 2004 to sign the Addendum to the VISTA -East Cooperative Agreement. F. Consider Resolution Amending the Fiscal Year 2003/2004 Building and Safety Division Budget by Appropriating $27,400 from the General Fund Reserve for Continuation of and Addition to Contract Work with California CD Creations, Inc. Staff Recommendation: Adopt Resolution No. 2004 -2196. ROLL CALL VOTE REQUIRED G. Consider Bond Reduction and Release of Letter of Credit for Performance Nursery. Staff Recommendation: 1) Authorize the City Clerk to reduce surety #B34230829 and release the Letter of Credit #3065234832; and 2) Authorize the City Clerk to fully exonerate the surety for Performance Nursery one year after this approval of the reduction of surety bond and upon written confirmation from the City Engineer that no warranty work is required. H. Consider Corporation Yard Design: North Fence. Staff Recommendation: Approve a change to the project design to include a block wall along the northerly property line. 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Kueny requested that the City Council go into closed session for Items 12.A. (one case) and 12.D. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to adjourn to closed session for a discussion of one case under Item 12.A. and for Item 12.D. on the agenda. The motion carried by unanimous voice vote. The time was 10:12 p.m. A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) Minutes of the City Council Moorpark, California Page 23 May 19, 2004 D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Subdivision (a) of Section 54956.9 of the Government Code) William L. Whitaker, III and James Dale Whitaker vs. City Council of the City of Moorpark, et al (Case No. SC03803) The Council reconvened into closed session at 10:22 p.m. following a short recess. Present in closed session were Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. Ms. Lindley left the meeting at 10:38 p.m. The Council reconvened into open session at 10:52 p.m. Mr. Kueny stated that one case under Item 12.A. and Item 12.D. were discussed and there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned the ATTEST: , � D, I Deborah S. Traffenste City Clerk