HomeMy WebLinkAboutAGENDA REPORT 2002 1002 CC REG ITEM 11Ar m nF MAORPARic. CALMORNiA
' . City Council Meeting
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Y'PC0yV1raen CaL ia MINUTES OF THE CITY COUNCIL
Rv. Moorpark, California March 20, 2002
A Regular Meeting of the City Council of the City of Moorpark
was held on March 20, 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 6:50 p.m.
2. INVOCATION:
Pastor Tony Amatangelo, from Life Spring Community Church,
gave the invocation.
3. PLEDGE OF ALLEGIANCE:
Sergeant Rick Alaniz 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; Ken Gilbert, Public
Works Director; Mary Lindley, Community
Services Director; Walter Brown, City
Engineer; Sergeant Rick Alaniz, Sheriff's
Department; Nancy Burns, Senior Management
Analyst; Paul Porter, Principal Planner;
Deborah Traffenstedt, Assistant to City
Manager /City Clerk; La -Dell VanDeren, Deputy
City Clerk.
5. PROCLAMATIONS AND COMMENDATIONS:
A. Proclamation to Recognize March 2002 as Colon Cancer
Awareness Month.
Mayor Hunter read the proclamation. Robert and Karen
Coughlon, representatives of the Board of the
Moorpark /Simi Valley Unit of the American Cancer
Society, were present to accept the proclamation.
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Moorpark, California Page 2 March 20, 2002
Mr. Coughlon thanked the City for the proclamation and
for their support of the American Cancer Society
activities.
B. Proclamation to Recognize March, 2002 as American Red
Cross Month.
Mayor Hunter read the proclamation and presented it to
Ms. Chris Grigg, Public Support Director, of the
Ventura County American Red Cross.
Ms. Grigg thanked the City Council for the
proclamation.
6. PUBLIC COMMENT:
Gerald Goldstein, Moorpark resident, addressed the Council
relative to law enforcement and traffic issues in the City.
AT THIS POINT in the meeting, Mayor Hunter announced that the
City Council would hold a joint public hearing with the
Redevelopment Agency to consider City Council Item 9.A. and
Agency Item 4.A. The time was 7:00 p.m.
9. PUBLIC HEARING:
A. Consider Conversion Impact Report and Change of Use of
Moorpark Mobilehome Park. Staff Recommendation: 1)
Continue taking public testimony and close the public
hearing; 2) Receive and file the Conversion Impact
Report (Relocation Plan for the High Street Project);
3) Establish a finding of consistency between action
already taken in adopting the Downtown Specific Plan
and an action to approve a change of use of the
Moorpark Mobilehome Park; and 4) Approve a change of
use of the Moorpark Mobilehome Park, pursuant to
Government Code Section 65863.7 and Civil Code Section
798.56.
Ms. Burns gave the staff report.
Councilmember /Agency Member Millhouse asked if any of
the tenants have expressed concern relative to whether
or not the assistance will be adequate to meet their
needs.
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Moorpark, California Page 3 March 20, 2002
Ms. Burns stated that questions have been posed as to
what the benefits will be for the relocation of the
tenants and that information is currently being
developed for them.
Mayor /Chair Hunter stated that the public hearing was
open for City Council Item 9.A. and Agency Item 4.A.
Ann Abbath, Moorpark resident, stated that she and her
family are tenants of a family member who owns the
house in which they are living. She also noted that
her son and his wife live at 51 W. High Street, which
is located on the same property. She explained that
the property is adjacent to the Moorpark Mobilehome
Park and is included in the Relocation Plan. She
stated that information has not been made available to
her regarding her family's possible relocation.
Mr. Kueny stated that the City is in the process of
performing an appraisal to acquire the property, and
it would be appropriate for the City to give the
tenants one year's notice. He stated that the City
intends to acquire the property within the one -year
period. He further stated that staff would meet with
Ms. Abbath, since there is some information that can
be related to the tenant without divulging information
that will compromise the property negotiations with
the owner.
Councilmember /Agency Member Mikos questioned if the
process is different for Ms. Abbath's family property
because it is adjacent to the Moorpark Mobilehome Park
and not part of the Park.
David J. Richman, 100 W. Broadway, Long Beach,
addressed the Council /Agency representing Pacific
Relocation Consultants. He responded that the laws
that affect tenants are the same, but the process
itself is slightly different in the establishment of
the benefits for tenants versus how it was
accomplished at the Mobilehome Park. He stated that
the compensation is based upon 42 months of rental
assistance; the inability to pay versus current rent;
and that the funds may be used to purchase a home or
to continue renting.
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Moorpark, California Paqe 4 March 20, 2002
In response to Councilmember /Agency Member Mikos, Mr.
Richman further explained that the difference between
the benefits being made available to this adjacent
property tenant and to the Moorpark Mobilehome Park
tenants, is that the property occupied by this tenant
has not been given an offer of purchase and the
Moorpark Mobilehome Park has already been purchased by
the City. He clarified that the acquisition offer is
the time distinction when the benefits are established
and extended to the tenants.
Mayor /Chair Hunter closed the public hearing for City
Council Item 9.A. and Agency Item 4.A.
CITY COUNCIL MOTION: (Item 9.A.) Councilmember Wozniak
moved and Councilmember Harper seconded a motion to: 1)
Close the public hearing; 2) Receive and file the
Conversion Impact Report (Relocation Plan for the High
Street Project); 3) Establish a finding of consistency
between action already taken in adopting the Downtown
Specific Plan and an action to approve a change of use of
the Moorpark Mobilehome Park; and 4) Approve a change of
use of the Moorpark Mobilehome Park, pursuant to Government
Code Section 65863.7 and Civil Code Section 798.56. The
motion carried by unanimous voice vote.
(The Redevelopment Agency motion for Item 4.A. is recorded
in the March 20, 2002 Agency regular meeting minutes.)
AT THIS POINT in the meeting, the City Council took a recess to
conclude the Redevelopment Agency meeting. The time was 7:13
p.m. The City Council meeting reconvened at 7:15 p.m.
7. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
Councilmember Mikos requested that Items 11.C. and 11.F. be
pulled for individual consideration.
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Millhouse requested a future agenda item
relative to the cost of operating the truck inspection
station on Highway 118 at the City's western perimeter five
days a week and to explore possible funding sources for
this item.
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Moorpark, California Paae 5
March 20, 2002
Mayor Hunter requested discussion of the Redevelopment
Agency's affordable housing policy for the April 3, 2002
Agency agenda.
9. PUBLIC HEARINGS:
B. Consider Commercial Planned Development Permit No.
2001 -01 for Construction of a 357,621 Square Foot
Commercial Center, and Vesting Tentative Tract Map No.
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. Staff Recommendation: 1) Continue to
accept public testimony, discuss any remaining issues,
and close the public hearing; 2) Consider that the
Environmental Impact Report for the Amended Carlsberg
Specific Plan adequately addresses the impacts of the
proposed commercial project; and 3) Adopt Resolution
No. 2002 -1952 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.
Ms. Traffenstedt gave the staff report and discussed
the Affordable Housing /Community Development Committee
(Mayor Hunter and Councilmember Harper)
recommendations on signage.
Mayor Hunter stated that the public hearing remains
open.
Robert Exel, 515 S. Figueroa, Suite 1230, Los Angeles,
addressed the Council representing Zelman Retail
Partners. Mr. Exel introduced the agenda for their
presentation this evening.
Ben Reiling, President of Zelman Development, 515 S.
Figueroa, Suite 1230, Los Angeles, addressed the
Council. Mr. Zelman stated that time is critical in
the furtherance of this project and he requested the
City Council's approval.
Brian Wolfe, representing P &R Architects, 111 W. Ocean
B1, 21st Floor, Long Beach, CA, addressed the Council.
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Moorpark, California Page 6 March 20, 2002
He stated the refinements that were made to the
proposed Target building as being the loading docks
will not be covered as previously proposed, but will
have screened walls so they will be more visually
pleasing. He also stated that a wall surfacing
material is now proposed that will be long lasting and
attractive and yet also provide the cost savings that
is needed. He stated the landscape design for the
corner of New Los Angeles Avenue and Miller Parkway
has been modified to incorporate a Moorpark
Marketplace themed monument element on a stone clad
wall using high- quality, brass /bronze lettering
material and surface illumination. He stated that the
same concept would be brought into the main entry to
have consistent project entries.
Mr. Wolfe also stated that they are proposing an
enhanced concrete pedestrian crossing connecting to
the business park. He noted that it has been
relocated to tie into the transit plaza.
He stated that the applicant has agreed to remove both
of the freestanding signs on Miller Parkway. He
additionally discussed how increased separation would
be provided between the freestanding signs along New
Los Angeles Avenue.
Mr. Wolfe discussed the pylon sign proposed adjacent
to State Route 23 stating that they are proposing the
addition of two sign panels to this sign and
increasing the height of the sign from 35 feet to
approximately 45 feet.
Charles Foley, Hirsch & Associates, Inc., 320 Loma
Avenue, Long Beach, addressed the Council as the
applicant's landscape architect. He discussed changes
to the corner element at Miller Parkway and New Los
Angeles Avenue. He described the use of seasonal
color and the concept of carrying the same marketplace
theme of the other two project entries to this corner.
In response to Mayor Hunter, Brian Wolfe summarized
the Target building architectural revisions that were
discussed in the Ad Hoc Committee meeting held on
March 13. He stated that the exterior finish system
could be modified to a high quality elastomeric
coating that will provide an estimated savings of
Minutes of the City Council
Moorpark, California Paae 7 March 20, 2002
$400,000. He further explained that the decision to
not cover the loading docks would save approximately
$75,000. Mr. Wolfe stated that the projecting
colonnade elements on the front of the building do not
have to be roofed over, but instead have heavy timber
beams connecting above the columns. Additionally, he
stated that the sidewalk running along the west side
of Target can be installed as standard gray concrete,
with the walkway in front of the building to remain as
enhanced hardscape, saving approximately $30,000 -
$35,000.
Ron Wood, Southern California Representative for
Borders Books, addressed the Council. In response to
Councilmember Millhouse, Mr. Wood stated the criteria
for locating Borders Books is density of population
and the number of four -year and advanced college
degrees within the trade area. He stated that their
average store in Southern California has approximately
36,000 college educated people in the trade area as
defined by a polygon rather than circles. He noted
that the Moorpark /Fillmore trade area reflects
approximately 5,500 college educated people. He
stated that this defined trade area includes only a
small portion of Thousand Oaks, because they have an
established store located there and the analyzed trade
area includes none of Simi Valley, because they have a
planned bookstore in development there.
In response to Councilmember Millhouse, Mr. Exel
stated that Chuy's and Wood Ranch are definite
possibilities as restaurant tenants for the proposed
project. He further stated that a large part of the
financing approval for the project depends upon the
income derived from the four freestanding perimeter
building pads. Mr. Excel explained that potential
tenants would face the expense of constructing their
own building, because the developer very rarely will
bear that expense in the process of developing a
retail center.
In response to Mayor Hunter, Mr. Exel explained that
fast food restaurants are more likely to be able to
provide the financial feasibility to occupy the
building pads rather than a sit -down restaurant,
because of their reduced costs, return on capital, and
other factors related to the restaurant business.
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Moorpark, California Paqe 8 March 20, 2002
Mr. Reiling confirmed to the Council that the project
is seeking tenants who will land lease and build their
own building for the four freestanding pads. He also
stated that this arrangement is what distinguishes the
desirability of having fast -food restaurants on those
pads as opposed to sit -down restaurants that put forth
the requirement of the construction of a building by
the developer, because fast food restaurants will
construct their own building.
In response to Councilmember Millhouse, Mr. Wolfe
explained that a water feature on the perimeter of the
project is less desirable than incorporating the
proposed, interactive one to the interior of the
project. He stated that vandalism is a concern on the
perimeter of the project and that the investment is
enjoyed by more visitors on the interior of the retail
center than by drive -by traffic on the perimeter.
In response to Councilmember Wozniak, Mr. Exel stated
that this project must be financed and allowed to meet
the requirement for Kohl's to be established and open
no later than March 2003.
Bill Legier, Colliers Seeley Company,
Street, Suite 2200, Los Angeles,
Council. He discussed the tenants
pursued for this project and he stat(
included the upscale restaurants,
banks in that search.
444 South Flower
addressed the
that they have
�d that they have
bookstores, and
Councilmember Millhouse stated that he is interested
in attracting the higher quality restaurants to make
it perform as a destination for visitors.
Mr. Legier stated that they are willing to work with
the City to encourage the local tenants and others.
Lloyd Laycook, representing the applicant, spoke in
support of the proposed project.
Tracey Mateko, a Moorpark resident, spoke as a
representative of the Moorpark Chamber of Commerce.
Ms. Mateko spoke in support of the project.
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Moorpark, California Page 9 March 20, 2002
Christine Pabers, a Moorpark resident, addressed the
Council and addressed opposition to fast food
restaurants for the project. She requested unique,
dining restaurants be included in this project.
Paul Haller, a Moorpark resident and Planning
Commissioner, spoke in support of the project with the
proposed major tenants.
Charles Devlin, a Moorpark resident, spoke in support
of the project.
Ron LaGuiardia, a Moorpark resident, spoke in support
of the project.
Mark DiCecco, a Moorpark resident and Planning
Commissioner, spoke in support of the project.
Gregory L. Horton, a Moorpark resident, spoke in
support of the project.
Chris Dutton, a Moorpark resident, spoke in opposition
to the fast food element and to the project.
Dominic Davidio, a Moorpark resident, spoke as a new
resident to the project area and gave support for the
project, but suggested not being rushed into the
decision.
Bernardo Perez, a Moorpark resident, spoke in support
of this project.
Gerald Goldstein, a Moorpark resident, spoke in
support of the project.
Ms. Traffenstedt stated that a written speaker card
had been received from John Newton, with a business
address at 165 High Street, and that he expressed his
support for the project.
AT THIS POINT in the meeting, the City Council took a
recess. The time was 8:52 p.m. The City Council meeting
reconvened at 9:13 p.m.
Mr. Exel stated he had concerns with conditions of
approval, which he would like to discuss at this time.
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Moorpark, California Page 10 March 20, 2002
1. Page 20 of the staff report, Condition No. 43,
relative to the roof mounted equipment:
Mr. Exel stated that all roof equipment will be
screened from Miller Parkway and New Los Angeles
Avenue, but not the freeway including the offramps or
the streets within the residential area to the west.
Mr. Kueny clarified that this condition has been
modified to include a reference to the public streets;
therefore, the streets within the residential tract to
the west are not included since they are private
streets. He stated that the intent is that equipment
will be screened from the freeway on and offramps at
the intersection of Miller Parkway and New Los Angeles
Avenue.
Mr. Kueny stated that the roof equipment will be
visible where the southbound onramp joins with the
freeway, but the majority of the onramp will not have
visibility of the roof equipment.
Mr. Exel agreed with that clarification.
2. Condition No. 26, relative to the required
completion bond for the onsite improvements:
Mr. Exel stated that the applicant's understanding is
that the lighting and utilities can be excluded from
this condition.
Mr. Kueny confirmed that the applicant would not be
required to bond for the onsite lighting as part of
the subdivision improvements bonding.
3. Condition relative to the completion of all
landscaping within the Center prior to the
issuance of an Occupancy Permit:
Mr. Exel stated that the developer will build up to
the pad tenant's curbline where the pad tenant's
sidewalk begins, but that the tenant will perform
their own landscaping beyond that point.
Mr. Kueny stated that the issue of excluding the pads
from the required landscaping was relative to the City
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Moorpark, California Page 11 March 20, 2002
Engineer's requirement for temporary landscaping
during the grading process.
Ms. Traffenstedt stated that the City is requiring
that the landscape plans be submitted prior to the
first zoning clearance for building permit approval.
She referenced the requirement for landscaping of the
vacant pads. She continued by stating that the final
landscape plans must be approved prior to any
installation of landscaping or irrigation and that
landscaping is required to be installed prior to
building occupancy.
Mr. Exel agreed with this condition.
4. Page 48 of the handout, Condition No. IV,
relative to the 12 -foot wide right turn only:
Mr. Exel questioned if there is an error and if it
should read "left turn only."
Mr. Brown clarified that the proper wording is:
"Developer shall provide one 12 -foot wide right -turn
only lane...."
Additionally, Mr. Kueny indicated that the condition
must also address the two left -turn lanes to clarify
the intersection description.
Mr. Exel agreed with this condition modification.
In response to Councilmember Mikos, Mr. Kueny stated
that no undergrounding of utility lines is being
required for this project, because the site has been
developed without overhead lines and there are none
adjacent to the project site.
Councilmember Mikos asked for clarification of why
Condition No. 35.j., which addresses the architectural
elements of the project, on stamped page 32 of the
staff report, is being deleted.
Ms. Traffenstedt stated that the applicant has
modified the plans to incorporate the features
included in that deleted condition. She further
explained that specific details included in the
project plans do not have to be conditioned as
Minutes of the City Council
Moorpark, California Paqe 12 March 20, 2002
requirements, because those exhibits are included as a
part of the project that will be formally adopted.
Relative to Condition No. 40, on stamped page 34,
Councilmember Mikos requested clarification about the
discrepancy between the Specific Plan and the lighting
ordinance as it relates to the lighting plan
requirements for this project.
Ms. Traffenstedt explained that the current Zoning
Code regulates the height of parking lot fixtures to
not exceed 20 feet, and due to the lower elevation of
this site, the applicant is requesting a taller
fixture that includes a slight drop -down lens. She
stated that the Specific Plan for this site has its
own zoning ordinance, and it may be recommended by
staff to revise that zoning ordinance to allow a
higher lighting fixture for this project and the
proposed drop -down lens.
Councilmember Harper expressed concern relative to the
drop -down lens for the lighting fixture. He stated
that he wants staff to view the fixture and the
overall effect of the lighting plan for this project.
He questioned the approval process for the pad
buildings and Council's opportunity to review the
plans for signage.
In response to Councilmember Harper regarding the pad
buildings, Ms. Traffenstedt stated the elevations and
design plans for those buildings will require a
separate approval as a Modification to the Commercial
Planned Development permit. She also stated the
Master Sign Program would require separate Council
approval.
Councilmember Harper requested that the entrance
signage be included in the Master Sign program for the
project, when it comes back to the Council for
consideration. Relative to the offsite freeway pylon
sign, he requested that several design alternatives be
developed to make it more attractive.
Councilmember Mikos expressed concern relative to the
project signage including the offsite pylon sign.
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Moorpark, California Paae 13 March 20, 2002
Mr. Kueny recommended that the Ad Hoc Committee
continue to work with staff on issues that arise
relative to this project.
Mr. Kueny summarized the status of the proposed
tenants, including Target and Kohl's, and stated the
remaining three proposed anchor tenants identified as
T.J. Maxx, Michael's, and Linens & Things, are still
being negotiated.
Councilmember Harper requested that the freestanding
pilasters at the project entrance be deleted in the
architectural plan and suggested continuing the wall
between them or another more attractive alternative.
In response to Mayor Hunter, Mr. Exel stated that a
preliminary commitment from Target Stores to become a
tenant to the center is expected on April 17.
Mayor Hunter closed the public hearing.
Councilmember Harper stated that the center is not
ideal, but that the tenant mix is good, and it meets
the socioeconomic and demographics of the City very
well. He expressed concern about the tenants that
will be attracted to the four satellite pads.
Councilmember Harper stated that he has confidence
that the developer will attract good restaurants to
the Center and that the City needs to assist the
developer in attracting the desired businesses.
Councilmember Mikos spoke in support of the project
with the exception of the freeway oriented pylon sign.
She suggested a creative design to the sign to lessen
its impact on the environment and to make it more
attractive.
Councilmember Millhouse spoke in opposition to the
project. He stated that he does not support it due to
the satellite pad tenants, which at this point are not
proposed to be upscale tenants. He stated that he
wants the City to wait to develop this property to
make it a center with better tenants to make it a
destination center for the region.
Councilmember Wozniak stated that he agrees with
Councilmember Millhouse for the reasons presented, but
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Moorpark, California Paqe 14 March 20, 2002
he cannot agree to allow the sales tax leakage to
continue to the other cities in the County just
because Moorpark does not provide current adequate
shopping. He stated that this is a good project.
Councilmember Wozniak stated that the opportunity for
this project is now and not in 10 - 15 years to
provide benefit to the City and to its citizens.
Mayor Hunter stated his opposition to the project. He
stated his reasons of opposition as: 1) the lack of
the attraction of quality restaurant tenants to the
Center; 2) concerns about the establishment of a
similar Kohl's store in Simi Valley in the same
timeframe; 3) the quality and the commitment of the
proposed anchor tenants. He cited a concern about
the financially driven elements of the Center and that
the restaurant tenant mix does not meet the needs and
requirements of the community. Mayor Hunter stated
that this proposed development does not meet the
highest and the best use for this property within the
community. He stated that he opposes the project.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to: 1) Determine that the
Environmental Impact Report for the Amended Carlsberg
Specific Plan adequately addresses the impacts of the
proposed commercial project; 2) adopt Resolution No. 2002-
1952 conditionally approving Commercial Planned Development
No. 2002 -01 and Vesting Tentative Tract Map No. 5321, with
revisions to conditions of approval dated 3/20/02 and
inclusion of all additional Council approved modifications;
3) direct 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; and 4) direct the Affordable Housing /Community
Development Committee to continue to meet with the
applicant and staff as needed to resolve project issues
including review of signage. The motion passed by voice
vote 3 -2, Mayor Hunter and Councilmember Millhouse
dissenting.
AT THIS POINT in the meeting, the City Council took a
recess. The time was 10:35 p.m. The Council meeting
reconvened at 10:50 p.m.
The Mayor noted that it is time to reorder the agenda.
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Moorpark, California Paae 15 March 20, 2002
CONSENSUS: By consensus, the Council determined to
consider the remaining agenda in order including the
Consent Calendar and the remaining ordinance.
10. PRESENTATION /ACTION /DISCUSSION:
A. Discussion 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. 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 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.
Ms. Traffenstedt gave the staff report.
Bernardo Perez, Moorpark resident, spoke in opposition
to the amendment and deferring processing of any of
the prescreening applications.
Gene Hosford, 14th Floor, 500 E. Esplanade Drive,
Oxnard, spoke representing another prescreening
applicant, Tanner and Schenkel, and asked that
processing not be deferred for their application.
MOTION: Councilmember Millhouse moved and Councilmember
Harper seconded a motion to approve the staff
recommendation.
Councilmember Wozniak stated he was not in support of
the recommendation to treat one application
differently.
WITHDRAWAL OF THE MOTION: The Maker and the Second of the
motion agreed to withdraw the motion.
Minutes of the City Council
Moorpark, California Page 16
March 20, 2002
Mr. Kueny recommended the Council allow one processing
cycle to be skipped to allow staff the time to do the
process correctly.
After Council discussion, the following motion was heard:
MOTION: Councilmember Millhouse moved and Councilmember
Wozniak seconded the motion to defer processing of all GPA
prescreening applications already filed and not accept any
new applications until the calendar year 2002 second cycle.
The motion carried by voice vote 3 -1, Councilmember Harper
dissenting and Mayor Hunter abstaining from the vote.
B. 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 -1953
approving Minor Modification No. 3 to the Amended
Carlsberg Specific Plan.
CONSENSUS: By consensus, the Council determined to adopt
Resolution No. 2002 -1953.
C. Consider Scheduling of Joint City Council /Planning
Commission and Joint City Council /Parks and Recreation
Commission Meetings. Staff Recommendation: Direct
staff as deemed appropriate regarding the date(s) for
the joint meetings and agenda topics to be included.
Ms. Traffenstedt gave the staff report.
CONSENSUS: By consensus, the Council determined to schedule
Joint City Council /Planning Commission and Joint City
Council Parks and Recreation Commission meetings on April
10, 2002 and April 24, 2002, respectively.
D. Consider Program to Provide CPR and First Aid Training
to the City Council and City Employees and Amending
the 2001/2002 Operating Budget by Appropriating an
Additional $4,500 from the General Fund. Staff
Recommendation: 1) Consider program to provide CPR and
First Aid training to the City Council and City
employees; and 2) Consider Resolution No. 2002 -1954
amending the 2001/2002 operating budget by
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Moorpark, California Page 17 March 20, 2002
appropriating an additional $4,500 from the General
Fund.
MOTION: Mayor Hunter moved and Councilmember Harper
seconded the motion to move staff recommendation to: 1)
Consider program to provide CPR and First Aid training to
the City Council and City employees; and 2) Consider
Resolution No. 2002 -1954 amending the 2001/2002 operating
budget by appropriating an additional $4,500 from the
General Fund. The motion carried by unanimous roll call
vote.
E. Consider a Temporary User Permit for Recreational
Vehicle Storage on Coast Auto Salvage Property (198
Lorraine Lane). Staff Recommendation: Direct staff to
deny the request.
John Newton, 165 High Street, addressed the Council on
behalf of the applicant, A -C Construction. He
requested approval of this request.
Ms. Traffenstedt stated that staff is recommending
denial of the request based on the fact that the code
indicates that the recreational vehicle storage is a
nonconforming use and a temporary use permit is not an
allowable vehicle to allow the expansion of the
nonconforming use.
Mr. Newton requested a two -week continuance.
Councilmember Harper stated he would want to see that
there was a sunset to any agreement to allow the
temporary use.
CONSENSUS: By consensus, the Council determined to
continue this item for two weeks until their regular
meeting of April 3, 2002.
F. Consider Design for the North Leg of the Intersection
of Spring Road and New Los Angeles Avenue (Portion of
Project 8026). Staff Recommendation: Approve the
conceptual design for a double left -turn lane for the
north leg of the intersection of Spring Road and Los
Angeles Avenue, as described in the agenda report.
Mr. Gilbert gave the staff report.
Minutes of the City Council
Moorpark, California Page 18 March 20, 2002
In response to Mayor Hunter, Mr. Gilbert replied that
a double left -turn lane would move traffic through the
intersection faster and improve traffic flow.
MOTION: Councilmember
Harper seconded a motion
for a double left -turn
intersection of Spring
described in the staff
unanimous voice vote.
11. CONSENT CALENDAR:
Wozniak moved and Councilmember
to approve the conceptual design
lane for the north leg of the
Road and Los Angeles Avenue, as
report. The motion carried by
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to approve the Consent Calendar with the
exception of Item ll.C. and Item ll.F. The motion carried by
unanimous roll call vote.
A. Consider Approval of Minutes of Special Joint City
Council and Planning Commission Meeting of October 22,
2001.
Consider Approval of Minutes of Special Meeting of
November 7, 2001.
Consider Approval of Minutes of Minutes of Special
Meeting of February 6, 2002.
Staff Recommendation: Approve minutes as processed.
B. Consider Approval of Warrant Register for Fiscal Year
2001 -2002 - March 20, 2002.
Manual Warrants
Voided Warrants
Payroll Liability
Warrants
108680- 108682 &
108734 - 108738
108684 &108713 &
108715
108739- 108747
$ 87,024.70
$ (31, 972.73)
$ 11, 184, 13
Regular Warrants 108683- 108731 & $121,125.96
108748- 108793 & $ 70,213.99
108794 - 108815 $473,089.73
Staff Recommendation: Approve the warrant register.
� E
Minutes of the City Council
Moorbark, California Paae 19
March 20, 2002
D. Consider Authorization to Advertise for Receipt of
Bids for the Construction of Modifications at the
Intersection of Miller Parkway and Peach Hill Road to
Facilitate U -Turn Traffic (Project 8032). Staff
Recommendation: Approve the project plans and
specifications for the purposes set forth in the
agenda report and authorize staff to advertise for
receipt of bids for construction.
E. Consider a Resolution to Fund the Modification of the
Traffic Signal at the Intersection of Los Angeles
Avenue and Tierra Rejada Road, to Add Protective Left -
Turn Phasing (Project 8046) . Staff Recommendation:
Adopt Resolution No. 2002 -1955.
G. Consider the Fiscal Year 2000/2001 Annual Financial
Statements, Single Audit Report and Management Report.
Staff Recommendation: Receive and file the City's
annual financial statements for the year ended June
30, 2001.
H. Consider Mid -Year Amendments to 2001/2002 Fiscal Year
Budget. Staff Recommendation: Adopt Resolution No.
2002 -1956 amending the 2001/2002 budget as noted in
Exhibit A to the resolution.
I. Consider Rejection of Claim: David Weinerman. Staff
Recommendation: Reject the claim and direct staff to
forward a claim rejection letter to the claimant.
The following items were pulled for individual
consideration:
C. Consider a Resolution Funding Additional Signs and
Equipment for Public Works. Staff Recommendation:
Adopt Resolution No. 2002 -1957.
Councilmember Mikos stated she pulled this item to
make the public aware of the responsibility to abide
by the speed limits as posted within the City.
MOTION: Councilmember Mikos moved and Councilmember
Wozniak seconded a motion to adopt resolution no. 2002-
1957. The motion carried by unanimous roll call vote.
Minutes of the City Council
Moorpark, California Page 20 March 20, 2002
F. Consider Acquisition of Joyce Property Required for
the Los Angeles Avenue East Widening Project (Project
8012). Staff Recommendation: Authorize staff to
proceed with the steps necessary to acquire the Joyce
property for a price consistent with the information
in the agenda report.
Councilmember Mikos stated she pulled this item to ask
if this property is inhabited.
In response to Councilmember Mikos, Mr. Gilbert stated
that the property is not occupied.
MOTION: Councilmember Mikos moved and Councilmember Harper
seconded a motion to authorize staff to proceed with the
steps necessary to acquire the Joyce property for a price
consistent with the information in the agenda report. The
motion carried by unanimous roll call vote.
12. ORDINANCES:
A. Consider Ordinance No. 279 Providing for Floodplain
Management, and Amending Chapter 15.24, Flood Damage
Prevention. Staff Recommendation: Declare Ordinance
No. 279 read for the second time and adopted as read.
Ms. Traffenstedt read the ordinance title.
MOTION: Councilmember Mikos moved and Councilmember Harper
seconded a motion to waive further reading. The motion
carried by unanimous voice vote.
Ms. Traffenstedt indicated that a motion would be in
order to adopt Ordinance No. 279.
MOTION: Councilmember Mikos moved and Councilmember Harper
seconded a motion to adopt Ordinance No. 279. The motion
carried by unanimous voice vote.
13. CLOSED SESSION:
None was held.
14. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 12:05 a.m.
of
MINUTES OF THE CITY COUNCIL ACTION:
Moorpark, California g, 2 ----°
BY:
A Regular Meeting of the City Council of the City of Moorpark
was held on June 5, 2002, in the Council Chambers of said City
located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Pro Tem Mikos called the meeting to order at 6:37
p.m.
2. INVOCATION:
Father Michael Sezzi, Holy Cross Catholic Church, gave the
invocation.
3. PLEDGE OF ALLEGIANCE:
Barry Hogan, Community Development Director, led the Pledge
of Allegiance.
4. ROLL CALL:
Present: Councilmembers Harper, Millhouse, Wozniak
and Mayor Pro Tem Mikos.
Absent: Mayor Hunter.
Staff Present: Steven Kueny, City Manager; Joseph Montes,
City Attorney; Hugh Riley, Assistant City
Manager; Captain Robert LeMay, Sheriff's
Department; Ken Gilbert, Public Works
Director; Mary Lindley, Community Services
Director; Barry Hogan, Community Development
Director; Dana Shigley, Administrative
Services Director; Walter Brown, City
Engineer; David Bobardt, Planning Manager;
Laura Stringer, Senior Management Analyst;
Kim Chudoba, Senior Management Analyst;
Deborah Traffenstedt, Assistant to City
Manager /City Clerk; and Blanca Garza, Deputy
City Clerk.
L ti✓ '�� .�.. k.Y Ado'
Minutes of the City Council
Moorpark, California I Page 2 June 5, 2002
5. PROCLAMATIONS AND COMMENDATIONS:
A. Introduction of New Employee, John Hartnett,
Recreation Superintendent.
Mayor Pro Tem Mikos introduced Mr. Hartnett and
welcomed him to the City staff.
B. Introduction of Sergeant Pat Buckley and Senior Deputy
Kim Rich.
Mayor Pro Tem Mikos introduced Sergeant Pat Buckley
and Senior Deputy Kim Rich and welcomed them to the
City of Moorpark law enforcement team.
C. Recognition of Deputy Mike Hartmann, 2001 Moorpark
Police Officer of the Year.
Mayor Pro Tem Mikos announced that Deputy Hartmann was
unable to attend the meeting and that this item will
be rescheduled for a future agenda.
D. Presentation of Certificates of Recognition to the
City of Moorpark's Outgoing Teen Council.
Mayor Pro Tem Mikos presented Certificates of
Recognition to the outgoing Teen Council. In
attendance were Zahabiya Chithiwala, Andrea Green,
Todd Koszela, Shannon Pflaumer, and Taylor Skinner.
E. Presentation of Certificates of Recognition to the
Moorpark High School Cross - Country Team.
Mayor Pro Tem Mikos introduced the Team members and
recognized them for achieving the Championship of the
Marmonte League competition. Coach Tom King assisted
with the introductions and presentation of the
Certificates of Recognition.
6. PUBLIC COMMENT:
Gerald Goldstein, Moorpark resident, spoke about national
security issues and how government agencies share
information.
AT THIS POINT in the meeting, the City Council recessed to
convene a meeting of the Moorpark Redevelopment Agency. The
C. Iy t- t 111 1)
Minutes of the City Council
Moorpark, California Page 3 June 5, 2002
time was 7:11 p.m. The City Council meeting reconvened at 7:13
p.m.
7. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Harper stated that U. S. Senator Barbara
Boxer is requesting support of legislation she plans to
introduce entitled the California Affordable Quality and
Quantity Water Act that would provide Federal support for
projects in California that recycle, reuse, and improve the
water supply. He asked staff to obtain a copy of the
entire bill, review it, and report to the full Council to
determine if the City wants to go on record showing support
for this proposed legislation.
Councilmember Wozniak requested that the Council adjourn
the meeting in the memory of Mark Gressman and Connie
Volke.
CONSENSUS: By consensus, the Council determined to adjourn the
City Council meeting in memory of Mark Gressman and Connie
Volke.
Councilmember Millhouse requested that the Council consider
as a future agenda item the development of a long -term plan
for undergrounding utilities within the City.
Mayor Pro Tem Mikos announced upcoming teen events and
activities in the city. She also announced details of the
July 3rd fireworks display and related events.
9. PUBLIC HEARINGS:
A. Consider Final Review and Chancres to the Enaineer's
Report for Landscaping and Lighting Maintenance
Assessment Districts, Adoption of a Resolution
Confirming the Assessments for Fiscal Year 2002/2003,
and Adoption of a Resolution Amending the Fiscal Year
2001/2002 Budget to Fully Fund Certain Landscaping and
Lighting Costs. Staff Recommendation: 1) Open the
public hearing, receive testimony, and close the
public hearing; 2) Approve the changes to the
Engineer's Report; 3) Adopt Resolution No. 2002 -1975,
Minutes of the City Council
Moorpark, California Page 4 June 5, 2002
making certain changes to and confirming the
assessments for Fiscal Year 2002/03; 4) Direct staff
that the amount of the assessment for Zone 11 to be
levied upon the affected properties shall be reduced
to $33.78 per lot; 5) Adopt Resolution No. 2002 -1976,
amending the Fiscal Year 2001/02 budget by
appropriating monies from the General Fund and the Gas
Tax Fund to fund projected Fiscal Year 2001/02 Fund
deficits for street lighting and landscape
maintenance; and 6) Direct staff to prepare a similar
resolution in June of 2003 providing for a like fund
transfer to fund the then projected Fiscal Year
2002/03 year -end fund deficits for street lighting and
landscape maintenance.
Ken Gilbert gave the staff report.
Mayor Pro Tem Mikos opened the public hearing. There
were no public speakers for this item, and Mayor Pro
Tem Mikos closed the public hearing.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to 1) Approve the changes to the
Engineer's Report; 2) Adopt Resolution No. 2002 -1975,
making certain changes to and confirming the assessments
for Fiscal Year 2002/03; 3) Direct staff that the amount of
the assessment for Zone 11 to be levied upon the affected
properties shall be reduced to $33.78 per lot; 4) Adopt
Resolution No. 2002 -1976, amending the Fiscal Year 2001/02
budget by appropriating monies from the General Fund and
the Gas Tax Fund to fund projected Fiscal Year 2001/02 Fund
deficits for street lighting and landscape maintenance; and
5) Direct staff to prepare a similar resolution in June of
2003 providing for a like fund transfer to fund the then
projected Fiscal Year 2002/03 year -end fund deficits for
street lighting and landscape maintenance. The motion
carried by roll call vote 4 -0, Mayor Hunter absent.
10. PRESENTATION /ACTION /DISCUSSION:
A. Consider Presentation on Grassroots Network and LOCAL
(Leave Our Community Assets Local) Coalition
Activities by David Mullinax, Regional Representative,
League of California Cities. Staff Recommendation:
Receive presentation by League of California Cities.
Minutes of the City Council
Moorpark, California Page 5 June 5, 2002
Hugh Riley introduced David Mullinax, Regional
Representative for the Channel Counties Division of
the League of California Cities.
Mr. Mullinax explained the responsibilities and the
role of the League of California Cities. He described
the Grassroots Network efforts to build local
coalition and strategic alliances in every city in the
State. He stated that they are establishing a
consistent information network for the cities to make
certain the issues are understood equally by the local
communities.
Additionally, Mr. Mullinax stated that the Grassroots
Network efforts include developing an initiative to
protect local government revenues from ERAF
(Educational Revenue Augmentation Fund) and VLF
(Vehicle License Fees) type shifts. He stated that
the Attorney General's analysis of the initiative
included that, by local governments protecting their
revenues, it could ultimately cost the State of
California billions of dollars. He stated that the
basis of this analysis is not clear to the League of
California Cities.
He stated that the League has been extending its
outreach at the statewide level to include state
public service agencies and local agencies to create a
larger coalition bloc that will be more effective in
lobbying for preservation of revenues from the local
level.
Councilmember Harper stated that he has a concern with
the statement that local taxes and fees paid by local
residents should remain in the communities to fund
local services. He stated that he is in favor of a
more equitable sharing of sales tax revenue on a
regional basis and not just on a local basis because
small cities like Moorpark do not share equally in the
sales tax of the larger commercial areas just outside
of the City boundaries.
Mr. Mullinax explained that recent proposed
legislation (AB680, Steinberg Bill) was not supported
by the League, because it took too much control from
the local governments. He continued by stating that
'0f':!
Minutes of the City Council
Moorpark, California Paqe 6
June 5, 2002
the League typically supports local control over local
issues.
Councilmember Millhouse asked Mr. Mullinax to explain
ERAF property tax shift for the benefit of the public.
Mr. Mullinax explained that the ERAF shift came about
in the early 1990's by shifting traditional, local
property tax dollars from the local governments and
giving those funds to the State to compensate for the
budget deficit that was being experienced at that
time. He also stated that ERAF was promised to be
returned to local governments, but it has not occurred
because the State has had ongoing budgetary deficits.
In response to Councilmember Millhouse, Mr. Mullinax
stated that there is no pending legislation to return
the ERAF funds to the local governments. He stated
that there is proposed legislation to put a limit on
the ERAF shift of property tax dollars from the local
governments to the State.
Mayor Pro Tem Mikos stated her support of pursuing
legislation to allow regional sales tax sharing and of
the Grassroots Network concept. She stated her
concern relative to the potential loss of
redevelopment funds to the State of California as a
result of the ERAF property tax shift. She also
stated that it is the Redevelopment Agency funds that
are being targeted and not the City of Moorpark funds
relative to the ERAF shift. She stated that, due to
that distinction, there will be less money for the
Redevelopment Agency to extend for affordable housing
needs, redevelopment, and other related goals within
the City of Moorpark.
Mayor Pro Tem Mikos expressed her appreciation to Mr.
Mullinax for his presentation to the Council.
B. Consider Resolution Adopting an Operating and Capital
Improvements Budget for the City of Moorpark for the
Fiscal Year 2002/2003. Staff Recommendation: Adopt
Resolution No. 2002 -1977.
Mr. Kueny gave the staff report.
There were no public speakers for this item.
Minutes of the City Council
Moorpark, California Page 7
June 5, 2002
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to adopt Resolution No. 2002-
1977, adopting an Operating and Capital Improvements Budget
for the City of Moorpark for the Fiscal Year 2002/2003.
The motion carried by roll call vote 4 -0, Mayor Hunter
absent.
C. Consider Selection of a Consultant to Prepare a
Feasibility Report Pertaining to Efforts Required to
Seek a Prohibition of Non -Local Truck Traffic on Route
118 Between Route 23 and Route 34. Staff
Recommendation: Direct staff to retain Parsons to
perform the subject study in a manner consistent with
the parameters set forth in the agenda report.
Mr. Gilbert gave the staff report.
Councilmember Harper stated that he supports the staff
recommendation.
Councilmember Wozniak stated that he also supports the
staff recommendation. He stated that the City needs
to explore the possibility of finding any potential
fatal flaw, such as the National Highway System (NHS)
designation for SR -118.
Councilmember Millhouse requested that the consultant
consider what alternatives are available to reduce
truck traffic or to minimize the traffic impacts.
In response to Councilmember Millhouse, Mr. Gilbert
responded that Parsons can be directed to explore
other alternatives. He stated that the scope of work
could be amended to ask for recommendations on truck
restrictions to determine feasibility.
There were no speakers for this item.
In response to Mayor Pro Tem Mikos, Mr. Gilbert
concurred that the truck prohibition addressed in the
staff recommendation could actually instead be
recommended to be truck restrictions and that
alternatives would be analyzed.
Councilmember Millhouse stated that there was a need
to look at this in a broader manner and that a full
Minutes of the City Council
Moorpark, California Paqe 8
June 5, 2002
prohibition won't work due to regional traffic
impacts. He stated that he was supportive to spend
$3,500 for Task 1 and then a reevaluation should be
done.
Mayor Pro Tem Mikos stated that the contract was
already structured incrementally and that staff should
be given discretion to move this forward.
Councilmember Harper asked for clarification of what
staff is requesting, which is an authorization of the
expenditure of the total $19,000, with the
understanding that Task 1 will be broadened and other
alternatives to reduce truck traffic will be explored.
Mr. Kueny clarified that the Council can go forward
with the staff recommendation, as amended, including
revisions to the scope of work under Task 1 and Task
2.
Councilmembers Harper and Wozniak stated they could
support the staff recommendation as amended.
Councilmember Millhouse stated the consultant should
ask what are the alternatives to reduce truck traffic
or minimize impacts.
Mayor Pro Tem Mikos stated she could support the staff
recommendation up to $19,000 and directing staff to
explore alternatives.
MOTION: Councilmember Millho
Mikos seconded a motion to
recommendation, as amended,
alternatives to reduce truck
impacts. The motion carried by
absent.
use moved and Mayor Pro Tem
go forward with the staff
to include the study of
traffic or minimize traffic
voice vote 4 -0, Mayor Hunter
Mr. Gilbert stated staff would schedule a separate agenda
item for appropriation of the funds.
D. Consider Resolution Approving the Preliminary
Assessment Engineer's Report, the Parks and Recreation
Maintenance and Improvement Assessment District Levy
Amount, and Setting the Date for the Public Hearing
for June 19, 2002. Staff Recommendation: Adopt
Resolution No. 2002 -1978, approving the preliminary
Minutes of the City Council
Moorpark, California Page 9
June 5, 2002
Engineer's Report and assessment amount contained
within, and setting the public hearing date for June
19, 2002.
Ms. Lindley gave the staff report.
There were no public speakers for this item.
MOTION: Councilmember Harper moved and Councilmember
Millhouse seconded a motion to adopt Resolution No. 2002-
1978, approving the preliminary Engineer's Report and
assessment amount contained within, and setting the public
hearing date for June 19, 2002. The motion carried by
voice vote 4 -0, Mayor Hunter absent.
E. Consider Pool Ad Hoc Committee Recommendation for
Community Aquatic Facility. Staff Recommendation: 1)
Concur with the City's Pool Ad Hoc Committee to take
no further action on the design and construction of
the Community Aquatic Facility at Arroyo Vista
Community Park (AVCP); 2) Terminate the City's
Agreement with Martinez Architect Inc.: and 3)
evaluate the status of the aquatic facility project
during the Fiscal Year 2003/2004 Goals and Objectives
process.
Ms. Lindley gave the staff report.
Councilmember Harper expressed the concern of the City
and Moorpark College of the maintenance costs. He
suggested that the City explore long -term financing
for maintenance of a proposed pool. Councilmember
Harper requested that this item be tabled until
financing is available.
Ms. Lindley notified the Council that staff will be
terminating the agreement with the architect for
design services, until such time as the aquatic
facility becomes viable.
MOTION: Councilmember Wozniak moved and Councilmember
Harper seconded a motion to concur with the City's Pool Ad
Hoc Committee (Councilmembers Harper and Millhouse) to take
no further action on the design and construction of the
Community Aquatic Facility at Arroyo Vista Community Park
(AVCP); 2) Terminate the City's Agreement with Martinez
Architect Inc.; and 3) evaluate the status of the aquatic
Minutes of the City Council
Moorpark, California Paae 10 June 5, 2002
facility project during the Fiscal Year 2003/2004 Goals and
Objectives process. The motion carried by voice vote 4 -0,
Mayor Hunter absent.
F. Consider Authorizing City Manager to Approve an
Addendum to the Memorandum of Understanding Between
the City of Moorpark and North Park Village L.P., a
Professional Services Agreement Between the City and
BonTerra Consulting for the Preparation of an
Environmental Impact Report (EIR) and Related Services
for the North Park Village Specific Plan Project (SP-
2002-01), and a Professional Services Agreement
Between the City and Austin -Foust Associates, Inc.,
for North Park Village Traffic Analysis. Staff
Recommendation: 1) Authorize the City Manager to
approve and sign an Amendment to the Memorandum of
Understanding between the City and North Park Village
L.P., including EIR and Traffic Study deposit
requirements, revised project schedule and EIR
certification decision time period, and subject to
City Attorney final language approval; 2) Authorize
the City Manager to approve and sign a Professional
Services Agreement between the City and BonTerra
Consulting consistent with their proposal dated May
22, 2002; and 3) Authorize the City Manager to approve
and sign a Professional Services Agreement between the
City and Austin -Foust Associates, Inc., consistent
with their proposal dated May 21, 2002.
Ms. Traffenstedt gave the staff report.
Councilmember Millhouse asked if Austin Foust has
references for staff as to their capability and
qualifications for the traffic model preparation.
Mrs. Traffenstedt provided a qualification review of
Austin Foust and of Bon Terra and stated that they
have been serving the City as consultants for this
project and many other projects since 1992.
Kim Kilkenny, representing North Park Village, LLP,
350 W. Ash Street, Ste. 730, San Diego, stated that he
supports the staff recommendation, the selection of
the consultants and the proposed amendments to the MOU
and the completion of the environmental documents as
soon as possible.
Minutes of the City Council
Moorpark, California Page 11 June 5, 2002
Mayor Pro Tem Mikos clarified for public information
that the North Park Village is a revised version of
what was once referred to as the Hidden Creek Ranch
Project. She encouraged public involvement with this
project.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to: 1) Authorize the City Manager
to approve and sign an Amendment to the Memorandum of
Understanding between the City and North Park Village L.P.,
including EIR and Traffic Study deposit requirements,
revised project schedule and EIR certification decision
time period, and subject to City Attorney final language
approval; 2) Authorize the City Manager to approve and sign
a Professional Services Agreement between the City and
BonTerra Consulting consistent with their proposal dated
May 22, 2002; and 3) Authorize the City Manager to approve
and sign a Professional Services Agreement between the City
and Austin -Foust Associates, Inc., consistent with their
proposal dated May 21, 2002. The motion carried by voice
vote 4 -0, Mayor Hunter absent.
G. Consider Modifications to City Sign Code to Allow
Certain Signs to Publicize Nonprofit Groups' Events.
Staff Recommendation: Refer the use of signs /banners
by Moorpark based nonprofit groups and use of public
rights -of -way for certain signs to the Planning
Commission as part of the prior action to review the
Sign Code.
Mr. Kueny gave the staff report.
Councilmember Harper suggested that the City review
the details of the signs, how they are erected, and
the quality of materials used to construct them.
Councilmembers Millhouse and Mikos stated their
concerns, including that a balance needs to be
achieved and a plan for responsible removal of signs
once the event has occurred.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to refer the use of signs /banners
by Moorpark based nonprofit groups and use of public
rights -of -way for certain signs to the Planning Commission
as part of the prior action to review the Sign Code. The
motion carried by voice vote 4 -0, Mayor Hunter absent.
,,..� ^�
Minutes of the City Council
Moorpark, California Paqe 12
June 5, 2002
H. Consider Mission Statement, Priorities, Goals, and
Objectives for Fiscal Year 2002/2003. Staff
Recommendation: Approve Mission Statement,
Priorities, Goals and Objectives.
CONSENSUS: By consensus, the Council determined to continue
this item to the regular City Council meeting of June 19,
2002.
I. Consider City Co- Sponsorship of the Moorpark Rotary
Club's Civil War Reenactment. Staff Recommendation:
1) Decline cosponsorship; and 2) Authorize staff to
implement Options 1 and 2 in the agenda report.
AT THIS POINT in the meeting, Councilmember Millhouse
announced a potential conflict of interest and left the
dais. The time was 8:44 p.m.
In response to Councilmember Harper, Mr. Kueny
discussed special event insurance and stated such
insurance was not available for pyrotechnics. He
stated staff would investigate insurance options.
Mayor Pro Tem Mikos asked if there was consensus to
postpone this item.
CONSENSUS: By consensus, the Council determined that this
item would be postponed for two weeks to the regular
meeting on June 19, 2002.
AT THIS POINT in the meeting, Councilmember Millhouse
returned to the dais. The time was 8:49 p.m.
11. CONSENT CALENDAR:
MOTION: Councilmember Wozniak moved and Councilmember Millhouse
seconded a motion to approve the Consent Calendar. The motion
carried by roll call vote 4 -0, Mayor Hunter absent.
A. Consider Approval of Warrant Register for Fiscal Year
2001 -2002 - June 5, 2002.
Manual Warrants
Voided Warrants
109387 - 109391
109365 &109570 &
109571
$ 10,163.33
(8,816.60)
Minutes of the City Council
Moorpark, California Page 13 June 5, 2002
Payroll Liability
Warrants
Regular Warrants
109392 - 109399
109400
- 109511 $
109512
- 109560 &
109561
- 109617
$ 11,851.75
$ 28,134.08
10,223.90
$995,562.23
Staff Recommendation: Approve the warrant register.
B. Consider Bids for the Construction of Modifications at
the Intersection of Miller Parkway and Peach Hill Road
to Facilitate U -Turn Traffic (Project 8032), Adoption
of a resolution Amending the Budget to Fully Fund the
Project, and Recordation of a Deed for Certain
Additional Right -of -Way and Temporary Construction
Easements Required by the Project. 1) Approve the
selection of Berry Engineering Contractors, Inc., to
construct the subject project; 2) Adopt Resolution No.
2002 -1979, providing additional funding required for
the project; and 3) Direct the City Clerk to provide
for the recordation of the Deeds and Certificates of
Acceptance for the additional right -of -way and
temporary construction easement required for the
project.
C. Consider Scope of Utility Relocation to be Undertaken
as a Part of the Realignment of Flinn Avenue (Project
8037) . Staff Recommendation: 1) Direct staff to
include the undergrounding of electrical lines in the
scope of work for the subject project, all other
utilities to remain in their current location unless
relocated at the sole expense of others; and 2) Direct
staff to prepare and record any required utility
easements prior to the vacation of existing Flinn
Avenue.
D. Consider Rescheduling of Public Hearing Regarding
Establishment of a Parking In -Lieu Fee for the
Downtown Area. Staff Recommendation: Reschedule the
Public Hearing for establishment of a Parking In -Lieu
Fee for the Downtown Area from June 5, 2002, to June
19, 2002.
E. Consider Loan Agreement Between the City of Moorpark
and the Moorpark Redevelopment Agency. Staff
Recommendation: Adopt Resolution No. 2002 -1980,
approving a Loan Agreement with the Moorpark
Redevelopment Agency.
Minutes of the City Council
Moorpark, California Page 14 June 5, 2002
F. Consider Resolution Establishing the Appropriation
Limitation for Fiscal Year 2002/2003 for the City of
Moorpark at $14,627,654. Staff Recommendation: Adopt
Resolution No. 2002 -1981.
G. Consider One -Year Extension of
Maintenance and the Venco Western
Recommendation: Authorize staff t
Agreements with Sunridge Landscape
Western through June 30, 2003,
contractual rate.
Sunridge Landscape
Agreements. Staff
o extend the City's
Services and Venco
at the existing
H. Consider One -Year Extension of the City's Tree
Maintenance Agreement with West Coast Arborist. Staff
Recommendation: Authorize staff to extend the City's
tree maintenance agreement with West Coast Arborist
through June 30, 2003 with existing service fees.
I. Consider Authorizing Recordation of the Notice of
Completion for Apricot Room Repairs. Staff
Recommendation: 1) Accept the work as complete; 2)
Authorize the City Clerk to file the Notice of
Completion for the project; and 3) Authorize the
release of the balance of payment, due upon
satisfactory clearance and thirty -five (35) days after
Notice of Completion records and completion of close-
out contractual obligations on the part of the
contractor.
12. ORDINANCES:
None.
13. CLOSED SESSION:
Mr. Kueny announced that the City Council would be going
into closed session for discussion of Items 13.G. and 13.H.
Mayor Pro Tem Mikos asked for discussion of Item 13.E. in
closed session.
MOTION: Councilmember Harper moved and Mayor Pro Tem Mikos
seconded a motion to adjourn to closed session for a discussion
of Items 13.E, 13.G., and 13.H. The motion carried by voice
vote 4 -0, Mayor Hunter absent.
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Minutes of the City Council
Moorpark, California Paae 15
June S. 2002
E. 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.
SCO2388)
G. 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
H. 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,
Accountant I, Budget and Finance Manager, Information
Systems Supervisor, Planning Manager, Principal
Planner, Recreation Superintendent, and Senior
Management Analyst
AT THIS POINT in the meeting, the City Council meeting was
recessed to convene the Moorpark Redevelopment Agency
closed session. The time was 8:50 p.m. The Council
reconvened into closed session at 9:13 p.m.
Present in closed session were Councilmembers Harper,
Millhouse and Wozniak and Mayor Pro Tem Mikos; Steven
Kueny, City Manager; Joseph Montes, City Attorney; Hugh
Riley, Assistant City Manager; and Deborah Traffenstedt,
Assistant to City Manager /City Clerk.
Mr. Montes left the meeting at 9:15 p.m., prior to
discussion of Items 13.G. and 13.H.
The Council reconvened into open session
Kueny stated that Items 13.E., 13.G.,
discussed and that there was no action to
at 9:20 p.m. Mr.
and 13.H. were
report.
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Minutes of the City Council
Moorpark, California Paqe 16 June 5, 2002
14. ADJOURNMENT:
Mayor Pro Tem Mikos adjourned the meeting at 9:20 p.m. in
memory of Mark Gressman and Connie Volke.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
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