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HomeMy WebLinkAboutAGENDA REPORT 2002 1002 CC REG ITEM 11Ar m nF MAORPARic. CALMORNiA ' . City Council Meeting b r a 1 ITEM 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. C . 4�1 !mod iI-I � 1 Minutes of the City Council 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. 3 i i 3 t Minutes of the City Council 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. " -, .. "s qk Minutes of the City Council 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. x, Minutes of the City Council 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. Minutes of the City Council 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. Minutes of the City Council 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. Minutes of the City Council 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. C 3 07 0 S r Minutes of the City Council 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 Minutes of the City Council 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. Minutes of the City Council 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 Minutes of the City Council 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. Minutes of the City Council 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 Minutes of the City Council 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. t -. 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. `a1 • w 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 4"'�