MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CALABASAS, CALIFORNIA, HELD WEDNESDAY, SEPTEMBER 22, 2004

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1 MINUTE OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CALABAA, CALIFORNIA, HELD WEDNEDAY, EPTEMBER 22, 2004 Mayor Harrison called the meeting to order at 7:02 p.m. in Conference Room No. 2, Mureau Road, Calabasas, California. ROLL CALL- Present: Mayor Harrison, Mayor pro Tem Groveman, Councilmembers Bozajian, Devine, Washburn. Absent: None. taff: Colantuono, Coroalles. CLOED EION The City Council recessed at 7:03 p.m. into closed session to confer with legal counsel regarding the following: 1. Real property negotiations, pursuant to Government Code, ection Negotiating parties: City of Calabasas and New Millennium Homes (NMH). Instruction: Discussion regarding property within NMH development. Identity of property: Tract No , Lot No Two matters of potential litigation, pursuant to Government Code ection (b)(3)(A), facts and circumstances that might result in litigation but which the City of Calabasas believes are not yet known to the potential plaintiff or plaintiffs. 3. Initiation of litigation, pursuant to Government Code ection b(3)(E), one potential case. The City Council reconvened from closed session at 7:41 p.m. with no reportable action. Mayor Harrison called the meeting to order at 7:49 p.m. in the City Council Chambers of City Hall, Mureau Road, Calabasas, California. ROLL CALL- Present: Mayor Harrison, Mayor pro Tem Groveman, Councilmembers Bozajian, Devine, Washburn. Absent: None. taff: Bartlett, Colantuono, Coroalles, Jomsky, Lysik, Mink, Parker, Parker- Bozylinski, teller, Tamuri, Yalda. The Pledge of Allegiance was led by usan Booker. APPROVAL OF AGENDA Councilmember Devine moved, seconded by Councilmember Washburn, to approve the agenda, amended by continuing Item Nos. 15 and 17 to the October 6, 2004 meeting. MOTION CARRIED 5/0.

2 ANNOUNCEMENT/INTRODUCTION Councilmember Washburn reminded residents to review the provisions of Propositions 1, 1A, and 65 in order to understand the impacts of each ballot measure and make an informed decision at the November 2, 2004 election. He also invited everyone to attend the Conejo/Las Virgenes Future Foundation a colloquium focusing on the issue of Financing Our Future sponsored by the Conejo/Las Virgenes Future Foundation on eptember 30, 2004 at the Thousand Oaks cherr Forum. Councilmember Devine wished those observing the Jewish holiday of Rosh Hashana to have a happy and healthy New Year. Mayor Harrison announced that the next City Council meeting will be held on aturday, October 2, 2004 for the annual City Commission reports and will also include an updated review of the Civic Center project to allow for City Council comments. ORAL COMMUNICATION - PUBLIC COMMENT Helene Regen, President of the Calabasas Park Homeowners Association (CPHA), reported that the CPHA Board of Directors would not support any action to remand the approved ign Ordinance back to the Planning Commission for further consideration. CONENT ITEM 1. Approval of the minutes for the June 2, 2004 City Council meeting. 2. Approval of the minutes for the June 16, 2004 City Council meeting. 3. Adoption of Resolution No , supporting Proposition 1A, the statewide ballot measure initiative that will prevent the state from further taking local government revenues. 4. Approval of the Headwaters Corner Management Agreement with Mountains Restoration Trust. 5. Authorization for City Manager to initiate negotiations for rebidding a Professional ervices Agreement for the development of a financing plan for the Civic Center Project. 6. Recommendation to approve a Professional ervices Agreement with W.R. Lind, Inc., to perform professional surveying services for the Civic Center Project, in an amount not to exceed $35, Recommendation to approve Professional ervices Agreements with Christopher A. Josephs and Associates, for environmental services, in an amount not to exceed $200, Recommendation to approve Professional ervices Agreements with Rincon Consultants, Inc., for environmental services, in an amount not to exceed $200, /22/2004

3 9. Recommendation to approve Professional ervices Agreements with Dudek and Associates, for environmental services, in an amount not to exceed $200, Recommendation to authorize the City Manager to execute a Job Access and Reverse Commute Grant Memorandum of Understanding with the Los Angeles County Metropolitan Transportation Authority for a grant amount of $160, Recommendation to approve the following Human Resources items: 1) Adoption of Resolution No , establishing employee flex credit amounts for 2005 benefits and rescinding Resolution No ; and 2) Adoption of Resolution No , amending Resolution No , rescinding Resolution , and establishing the amount and procedure for health benefit reimbursement for retirees. 12. Recommendation to award a Professional ervices Agreement to CRG Laboratories, Inc. for laboratory services for the Malibu Creek Watershed Monitoring Program in the amount not to exceed $200, Approval of Resolution No , authorizing staff to apply for a $200,000 grant under the Habitat Conservation Fund Program for the Headwaters Corners Interpretive Center located at the corner of Mulholland Highway and Old Topanga Canyon Road. 14. Approval of a Memorandum of Understanding with the Los Angeles Regional Water Quality Control Board adopting waivers of waste discharge requirements for residential onsite wastewater treatment systems. Councilmember Washburn moved, seconded by Councilmember Bozajian, to approve Consent Item Nos. 1, 3, 10, 11, 12, 13, and 14. MOTION CARRIED 3/0. Consent Item No. 2 Following discussion, Councilmember Devine moved, seconded by Councilmember Washburn, to approve the minutes of the June 16, 2004 City Council meeting, amended as follows: Page No. 4, fifth paragraph, change Councilmember Devine requested that the City Council consider a recycling program for electronics utilizing AB939 funds in the amount of $75,000 for fiscal year 2004/05 and $150,000 for fiscal year 2005/06 (Fund 14) to Councilmember Devine requested that the City Council consider the implementation of recycling programs for electronics, apartments and condos, and office buildings utilizing AB939 funds in the amount of $75,000 fiscal year for 2004/05 and $150,000 for fiscal year 2005/06 (Fund 14) /22/2004

4 Page No. 4, following the fifth paragraph, add City staff agreed to investigate each of the proposed recycling programs and return with a recommendation to the City Council. Page No. 6, fourth paragraph, change Councilmember Devine requested that additional funds be allocated to Fund 18 - Affordable Housing to investigate the possibility of converting some existing housing to create affordable units in the City to Councilmember Devine directed staff, with City Council consensus, to investigate the possibility of converting some existing housing to create affordable units in the City utilizing money from Fund 18 - Affordable Housing. AYE: Mayor Harrison, Mayor pro Tem Groveman, Councilmembers Bozajian, Devine, Washburn. NOE: None. ABENT: None. Consent Item No. 5 Michael Colantuono, City Attorney, clarified that the proposed Request for Proposals (RFP) would solicit proposals for price consulting services. Councilmember Bozajian moved, seconded by Mayor Harrison, to approve Item No. 5, amended by directing the City Manager to circulate an RFP to solicit proposals for price consulting services to finance the Civic Center project. MOTION CARRIED 5/0. Consent Item No. 6 Following discussion, Councilmember Devine moved, seconded by Councilmember Washburn, to continue Item No. 6 to the October 6, 2004 City Council meeting. MOTION CARRIED 5/0. Consent Item Nos. 7, 8, and 9 Following discussion, Councilmember Washburn moved, seconded by Mayor pro Tem Groveman, to approve Item No. 7, 8, and 9. MOTION CARRIED 5/0. PUBLIC HEARING 15. Adoption of a proposed resolution initiating legal proceedings to vacate Willow Glen treet and Oak Glen treet for the purpose of privatizing the tonecreek community along Las Virgenes Road; and adoption a proposed resolution approving Conditional Use Permit No and adopting a Mitigated Negative Declaration for the construction of walls and gates within the Las Virgenes Road cenic Corridor. Councilmember Bozajian moved, seconded by Mayor Harrison, to continue Item No. 15 to the October 20, 2004 meeting. MOTION CARRIED 5/ /22/2004

5 16. Adoption of Resolution No , approving an extension to the project time-line for Resolution No , vacating a certain portion of Driver Avenue between the west city limits and Parkville Road. Mayor Harrison opened the public hearing. Maureen Tamuri, Community Development Director, presented the staff report. John peciale, De Berry Drive, spoke in support of the project time-line extension. Mayor Harrison closed the public hearing. Councilmember Devine moved, seconded by Councilmember Washburn, to adopt Resolution No MOTION CARRIED 5/ Adoption of Resolution No , finding the City of Calabasas to be in conformance with the Congestion Management Program (CMP) and adopting the CMP Local Implementation Report, in accordance with California Government Code ection Councilmember Washburn moved, seconded by Mayor pro Tem Groveman, to continue the October 6, 2004 City Council meeting. MOTION CARRIED 5/0. PECIAL ITEM 18. Presentation of the Civic Center project final schematic design phase for City Council and public comment. Community Development Director Tamuri, Matt Buckles, Fields Devereaux Architects, Jim Weiner, Green Works, Alex Lamis, Robert A. M. tern Architects, and Gordon Conable, Library ystem ervices Inc., presented the final schematic design phase of the Civic Center project. Toby Keeler, Valdez Road, John Peters, Mulholland Highway, requested that the City Council consider amending the current schematic design to include a performing arts theater component. Richard Woolard, Faubian Place, urged for further discussion and consideration regarding pending Civic Center public safety issues. Tony Kissane, Calabasas, California, spoke in support of creating venues that would allow for musical performances. Fred Gaines, Paul Revere Drive, President of the Library Commission, reported that the Commission supported the current design and timing of the project. Michael Brockman, 4397 Park Vicente, and Jeff Cooper, Lorena Drive, discussed aspects of the project. The City Council recessed at 9:23 p.m. and reconvened at 10:01 p.m. UNFINIHED BUINE 19. Adoption of Ordinance No , amending Title 17 of the City of Calabasas Municipal Code, Land Use and Development - Chapter (igns), pertaining to signage within the City (ections ) /22/2004

6 Leon Koziewicz, 5444 Las Virgenes Road, Lori Fernand, Philrich Circle, Vice President of Las Virgenes Homeowners Association, Toby Keeler, Valdez Drive, Michael Brockman, 4397 Park Vicente, James Wrigley, 2340 tokes Canyon Road, ave Open pace, Mary Hubbard, 5411 Ruthwood Drive, Nolan and Valerie Burkholder, Calabasas residents, Fern Huddleston, 5204 Ambridge Drive, and Mayor Harrison on behalf of Francis Alet, Calabasas resident, spoke in opposition to the additional language regarding the inclusion of monument signs in the proposed ordinance. Bob Friedman, La Masina Court, Traffic and Transportation Commissioner, Jeff Cooper, Lorena Drive, spoke in support of the ordinance. David Brown, 5860 Belbert Circle, recommended that the City Council delay the approval of Ordinance No until a specific plan for this area can be developed. Councilmember Devine requested that staff be directed to investigate options for implementing a specific plan for West Calabasas Road including the feasibility of creating a Landscape, Lighting, and Maintenance district. Councilmember Devine moved to adopt Ordinance No , amended by eliminating, in its entirety ection (B)(3) - Calabasas Road District. MOTION DIED DUE TO LACK OF ECOND Mayor Harrison requested that the language regarding the measurement of monument signs in the Calabasas Road District be clarified so that the approving body will utilize the entire sign structure rather than just the sign area. He also requested that the approving authority for monument signs in the Calabasas Road District be limited to the Planning Commission. Councilmember Washburn moved, seconded Mayor pro Tem Groveman, to adopt Ordinance No , with the following amendments: Affirmation that the action to adopt Ordinance No is dependant upon the definition of ign Area, which is stated on Page No. 5, ection () - Definitions, ign Area - The area in square feet determined by drawing a line around the outer perimeter of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is place. Page No. 11, ection (B)(3) - Calabasas Road District, second sentence, change except that the City Council may grant an exception allowing a monument sign up to 25 feet in height and up to 150 square feet in sign area to except that the City Council, following review and consideration from the Planning Commission, may grant an exception allowing a monument sign up to 25 feet in height and up to 150 square feet in sign area. AMENDED MOTION Mayor Harrison moved to amend the motion by limiting the maximum height of monument signs to twenty feet with the approval of such monument signs to be considered by the Planning Commission. MOTION DIED DUE TO LACK OF ECOND -6-09/22/2004

7 AMENDED MOTION Councilmember Devine moved, seconded by Mayor Harrison, to adopt Ordinance No , amended by eliminating, in its entirety, ection (B)(3) - Calabasas Road District. Councilmember Devine stated the following for the record, It is in conflict with the cenic Corridor and the General Plan legislation of the City. Mayor Harrison stated the following for the record, I believe this entire modification has violated due process both legally and substantively. VOTE ON THE MOTION AYE: Mayor Harrison, Councilmember Devine. NOE: Mayor pro Tem Groveman, Councilmembers Bozajian, Washburn. MOTION FAILED ABENT: None. VOTE ON ORIGINAL MOTION AYE: Mayor Harrison, Mayor pro Tem Groveman, Councilmember Bozajian, Devine, Washburn. NOE: None. ABENT: None Councilmember Devine stated the following for the record, I vote yes for the overall bill having stated my serious objection to ection (B)(3) - Calabasas Road District. Mayor Harrison stated the following for the record, I am in favor of the ordinance, but am absolutely opposed and appalled about the modifications made by the other three. NEW BUINE 20. Recommendation from the Communications and Technology Commission for the following: 1) Adoption of Resolution No , approving the Charter Cable Franchise consolidation and renewal; and 2) Approval of amendments to the Adelphia Cable Franchises by requiring Adelphia to carry Charter Cable s signal from the current City Hall location to the new City Hall location. Deborah teller, Media Operations Director, presented the staff report. Following discussion, Councilmember Devine moved, seconded by Councilmember Washburn, to adopt Resolution No and approve the amendments to the Adelphia Cable Franchises by requiring Adelphia to carry Charter Cable s signal from the current City Hall location to the new City Hall location. MOTION CARRIED 5/ /22/2004

8 Consent Item No. 4 Mayor Harrison requested that the Management Agreement for Headwaters Corner be amended so that the provision requiring two Councilmembers to serve on the Headwaters Corner governing body be revised to require two appointments to the body by the City Council with at least one of the appointments to be a City Councilmember. Following discussion, Councilmember Devine moved, seconded by Councilmember Washburn, to approve the Headwaters Corner Management Agreement with the recommended revision that the two appointments to the governing body include at least one City Councilmember. MOTION CARRIED 5/0. INFORMATIONAL REPORT 21. Report regarding the Malibu Creek bacteria total maximum daily load regulations. Councilmember Devine moved, seconded by Councilmember Washburn, to receive and file the report. MOTION CARRIED 5/ eptember 2004 Check Register. No action taken. FUTURE AGENDA ITEM The City Council requested the following future agenda items: Update regarding the process for implementing the El Camino Real and Calabasas Road District. Appointment of two Headwaters Corner Management Boardmembers. Workshop for Planning Commissioners, City staff, and City Council for updating the General Plan. Discussion regarding the feasibility of rebidding the contract with the California Joint Powers Insurance Authority. Discussion regarding the codification of the City Council initiatives adopted at the April 9, 2003 City Council meeting. ADJOURN The City Council adjourned at 11:44 p.m. in memory of am Currey and to aturday, October 2, 2004 at 10:00 a.m. Mark Jomsky, Assistant City Clerk -8-09/22/2004