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HomeMy WebLinkAboutAGENDA REPORT 2002 0717 CC REG ITEM 11AITEM I �_ NOWINA& MINUTES OF THE CITY COUNCIlf City Cmincii 1-Tcr.tinZ Moorpark, California rf August 1, 2001 A Regular Meeting of the City was held on August 1, 2001, in located at 799 Moorpark Avenue, 1. CALL TO ORDER: AC'TTON: AD Vfd Council of the City of Moorpark the Council Chambers or said i y Moorpark, Cali or rte.- -+r�- Mayor Hunter called the meeting to order at 6 :57 p.m. 2. INVOCATION: Pastor Errol Hale, Shiloh Community Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Councilmember Harper led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Mikos, Millhouse, Harper, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; Joseph Montes, City Attorney; Wayne Loftus, Director of Community Development; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Walter Brown, City Engineer; Captain Robert LeMay, Sheriff's Department; John Libiez, Planning Manager; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and La -Dell VanDeren, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: None 6. PUBLIC COMMENT: None. AT THIS POINT IN THE MEETING, the Council meeting was recessed to convene the Redevelopment Agency meeting. The time was 7:00 Minutes of the City Council Moorpark, California Page 2 August 1, 2001 p.m. The Council meeting reconvened at 7:17 p.m. with all Councilmembers present. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Millhouse requested that the agenda be reordered as follows: Item 10.C. to the end of the Action /Discussion items and Item 10.E. to be moved up to follow Item 10.A. CONSENSUS: By consensus, the Council determined to reorder the agenda to move Item 10.C. to follow Item 10.G. and to move Item 10.E. to follow Item 10.A. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Wozniak requested a future agenda item regarding the left -turn pocket at Spring Road and Los Angeles Avenue (southbound on Spring Road to eastbound New Los Angeles Avenue). 9. PUBLIC HEARINGS: A. Consider Final Review and Changes to the Engineer's Report for Assessment District 01 -3 (Cabrillo Economic Development Corporation - Tentative Tract 5161) and the Adoption of a Resolution Confirming the Assessment Amounts for Fiscal Year 2001/02. Staff Recommendation: 1) Open the public hearing, receive testimony, and close the public hearing; 2) Approve Engineer's Report for ADO1 -3 for FY 2001/02, with no changes from the report approved by City Council Resolution No. 2001- 1871; and 3) Adopt Resolution No. 2001 -1874 confirming the assessments for ADO1 -3 for FY 2001/02. Mr. Gilbert gave the staff report. Mayor Hunter opened the public hearing; there being no speakers, Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Mikos seconded the motion to: Approve the Engineer's Report for ADO1 -3 for FY 2001/02, with no changes from the report approved by City Council Resolution No. 2001 -1871; and adopt Resolution No. 2001 -1874 confirming the assessments for ADO1 -3 for FY 2001/02. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 3 August 1, 2001 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Teen Council Appointments and Amendments to Teen Council Guidelines. (Continued from July 18, 2001) Staff Recommendation: 1) Adopt amendments to the Teen Council Guidelines consistent with the staff report and direct staff to include the Teen Council Guidelines in the next update of the City Council Policies Resolution; and 2) Make appointments to the Teen Council for a one -year term to begin on July 1, 2001. Ms. Traffenstedt gave the staff report. Mayor Hunter discussed the applications and stated that he intended to nominate the following applicants: Zahabiya Chithiwala, Andrea Green, Todd Koszela, Taylor Skinner, Amanda Lopez, Shannon Pflaumer, Greg Priebe, Brittany Stephens and Heather Harper. Councilmember Wozniak commented about how impressive the entire group of teens was that had applied for the Teen Council. Mayor Hunter asked that rules be waived with regard to individual voting and asked that the Council vote on the total slate of nominees. MOTION: Mayor Hunter moved and Councilmember Millhouse seconded the motion to: 1) Adopt amendments to the Teen Council Guidelines consistent with the staff report and direct staff to include the Teen Council Guidelines in the next update of the City Council Policies Resolution; 2) waive rules to vote on each nomination separately; and 3) appoint Zahabiya Chithiwala, Andrea Green, Todd Koszela, Taylor Skinner, Amanda Lopez, Shannon Pflaumer, Greg Priebe, Brittany Stephens and Heather Harper to the Teen Council for a one -year term ending June 30, 2002. The motion carried by voice vote 4 -0, Councilmember Harper abstaining. E. Consider County of Ventura's Moorpark Road Realignment Project. Staff Recommendation: Direct staff as deemed appropriate. Mr. Gilbert gave the staff report. Minutes of the City Council Moorpark, California Page 4 August 1, 2001 In response to Councilmember Mikos, Mr. Gilbert stated there were engineering problems associated with restricting turn movements. In response to Councilmember Millhouse, Mr. Butch Britt, Ventura County Public Works Agency, explained that any median that would restrict northbound traffic on the realigned Moorpark Road from continuing north onto Miller Parkway would also affect left turn movements from vehicles southbound on Miller Parkway. In response to Mayor Hunter, Mr. Britt replied that other alterations such as a "zebra stripe median" could be installed, but a physical barrier could not be put in the center of the intersection. In response to Councilmember Millhouse, Mr. Britt stated that through traffic could be restricted; however, not with a center median. In response to Councilmember Harper, Mr. Britt suggested a left -turn signal with protected turn arrows versus a raised median. Mayor Hunter summarized safety and design concerns. In response to Mayor Hunter, Jarrod DeGonia, representing Supervisor Mikels, stated he could not state her position on the Norwegian grade project. He did state that Supervisor Mikels is supportive of the Moorpark Road realignment project because of safety concerns, and that she had asked the County Public Works staff to design an intersection to achieve the City's objectives to restrict through traffic. In response to Councilmember Millhouse, Mr. DeGonia confirmed that Supervisor Mikels had told Councilmember Millhouse that the intersection could be designed to restrict through traffic. In response to Councilmember Mikos, Mr. Gilbert replied there will be no raised median, only signage and striping. He stated that a raised median would not be possible. X41 Minutes of the City Council Moorpark, California Page 5 August 1, 2001 Councilmember Harper stated that a protected left turn northbound and southbound could be used rather than just passive signs. Mr. Kueny stated it will take some time to design the intersection. He also stated that the Tierra Rejada Road median might need to be pulled back for a short distance. Ruth Pritkin, a Moorpark resident, stated her opposition to the County Moorpark Road project and that she was in support of a physical barrier to restrict through traffic. Anthony Capitele, a Moorpark resident, stated his opposition to the County Moorpark Road project and spoke about traffic concerns. He requested that residents not have restricted turn movements out of their neighborhood. Mayor Hunter stated to Mr. shares his concerns re impacting residents. Mayor are willing to accept some movements. Councilmember through movement to Santa affected. Capitele that the Council garding through traffic Hunter asked if residents restriction on their turn Harper stated that the Rosa Road would also be Mr. Capitele stated he would like to be involved and share his opinion on a solution. Ralph Rodriguez, a Moorpark resident, thanked the Council for opposing the project, and requested a very careful study for the safety of the community. Mr. Traffenstedt stated that three written statement cards in opposition to the County project had been received from: Ralph Mauriello, Marcia Capitelli, and Scott Kams. Mayor Hunter stated that there is merit in allowing staff to work with the County on the design and that he wants to consider a center median to be studied. Councilmember Harper stated he would like to have more analysis of how to minimize restricting turn movements Minutes of the City Council Moorpark, California Page 6 August 1, 2001 from Miller Parkway but yet still preclude through traffic from Moorpark Road onto Miller Parkway. Councilmember Mikos stated she was not convinced that a partial barrier isn't possible versus a painted median. Councilmember Millhouse stated that he agreed with what had been said by other Councilmembers. Mr. Kueny asked for Mr. Britt to speak about the County's schedule. Mr. Britt stated that the County is proceeding to purchase the right of way for the project and plan to advertise for construction this fall. In response to Mayor Hunter, Mr. Britt stated that the cost for existing Moorpark Road improvements were more that the proposed realignment project. Mr. Kueny suggested delaying issuance of the encroachment permit to allow a solution to be developed. He suggested the item be continued to September 5, 2001. In response to Mr. Kueny, Mr. Montes stated that the County may be concerned with the statute of limitation of 90 days from the date of approval of the encroachment permit. Councilmember Millhouse suggested the City Attorney be authorized to prepare a limited tolling agreement to extend the time period for the County to file a lawsuit. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to direct staff to meet with County staff regarding the design for the Moorpark Road realignment /Miller Parkway intersection and authorized the City Attorney to work with County Counsel on a Tolling Agreement to extend the lawsuit filing period, and continued the Item to the September 5, 2001 meeting. The motion passed by voice vote 4 -1, Councilmember Harper dissenting. Minutes of the City Council Moorpark, California Page 7 Auaust 1, 2001 Councilmember Harper explained his reason for voting no was that Supervisor Mikels has only offered to partially mitigate the impacts of the County project. AT THIS POINT in the meeting, a recess was called. The time was 8:13 p.m. The meeting reconvened at 8:41 p.m. with all Councilmembers present. Mayor Hunter announced a request for reconsideration of Item 10.E. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to reconsider the previous motion for Item 10.E. The motion carried by unanimous voice vote. Councilmember Wozniak stated he wanted staff to look at the need to control through traffic on both Miller Parkway and Spring Road. He stated that he does not want to shift the problem by redirecting traffic from Miller Parkway to Spring Road. CONSENSUS: By consensus, the study potential through traffic Moorpark Road realignment. Council directed staff to also impacts on Spring Road from the Mayor Hunter stated that Items 10.B. and 10.F would be heard concurrently with separate staff presentations. B. Consider a Request to Modify Condition of Approval No. 1 of Conditional Use Permit No. 94 -01 of Moorpark Country Club Estates to Reduce the Number of Holes of Play for the Required Golf Courses from Thirty -six (36) Holes to Twenty -seven (27) Holes and Addendum No. 4 to the Certified Environmental Impact Report (EIR) (SCH #9408175) - Toll Bros. Inc., Applicant. (Continued from July 18, 2001) Staff Recommendation: 1) Accept public comment; 2) Consider the request to modify the number of holes of play of the golf courses as conditioned under CUP 94 -01, and approve Addendum No. 4 to the project certified Environmental Impact Report; and 3) Adopt Resolution No. 2001 -1875 granting Minor Modification No. 3 to the Country Club Estates Project. Mr. Loftus gave the staff report. F. Consider First Amendment to Settlement Agreement among City of Moorpark, Toll CA GP Corp., and Toll CA, L.P. {.. `V - L', , 31 Minutes of the City Council Moorpark, California Page 8 August 1, 2001 Staff Recommendation: Approve First Amendment subject to final language approval of City Attorney and City Manager and authorize the Mayor to sign on behalf of the City. Mr. Kueny gave the staff report. In response to Mayor Hunter, Mr. Kueny stated the $220,000 payment referenced on page 2 would need to be paid immediately upon execution. He also stated that the discounted rates for seniors and students would need to be offered year round. In response to Councilmember Harper, Mr. Kueny stated that the original Development Agreement did not specify the amount of the discount. Mayor Hunter suggested a 10 percent discount. Councilmember Harper suggested a 25 percent discount. In response to Councilmember Mikos, Mr. Kueny stated no other discount other than for seniors and students was previously considered. Mr. Craig Messi, representing Toll Brothers, stated is was available for questions. He stated that the senior discount and various other discounts will be a minimum of 10 percent guaranteed. He also stated they anticipated a discount for City residents. He responded to the initial payment question and confirmed that the payment by Toll Brothers would be immediate. In response to Mayor Hunter, Mr. Kueny stated that the senior discount should be for age 60 and older. Mr. Messi stated they would agree to age 60. Mayor Hunter asked that age 60 be included in the agreement. In response to Councilmember Harper, Mr. Messi agreed that students included college students. Mr. Messi stated he would not be able to agree to more than a 10 percent discount at this time. Minutes of the City Council Moorpark, California Page 9 August 1, 2001 Mr. Kueny spoke about Toll Brothers hosting the interscholastic golf programs and stated that Toll would typically negotiate directly with the School District and the discount would typically exceed the 10 percent discount offered generally. Eloise Brown, a Moorpark resident, stated she recalled that when the project first came forward there were two golf courses proposed and one was to be a municipal course. Pete Peters, a Moorpark resident, stated that he was pleased with Toll Brothers and their grading efforts. He spoke of his concern about the additional traffic on Walnut Canyon Road, potential accidents on that roadway, and the developer fees that were being used to help with the traffic relief on Walnut Canyon Road. Gordon Mazur, a Moorpark resident, spoke about traffic concerns on Walnut Canyon Road and stated he is a neighbor to the Toll Brothers project and is directly affected. Councilmember Mikos asked for response to public comment questions regarding a municipal golf course. In response to Councilmember Mikos, Mr. Kueny replied that it was not part of the final development agreement. In response to Councilmember Mikos regarding traffic, Mr. Loftus discussed circulation system improvements approved for the Specific Plan No. 2 project, including improvements planned for Walnut Canyon Road and Spring Road. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion for Item 10.B. to approve Addendum No. 4 to the project certified Environmental Impact Report, and adopt Resolution No. 2001 -1875 granting Minor Modification No. 3 to the Country Club Estates Project. The motion carried by unanimous voice vote. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion for Item 10.F. to: 1) Approve the First Amendment to Settlement Agreement as revised by Council to include definitions for students and seniors, and to identify the 10 percent discount for students and Minutes of the City Council Moorpark, California Page 10 August 1, 2001 seniors and due date for $220,000 payment, and subject to final language approval of the City Attorney and City Manager; and 2) Authorize the Mayor to sign on behalf of the City. The motion carried by unanimous voice vote. D. Consider Planning Commission Recommendation Concerning the Alternative Architectural Themes for a Proposed Retail /Commercial Center Including Target and Kohl Department Stores at the Southwest Quadrant of New Los Angeles Avenue and Highway 23. Staff Recommendation: 1) Consider and discuss the presentation by applicant and recommendation from the Planning Commission; and 2) Direct staff as deemed appropriate. Mr. Loftus gave the staff report. Brian Wolf, P & R Architects, 111 W. Ocean Boulevard, Laguna Beach, representing Zelman Retail Partners/ Zelman Development Company as the project architect, stated the project applicant was seeking direction on the architecture. He stated the Planning Commission reviewed three styles and the consensus was that a Spanish Revival was preferred. He discussed the conceptual site plan, architecture and type of retail center planned. Robert Exel, Vice President of Zelman Development Company, 515 South Figueroa Street, Suite 1230, Los Angeles, stated he was available for questions. Mark DiCecco, a Moorpark resident and City Planning Commissioner, discussed the importance of the project design at the gateway to the City. He stated the site plan does not have adequate pedestrian access and that it ignored the project behind it. He stated that an intimate scale does not exist with the current design. In response to Councilmember Millhouse, Mr. DiCecco discussed potential pedestrian access linking the industrial development to the south and discussed the Spanish revival architectural theme. Gerald Goldstein, a Moorpark resident, discussed entrance to the City concerns. Mayor Hunter stated that this site is the last large commercial development that the city of Moorpark will C Minutes of the City Council Moorpark, California Page 11 August 1, 2001 have a chance to build. He also stated that, in his opinion, the first draft development plan has a long way to go and does not meet community standards. He stated that his first impression is that this appears to be a large strip mall with the orientation of the large buildings to the rear. In comparison, he spoke about the Promenade in Westlake and stated that in comparison that center is open, inviting and interesting. Mayor Hunter stated that there is nothing creative about this center. He stated that this project requires a significant amount of work. Councilmember Harper stated he concurred with the Mayor's comments and that a straight store frontage of this mass is not attractive. He requested that the developer come back with better drawings with more people oriented areas. He stated pedestrian areas also needed places for people to sit. Mr. Wolfe, stated that he would work with staff to address the issues raised by Council. Councilmember Harper clean roof lines as freeway. He stated line of sight and a the signage must community. stated he would also like to see the roofs will be seen from the the developer needs to consider design solution. He stated that blend with the scale of the Councilmember Wozniak stated he concurred with the need for pedestrian access between the commercial and industrial projects and asked for large walkways through the center. He also stated that the Council does not want a strip mall appearance. Councilmember Mikos stated she concurred with the comments and wants the project to be more pedestrian friendly. She stated she is not enamored with the Spanish revival style. She also stated she does not want to see a straight line of buildings. Councilmember Millhouse stated he spoke to the applicant about design changes over a month ago and was disappointed his previous comments were not addressed. He stated the straight line of buildings must be modified. He stated the project needs to be more pedestrian friendly. Minutes of the City Council Moorpark, California Page 12 August 1, 2001 Councilmember Mikos asked if a tall architectural feature could be blended into the center to allow a higher sign. Mayor Hunter stated the tenant mix is important to the success or failure of the center and that he hoped the applicant would get the City's concurrence with what residents would like to have available. He suggested a bookstore, places to eat, a clothing store, and a Trader Joe's. Councilmember Millhouse also suggested a sporting goods store, a water fountain area with seating, and coffee and ice cream sales. Mr. Exel asked what was the preferred architectural style and whether Spanish revival was acceptable to the Council. Councilmember Harper stated that Spanish revival is the closest consensus the applicant could get. Mr. Wolfe thanked the Council and stated he would attempt to address the Council's comments. G. Consider Amendment to Lease Agreement with Moorpark Unified School District at 30 Flory Avenue for Expansion of Moorpark Police Services Center. Staff Recommendation: Approve Amendment subject to final language approval of City Manager and City Attorney and authorize City Manager to sign on behalf of the City. Mr. Kueny gave the staff report. MOTION: Mayor Hunter moved and Councilmember Harper seconded the motion to approve the Amendment subject to final language approval of the City Manager and City Attorney and authorize the City Manager to sign on behalf of the City. The motion carried by unanimous voice vote. C. Consider Approval of Proposed City Goals and Objectives for Fiscal Year 2001 -2002. (Continued from June 20, 2001). Staff Recommendation: Approve City Goals and Objectives for Fiscal Year 2001/2002. Minutes of the City Council Moorpark, California Page 13 August 1, 2001 Mr. Kueny gave the staff report. Mayor Hunter referred to the lists of objectives received from Councilmember Millhouse and Councilmember Mikos. Councilmember Mikos discussed her recommendation to consider doing the Goals and Objectives earlier in the year. She discussed her list and suggested one additional item, which was rezoning of the prior SP -8 property this year. Councilmember Millhouse stated his list is focussed on traffic mitigation and youth activities. He stated he has proposed some specific deadlines for some of the projects. He stated his agreement with receiving the objectives earlier in the budget process, perhaps December. He outlined his list of objectives including having an aquatic center in place by summer of 2003; additional softball and soccer fields to accommodate youth groups; and adding a fourth field at Arroyo Vista Community Park and lighting them all with photovoltaics or other energy saving lighting. Councilmember Harper referenced stamped page 64 and stated that the City Manager's recommended top ten list is the closest to consensus. He stated that the Open Space, Conservation and Recreation (OSCAR) and Circulation Elements should be added to the third bullet item on page 64 and the next to last bullet item on stamped page 65 should include the trail system along the Arroyo Simi. Councilmember Mikos stated that an item regarding City website upgrade should be added to the City Manager's list as a priority item. She expressed a concern that interest in the Arroyo Simi will be focussed only on the trail system and stated that the General Plan update should include the concept of a greenway for the Arroyo Simi. Mayor Hunter stated he is Arroyo Simi as a priority items on the list have more he stated it should be a stated he is looking for widest range of attraction not ready to include the for this year when other expansive appeal; however, long -term objective. He ten items that have the to the broadest range of 910'.:, ^. Minutes of the City Council Moorpark, California Page 14 August 1, 2001 people in the City. He stated his top priority items include construction of a community pool, construction of a police station on Spring Road, and traffic mitigation issues. Councilmember Wozniak stated that staff has the ability to pick up on the items that the Council wants action on. He stated he wants the top ten objectives to have the broadest appeal for the City of Moorpark, and the City Manager's list is consistent with the citizen's priorities. Councilmember Millhouse stated his agreement that the top ten objectives should have the broadest range of appeal. He concurred with adding the OSCAR Element to the third bullet item on stamped page 64 and incorporating the management of the Arroyo Simi with the trail system. He stated the website upgrade is not one of his top ten priority items for the next fiscal year; however, it is important for the long term. Councilmember Harper stated he did not include any technology items in the top ten to give time for the new Information Systems staff person to get on board. He stated everything on the City Manager's list is top priority. He suggested adding to the second to last bullet item on stamped page 65, the wording about providing recreational use of the Arroyo Simi watershed. Councilmember Mikos stated that more than recreation should be addressed in the second to last bullet item. She suggested there should be a balance between management, flood control, recreation, habitat enhancement, and all of the resources of the Arroyo Simi. Councilmember Millhouse suggested development of a comprehensive plan for the Arroyo Simi rather than a piecemeal approach. Mr. Kueny stated that historically the council consensus has been to bring the Goals and Objectives back on the council agenda as a consent item. He suggested that at the second regular meeting of January, staff bring back a concise status report on Minutes of the City Council Moorpark, California Page 15 August 1, 2001 the top ten objectives and use that to lead up to the budget process. Mayor Hunter stated that he wants to continue to use the term aquatic facility for the community pool. He stated he expects staff to stay on schedule for the deadline of summer /fall of 2003. He stated that if there is a chance the aquatic facility project will fall behind, it should be brought to the council's attention. Mr. Kueny stated it is his intent that, at the second meeting in January, there will be a status on the top ten with a comprehensive report on each of the items. Councilmember Mikos stated that the last item on the City Manager's list should include some focus on housing in the downtown specific plan, and consideration for commercial and retail. Mayor Hunter stated that he thinks those projects will move along at their own pace. He stated he does see that it will take significant staff time to address the top ten items. CONSENSUS: By consensus, the Council approved the modified City Manager's list of top ten priorities, directed staff to schedule City goals and objectives for fiscal year 2001/2002 for consent calendar approval on September 5, 2001, and directed staff to schedule a progress report on top ten priorities for January 16, 2002. 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion for approval of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Special Joint Meeting of City Council and Planning Commission of May 17, 2001. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register for 2000 -2001 Fiscal Year - August 1, 2001. Minutes of the City Council Moorpark, California Page 16 August 1, 2001 Manual Warrants 106304 - 106315 & $ 3,705.13 106544 Voided Warrants 106310 & 106311 $ (0.00) (Pentamation additional 106557 remittance copies) Regular Warrants 106546 - 106563 $235,181.16 Staff Recommendation: Approve the Warrant Register. C. Consider Approval of Warrant Register for 2001 -2002 Fiscal Year - August 1, 2001. Manual Warrants 106298 - 106301 & 106316 - 106531 - 106542 - 106545 106299 & 106320 & 106532 & 106543 & Voided Warrant 106317 Payroll Liability 106321 - 106328 & Warrants 106533 - 106541 $ 474,238.94 $ (23,580.00) $ 13,531.18 $ 16,601.72 Regular Warrants 106467 - 106530 & $1,018,325.35 106564 - 106611 $ 74,715.29 Staff Recommendation: Approve the Warrant Register. D. Consider Adoption of Resolution Amending the FY 2001/02 Budget for Portable Restroom Rentals. Staff Recommendation: Adopt Resolution No. 2001 -1876, amending the FY 2001/02 Budget by $1,200 for the rental of portable restrooms during the Moorpark Packer Football season. E. Consider Request from Moorpark Kiwanis To Waive Park Rental Fees for a Softball Tournament. Staff Recommendation: Approve the request from Kiwanis of Moorpark to waive park rental fees associated with their Girls Softball Tournament, provided that they pay all direct costs incurred by the City, including one staff person dedicated to the Tournament. C ." d..} Minutes of the City Council Moorpark, California Page 17 August 1, 2001 F. Consider Request by Roam'n Relics Car Club to Hold Car Show on October 28, 2001 from 8 a.m. to 3 p.m. on High Street, and to Reduce City Fees. Staff Recommendation: 1) Waive fee for use of Redevelopment Agency property, charge Club the contract billing rate for police charged by the County, and charge Club the direct cost of other staff to plan the event; 2) Require Club to pay an encroachment permit fee ($100) and a temporary use permit fee ($88); and 3) Require Club to provide the City and Agency with an indemnification agreement and name the City and Agency as additional insureds on the Club's insurance policy. G. Consider Authorizing the City Manager to Execute an Amendment to Contract 99 -50; Agreement for Professional Services Audit Services provided by Vavrinek, Trine, Day and Company. Staff Recommendation: Authorize the City Manager to extend the agreement with Vavrinek, Trine, Day and Company for audit services for audit year 2000/2001, at a cost not to exceed $26,475.00 and for audit year 2001/2002 at a cost not to exceed $27,750.00. H. Consider Notice of Completion for the 2000 Asphalt Overlay Project [Including Spring Road & Los Angeles Avenue Rehabilitation Projects]. Staff Recommendation: 1) Adopt Resolution No. 2001 -1877 approving an amendment to the FY 2000/2001 Budget by revising the appropriation and budget for the subject project as follows: General Fund [Fund 1000]: $19,724 increase; L. A. Ave. AOC [Fund 2501]: $87,490: Total Increase $107,214; and 2) Accept the work as completed. I. Consider Report of Annual Development Agreement Review, Established in Connection with a 35 -Acre, Detached Single - Family Residential Unit Project Located on the South Side of Los Angeles Avenue, West of Leta Yancy Road (Formerly Liberty Bell Road) (Tract 5053, Pacific Communities) . Staff Recommendation: 1) Accept the Director of Community Development's Report and recommendation that, on the basis of substantial evidence, Pacific Communities has complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. J. Consider Adoption of Resolution Amending the Fiscal Year 2001/02 General Fund Budget for a Reward for Minutes of the City Council Moorpark, California Page 18 August 1, 2001 Information Concerning Missing Person Megan Barroso. Staff Recommendation: Adopt Resolution No. 2001 -1878 amending the 2001/2002 General Fund Budget by $10,000 for a reward for information concerning mission person Megan Barroso. K. Consider Approval of Project to Construct a Double Left -Turn Lane [West -to- South] and Other Improvements in the Vicinity of the Intersection of Los Angeles Avenue and Tierra Rejada Road [ Albertson's] . Staff Recommendation: 1) Approve the Agreement subject to final language approval of the City Manager and City Attorney, and authorize the City Manager to sign the Agreement between the City and Albertson's regarding project implementation; 2) Approve the project plans and specifications for construction and for the purpose of establishing design immunity pursuant to Section 830.6 of the Government Code of the State of California; and 3) Authorize staff to advertise for receipt of bids for the construction of the subject project. L. Consider Establishing Program for Employee Resourcefulness and Creativity. Staff Recommendation: Approve Program for Employee Resourcefulness and Creativity and authorize the City Manager to approve and implement the Program Guidelines. M. Consider Approving a Policy Regarding the Placement of Vertical Street Banners in the Public Rights -of -Way. Staff Recommendation: 1) Approve the proposed Policy for Banners in the Public Rights -of -Way. 12. ORDINANCES: None. 13. CLOSED SESSION: Mr. Kueny recommended that the City Council adjourn to closed session for a discussion of Items 13.C, 13.F., 13.H., 13.I., 13.J., and 13.K. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adjourn to closed session for a discussion of Items 13.C, 13.F., 13.H., 13.I., 13.J., and 13.K. The motion carried by unanimous voice vote. The time was 10:23 p.m. Cv,. li , ; fl) j 4; �.. V• r..' v Minutes of the City Council Moorpark, California Page 19 August 1, 2001 C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO21825) F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Hidden Creek Ranch, LP, a California Limited Partnership and Messenger Investment Company, Inc., a California Corporation vs. The City of Moorpark and City Council of the City of Moorpark (Case No. SCO23388) H. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: (APN 512 -0- 150 -765) City Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Louis L. Borick Under Negotiation: Price and terms of payment I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, Assistant to City Manager /City Clerk, City Manager, City Attorney, City Engineer, Chief of Police, Director of Administrative Services, Director of Community Development, Director of Community Services, and Director of Public Works. J. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Employee Organization: Service Employees International Union, AFL -CIO, CLC, Local 998. K. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Unrepresented employees: Assistant City Manager, Director of Administrative Services, ATCM /City Clerk, Director of Community Development, Director of Community Services, Director of Public Works, Finance /Accounting Manager, Information Systems Supervisor, Planning Manager, Principal Planner, Recreation Superintendent, and Senior Management Analyst. 1..' `..I 'ar•' '1s'v Minutes of the City Council Moorpark, California Page 20 August 1, 2001 Present in closed session were all Councilmembers, Steven Kueny, City Manager; Joseph Montes, City Attorney (left the meeting at 10:55 p.m.) ; Hugh Riley, Assistant City Manager (left the meeting at 10:55 p.m.) ; Wayne Loftus, Community Development Director (left the meeting at 10:55 p.m.); Captain Robert LeMay, Sheriff's Department (arrived at 10:55 p.m. and left the meeting at 11:30 p.m.) ; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 11:39 p.m. Mr. Kueny stated that Items 13.C., 13.F., 13.H., 13.I., 13.J., and 13.K were discussed in closed session and that there was no action to report. 14. ADJOURNMENT: MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 11:39 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk MINUTES OF THE CITY COUNCIL Moorpark, California March 6, 2002 A Regular Meeting of the City Council of the City of Moorpark was held on March 6, 2002, 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 6:35 p.m. 2. INVOCATION: Reverend Errol Hale, from Shiloh Community Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Councilmember Wozniak led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Wozniak, and Mayor Hunter Staff Present: Steven Kueny, City Manager, Hugh Riley, Assistant City Manager; Joseph Montes, City Attorney; Mary Lindley, Director of Community Services; Walter Brown, City Engineer; Captain Robert LeMay, Sheriff's Department; Dana Shigley, Director of Administrative Services; Nancy Burns, Senior Management Analyst; Paul Porter, Principal Planner; Laura Stringer, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; La -Dell VanDeren, Deputy City Clerk S. PROCLAMATIONS AND COMMENDATIONS: B. Introduction of New Employee, Tracy Martin, Secretary I, in the Assistant City Manager's Department. Mayor Hunter provided a summary of Ms. Martin's experience and welcomed her as a new employee to the City of Moorpark. Minutes of the City Council Moorpark, California Page 2 March 6, 2002 A. Recognition of the Retirement of Sergeant Terry Hughes, Ventura County Sheriff's Department. Mayor Hunter deferred meeting since Sergeant arrival at the meeting. 6. PUBLIC COMMENT: this item until later in the Hughes was delayed in his A. Robert Coughlon, 11955 Silvercrest Street, spoke as President of the American Cancer Society Moorpark and Simi Valley Chapter. He requested the Council put on their agenda a proclamation to declare the month of March as Colon Cancer Awareness Month. Mayor Hunter requested staff to prepare a proclamation and place it on the March 20th City Council agenda. B. Gerald Goldstein, 11932 Los Angeles Avenue, addressed the Council relative to law enforcement and traffic issues in the City. AT THIS POINT in the meeting, Mayor Hunter noted that Sergeant Hughes was present to receive his recognition. Mayor Hunter provided a summary of Sergeant Hughes' accomplishments and presented him with a City of Moorpark proclamation and a plaque. AT THIS POINT in the meeting, the City Council recessed to convene to a Joint Session with the Moorpark Redevelopment Agency to consider simultaneously Redevelopment Agency agenda Item 4.A. and City Council agenda Item 9.D. The time was 7:05 p.m. The City Council meeting reconvened at 7 :30 p.m. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Hunter requested that due to the number of public hearings on the agenda that Item 12.A., the second reading of the ordinance be reordered immediately prior to the public hearings. CONSENSUS: By consensus, the Council determined to reorder Item 12.A. to be considered immediately prior to the consideration of the public hearings. �..F ^r�c, rr•, �q `a Minutes of the City Council Moorpark, California Page 3 March 6, 2002 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Millhouse reinforced what Mr. Coughlon had stated earlier in the meeting and emphasized the need for colon cancer testing for those persons over 50 years of age. He also stated that members of Rotary International are present in the audience and that their organization recently distributed sizable sums of money to various civic organizations. Councilmember Millhouse requested that the consideration of the City's purchase of traffic signs that contain radar equipment be placed on the City Council agenda for March 20, 2002. Councilmember Harper requested that a review of the City's tree protection ordinance be placed on a future agenda. 12. ORDINANCES: A. Consider Ordinance No. 278 Regulating Wireless Communications Facilities Within the City of Moorpark by Adding Chapter 17.42 and Amending Chapters 17.08 and 17.20 of Title 17, Zoning, of the Moorpark Municipal Code, and Repealing Ordinance No. 275 upon the Effective Date of This Ordinance. Staff Recommendation: Declare Ordinance No. 278 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 278. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to waive further reading of ordinance No. 278. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to declare Ordinance No. 278 read for a second time and adopted as read. The motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: A. Consider an Ordinance to Rescind Existing Chapter 15.24 and Replace with New Chapter 15.24, Regarding Flood Damage Prevention. (Continued open public hearing from City Council Meeting of February 6, 2002.) Staff Recommendation: Introduce Ordinance No. for first reading. Minutes of the City Council Moorpark, California Page 4 March 6, 2002 Walter Brown gave the staff report. There being no public speakers, Mayor Hunter closed the public hearing. Mr. Montes read the ordinance title. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to waive further reading. The motion carried by unanimous voice vote. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to declare the ordinance introduced for first reading. The motion carried by unanimous voice vote. B. Consider Proposals for Community Development Block Grant (CDBG) Funds ($197,623) for FY 2002/2003. (Continued closed public hearing from City Council Meeting of February 6, 2002.) Staff Recommendation: 1) Discuss funding allocations for FY 2002/2003; 2) Authorize the following allocations from FY 2002/2003 CDBG funds: (A) $143,400 for a Mini -Park in the Downtown Residential Area; (B) $29,643 for Public Service projects with the following allocations: (i.) Catholic Charities $7,643; (ii.) Senior Center Operations $12,000; (iii.) Senior Nutrition $10,000; (C) $24,580 for Administration costs with the following allocations: (i.) City Staff $22,580; (ii.) Fair Housing $2,000. Nancy Burns gave the staff report. Councilmember Mikos questioned if, due to the potential budget shortfall from the State, the Council can consider different direction for the funds at a later point in time. Councilmember Mikos explained that one voiced Council concern was to fund the Senior Olympics. In response to Councilmember Mikos, Mr. Kueny explained that the intent of the Budget and Finance Committee was that the City would fund the Senior Olympics out of the General Fund during the budget process. Mr. Kueny explained that changes can be made to the allocations of the CDBG funds, but that another public hearing would have to be conducted before reallocating the funds. Minutes of the City Council Moorpark, California Paqe 5 March 6, 2002 Councilmember Millhouse asked if the Senior Olympics are funded through the budget process what is the expected timeframe for that to take place. Ms. Lindley stated that it would depend upon what activities would be funded and what the Council direction would be. Mr. Kueny explained that groups applying for the funding were aware that the CDBG funds do not become available until after the new fiscal year begins on July 1, 2002. Councilmember Harper suggested that the City consider setting aside an equivalent amount of approximately $20,580 during the budget deliberations to fund some additional public service proposals in addition to those selected for CDBG funding. He explained the possibility of taking a like amount for what is being used for City staff and establish a separate fund out of the General Fund that would be used to augment the Block Grant funds in the areas of the services that have requested funds. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to authorize the following allocations from FY 2002/2003 Community Development Block Grant funds: (A) $143,400 for a Mini -Park in the Downtown Residential Area; (B) $29,643 for Public Service projects with the following allocations: (i.) Catholic Charities $7,643; (ii.) Senior Center Operations $12,000; (iii.) Senior Nutrition $10,000; (C) $24,580 for Administration costs with the following allocations: (i.) City Staff $22,580; (ii.) Fair Housing $2,000. The motion carried by unanimous roll call vote. C. Consider Commercial Planned Development Permit No. 2001 -01 for Construction of a 357,621 Square Foot Commercial Center, and Vesting Tentative Tract Map Ho. 5321 for Subdivision of Approximately Twenty Nine (29) Acres into Eight (8) Lots Located South of New Los Angeles Avenue, East of Miller Parkway, and West of the SR -23 Freeway on the Application of Zelman Retail Partners, Inc. (Continued open public hearing from February 27, 2002.) Staff Recommendation: 1) Open the public hearing, accept public testimony, discuss issues identified in staff report, and close the Minutes of the City Council Moorpark, California Paqe 6 March 6, 2002 public hearing; 2) Consider that the Environmental Impact Report for the Amended Carlsberg Specific Plan adequately addressed the impacts of the proposed commercial project; and 3) Adopt Resolution No. 2002 - conditionally approving Commercial Planned Development No. 2001 -01 and Vesting Tentative Map No. 5321, and directing the Planning Commission to initiate study of modifications to Chapter 17.30 of the Zoning Ordinance and /or Ordinance No. 195 related to revisions to lighting standards. Paul Porter gave the staff report. Mayor Hunter asked if undergrounding of the utilities on the north side of Los Angeles Avenue has been added as a condition for this project. Mr. Kueny responded that the issue was discussed during the Master Tract Map for the Carlsberg Specific Plan and the Council declined not to require it at that time. He stated that the previous determination does not preclude conditioning this applicant to provide undergrounding of the utilities. Mayor Hunter stated that the public hearing remains open. Robert Exel, 515 S. Figueroa Suite 1230, Los Angeles, addressed the Council as the Applicant representing Zelman Retail Partners. Mr. Exel presented a modified plan for the retail center. He stated that the current proposed /interested tenants include Kohl's, Target, TJ Maxx, Michael's, Linen's & Things, Quiznos, Baja Fresh, Cupid's Ice Cream, Starbucks, Pan Express, Coffee Bean and Tea, Cingular Wireless, Famous Footwear, Bath & Bodyworks, and Dress Barn. He also stated that the anticipated benefits to the community will be the creation of approximately 600 new jobs and the generation in excess of $600,000 in sales tax revenue the first year. Mr. Exel stated that timing is a critical element for their anchor stores. Chris Moore, representing Kohl's Department Stores, N56 W17000 Ridgewood Drive, Menomonee Falls, WI, addressed the Council. He provided a brief description Minutes of the City Council Moorpark, California Page 7 March 6, 2002 of their stores' merchandise and quality of facilities. Brian Wolfe, representing P &R Architects, 111 W. Ocean Boulevard, 21st Floor, Long Beach, CA, as architect for the applicant addressed the Council. Mr. Wolfe presented the proposed architectural plan for the retail center. Chuck Foley, representing Hirsch & Associates, 320 Loma Avenue, Long Beach, CA, addressed the Council as landscape architect for the applicant. Mr. Foley presented the proposed landscape plan for the retail center. Councilmember Millhouse questioned the term "gathering destination" for families in the area relative to this shopping area. In response to Councilmember Millhouse, Mr. Exel stated that the food court and the music will be the enticement for a gathering destination. He stated that there is a proposed fountain, and an outdoor gathering area that will include music. Also, Mr. Exel explained that there is an area at the end of area D -1 to be set aside for community events. Councilmember Wozniak stated his concern that fast food drive - through restaurants in the project are not acceptable. He stated that they cheapen the integrity of the project. Councilmember Wozniak expressed his desire to have a dramatic treatment to the gateway at Miller Parkway and New Los Angeles Avenue that makes a strong statement about the retail center. Additionally, he stated that he wants to see more and larger trees incorporated along the perimeter and closer to the buildings. Councilmember Harper agreed with Councilmember Wozniak about the entryway treatment and stated that it needs to be significant and more inviting. He stated that he wants an enhancement of the pedestrian walkways from the commercial /industrial projects and to the other parts of the City and the Center. He explained that he envisions employees from the surrounding areas walking to have lunch in the retail center. i. n Minutes of the City Council Moorpark, California Page 8 March 6, 2002 Councilmember Harper suggested that the majority of the trees planned for the landscaping should be evergreen instead of primarily deciduous trees to provide a consistent canopy and a more pleasing effect in the asphalt parking areas year round. He also stated that the proposed structure to house the Target store is not pleasing and yet the Target chain has stated that the cost for the project is already over budget. Councilmember Harper stated that this concern will have to be addressed. In response to Councilmember Harper, Mr. Exel replied that a meeting would be arranged with the City and Target's architect to work the issue out. Councilmember Harper stated that he wants to see more established restaurants incorporated into the development rather than fast food restaurants. He also suggested that some of the asphalt should be replaced with stamped concrete to make the food court area more attractive. Mr. Exel responded that the fast food restaurants are not easily visible from the street and that the proposed non -fast food restaurants are proposed to be located at the entrance to the Center. Councilmember Mikos expressed her concern that the bookstore chain Borders is electing to establish a store in Simi Valley and not as a tenant in the retail center in Moorpark. She stated that she is disappointed due to the fact that Moorpark is a college town and that a bookstore would be a good draw to the center. Councilmember Mikos asked Mr. Exel if this information has been communicated to the management of Borders. In response to Councilmember Mikos, Mr. Exel stated that Borders had very little interest in becoming a tenant of the Center. Councilmember Mikos suggested that since there is a pedestrian walkway connection to the business park and open space trail system, an interpretive type treatment to that area that includes a history of the area or an explanation of the flora and fauna would be a creative way to enhance it and make it a destination for the community. She also expressed concern about Minutes of the City Council Moorpark, California Page 9 March 6, 2002 the brightness of the lighting and how it might impact the night environment. Mr. Exel stated that the project will stay within the limitations set forth in the Municipal Code for lighting. Mayor Hunter stated that the proposed development appears to be based upon what the applicant can achieve as far as willing tenants and not necessarily on what the community needs or desires. He stated that he agrees with the lack of an entry statement and that needs to be modified. He also noted that the architecture is too linear with little interest or height variation across the top of the building lines. Mayor Hunter asked what changes have been made to the design that are different from what was originally proposed. Brian Wolfe stated that the following changes have been made: 1) the width of the pedestrian walkways has been changed from the original 15 feet to 24 feet average; 2) the pedestrian arcades on the north side of the project and the west side of Kohl's and Target have been extended to be 12 and 14 feet in depth with trellised landscaping; 3) the stone veneer columns are on every building; 4) decorative sconces and enhanced trim treatments have been added throughout the project; 5) the Target structure has a more articulated garden center and colonnades; 6) the TJ Maxx building has more variation in the design plan and has a forty -foot setback between Buildings B and C -1; and 7) the food court has tendrils that extend out into the center to a transit bus stop center that will be treated with a tile background, trellised landscape separation, and botanical garden. Mayor Hunter questioned why this project does not meet the design standards similar to those of The Commons in Calabasas and The Promenade in Westlake, which offer more interest and are less linear in architectural design and layout. Mr. Wolfe explained the details that are being offered in the design plan to allow for variation in depth and height of the project. Minutes of the City Council Moorpark, California Page 10 March 6, 2002 Mayor Hunter stated his concern about the number and size of the signs that are proposed for the development. Ruth Fritkin, a Moorpark resident, addressed the Council. She expressed concern that the retail center be of such quality that it will not become a retail failure. Scott Green, 33 E. High Street, expressed concern that the City not overburden the developer to the extent that they will decide not to pursue the project. Charles Devlin, 5148 Commerce Avenue, spoke in favor of the proposed retail center. Bryce Eddy, a Moorpark resident, expressed concern about the caliber of the anchor stores that have been attracted to the center. Mr. Eddy stated that a higher quality of tenant should be pursued for the center. Mary Roberts, a Moorpark resident, spoke in support of the proposed retail center. Linda Plaks, a Moorpark resident, spoke in support of the project and encouraged the City to work with the developer to make it successful. She also stated that the center needs a restaurant that is unique to the area that would entice visitors to the center. Pat Gilhooly, 4525 Wilshire Blvd, Suite 202, spoke representing The Clover Company, a retail real estate company that specializes in site selection and market strategies for local and national retailers. Mr. Gilhooly stated that he is representing Kohl's Department Stores and T. J. Maxx. He requested the City's support for the project. Mark DiCecco, a Moorpark resident and Planning Commissioner, spoke in favor of the retail center. Bill Bauman, spoke representing Colliers Seeley Company, 444 S. Flower Street, #2200, Los Angeles, the marketing agent for the project property. He explained the factors that are used to determine what type of retailers will locate in a community. He stated that the retailers that are being proposed for this center Minutes of the City Council Moorpark, California Page 11 March 6, 2002 are appropriate for the City's profile and citizens. He encouraged the City to support the retail center. In response to Councilmember Millhouse, Mr. Bauman stated that Barnes & Noble were not interested in being a tenant in this center because they already have a store in Thousand Oaks. He continued by stating that Borders Bookstore also declined tenancy in this proposed center due to a lack of population density in the geographic area. Pat Gilhooly stated that Borders decided to locate in Simi Valley due to the greater population density and the access that it would allow to the Porter Ranch area as well. Councilmember Millhouse commented that the freeway access to this proposed retail center would allow for easier access to a bookstore than a location on a surface street such as Tapo Canyon located in the center of Simi Valley. Steve Sill, a Moorpark resident, spoke in favor of the project and encouraged the City to support it. Scott Mosher, 200 Casey Road (Moorpark Boys and Girls Club), spoke in favor of the project and stated that it would be a major asset to the community. Dina Nelli, a Moorpark resident, expressed concern about the caliber of the tenants that are being attracted to the center. She stated that she wants a high - quality center. Jim Stueck, a Moorpark resident, spoke in favor of the project and stated that the employment opportunities are needed within the City. Mayor Hunter noted that late speaker cards were submitted to the City Clerk. CONSENSUS: By consensus, the Council determined to waive their rules of procedure and accept the late speaker cards. Gerald Goldstein, 11932 Los Angeles Avenue, spoke relative to the quality of construction of the proposed center. �..• v �... v :,ref Minutes of the City Council Moorpark, California Page 12 March 6, 2002 Kipp Landis, a Moorpark resident and Planning Commissioner, stated that the center's architectural design should contain Western elements. He also stated that the design has too many linear elements and the freeway signage is undesirable. Mr. Landis suggested that this center should be an attraction for visitors from other cities. Bernardo Perez, a Moorpark resident, provided a brief history of the property and various land use proposals that were considered over the years. He encouraged the City to take action and support the project. Councilmember Mikos stated that she has visited the Kohl's Department Store in another state and that Kohl's would be a desirable tenant for this retail center. She also stated that she wants a bookstore included in the tenant mix at the center. Thomas K. Stoddard, spoke representing Cypress Land Company, 10940 Wilshire Blvd, Los Angeles. He stated that they are a contiguous landowner to the proposed development. Mr. Stoddard explained that his company is currently preparing a proposed design for a master planned business park. He spoke in favor of the proposed retail center. Mayor Hunter requested the City Clerk to summarize the contents of three written speaker cards that were submitted. Ms. Traffenstedt responded that the submitters of the speaker cards are in support of the retail center. The persons submitting the written statement cards were John Newton, 165 High Street, Suite 103, Moorpark; Carla Robertson, 165 High Street, Suite 103, Moorpark; and Pam Justin, a Camarillo resident. AT THIS POINT in the meeting, the Council took a recess. The time was 10:00 p.m. The Council reconvened at 10:25 p.m. Mayor Hunter called the meeting back to order and stated that one additional speaker card had been submitted. CONSENSUS: By consensus, the Council determined to waive their rules of procedure and accept the late speaker card. CIN ✓v .»i Minutes of the City Council Moorpark, California Page 13 March 6, 2002 Lauren S. Schwartz, a Moorpark resident, expressed her concern about the high crime rate of fast food restaurants and a concern about the light pollution that may result from this proposed retail center. Ms. Schwartz also stated her concern about the quality of merchandise sold by some of the proposed tenants of the center. Mayor Hunter noted that the time has come to reorder the agenda. CONSENSUS: By consensus, the Council determined to continue Items 10.B. and 10.C. to the regular City Council meeting of March 20, 2002. Robert Exel addressed the Council in response to Council and public comment relative to the proposed retail center. He stated that the reasons for their being able to attract certain tenants and not others is based upon certain demographic data. He provided the comparative details for the cities of Thousand Oaks, Calabasas, and Moorpark based on 3- and 5 -mile radius statistics. He stated that the average population for Moorpark, Thousand Oaks and Calabasas within a 3 -mile radius is 25,000, 46,000, and 69,000, respectively. Additionally, Mr. Exel stated that the average annual income within a 3 -mile radius for each of the cities is $97,000 (Moorpark), $114,000 (Thousand Oaks), and $113,000 (Calabasas). He further stated that the average population within a 5 -mile radius of Moorpark, Thousand Oaks, and Calabasas is 81,000, 113,000, and 174,000, respectively. Mr. Exel cited the average annual income within a 5 -mile radius of Moorpark, Thousand Oaks, and Calabasas as being $96,000, $107,000, and $100,000 in that order. Mr. Exel explained that the number of college degrees in a community also determines where certain retailers will locate their establishments. He stated that due to the lower population density in Moorpark that number is lower and may be a partial reason for some of the retailers not wanting to locate here. He stated that the applicant will approach Borders and Barnes & Noble bookstores again in the next few days to provide them the opportunity to become a tenant at the center, and, if not, find out the reasons that they are electing not to locate in Moorpark. Minutes of the City Council Moorpark, California Page 14 March 6, 2002 In response to Mayor Hunter, Mr. Exel stated that the applicant would welcome any assistance from the City relative to communication with the two bookstore companies. Councilmember Mikos commented that the statistics Mr. Exel just provided to the Council are based on the 1990 census and it would be helpful to have current demographic information when speaking to the prospective tenants. Mr. Exel said they will pursue higher quality restaurants as tenants. Relative to the design standards, Mr. Exel stated that the applicant will review the corner treatment at Miller Parkway and New Los Angeles Avenue and the need for the pylon sign on Miller Parkway. He stated that the pylon sign on New Los Angeles Avenue and on the freeway are necessary since the trees within the center will grow and make the signs on the stores themselves less visible to potential customers. He explained that a tradeoff in return for more landscaping in the center and around the perimeter would be more signage along the perimeter of the center. Relative to the lighting issue, Mr. Exel assured the Council that the applicant will not present an excessive lighting situation such as exists in the Tapo Canyon retail center. He also commented that the issue of the main entrance treatment will be reviewed by the center designers to explore an enhanced and more interesting appearance based upon this evening's Council comments and upon approval by Caltrans. Mr. Exel said the applicant will review what can be done to make the pedestrian walkway from the back more attractive, but they are limited with what can be done, since it also is designed as a service road and traffic cannot be blocked. He expressed concern that time is critical for moving forward with the project. He stated that Kohl's may decline to be a tenant if their timeframe for opening the store is not met. Mr. Exel explained that if Minutes of the City Council Moorpark, California Paqe 15 March 6, 2002 Kohl's is not a tenant then Linen's, Michael's and TJ Maxx will also decline to become tenants. In response to Mayor Hunter, Mr. Exel explained that the fast food restaurants play a large role in the financing approval for the entire project. He clarified that the fast food restaurants are granted ground leases which means that they construct their own buildings and are a positive element to financiers because of their investment commitment. Additionally, Mr. Exel stated that the fast food restaurants are financially profitable and are an essential part of providing a good economic basis on which the financing is approved. He explained that initially a car wash, service station, and delicatessen were proposed for the center, because they also are considered to be financially viable. However, he stated that those uses of the pads were considered undesirable for the center, so the fast food restaurants were considered as the better alternative. Chuck Foley, the landscape architect, addressed the Council and responded to the landscape comments made this evening. He agreed that the corner of New Los Angeles Avenue and Miller Parkway needs to be revised to make it more interesting and creative. He explained that the use of some deciduous trees are being proposed for the landscaping to provide a seasonal effect rather than strictly green foliage year round. In response to Councilmember Wozniak, Mr. Foley explained that the landscape designers will be developing a specific planting plan to incorporate the larger specimen trees. Councilmember Mikos asked if the artist's renderings or the photographs are the actual representation of what the project should look like upon completion. Mr. Foley clarified that the photographs are the designers influence, but that the renderings should match closely to details in the project submittal package. Councilmember Mikos commented that City staff should review discrepancies that appear between the Minutes of the City Council Moorpark, California Page 16 March 6, 2002 photographs and the artist's rendering to identify details that may have been overlooked. Councilmember Millhouse volunteered to meet with higher quality restaurants to invite them to become tenants. He stated that it is important to solicit them now, otherwise the center may ultimately contain only fast food restaurants. Councilmember Harper commented that the applicant is meeting with the architectural representative from Target Stores in one week. He recommended that the Ad Hoc Committee be involved in that meeting and that Planning Commissioner DiCecco should attend as a City representative as well. Councilmember Harper stated that a review should be done at that meeting to determine why the cost of the Target building has risen. He also commented he wants to see a bookstore included as a tenant. He suggested that the possibility exists that instructors at Moorpark College would order textbooks through a local bookstore to allow a more reasonable price for their students. Councilmember Millhouse requested clarification on how the Council wishes to proceed with meeting with restaurants and the bookstores as potential tenants for the retail center. Mr. Kueny stated Exel to contact established with stores and Mr. Councilmembers t( meeting. that one possibility would be for Mr. him when a meeting time has been the company personnel of the various Kueny would then notify individual see who is available to attend the Mr. Exel agreed with Mr. Kueny's suggestion. MOTION: Councilmember Wozniak moved and Councilmember Millhouse seconded a motion to continue this item to the regular City Council meeting of March 20, 2002, with the public hearing to remain open. The motion carried by unanimous voice vote. 10: PRESENTATION /ACTION /DISCUSSION: Minutes of the City Council Moorpark, California Page 17 March 6, 2002 A. Consider Appointment of City Council Ad Hoc Committee with Cardservice, International. Staff Recommendation: Appoint an Ad Hoc Committee. Mr. Kueny stated a staff report was not necessary. Councilmember Millhouse and Mayor Hunter volunteered to serve on the Ad Hoc Committee. CONSENSUS: By consensus, the Council determined that Councilmember Millhouse and Mayor Hunter will serve on the Ad Hoc Committee with Cardservice International. B. Consider Deferring General Plan Amendment (GPA) Prescreening Application Processing for Two Applications filed in 2001 (GPA Prescreen 2001 -02 and 2001 -03), One Application Filed in 2000 (GPA Prescreen 2000 -02), and any other Developer- Initiated GPA Prescreening Application until the November 2002 Application Filing Period. (Continued from City Council Meeting of February 6, 2002.) Staff Recommendation: 1) Direct staff to defer processing and consideration of GPA Prescreening Applications (except for GPA Prescreen 2000 -02 Applicant: DeeWayne Jones, until the November 2002 filing period; and 2) Direct staff to process GPA Prescreen 2000 -02 (Applicant: DeeWayne Jones) when resubmitted, with the understanding that if authorized for General Plan Amendment processing, the application would be prioritized behind those GPA applications already on file. C. Consider Minor Modification No. 3 to Amended Carlsberg Specific Plan dated September 7, 1994 (SP92 -1) to Allow Pylon Signs for the Proposed Commercial Shopping Center located South of New Los Angeles Avenue and East of Miller Parkway and West of the SR -23 Freeway. Staff Recommendation: Adopt Resolution No. 2002 - approving Minor Modification No. 3 to the Amended Carlsberg Specific Plan. Mayor Hunter reported that Items 10.B. and 10.C. have been continued by previous Council action to the City Council meeting of March 20, 2002. D. Consider Approval of the Preliminary Design of the Intersection of Moorpark Road, Tierra Rejada Road and Miller Parkway. Staff Recommendation: Approve the Minutes of the City Council Moorpark, California Page 18 March 6, 2002 conceptual design shown on agenda report Exhibit 3, "Proposed Option 3." Walter Brown gave the staff report. In response to Mayor Hunter, the City Clerk confirmed there were no public speakers for this item. Mayor Hunter commented that he can support Option 3 as presented in the staff report with the exception that the use of Bots dots be eliminated. In response to Mayor Hunter, Mr. Brown stated that judiciously located painted dots or stripes could be used instead of the Bots dots. Mayor Hunter explained that his concern rests with the aesthetics of the dots and with the additional noise. Mr. Kueny clarified that the City Engineer is recommending painted dots or stripes and he wants to ensure an understanding of the Council on what the recommended alternative is. Mayor Hunter stated that he is in agreement to use painted tracking marks. Councilmember Mikos asked the cost consequences if the Bots dots are installed later. Mr. Brown stated that the cost would be approximately $1,200 - $1,500. He stated that it can be typically done with maintenance services without outsourcing it. Councilmember Millhouse recommended that when this new design is implemented it may be helpful to have a traffic officer present at commuter times to help orient drivers to the new traffic patterns. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to approve the conceptual design shown on stamped page 359 of the agenda report Exhibit 3, "Proposed Option 3." The motion carried by unanimous voice vote. E. Consider Authorizing the City Manager to Sign Amendment No. 2 to Professional Services Agreement between the City of Moorpark and Professional Design Associates for Additional Work in the Preparation of Minutes of the City Council Moorpark, California Page 19 March 6, 2002 Landscape Design Guidelines. Staff Recommendation: 1) Provide additional recommendations on the content of the guidelines as deemed appropriate; and 2) Authorize the City Manager to sign Amendment No. 2 to the Professional Services Agreement with Professional Design Associates to develop Landscape Guidelines, Appendix and Optional Standards for a not to exceed amount of $14,170. Laura Stringer gave the staff report. Councilmember Harper expressed that the list of trees recommended for streets and parking areas be reviewed to ensure that it does not include such specimens as the ornamental plum tree which are extremely undesirable for vehicle parking areas. Councilmember Mikos agreed that the list of trees needs to be reviewed to preclude the use of undesirable trees for specific landscaping uses. In response to Mayor Hunter, the City Clerk stated that there are no public speakers for this item. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to 1) provide additional recommendations on the content of the guidelines as deemed appropriate; and 2) authorize the City Manager to sign Amendment No. 2 to the Professional Services Agreement with Professional Design Associates to develop Landscape Guidelines, Appendix and Optional Standards for a not to exceed amount of $14,170. The motion carried by unanimous voice vote. 11. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Warrant Register for Fiscal Year 2001 -2002 - March 6, 2002. Manual Warrants Voided Warrants Payroll Liability 108578 - 108581 108409 108671 - 108679 $935,659.87 $ (213.84) $ 11,285.16 Minutes of the City Council Moorpark, California Page 20 March 6, 2002 Warrants Regular Warrants 108582 - 108670 $179,946.29 Staff Recommendation: Approve the warrant register. B. Consider Moorpark Little League and Moorpark Girls Softball Use Agreements. Staff Recommendation: Approve five -year use agreements with Moorpark Little League and Moorpark Girls Softball Association and authorize the City Manager to execute the agreements on behalf of the City. C. Consider Award of Contract for Metrolink Station Landscape Design. Staff Recommendation: Approve a contract with Meeks and Associates for the design and specification for landscape improvements at the Metrolink Station at a cost not to exceed $11,050 and authorize the City Manager to execute said agreement on behalf of the City. D. Consider a Resolution to Amend the City Budget to Reflect the Total Final Cost for the Remodeling of 798 Moorpark Avenue for Offices for the Public Works Department. Staff Recommendation: Approve budget amendment and adopt Resolution No. 2002 -1949, amending the City budget. E. Consider Resolution Revising the Amount of the Appropriation and Budget for Traffic Signs [Gas Tax Fund 2605, Division 8310, Object 9303] to Acquire G7 -1 Style Street /Road Name Guide Signs and Adjust Account. Staff Recommendation: Adopt Resolution No. 2002 -1950 revising the amount of the appropriations and budget for the Sign Maintenance account. F. Consider Notice of Completion for the Construction of a Double Left -Turn Lane [West -to- South] and Other Improvements in the Vicinity of the Intersection of Los Angeles Avenue and Tierra Rejada Road [Albertson's]. Staff Recommendation: Accept the work as completed and authorize the exoneration of the bond on file for the construction of these improvements. G. Consider Notice of Completion for the Construction of the 2001 Parkway & Median Landscaping Project [Projects 8019 & 8025]. Staff Recommendation: Accept the work as completed. Minutes of the City Council Moorpark, California Page 21 March 6, 2002 H. Consider Approval of a Resolution Adopting a Revised Benefit Program for Management Employees and Rescinding Resolution No. 2001 -1884. Staff Recommendation: Adopt Resolution No. 2002 -1951. 13. CLOSED SESSION: Mr. Kueny announced that the City Council would be going into Closed Session for discussion of Item 13.E, Item 13.F. and Item 13.G. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adjourn to Closed Session for a discussion of Item 13.E., Item 13.F., and Item 13.G. The time was 11:24 p.m. E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 511 -0- 101 -380, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Byron - Nellie Rainey Trust Under Negotiation: Price and terms of payment F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 511 -0- 090 -340, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Margaret Gisler - Cullen Trust Under Negotiation: Price and terms of payment G. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, Assistant to City Manager /City Clerk, City Manager, City Attorney, City Engineer, Chief of Police, Director of Administrative Services, Director of Community Development, Director of Community Services, and Director of Public Works. Present in closed session were all Councilmembers; Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 11:44 p.m. Mr. Kueny stated that Items 13.E., Item 13.F., and Item 13.G were discussed and that there was no action to report. Minutes of the City Council Moorpark, California Page 22 March 6, 2002 14. ADJOURNMENT: Mayor Hunter adjourned the meeting at 11:39 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk