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HomeMy WebLinkAboutMIN 1999 0519 CC REG MINUTES OF THE CITY COUNCIL Moorpark, California May 19, 1999 A Regular Meeting of the City Council of the City of Moorpark was held on May 19, 1999 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 : 18 p .m. 2 . INVOCATION: Pastor Errol Hale, Shiloh Community Church, led the invocation. 3 . PLEDGE OF ALLEGIANCE : Junior Girl Scout Troop No. 418 led the Pledge of Allegiance. 4 . ROLL CALL: Present : Councilmembers Evans, Harper, Rodgers, Wozniak and Mayor Hunter. Staff Present : Steven Kueny, City Manager; John Nowak, Assistant City Manager; Wayne Loftus, Acting Director of Community Development; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Dirk Lovett, Assistant City Engineer; Captain Mike Lewis, Sheriff' s Department; Don Reynolds, Administrative Services Manager; John Brand, Community Services Senior Management Analyst; Deborah Traffenstedt, City Clerk and Lisa Pope, Deputy City Clerk. 5 . PROCLAMATIONS AND COMMENDATIONS : A. Recognition of City 1998 Employees of the Year (Teresa Jones, Jordan Gastwirth, and Stephanie Casillas) Mayor Hunter recognized the 1998 Employees of the Year. B. Recognition of Moorpark High School Future Business Leaders of America Mayor Hunter recognized the Moorpark High School Future Business Leaders of America. Minutes of the City Council Moorpark, California Page 2 May 19, 1999 C. Recognition of Kiwanis "Hope of America" Award Recipients (Mary Adrian, Jonathan Panossian, and Eric Reich) The "Hope of America" Award Winners were recognized by Kiwanis Member Shelley Shellabarger. D. Recognition of City Park Essay Contest Winners (Andrew Carrillo, Kevin Grasel, and Matt Shenkman) Mayor Hunter presented certificates of recognition to the City Park Essay Contest Winners . Each winner read their essay. E. City Manager' s Monthly Report The monthly report was deferred. 6 . PUBLIC COMMENT: Girl Scout Troop 418 introduced themselves and discussed projects and discussions they had had in regard to development in Moorpark. They discussed civic projects they had participated in. They requested the Council conduct a battery collection for recycling purposes and provided suggestions for the means in which the collection could occur. Tony Simen, 726 Nogales Avenue, discussed the Park Maintenance Assessment Ballot . He discussed the proposal for the City Council to cast votes on the City-owned property. He stated the ballot was confusing and complicated. Joey Cappuccino, 12684 Crescentmeadow, ASB President from Moorpark High School, indicated his support for a police officer on the High School campus . He stated an officer would be beneficial for the following reasons : to talk to and for support, for safety, and possibly to teach a class on laws . He stated it would make the campus feel more secure. He stated there were no negative impacts to having the officer on campus . Roseann Mikos, 14371 E. Cambridge, representing Save Our Parks Committee, provided an update on the Parks Maintenance Assessment Ballot . She thanked the volunteers . She encouraged all residents to vote . Minutes of the City Council Moorpark, California Page 3 May 19, 1999 Gerald Goldstein, 11932 Los Angeles Avenue, discussed the opening video shown at Council meetings . He presented the Thousand Oaks government channel schedule . 7 . REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2. 9, Items to be withdrawn from the Consent Calendar shall be identified at this time. ) Mayor Hunter recommended Item 10 . C. be moved prior to Item 9 .A. Councilmember Evans stated he intended to pull Item 11 .F. from the Consent Calendar. CONSENSUS : By consensus, the Council moved Item 10 . C. prior to Item 9 .A. 8 . ANNOUNCEMENTS AND FUTURE AGENDA ITEMS : Mayor Hunter requested a discussion regarding an amendment to zoning for the Downtown Specific Plan on June 2 . Councilmember Wozniak requested an action item on the next agenda regarding the removal of the billboard. Councilmember Evans stated the California Cup International Field Hockey Tournament would be held over Memorial Day Weekend at Moorpark College . 10 . PRESENTATION/ACTION/DISCUSSION: C. Consider Report on Condition Compliance for Moorpark College Swap Meet, Temporary Use Permit No. 99-1 . Staff Recommendation: Direct staff as deemed appropriate . Mr. Loftus gave the staff report . He stated the on-site operations have been consistent with the required conditions but off-site traffic and noise impacts are of concern to neighboring residents . Mayor Hunter asked how much authority the City has over the matter. Mr. Kueny stated it is the opinion of the City Attorney, based upon case law, that the City can require a Conditional Use Permit (CUP) . He stated there is a direct case on point pertaining to a swap meet being held on a college campus . Minutes of the City Council Moorpark, California Page 4 May 19, 1999 Councilmember Wozniak asked if the Council had the authority to stop the use . Mr. Kueny discussed the Temporary Use Permit (TUP) process . Mr. Loftus stated the Zoning Ordinance provided authority under a TUP to allow events for a maximum of 90 days while the CUP is being processed. He stated the Director of Community Development has the authority to terminate the TUP. Margaret Mahlmeister, 15577 Kernvale Avenue, provided her observations of the swap meet activity. She discussed the signage posted at the College for the swap meet . She stated she had conducted traffic counts . She stated she did not support the swap meet at the College . V. G. McQueen, (no street address provided) Moorpark, stated he is the coordinator between the senior center and the swap meet . He stated there were 17 seniors selling at the swap meet . He expressed their gratitude for supporting their sales . He stated the profits from swap meet sales go into the Senior Center Trust Fund. John Blazej , 353 Algonquin Drive, Simi Valley, stated he had operated the Simi Valley swap meet . He discussed the concerns of adjacent residents . He stated the prior swap meet site in Simi Valley had been sold for residential development . He stated there had been a problem with trash and traffic at the Moorpark College site. He stated he would correct the traffic signs and add additional trash cans . He stated he was satisfied with the attendance. In response to Mayor Hunter, Mr. Blazej stated he estimated the attendance to be a high of 3 , 100 people. He stated he did not anticipate growth in attendance . He stated the maximum number of booths would be 300 . Councilmember Harper stated it was necessary to minimize the impacts to the neighbors . In response to Councilmember Harper, Mr. Blazej stated the sellers begin selling at 6 : 00 a.m. and start arriving for set-up at 4 : 00 a.m. He concurred that they could revise the start time for selling to 7 : 00 a.m. , if that was the direction of the Council . He stated additional spaces could be required to be reserved spaces, rather than on a first-come, first-served basis . Councilmember Harper stated the College was unique in that it is located in the center of a residential area. Minutes of the City Council Moorpark, California Page 5 May 19, 1999 He suggested "re-training" the vendors to arrive later. He also suggested customer parking be moved to the observatory parking lot . Mr. Blazej stated Parking Lots D and E would not have sufficient area for the swap meet . Martin Atherton, 15486 Kernvale, stated the neighbors adjacent to the swap meet were dissatisfied. He stated the College was not receiving enough benefit compared to the disturbances to the residents . He proposed a survey be conducted to determine the residents' opinions on the I swap meet . He provided a draft survey and requested the Council' s opinion on the matter. Stephen Nardi, 15569 Kernvale Avenue, provided an update on the swap meet activity. He stated the residents appreciate the traffic being directed to use both entry roads . He discussed loud noise from trucks and cars . He stated the "slow" signs were too small . He stated his concern regarding undesirable vehicles driving through their neighborhoods, making their homes more vulnerable to vandalism and theft . Susan Nardi, 15569 Kernvale Avenue, indicated her opposition to the swap meet . She stated traffic traveling through their neighborhood and at the park had increased. She stated her concern with traffic direction and the swap meet telephone recording instructing right turns only. Bill Estrada, 15470 Kernvale Avenue, discussed the sale of knives at the swap meet and the vendor being told to put them away, rather than being confiscated. He stated there had been four burglaries in the area since the inception of the swap meet . He stated the swap meet had nothing to do with education. Judith Roller, 15784 Milne Court, requested the Council discontinue the swap meet . She discussed noise and traffic produced by the swap meet . She stated the event did not belong in an area that affects residents . She requested the Council discontinue the TUP. Michelle Fleming, 15545 Kernvale, addressed the Council in opposition to the swap meet . She discussed the noise and traffic . She stated the swap meet is not educational and should not be held at the College. Minutes of the City Council Moorpark, California Page 6 May 19, 1999 Raleigh Holman, 15537 Kernvale, addressed the Council in opposition to the swap meet . She discussed her concern with increased traffic. Ms. Traffenstedt indicated one written statement card had been received from Dean Nakata requesting improved enforcement of speed limits and suggested a farmers market operation rather than a swap meet . Councilmember Wozniak stated the major issue is the impact to the neighborhood. He stated 1, 240 cars would be entering and exiting the swap meet . He stated drastic measures were necessary. He stated the traffic situation was not controllable by the College, and that there was no solution to traffic concerns aside from shutting down the operation. He stated it was an infringement on a "day of rest" . In response to Councilmember Evans, Mr. Loftus stated the College would receive $24 , 000 per year from the swap meet . Councilmember Evans stated it was necessary to provide relief to the residents . He suggesting exploring avenues to provide the College with $24, 000 per year in place of the swap meet . Councilmember Harper suggested the event be held on Saturday as opposed to Sunday. Councilmember Evans stated he did not find that to be a feasible remedy. In response to Councilmember Harper, Mr. Blazej stated Sunday is the most successful day for swap meets; however, he was willing to try Saturday swap meets with a later start time if that was his only option. Mr. Blazej stated he could provide the manpower necessary to restrict early arrivals, but he would need the ability to stop vendors on City property. He stated Dr. Walker had indicated the possibility of directing traffic through the College. Councilmember Rodgers stated she had initially felt it would be an inconvenience on residents and it has proven to be. She stated she was not willing to inconvenience the residents in order to conduct the swap meet . She stated the swap meet has a negative impact on the residents' quality of life . Minutes of the City Council Moorpark, California Page 7 May 19, 1999 Mayor Hunter stated the idea was a good fundraiser for the College but a burden to the residents . He stated Sunday was the one day to enjoy peace and quiet in their neighborhood. He stated he was not sure that a compromise exists . He stated the swap meet has become an intolerable intrusion. He stated he would withdraw his support for the swap meet . In response to Mayor Hunter, Mr. Loftus stated the permit was granted for 30 days, and two more swap meets could be held, with a provision to withdraw the permit for any reason. Mr. Kueny stated Condition No. 3 indicated expiration on May 29; therefore, there could be one more swap meet . Councilmember Wozniak indicated his willingness to serve on a committee with the College and local residents to determine other means of fund raising. Mayor Hunter suggested working with the Moorpark College Board of Directors . Councilmember Evans stated Dr. Walker had attempted to resolve the problems . He stated the Council is willing to work with the College to raise the $24, 000 that would be lost by discontinuing the swap meet . Councilmember Harper asked if the Council was interested in allowing the swap meet to be held on Saturdays with a later start time for the balance of current permit . In response to Councilmember Wozniak, Mr. Kueny stated the current permit would allow for one more swap meet to be held on Sunday. MOTION: Mayor Hunter moved and Councilmember Rodgers seconded a motion to allow the current TUP to expire on May 29, with no new extensions granted, and stated that the City was willing to work with the College to investigate other means of meeting the College' s fund raising objectives . The motion carried by unanimous voice vote . AT THIS POINT in the meeting, the Council took a recess . The time was 9 : 14 p.m. The meeting reconvened at 9 : 37 p.m. with all Councilmembers present . Minutes of the City Council Moorpark, California Page 8 May 19, 1999 9 . PUBLIC HEARINGS : A. Consider Residential Planned Development (RPD) Permit Nos . 98-3 , 98-4, 98-5 and 98-6, in the Carlsberg Specific Plan Area by Authorizing Residential Planned Development, Modifying or Establishing Architectural Design and Development Standards, and Landscaping Concepts for the Four Residential Subdivisions Previously Approved on the Subject Property on the Application of Lennar Homes of California. (Continued from May 5, 1999 with public hearing open) Staff Recommendation: 1) Accept public testimony; close the public hearing on Residential Planned Development Permit Nos . 98-3 , 98-4, 98-5, and 98- 6; and 2) Adopt Resolution No. 99-1608 approving Residential Planned Development Permit Nos . 98-3 , 98-4 , 98-5, and 98-6 . Mr. Loftus gave the staff report . Lloyd Laycook, 1850 Gammon Court, Thousand Oaks, representing Lennar Homes, introduced the project design team in attendance . Alan Menzies, Lennar Homes, 6767 Forest Lawn Drive, Suite 300, Los Angeles, discussed the reason for requesting changes to the sideyard setbacks . He presented a slide presentation depicting existing projects with reduced setbacks . He reviewed homes currently in Moorpark and discussed sideyard setbacks . He stated the goal was to create a custom-like neighborhood. He stated the proposal had the minimum conditions for sideyard setbacks occurring in less than 20 percent of the project . John McKenna, FORMA, 17500 Redhill, Suite 100 , Irvine, discussed the architectural aspects of the community, including the entrance monuments to the project . He described the Water District' s plan to add 15-gallon trees around the water tank. He stated they were encouraging the Water District to plant larger trees and that they had suggested the tank be painted a color more consistent with the landscape . Debra Rosenthal, legal counsel for Lennar Homes, stated some of the issues were outside the scope of the RPD approval . She explained that the management required for the vernal pool area was very minimal . She stated Lennar is proposing that management of the vernal pool be by a government or non-profit agency. She stated it would not be managed by a homeowners association (HOA) or Lennar Minutes of the City Council Moorpark, California Page 9 May 19, 1999 Homes . She stated Lennar has proposed to fund maintenance for up to ten years with a $100, 000 contingency fund, of which the HOA would be responsible for approximately $5 , 000 per year. Mr. Laycook discussed traffic concerns at Mesa Verde Middle School . He stated Lennar would prohibit construction traffic from Peach Hill Road. He stated a meeting was held with Dr. Duffy at which a discussion of three options had ensued: 1) one-way ingress driveway; 2) construction of a bus turnout; and 3) modification to the Peach Hill/Science Drive intersection to allow U-turns . He stated Lennar engineers are studying the options and further information will be forwarded to the City. He stated Lennar would continue to work to rectify the concerns of the School District . He also explained discussions with the applicants for the Alzheimer' s facility and Pinecrest School projects and their efforts to restrict construction traffic to minimize traffic impacts . He stated Traffic Systems Management fees were confirmed and the applicant agreed with the fees . He stated the applicant accepted the conditions but was requesting modification of the language for the $500, 000 bond for road repair to Tierra Rejada Road, Spring Road, and Science Drive . He discussed the Minor Modification request for trail modifications . Mr. Menzies discussed Condition No. 4 and requested a language amendment to indicate that only one of the options needed to be met. He discussed Condition No. 28 and requested the condition be deleted. Councilmember Wozniak discussed the reduction of the trail system. He suggested a condition to keep the trail system in place near the vernal pool to be used for educational purposes . He suggested the following language: "The portion of the trail system that has been designated by Fish and Game to be eliminated will remain in the trail system but will not be developed. When a mechanism has been established to allow for the protection and management of the vernal pool, the trail system will be developed by the City to allow secured access to the vernal pool for educational purposes . " Mr. Kueny suggested a condition could be added that would require the developer to provide the City with an irrevocable offer of dedication for that portion of the trail identified on the trail exhibit as "future trail . " He stated that the developer could be required to pay an l Minutes of the City Council Moorpark, California Page 10 May 19, 1999 in-lieu fee for improvement of future offsite trails . He also stated that the portion of the trail system that has been designated by the California Department of Fish and Game to be eliminated could remain in the trail system, and when a mechanism has been established to allow for the protection and management of the vernal pool, the future trail would be developed by the City to allow secured access to the vernal pool for educational purposes . Ms . Rosenthal stated Lennar does not control the trail . She stated it needed to be clear that the offer of dedication be consistent with any conservation easement provided, subject to agreement of agencies . Councilmember Wozniak stated his purpose was to try to work something out between the City and the appropriate agency. Mr. Kueny suggested leaving similar language, and allowing the applicant to come back to the Council for modification. He stated the City may want to consider a conservation easement, in the event any agency that accepted the vernal pool land later tried to develop that site . Ms . Rosenthal stated they were willing to work out the conditions . Councilmember Wozniak stated he wanted to maintain the opportunity for a trail to the vernal pool area. In response to Councilmember Wozniak, Ms . Rosenthal concurred with the condition if language was added: "subject to the consent and approval of the Fish & Wildlife Service and the Department of Fish & Game . " In response to Mayor Hunter, Ms . Rosenthal stated the permits for the vernal pool had not been obtained. Mayor Hunter suggested a condition as follows : "No building permits in Tract 4975 shall be issued until it can be demonstrated to the satisfaction of the Director of Community Development that the required permits for the vernal pool area have been obtained from the appropriate Federal and State agencies . Management of the affected area shall be provided through a conservation easement or transfer of ownership to a governmental agency or appropriate non-profit organization. Applicant will bear responsibility for 1 Minutes of the City Council Moorpark, California Page 11 May 19, 1999 maintenance of the area for a period of ten years at a cost not to exceed $100, 000 . " In response to Mayor Hunter, Mr. Loftus stated the condition could be limited to Tract 4975, which contained the vernal pool site . Councilmember Harper discussed the trail system. He suggested connecting trails to the Arroyo Simi . In response to Mayor Hunter, Mr. Loftus discussed the fee proposed as the in-lieu trail fee for each dwelling unit. Mayor Hunter stated he could support $10 per dwelling unit, as proposed by the applicant, with a trail system connection to the Arroyo Simi to be explored further. In response to Councilmember Harper, Mr. Loftus stated Lot 2 would require a planned development permit to develop the lot, at which time the Council could include a condition requiring a trail linkage to the Arroyo. Councilmember Harper requested the linkage be worked out now. In response to Mayor Hunter, Mr. Loftus stated the , applicant could be required to determine alternative trails on the site . He stated the Residential Planned Development Permits could be approved, and action on the Minor Modification request deferred to satisfy the concerns regarding the trail system. In response to Mayor Hunter, Mr. Laycook stated they had agreed to restrict construction traffic on Peach Hill Road. Mr. Loftus stated it was not a condition but could be imposed as a condition of approval . In response to Mayor Hunter, Mr. Laycook stated the entry statement would be upgraded as soon as approval is obtained for construction. He indicated agreement with the TSM fees . He requested the opportunity to modify the language regarding road repair bonds . He stated the language currently held Lennar responsible for any damage done by anyone in the specific plan. He stated they were willing to accept the bond but did not want to be responsible for everyone . Mr. Kueny suggested working with the City Attorney to amend the language . He suggested allowing the final language to be approved by the City Attorney and City Manager. Minutes of the City Council Moorpark, California Page 12 May 19, 1999 Councilmember Harper suggested following the initial Planning Commission recommendation on setbacks . He stated he did not support any variation on setbacks . In response to Mayor Hunter, Planning Commissioner Landis stated the Commission had approved the resolution, but did not approve the requested sideyard setbacks . He discussed the time spent on setback issues . He stated the applicant is proposing a five-foot setback. He discussed privacy issues . He stated the project would be the gateway to the City. He stated the Planning Commission was unable to approve the setback variance . In response to Councilmember Evans, Commissioner Landis stated the Planning Commission had agreed with the architectural design as initially presented by the applicant . He stated one in five homes would meet a 10- foot side yard setback. Councilmember Evans stated he had information on setbacks different from that presented by Mr. Landis . In response to Councilmember Evans, Mr. Laycook stated the plan was designed to be consistent with the specific plan with a minimum side yard setback of 5 feet . In response to Mayor Hunter, Mr. Loftus stated the Specific Plan did establish a 5-foot setback with a caveat that when there is a second story with windows, then the setback is 10 feet . In response to Mayor Hunter, Mr. Menzis explained that if there were no windows, the setback requirement is 5 feet, but when there are windows, it is 10 feet . Mayor Hunter suggested a condition requiring buyers to be informed of the setback requirements . Councilmember Evans stated the project was a nice project for the gateway to the City. He discussed the benefits of the project . He stated 80 percent of proposed homes would have over 16 feet of side yard setback. Councilmember Rodgers concurred with Councilmember Evans regarding the plan. She discussed side yard setbacks in Mountain Meadows and the privacy issues with limited setbacks . She supported the suggestion for a sideyard setback disclosure. Mr. Laycook stated the applicant is not opposed to sideyard disclosure . Minutes of the City Council Moorpark, California Page 13 May 19, 1999 Councilmember Harper approved of the elevations and color selections but stated the project was proposing very large homes on small lots . He stated he could not support the project due to huge homes on small lots . Councilmember Evans stated a waiver was unnecessary. In response to Councilmember Rodgers, Mr. Laycook stated the price range of the homes would vary from approximately $250, 000 to $500, 000 . He stated that he would need additional time to respond to her question regarding the percentage of houses in the most expensive area of the development with 5-foot side yard setbacks . Mr. Loftus discussed Condition No. 4 . He stated the applicant had provided diagrams showing their opinion on window offset, which staff did not oppose. Mr. Loftus suggested replacing Condition No. 28 with the following language to allow flexibility to site the homes, maintain privacy, and maintain a 5-foot setback: "The average distance between buildings for Tract 4975 would be 16 . 8 feet, for Tract 4976 it would be 15 . 7 feet, for Tract 4977 it would be 15 . 1 feet, and for Tract 4980 it would be 16 . 1 feet . " Mr. Menzis stated the condition would be difficult to administer and calculate . In response to Councilmember Rodgers, Mr. Loftus explained the difference between the width of the building and side yard setback. He stated the numbers he presented were provided by the applicant . Mayor Hunter stated he thought Condition No. 28 could be eliminated. Councilmember Harper stated he would not support eliminating it . Councilmember Evans stated he concurred that Condition No. 28 was unnecessary. Councilmember Rodgers stated her concern with the distances between the buildings and using averages . Mr. Menzis stated the concern with the difficulty in administering the proposed average distance. Minutes of the City Council Moorpark, California Page 14 May 19, 1999 In response to Councilmember Harper, Mr. Loftus stated certain architectural features, such as a chimney, could encroach 24 inches into the setback. Mr. Kueny suggested leaving Condition No. 28 in and using the average as indicated by Mr. Loftus . CONSENSUS : By consensus, the Council determined to retain Condition No. 28 , amended to read "average standards" not "minimum. " Councilmember Harper stated he could not support 3-foot side yards . He stated the Planning Commission had initially recommended a 5-foot offset from a window. Councilmember Evans stated the exhibits show that 3 feet is adequate . He stated the applicant' s proposal is adequate and appropriate. CONSENSUS : By consensus, the council determined to leave Condition No. 4 as presented in the staff report . Mr. Laycook provided a response to Councilmember Rodger' s earlier question regarding setbacks and stated there would be 18 percent of homes in Tract 4977 with setbacks less than 5-feet, 1 percent in Tract 4976, 2 percent in Tract 4975 and 11 percent in Tract 4980 . Mayor Hunter closed the public hearing. Councilmember Harper stated maintenance of the vernal pool and potential connection of the trail system were still outstanding issues . Mr. Loftus stated the Council could delay ruling on the trail system reduction component of the Minor Modification application. Mr. Kueny asked the Mayor to restate his suggested language for the vernal pool . Mayor Hunter restated his suggested condition language for vernal pool maintenance as follows : "No building permits in Tract 4975 shall be issued until it can be demonstrated to the satisfaction of the Director of Community Development that the required permits for the vernal pool area have been obtained from the appropriate Federal and State agencies . Management of the affected area shall be provided through a conservation easement or Minutes of the City Council Moorpark, California Page 15 May 19, 1999 transfer of ownership to a governmental agency or appropriate non-profit organization. Applicant will bear responsibility for maintenance of the area for a period of ten years at a cost not to exceed $100, 000 . " Mr. Kueny suggested that prior to issuance of building permits, the item should come back to the City Council . Mr. Kueny also suggested adding a condition for a conservation easement for open space and including Councilmember Wozniak' s suggestion regarding the trail system. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 99-1608 approving Residential Planned Development Permit Nos . 98-3 , 98-4 , 98-5, and 98-6 with amendments as outlined by City Manager. The motion carried by roll call 3-2 , Mayor Hunter and Councilmember Harper dissenting. AT THIS POINT in the meeting, Councilmember Evans suggested hearing Item 10 .B. CONSENSUS : By consensus, the Council determined to reorder the agenda to take Item 10 .B. at this point in the meeting. 10 . PRESENTATION/ACTION/DISCUSSION: B. Consider Minor Modification No. 2 to Specific Plan 92-1 (Carlsberg Specific Plan) to Modify the Specific Plan Text and Maps by: A) Amending the Architectural Theme, Design/Development Standards and Landscape Concept; B) Reduction in the Length of the Trail System; C) the Addition of a Secondary Monument Sign to Identify Residential Neighborhoods - Applicant : Lennar Homes of California. (Continued from May 5, 1999) . Staff Recommendation: Adopt Resolution No. 99-1609 approving Minor Modification No. 2 to Specific Plan No. 92-1 (Carlsberg Specific Plan) . Mr. Loftus suggested deferring action on the portion of the Minor Modification related to the reduction in the length of the trail system. MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to adopt Resolution No. 99-1609 approving Minor Modification No. 2 to Specific Plan No. 92-1 (Carlsberg Specific Plan) with the exception of the reduction in the length of the trail system. The motion carried by unanimous voice vote . Minutes of the City Council Moorpark, California Page 16 May 19, 1999 9 . PUBLIC HEARINGS : B . Consider Request by Archstone Communities for Approval of General Plan Amendment No. 97-3 for a Change in the Land Use Designation of the General Plan from General Commercial (C-2) to Very High Density Residential (VH) , Zone Change No. 97-7 to Change the Zoning Designation of the Property from CPD (Commercial Planned Development) to RPD 16 . 2 (Residential Planned Development - 16 . 2 Units Per Acre Maximum) , and Residential Planned Development Permit No. 97-1 for Construction of 312 Apartment Units . (Continued from May 5, 1999 with public hearing open) . Staff Recommendation: 1) Accept public testimony and close the public hearing on General Plan Amendment No. 97-3 , Zone Change No. 97-7 and Residential Planned Development Permit No. 97-1; 2) Direct staff to schedule a public hearing for Planning Commission review and recommendation to the City Council regarding Development Agreement No. 97-4 ; and 3) Continue the public hearing regarding Residential Planned Development Permit No. 97- 1, General Plan Amendment No . 97-7 and Zone Change No. 97-7 to June 2 , 1999 . Mr. Loftus gave the staff report . He recommended the project approval decision be deferred until the time of the public hearing for the Development Agreement . Mr. Kueny clarified that no action should be taken on any of the proposals . In response to Mayor Hunter, Mr. Kueny stated the City would assist in obtaining the right-of-way. He explained that the City would obtain the right-of-way for Park Lane and the applicant would pay for the cost including improvements . John Luedtke, 217 Technology Drive, Irvine, representing Archstone Communities, presented an overview of the project design. He discussed the affordable housing units . In response to Councilmember Evans, Mr. Luedtke stated all proposed affordable housing would be on-site . In response to Mayor Hunter, Mr. Luedtke discussed the issue of parking. He discussed the reasons the Planning Commission had determined the parking ratio to be adequate. Minutes of the City Council Moorpark, California Page 17 May 19, 1999 Councilmember Harper stated he was satisfied with the parking issue. In response to Councilmember Rodgers, Mr. Luedtke explained how guests would obtain access and the location of the guest spaces . In response to Mayor Hunter, Mr. Luedtke stated all parking spaces would be for full-size vehicles . Councilmember Rodgers discussed her concerns regarding the left-turn lane on Los Angeles Avenue to Moorpark Avenue. She discussed impacts to Regal Park Condominiums to the east . In response to Councilmember Rodgers, Mr. Kueny referenced Condition No. 68 regarding improvements to the intersection. In response to Mayor Hunter, Mr. Kueny stated the west side of Moorpark Avenue would remain "no parking. " In response to Mayor Hunter, Mr. Luedtke stated there was adequate parking at the Le Club apartments but suggested phasing in "no parking" on the east side of Moorpark Avenue. In response to Councilmember Rodgers, Mr. Loftus explained that the condition related to garage parking requires that the garage be available for parking of an automobile . MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to continue the item to June 2 , 1999 . The motion carried by unanimous voice vote . AT THIS POINT in the meeting, a recess was declared. The time was 11 :42 p.m. The meeting reconvened at 11 : 50 p.m. with all Councilmembers present . C. Consider Adoption of Ordinance No. 253 Amending the Municipal Code by Adopting the Current Editions of the Uniform Building Code, National Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code, Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings and the Uniform Administrative Code. Staff Recommendation: 1) Open the public hearing and receive testimony on Ordinance No. 253 ; 2) Close the public l Minutes of the City Council Moorpark, California Page 18 May 19, 1999 hearing; and 3) Waive full reading and declare Ordinance No. 253 read for the second time and adopted as read. Mr. Nowak gave the staff report . Mayor Hunter opened the public hearing. There being no one wishing to speak, Mayor Hunter closed the public hearing. Ms . Traffenstedt read the ordinance title for Ordinance No. 253 . MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to waive further reading. The motion carried by unanimous voice vote. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to declare Ordinance No. 253 introduced for first reading. The motion carried by unanimous voice vote. D. Consider Resolution No. 99-1610 to Enable the Enforcement of the California Vehicle Code in the Privately Owned Parking Facilities Located at 5260 Bonsai Avenue (IPD-98- 4 : Parcel 14 of LDM-8) and 5395 Kazuko Court (IPD-98-5 : Parcel 15 of LDM-8) . Staff Recommendation: Adopt Resolution No. 99-1610 declaring certain privately owned parking facilities to be subject to certain provisions of the California Vehicle Code. Mr. Gilbert gave the staff report . Mayor Hunter opened the public hearing. There being no one wishing to speak, Mayor Hunter closed the public hearing. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 99-1610 declaring certain privately owned parking facilities to be subject to certain provisions of the California Vehicle Code . The motion carried by unanimous voice vote. E. Consider Resolution No. 99-1611 Approving the Change of Control of the Cable Communications Franchise Held by TCI Cablevision of California to Century Communications Corporation. Staff Recommendation: 1) Open the public hearing and take testimony; 2) Close the public hearing and enter into discussion on the matter; and 3) Adopt Resolution No. 99-1611 approving the change of control of the cable communications franchise held by TCI 1 Minutes of the City Council Moorpark, California Page 19 May 19, 1999 Cablevision of California, Inc. to Century Communications Corporation. Mr. Nowak gave the staff report . Lee Perron, Century Communications, indicated he was available to answer any questions . Dan Deutsch, TCI Cable, indicated he was available to answer any questions . In response to Councilmember Harper, Mr. Nowak stated the City Attorney had reviewed the modified language in Section 2 . MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to adopt Resolution No. 99-1611 approving the change of control of the cable communications franchise held by TCI Cablevision of California, Inc . to Century Communications Corporation. The motion carried by unanimous voice vote . 10 . PRESENTATION/ACTION/DISCUSSION: A. Consider Request for the Construction of a Traffic Signal at the Intersection of Los Angeles Avenue (State Route 118) and Montair Drive (American Products, Inc . ) (Continued from April 21, 1999) . Staff Recommendation: Take no action on the subject request . CONSENSUS : By consensus, the Council determined to take the item off the calendar. D. Consider Vote on Park and Recreation Maintenance and Improvement Assessment District Ballot . Staff Recommendation: Authorize the City Manager to sign the Park and Recreation Maintenance and Improvement Assessment Ballots for City owned property on behalf of the City and in support of the assessment . Ms . Lindley gave staff report . In response to Councilmember Wozniak, Ms . Lindley explained that under Proposition 218 , the City is not excluded from the assessment . Mr. Kueny stated this is not a property tax but rather an assessment . MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to authorize the City Manager to sign the Minutes of the City Council Moorpark, California Page 20 May 19, 1999 Park and Recreation Maintenance and Improvement Assessment Ballots for City owned property on behalf of the City and in support of the assessment . The motion carried by unanimous voice vote . E. Consider Introduction of Ordinance No. 254 Amending Section 5 .52 . 140 of the Municipal Code Pertaining Only to the Hardship Provision at Mobile Home Parks . Staff Recommendation: Introduce on first reading Ordinance No. 254 amending Section 5 . 52 . 140 of the Municipal Code pertaining only to hardship provision. Mr. Nowak gave staff report . Ms . Traffenstedt read the ordinance title for Ordinance No. 254 . MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to waive further reading. The motion carried by unanimous voice vote . MOTION: Councilmember Rodgers moved and Councilmember Harper seconded a motion to declare Ordinance No. 254 introduced for first reading. The motion carried by unanimous voice vote . F. Consider Establishing Public Works Supervisor/Inspector Position. Staff Recommendation: Direct staff to: 1) Leave the currently vacant position of Maintenance Worker II unfilled; 2) Proceed with recruitment efforts necessary to fill the position of Public Works Supervisor/ Inspector; and 3) Direct staff to present the Budget for Public Works for FY 1999/00 with the addition of the position of Public Works Supervisor/Inspector and with a reduction in the number of Maintenance Worker II positions from two (2) to one (1) . MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to direct staff to: 1) Leave the currently vacant position of Maintenance Worker II unfilled; 2) Proceed with recruitment efforts necessary to fill the position of Public Works Supervisor/Inspector; and 3) Direct staff to present the Budget for Public Works for FY 1999/00 with the addition of the position of Public Works Supervisor/Inspector and with a reduction in the number of Maintenance Worker II positions from two (2) to one (1) . The motion carried by unanimous voice vote . G. Consider City Council Resolution No. 99-1612, Authorizing the City to Obtain State Summary Criminal History Minutes of the City Council Moorpark, California Page 21 May 19, 1999 Information of Prospective Employees and Volunteers . Staff Recommendation: Adopt Resolution No. 99-1612 . MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to adopt Resolution No. 99-1612 . The motion carried by unanimous voice vote. H. Consider Resolution No. 99-1613 , Adopting Revised Rules of Procedure for Council Meetings and Related Functions and Activities and Rescinding Resolution No. 98-1495, and Ordinance No. 255 Amending Section 2 . 04 . 010 , Meetings- Time, of Chapter 2 . 04, Title 2, of the Moorpark Municipal Code. Staff Recommendation: 1) Adopt Resolution No. 99- 1613 ; and 2) Waive full reading of Ordinance No. 255 and declare the ordinance introduced for first reading. Ms . Traffenstedt gave the staff report . MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 99-1613 . The motion carried by unanimous voice vote . Ms . Traffenstedt read the ordinance title for Ordinance No. 255 . MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to waive further reading. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to declare Ordinance No. 255 introduced for first reading. The motion carried by unanimous voice vote. I . Consider the Issue of an Additional Police Officer at the Moorpark High School . Staff Recommendation: Direct staff as deemed appropriate . Mayor Hunter recommended continuing the item. Councilmember Harper stated he had previously proposed a community services officer and had met with strong opposition from staff at Moorpark High School . He suggested obtaining a consensus from the faculty at the High School . He indicated his support for an additional officer if the High School staff so approved. Mayor Hunter stated he had discussed a curriculum with Captain Lewis be based upon the DARE programs, decision making and life skills, and ability to address peer 1 Minutes of the City Council Moorpark, California Page 22 May 19, 1999 pressure . He stated it would not be a security officer position, but rather a resource and role model . He stated he supported the idea. Councilmember Harper stated the previous proposal was perceived with opposition so the matter should be approached delicately. CONSENSUS : By consensus, the Council determined to continue the matter to the next Budget session. J. Consider City Manager' s Recommended Operating and Capital Improvements Budget and City Goals and Objectives for Fiscal Year 1999/2000 . (Continued from May 12 , 1999 adjourned meeting) . Staff Recommendation: Set date for next Budget Study Session. CONSENSUS : By consensus, the Council determined to continue the item to June 9, 1999 . 11 . CONSENT CALENDAR: Councilmember Evans stated there was no need to pull Item 11 .F. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote . A. Consider Approval of Minutes of Special Joint City Council and Parks and Recreation Meeting of March 24 , 1999 . Consider Approval of Minutes of Special City Council Meeting of May 6, 1999 . Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register of May 19, 1999 . Fiscal Year 1998/99 Manual Warrants 44453 - 44458 $ 20,549.61 Regular Warrants 44460 - 44485 - D $279, 649.13 44486 - 44554 - V $ 47, 955 .74 Minutes of the City Council Moorpark, California Page 23 May 19, 1999 Staff Recommendation: Approve the Warrant Register. C. Consider Request for Amicus Support in California Supreme Court Case of Haggis Versus City of Los Angeles - Issues Related to Property Inspections . Staff Recommendation: Direct the City Attorney to sign a letter authorizing the City of Moorpark to be added to the amicus brief . D. Consider Authorizing Mayor to Approve Membership for the City of Laguna Woods in the California Joint Powers Insurance Authority (JPIA) . Staff Recommendation: Authorize the Mayor, as the California JPIA Director for the City of Moorpark, to approve membership for the City of Laguna Woods . E. Consider Notice of Completion for Peach Hill Road Widening Project . Staff Recommendation: 1) Accept the work as complete; 2) Instruct the City Clerk to file the Notice of Completion for the project; and 3) Authorize the release of the retention upon satisfactory clearance of the thirty five (35) day lien period. F. Consider a Proposal to Install and Maintain Beverage Vending Machines at the Moorpark Metrolink Station. Staff Recommendation: Decline the proposal . G. Consider Section 4 of Resolution No. 98-1486 Pertaining to Vacation Leave Cash Out. Staff Recommendation: Approve the cash out of accrued vacation leave pursuant to Section 4 of Resolution No. 98-1486 . H. Consider Appointment of Rusty Reed of Charles Abbott Associates, Inc. , as City Engineer. Staff Recommendation: Receive and file the report . 12 . ORDINANCES : None . 13 . CLOSED SESSION: None was held. Minutes of the City Council Moorpark, California Page 24 May 19, 1999 14 . ADJOURNMENT: MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 12 : 12 a.m. / (POP/i� i Patrick nter, Mayor ATTEST: OO��a 2 Deborah S . Traffensfeloit, City Clerk 2pIO;,& `v „ 90,/ 049Tep w�