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HomeMy WebLinkAboutAGENDA REPORT 1998 0610 CC ADJ ITEM 11A ITEM '1 • A! MINUTES OF THE CITY COUNCIL Moorpark, California April 15, 1997 A Regular Meeting of the City Council of the City of Moorpark was held on April 15, 1997 in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. p(��p 1 . CALL TO ORDER: CITYOF is `+ Mayor Hunter called the meeting to ordexmdau 7 . 26 p.m. ACTION: 2 . PLEDGE OF ALLEGIANCE: nri U r 1 i . �'� hz a Mary Lindley led the Pledge of Allegiance—,Tj/ c iL eco C"" 3. ROLL CALL: Present : Councilmembers Evans, Perez, Teasley, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; John Nowak, Assistant City Manager; Mary Lindley, Director of Community Services; Nelson Miller, Director of Community Development; Rick Hindman, Sheriff' s Department; Dirk Lovett, Assistant City Engineer; Kirk Evans, Senior Management Analyst; Deborah Traffenstedt, City Clerk; Lisa Pope, Deputy City Clerk II; and Susan Meyer, Deputy City Clerk I 4 . PROCLAMATIONS AND COMMENDATIONS: A. Recognition of Miss Moorpark and Miss Teen Moorpark Mayor Hunter presented a Certificate of Recognition to Shawn Mathers, Miss Moorpark. B. Recognition of Deputy Mark Englander, 1997 Moorpark Police Officer of the Year Mayor Hunter presented a Certificate of Recognition to Deputy Mark Englander. C. City Manager' s Monthly Report Mr. Kueny indicated that the focus for the monthly report was on Community Development, and he introduced Mr. Miller, who described the responsibilities of the Community Development Department and current projects . 6. PUBLIC COMMENTS Scott Green, 11304 Broadview, addressed the Council regarding a July 4th event that he is planning for High Street. He stated Minutes of the City Council Moorpark, California Page 2 April 15, 1998 several businesses have committed to sponsoring the event and requested that the City co-sponsor the event. He indicated that the proceeds would benefit the Boys and Girls Club of Moorpark. In response to Mayor Hunter, Mr. Green stated he had not yet submitted, in writing, his request that the City co-sponsor the event. Jody Neil, 6397 Gabbert Road, representing Empty Kettle Ranch, announced the Boy Scouts of America Camporee event, and described the location and planned access . Dale Owens, 6397 Gabbert Road, representing the Boy Scouts of America, discussed the agenda for the Boy Scout event . Councilmember Teasley encouraged people to attend the event and thanked Mr. Owens for arranging to have the event in Moorpark. Gerald Goldstein, 11932 Los Angeles Avenue, discussed his concerns regarding the Sheriff' s Department. Mark Maraun, 15259 Monroe Avenue, provided Council with the June 16, 1993, City Council meeting video to remind Council of a previous discussion regarding no planned extension of Campus Park Drive to the west. Harvey Plaks, 4957 Mira Sol, addressed the Council regarding the Save Open Space and Agricultural Resources (SOAR) Initiative . He stated his concerns with the possibility of litigation. 7 . REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Evans indicated that he intended to pull Items 11 .C. , 11 . F. , and 11 . I . from the Consent Calendar. Councilmember Teasley indicated that she intended to pull Item 11 . J. from the Consent Calendar. CONSENSUS : By consensus, the Council determined to continue Item 10.C. to May 6, 1998 . 8 . ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter requested the July 4th event, as presented by Mr. Green, be put on the agenda when a written request for co- sponsorship was submitted. Mayor Hunter announced the Skatepark Grand Opening Bash on Friday, April 24, 6-10 p.m. at Arroyo Vista Recreation Center. Minutes of the City Council Moorpark, California Page 3 April 15, 1998 Mayor Hunter discussed proposed State legislation that would repeal vehicle licensing fees . He stated that the matter had been continued to May. 9. PUBLIC HEARINGS : A. Consider General Plan Amendment No. 97-1, to Amend the Land Use and Circulation Elements; Zone Change No. 97-5, to Establish Zone Districts and Controlling Development ,Standards; and the Moorpark Downtown Specific Plan No. 95- 1, Which 7ncludes_Land Use and Zoning Maps. a Streetscape Beautification Program. Pedestrian and Traffic Circulation I provements, Design Guidelines. Development Standards, and Implementation Programs to Guide Future Development (Continued from March 11, 1998) . Staff Recommendation: 1) Receive public testimony; 2) Close public hearing; 3) Discuss issues and recommendations and provide direction to staff regarding any additional revisions to the Downtown Specific Plan; 4) Direct staff to prepare the Final Mitigated Negative Declaration and Mitigation Monitoring Program; 5) Direct staff to prepare a draft resolution approving the Mitigated Negative Declaration and Mitigation Monitoring Program, General Plan Amendment No. 97-1 and the Downtown Specific Plan No. 95-1, subject to incorporation of required revisions; and 6) Direct staff to prepare a draft ordinance approving Zone Change No. 97-5. Mr. Miller gave the staff report. Joe Ahearn, 484 E. Los Angeles Avenue, stated that he represented the owner of a property on Moorpark Avenue just north of the northeast corner of Moorpark Avenue and Los Angeles Avenue. He asked if the subject property could be used for parking if it were to be consolidated with the corner lot for development purposes . In response to Mayor Hunter, Mr. Miller stated that parking would be a permitted use based on the proposed commercial zoning. Bill Bromiley, 21241 Ventura Blvd. , Woodland Hills, stated he was in the application process for a self storage facility on the corner of Spring Road and Flinn Avenue which was currently zoned M-1 . He requested that his property be taken out of the Downtown Specific Plan and be allowed to retain its current zoning. In response to Mayor Hunter, Mr. Bromiley stated that the purchase of the property was contingent on entitlements and the contingency had been extended to July. Minutes of the City Council Moorpark, California Page 4 April 15, 1998 In response to Mayor Hunter, Mr. Miller stated that the current Downtown Specific Plan proposal would change the zoning of Mr. Bromiley' s property to Old Town Commercial . Mayor Hunter stated that the Council should look at each of the planned zone change areas of the draft Downtown Specific Plan, in direct reference to Figure 5 from the Mitigated Negative Declaration (MND) , and provide direction to staff. Mayor Hunter stated that the first zone change to be discussed was for Area 1, the residential area along Charles Street. In response to Councilmember Evans, Mr. Miller stated that the basis for the Planning Commission' s recommendation to maintain the Single-Family Residential (R-1) Zone was to retain the single-family character of the neighborhood. In response to Mayor Hunter, Mr. Miller agreed that a transition from the R-1 Zone along Charles Street to the commercial zoning at the west end was appropriate. Mr. Kueny suggested allowing higher multi-family residential density at the east end of Charles Street, subject to a requirement for lot consolidation. He also stated that a multi-family designation should be considered for the property on the south side of Charles Street, west of Magnolia Avenue and the Tafoya Terrace Apartments . Mr. Miller stated that the Downtown Specific Plan would allow a density bonus, for a density limit of 20 dwelling units per acre, if affordable housing is provided. Councilmember Evans stated he thought the intent was to allow increased residential density to stimulate the economy. He stated it was necessary to provide an incentive, and that he was inclined to accept the consultant' s recommendation for higher density residential for portions of Charles Street. Mr. Miller stated the proposed zoning in the draft Specific Plan would allow existing single family uses to remain, if that was the property owner' s preference, but that a higher residential density could be achieved with lot consolidation. CONSENSUS: By consensus, the Council determined to stay with the zoning as proposed for Area 1 in the Downtown Specific Plan, as shown on Figure 5 of the MND: R-1 (Single-Family Residential) and RPD (Residential Planned Development) 7 units to RPD-7 units to RPD-14 units . Minutes of the City Council Moorpark, California Page 5 April 15, 1998 Mayor Hunter stated that the next zone change to be discussed was for Area 2, the residential area along the north side of Charles Street west of Walnut Street. Ms. Hagmaier explained that the block between Walnut Street and Moorpark Avenue was intended to be a transitional block between the Civic uses and the Old Town Commercial and that there were three existing single-family homes on the north side of Charles Street in this area. Councilmember Wozniak expressed concern regarding preserving the homes on the north side of Charles Street . Ms. Hagmaier suggested keeping the base zoning as single- family residential but allowing for limited commercial office uses with an overlay designation. Mr. Kueny recommended that the corner lot located south of Charles Street and east of Moorpark Avenue be zoned Old Town Commercial (OTC) to avoid having single-family residential zoning along Moorpark Avenue. CONSENSUS.: By consensus, the Council determined to maintain the R-1 zoning on the north side of Charles Street, west of Walnut Street, to rezone the corner lot south of Charles Street and east of Moorpark Avenue, in Area 7, to OTC, and to rezone the lots south of Charles Street and west of Walnut Street (and east of the referenced corner lot) , in Area 7, to R-1 . Mayor Hunter stated that the next zone change to be discussed was for Area 3, the residential area along the west side of Flory Avenue between Los Angeles Avenue and Third Street. In response to Councilmember Teasley, Ms. Hagmaier stated they had recommended RPD-7 because changes could be allowed with a conditional use permit on a case-by-case basis, rather than as a legal right. In response to Councilmember Teasley, Mr. Miller stated the Planning Commission wanted to maintain the single-family residential character and consistency with other residential zoning in the area, and, therefore, had recommended R-1 . Ms . Traffenstedt stated RPD-7 zoning would not legalize second dwelling units and that additional language would be required to allow more than one dwelling unit on a single lot. CONSENSUS: By consensus, the Council determined to maintain the current R-2 zoning for the west side of Flory Avenue in Area 3. Minutes of the City Council Moorpark, California Page 6 April 15, 1998 Mayor Hunter stated that the next zone change to be discussed was for Area 4, the commercial area along the east side of Moorpark Avenue between Los Angeles Avenue and First Street. Ms . Hagmaier explained that the parcels have alley access and the proposed C-O zoning would encourage alley use. She stated the hardship created by legal nonconforming uses would be limited. Councilmember Teasley stated her concern with C-O and the lack of adequate area for parking. In response to Councilmember Teasley, Ms . Hagmaier stated that existing parking standards in the Zoning Code were adequate to ensure that adequate parking would be provided. Mr. Miller stated the existing zoning was C-1 and changing to C-0 would reduce the parking demand. He explained that alley access could achieve the parking criteria. Ms. Hagmaier commented that C-O zoning was usually a better transition to residential zoning. CONSENSUS : By consensus, the Council determined for Area 4 on the east side of Moorpark Avenue to have the first block from north of the corner lot to Third Street zoned C-O, and then to have the next two blocks retained as C-1 zoning. Mayor Hunter stated that the next zone change to be discussed was for Area 10, the location of the existing commercial building along the east side of Moorpark Avenue north of First Street. In response to Councilmember Teasley, Mr. Miller stated Commercial Planned Development (CPD) zoning would allow retail uses on the 1st floor with offices on the 2nd floor. Mr. Kueny stated that CPD was the most intensive commercial zoning. He suggested zoning the area OTC. cONSENSUS : By consensus, the Council determined to change Zone 10 from CPD to OTC. Mayor Hunter stated that the next zone change to be discussed was for Area 13, the property on the west side of Moorpark Avenue north and south of the railroad tracks and on the east side of Moorpark Avenue south of the railroad tracks . Minutes of the City Council Moorpark, California Page 7 April 15, 1998 CONSENSUS : By consensus, the Council determined to change the zoning on the west and east sides of Moorpark Avenue, north and south of the railroad tracks from Industrial Park (M-1) to OTC. Mayor Hunter stated that the next zone change to be discussed was for Area 5, the property located northeast of the intersection of Moorpark Avenue and Los Angeles Avenue. CONSENSUS.: By consensus, the Council determined to change the zoning for the property located northeast of the intersection of Moorpark Avenue and Los Angeles Avenue from C-1 to CPD. Mayor Hunter stated that the next zone change to be discussed was for Area 6, consisting of two lots located east of Moorpark Avenue and across from the Civic Center. CONSENSUS : By consensus, the Council determined to change the zoning for the two properties that comprised Area 6 from General Commercial (C-2) to C-O. Mayor Hunter stated that the next zone change to be discussed was for Area 9, comprised of the current fire station site on the east side of Moorpark Avenue and a lot owned by the City on the west side of Moorpark Avenue north of High Street . CONSENSUS.: By consensus, the Council determined to change the zoning for Area 9 properties on Moorpark Avenue north of High Street from C-2 to Institutional (I) . Mayor Hunter stated that the next zone change to be discussed was for Area 7, consisting of the properties located along the north side of High Street from Spring Road west to the Moorpark Mobilehome Park property. In response to Mr. Kueny, Mr. Miller indicated that the Planning Commission recommendation was that the mobilehome park retain the current designation of C-2 . He stated that staff recommendation was to have the entire mobilehome park maintain a consistent designation whether it be C-2 or OTC. In response to Mr. Kueny, Mr. Miller explained the distinction between C-2 and OTC zoning. CONSENSUS : By consensus, the Council determined to change zoning for Area 7, including the Moorpark Mobilehome Park, from C-2 to OTC. Mayor Hunter stated that the next zone change to be reviewed was for Area 8, consisting of the commercial area Minutes of the City Council Moorpark, California Page 8 April 15, 1998 located west of Moorpark Avenue between approximately First Street and Third Street . cONSENSUS : By consensus, the Council determined to change the zoning for Area 8 from C-2 to C-1 . Mayor Hunter stated that the next zone changes to be discussed were for Areas 11, 13 and 15 along the south side of High Street, between Moorpark Avenue and Spring Road. CONSENSUS : By consensus, the Council determined to change the zoning for Areas 11, 13 and 15, south of High Street between Moorpark Avenue and Spring Road, to OTC. Mayor Hunter stated that the next zone change to be reviewed was for Area 12, consisting of the Civic Center and Library properties west of Moorpark Avenue. CONSENSUS : By consensus, the Council determined to change the zoning for Area 12 from CPD to I . Mayor Hunter stated that the next zone change to be discussed was for Area 14, the Metrolink parking lot south of the railroad tracks. CONSENSUS: By consensus, the Council determined to change the zoning for Area 14, the Metrolink parking lot, from M-1 to CPD. Mayor Hunter stated that the next zone change to be discussed was for the Secondary Planning Area along the east side of Spring Road between the railroad tracks and Flinn Avenue. In response to Councilmember Teasley, Ms. Hagmaier explained that many of the Downtown properties were adjacent to the railroad tracks and that potential desirable uses included a post office or larger retail type uses. Councilmember Evans stated that the City needed to look at the best use for this property and that OTC zoning would allow a logical extension of commercial development from High Street. He stressed the need for a vision on this piece of property. Councilmember Teasley expressed concern that the OTC was too restrictive and that she could support CPD zoning. Councilmember Perez stated that he did not support commercial zoning for this property. Minutes of the City Council Moorpark, California Page 9 April 15, 1998 Councilmember Wozniak commented that the Specific Plan could allow a rezoning back to industrial if after a certain time period the property did not develop with commercial uses. Mayor Hunter stated that he would prefer the CPD zoning because it would allow a transition to the OTC zoning on High Street. CONSENSUS,: By consensus, the Council determined to zone the east side of Spring Road, between the railroad tracks and Flinn Avenue in the Secondary Planning Area, as CPD. Mr. Miller stated that the zoning that still needed to be considered was for the properties along the south side of Los Angeles Avenue, east of High Street, in the Secondary Planning Area. CONSENSUS: By consensus, the Council determined that the properties currently zoned Limited Industrial (M-2) , along the south side of Los Angeles Avenue and east of High Street in the Secondary Planning Area, should be rezoned to M-1 . Mayor Hunter closed the public hearing. Mayor Hunter stated that the Council may want to consider sending the Implementation Chapter to the Economic Development Committee for a recommendation. MOTION: Councilmember Perez moved and Councilmember Evans seconded a motion to approve 4, 5 and 6 of the staff recommendation, to send the Implementation Chapter of the Downtown Specific Plan and RRM' s "Questions to Consider" to the Economic Development Committee for a recommendation, and to continue the Item to the Council' s May 20`h meeting for continued discussion of zoning matrix revisions and potential legal non- conforming uses . The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the Council took a recess. The time was 9: 12 p.m. The Council reconvened at 9: 35 p.m. with all Councilmembers present. 10. PRESENTATION/ACTION/DISCUSSION: A. Report on the Status of the Proposed Dissolution of the Moorpark Mosquito Abatement District. Staff Recommendation: Confirm the Council' s prior authorization for staff to file the Moorpark Mosquito Abatement District dissolution application with the Ventura County Local Agency Formation Commission and direct Ad Hoc Committee to continue discussion with the County on an agreement for future tax allocations. Minutes of the City Council Moorpark, California Page 10 April 15, 1998 Mr. Nowak gave the staff report . MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to approve staff recommendation. The motion carried by unanimous voice vote. B. Consider City Council Summer Recess. Staff Recommendation: Direct staff to schedule a Council recess for either July 15 or August 5, 1998, to allow a four-week time period with no scheduled regular or special meetings . MOTION: Councilmember Evans moved and Councilmember Teasley seconded a motion to direct staff to schedule a Council recess for August 5, 1998 . The motion carried by unanimous voice vote. C. Consider Appointment to Fill Three Vacancies on the Teen Council . Staff Recommendation: Appoint three (3) members to the Teen Council for a term to begin immediately and end June 30, 1998 . CONSENSUS: By Council consensus, Item 10.C. was continued to May 6, 1998 . D. Consider Resolution No. 98-1459 Adop ing Council Policies and Rescinding Resolution No. 97-1417 . Staff Recommendation: Adopt Resolution No. 98-1454 . Ms . Traffenstedt gave the staff report. Mayor Hunter suggested amendments to the resolution to make minor language changes to Section 12 - Flag Etiquette . MOTION: Councilmember Evans moved and Councilmember Teasley seconded a motion to adopt Resolution No. 98-1454 as amended. The motion carried by unanimous voice vote . E. Consider Resolution No. 98-1455 Amending the FY 1997/98 B .. - 4 • . it• %- • F_ •e • - •.t k m•r•v-n-• - .• • . • Glenwood Park Play Ground Equipment . Parks and Recreation Commission Recommendation: Adopt Resolution No. 98-1455, amending the FY 1997/98 Budget by appropriating $31, 000 from the Park Improvement Fund (212) - Zone 6 for playground equipment at Glenwood Park, and authorize staff to expend the funds . (ROLL CALL VOTE REQUIRED) Ms. Lindley gave the staff report. In response to Councilmember Evans, Ms. Lindley stated the equipment had no play value and should be replaced. She stated the Parks and Recreation Commission had discussed Minutes of the City Council Moorpark, California Page 11 April 15, 1998 the budgetary constraints but felt the necessity for new equipment was urgent. Councilmember Evans suggested waiting for the budget process before taking action. In response to Mayor Hunter, Ms . Lindley discussed the portability of the equipment. In response to Councilmember Teasley, Ms . Lindley stated that Glenwood Park was the only park in the Park Improvement Assessment Zone for which the funds could be used. In response to Mayor Hunter, Ms . Lindley explained that if the City was required to move the equipment, a park in another zone could purchase the equipment . Mr. Kueny explained that the policy is that the funds needed to benefit the subdivision which had provided the funds . In response to Mayor Hunter, Ms . Lindley stated that Peach Hill Park and Griffin Park had wood equipment that was in need of replacement but still had play value. Mayor Hunter indicated his concern about hazardous equipment. He supported the staff recommendation based on the possibility of the equipment being moved to another park. Councilmember Wozniak indicated his support for the staff recommendation. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to adopt Resolution No. 98-1455. The motion carried by roll call vote, 4-1, Councilmember Evans dissenting. F. Consider if i y Should Prepare a Ballot Measure Pertaining to Control of City Boundaries and Open Space and Agricultural Properties . Staff Recommendation: Direct staff as deemed appropriate. Councilmember Evans explained why he had requested the item be placed on agenda and requested that staff explore exactly what is proposed and how the proposed initiative measure would affect Moorpark. Lori Thoreson Rutter, 11611 Pinedale Road, addressed the Council in support of the Save Open Space and Agricultural Resources (SOAR) initiative. Jon Palo, 1828 Suntree Lane, Simi Valley, addressed the Council in support of the SOAR initiative . Minutes of the City Council Moorpark, California Page 12 April 15, 1998 Joe Ahearn, 484 E. Los Angeles Avenue, addressed the Council in opposition to the SOAR initiative . Roseann Mikos, 14371 E. Cambridge Street, explained the basic concept of the SOAR initiative. Eloise Brown, 13193 Annette Street, discussed a draft VISTA ordinance that had been drafted by her when she was on the Council . She discussed that the VISTA ordinance would have required purchase of land that residents wanted to protect from development. She also stated that she did not support the SOAR initiative . Councilmember Evans requested that a copy of the VISTA plan be provided to Council. Councilmember Evans discussed the SOAR initiative and raised several questions to which he requested staff provide answers . Councilmember Evans suggested forming a SOAR Ad Hoc Committee. He stated the goal of the committee would be to bring a recommendation to the Council indicating whether to support the initiative or to put another initiative on the ballot . Councilmember Teasley indicated her interest in serving on the SOAR Ad Hoc Committee. Councilmember Perez stated he would support the committee if they invited input from the SOAR proponents . Mayor Hunter nominated Councilmember Evans and Councilmembers Teasley for a SOAR Ad Hoc Committee . MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to create an Ad Hoc Committee of Councilmember Evans and Councilmember Teasley to review the SOAR ballot initiative. The motion carried by unanimous voice vote. 11 . CONSENT CALENDAR: MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to pull Items 11 .C, 11 .F. , 11 . I . , and 11 .J. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. •n 1• -r A •• •v. • Min - • _ - •- ' .1 i • n ' 1 Meeting of March 18, 1998 . Consider Approval of Minutes of the Regular City Council Meeting of March 18, 1998 . Minutes of the City Council Moorpark, California Page 13 April 15, 1998 Staff Recommendation: Approve the minutes as processed. B. Consider Approval of Warrant Reaister of April 15, 1998 . Fiscal Year 1997/98 Manual Warrants 41184 - 41189 $ 22, 025. 45 Voided Warrants 41139 $ (193 . 05) Regular Warrants 41191 - 41212 - D $ 302, 208 .27 41213 - 41298 - V $ 44, 343. 01 Staff Recommendation: Approve the Warrant Register. D. Consider Adoption of an Update to the Noise Element of the General Plan and Amendment of the Municipal Code to Add Chapter 17 . 53 - Noise Ordinance, which will Implement the Noise Element and Establish Standards and Procedures to Control Noise in the City of Moorpark (General Plan Amendment 97-04 and Zoning Code Amendment 97-07) . Staff Recommendation: Continue first reading of the Noise Ordinance to May 6, 1998 . E. Consider Funding Fair Housing Services in Community Development Block Grant (CDBG) Allocations for FY 1998/99. Staff Recommendation: Approve $1, 600 for the Fair Housing Institute, to be funded from FY 1998/99 CDBG Administrative costs, leaving $22, 610 for costs to the City of administering the CDBG program within the City. G. Consider Amendment to the Ventura County Free Library ,System MOU. Staff Recommendation: Approve the proposed amendment to the Ventura County Free Library MOU and direct staff to communicate the City' s action to other participating parties. H. Consider Request for the Exoneration of Bonds for Improvements in the Following Tracts in Mountain Meadows : 4340, 4340-1, 4341-4. WWC - Moorpark Investors, LTD) . Staff Recommendation: 1) Accept the subject improvements as complete, and 2) Authorize the City Clerk to exonerate the bonds as set forth in the report. The following items were pulled from the Consent Calendar for individual consideration: C. Consider Revisions to Contract for Engineering Services . Staff Recommendation: Approve a 5.2% increase in the rates for Engineering Services to be made effective May 1, 1998 . Minutes of the City Council Moorpark, California Page 14 April 15, 1998 In response to Councilmember Evans, Mr. Kueny stated the rate increase was a contractual obligation that had been deferred. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to approve staff recommendation. The motion carried by unanimous voice vote. F. Reallocation of HOME Funds ($50. 000) from FY 1996/97 . Staff Recommendation: Approve the reallocation of $50, 000 in HOME funds from FY 1996/97 from housing rehabilitation assistance to down payment assistance for very low income first time home buyers, not to exceed $12, 500 per transaction. Councilmember Evans stated he had pulled the item to make the community aware of the Council action. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to approve the staff recommendation. The motion carried by unanimous roll call vote . I . Consider the Acceptance of Improvements and Bond Reduction for Tract 3963-4 - Warmington Homes. Staff Recommendation: 1) Accept the improvements as complete; 2) Authorize the City Clerk to exonerate the Grading, Parking Area, Monumentation bonds and the check deposit; and 3) Authorize the City Clerk to reduce the street and drainage bonds to 10% for a one year maintenance period, subject to the Engineering Department' s final approval at that time. In response to Councilmember Evans, Mr. Miller explained that landscaping was required at the top of the slope but not on the hillside and the requirements had been fulfilled. Mr. Kueny recommended continuing the item to May 6. CONSENSUS: By consensus, the Council determined to continue the item to May 6. J. Consider Approval of the Conceptual Design for the Retainina Walls to be Constructed on the North Side of Los Angeles Avenue West of South Condor Drive (Los Angeles Avenue - East) . Staff Recommendation: Direct staff to acquire retaining wall easements sufficient to accommodate the width of either crib wall or inter-locking block wall construction, for the retaining walls required for the subject project . Minutes of the City Council Moorpark, California Page 15 April 15, 1998 In response to Councilmember Teasley, Mr. Kueny stated Council discussion to determine the type of material used for the wall could occur at a later date. In response to Mayor Hunter, Mr. Lovett discussed the wall width, height, and grading requirements . MOTION: Councilmember Perez moved and Councilmember Teasley seconded a motion to approve staff recommendation. The motion carried 4-0, Mayor Hunter abstaining. 12 . ORDINANCES: 13 . CLOSED SESSION: None was held. 14 . ADJOURNMENT: MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 10 : 35 p.m. Patrick Hunter, Mayor ATTEST : Deborah S . Traffenstedt, City Clerk MINUTES OF THE CITY COUNCIL Moorpark, California May 6, 1998 A Special Meeting of the City Council of the City of Moorpark was held on May 6, 1998, in the Community Center Conference Room of said City located at 799 Moorpark Avenue, Moorpark, California. 1 . CALL TO ORDER: Mayor Pro Tem Teasley called the meeting to order at 6: 17 p.m. 2 . ROLL CALL: Present : Councilmembers Evans, Teasley, and Wozniak. Absent: Councilmember Perez and Mayor Hunter. Staff Present: Steven Kueny, City Manager; John Nowak, Assistant City Manager; Cheryl Kane, City Attorney; Captain Mike Lewis, Sheriff' s Department; Ken Gilbert, Director of Public Works; Don Reynolds, Administrative Services Manager; Nancy Burns, Senior Management Analyst; and Deborah Traffenstedt, City Clerk. 3. PUBLIC COMMENT: None. 4 . PRESENTATION/ACTION/DISCUSSION: A. Approve Resolution No. 98- Amending the FY 1998-99 Budget for Fundina of Police Resource Center Tenant Improvements. Staff Recommendation: (ROLL CALL VOTE) Adopt Resolution No. 98- appropriating an additional $5, 000 from the Police Facilities Fund for tenant improvements for the Police Resource Center. Captain Lewis gave a staff report explaining the Moorpark Unified School District' s offer to rent vacant office space at 30 Flory Avenue for a Police Service Center. He explained that with the available lease area at the Flory Avenue site, the existing Resource Center operations at the Moorpark Town Center and all City Police Department functions now located at the East County Sheriff' s facility, short of patrol personnel, could be relocated. Minutes of the City Council Moorpark, California Page 2 May 6, 1998 In response to Councilmember Wozniak, Mr. Nowak explained that the existing Police Resource Center, located in the Town Center, had to be moved by June 1 to make room for another tenant . Mr. Kueny commented that the City Council would need to consider that once the City Police left the East County Sheriff' s facility, there would be no space to return to at that facility in the future. He also expressed concern regarding the existing zoning of the Flory Avenue site. AT THIS POINT in the meeting, Councilmember Perez arrived. The time was 6: 30 p.m. Ms . Kane commented that cities are not bound by their zoning ordinance in regard to the location of a police facility in a residential zone. AT THIS POINT in the meeting, Mayor Hunter arrived. The time was 6: 33 p.m. Councilmember Teasley commented that she was concerned that the location was not on a main street and that she thought more time was required to evaluate the options prior to entering into a lease agreement with the School District. Mr. Kueny stated that staff would need to do projections as to when the City would have enough money to build a new station, and that the Council should also take into consideration that the School District did not want to commit to a long-term lease. CONSENSUS: Continue the item for two weeks to the next regular City Council meeting. B. $talus Report on Moorpark Mosquito Abatement District Dissolution. Staff Recommendation: Direct staff as deemed appropriate. Mr. Nowak gave the staff report. CONSENSUS : The Ad Hoc Committee should meet to review operational and fiscal questions that have not been answered. Minutes of the City Council Moorpark, California Page 3 May 6, 1998 5. CLOSED SESSION: Mr. Kueny announced that only Item S.A. would be discussed. Ms . Kane announced that the facts and circumstances creating significant exposure to litigation consist of written communications dated February 6, 1998, and February 27, 1998, threatening litigation, received from Robert Coldren, attorney for Villa Del Arroyo Mobilehome Park, regarding amendments to the City' s Mobilehome Rent Stabilization Ordinance. Ms . Kane also announced that the Council would be going into closed session under Item S.A. , Conference with Legal Counsel - Anticipated Litigation, Significant Exposure to Litigation, Pursuant to Subdivision (b) of Section 54956. 9 of the Government Code. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to adjourn to closed session for a discussion of Item 5.A. , only. The motion carried by unanimous voice vote. A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956. 9 of the Government Code: (Number of cases to be discussed - 4) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956. 9 of the Government Code: (Number of cases to be discussed - 4) C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956. 9) City of Moorpark vs. Southern California Edison, et al D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: 23 W. Los Angeles Avenue Negotiating Parties : The City Council of the City of Moorpark and Sunbelt Properties Under Negotiation: Price and terms of payment . E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: A.P.N. 511-0-070-310 Negotiating Parties : The City Council of the City of Moorpark and the Roe 1996 Trust Under Negotiation: Price and terms of payment. Minutes of the City Council Moorpark, California Page 4 May 6, 1998 F. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Administrative Services Director, City Attorney, City Clerk, City Manager, City Engineer, Director of Community Development, Director of Community Services, Public Works Director Present in closed session were all Councilmembers; Steven Kueny, City Manager; John Nowak, Assistant City Manager; Cheryl Kane, City Attorney; Nancy Burns, Senior Management Analyst; and Deborah Traffenstedt, City Clerk. The Council reconvened into open session at 7 : 09 p.m. Mr. Kueny stated there was no action to report and that only Item S.A. was considered. 6. ADJOURNMENT: Mayor Hunter adjourned the meeting at 7 : 10 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk