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HomeMy WebLinkAboutAGENDA REPORT 2002 1120 CC REG ITEM 10A7, pv, C lT,T -Mr TA AC! 4 MINUTE OF THE CITY COUNCIL AND Moorpark, California I1hM 10. A. PARKS & RECREATION COMMISSION April 10, 2002 A special Joint Meeting of the Moorpark City Council and Parks & Recreation Commission was held on April 10, 2002, at 6:30 p.m. at the Moorpark Community Center located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the City Council to order and the Parks and Recreation Commission to order at 6:40 p.m. 2. THE PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Chair Pflaumer. 3. ROLL CALL: City Council: Councilmembers Harper, Mikos, Millhouse, Wozniak, and Mayor Hunter. Parks & Recreation Commissioners Chally, DeGuardi, Commission: Pflaumer, and Chair Thompson. Absent: Commissioner Catrambone. Staff Present: Steven Kueny, City Manager; Mary Lindley, Director of Community Services; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Patty Lemcke, Administrative Secretary. 4. PUBLIC COMMENT: None. 5. PRESENTATION /ACTION /DISCUSSION: A. Consider Priorities, Goals and Objectives for Fiscal Year 2002/2003. Staff Recommendation: Consider and discuss Priorities, Goals and Objectives for FY 2002/2003. Minutes of the City Council and Parks & Recreation Commission Moorpark, California Page 2 April 10, 2002 Ms. Lindley gave a brief oral report, stating that the Commission previously had the opportunity to discuss proposed goals and objectives at their March Commission meeting. It had been agreed that the two top priority issues were construction of the proposed Skatepark and establishing a second entrance into Arroyo Vista Community Park (AVCP) . Mayor Hunter and Chair Pflaumer agreed to have each Councilmember and Commissioner state their priorities. Commissioner Thompson stated that she would like to see an online recreation class registration program implemented. These online programs are capable of preparing rental permits and assisting with other additional City functions for public needs. Commissioner DeGuardi stated that he would like to see a graffiti abatement program put in place that would increase response time, as well as greater attention paid to the level of sand in the park play lots. He also inquired on the status of the community pool project. Chair Pflaumer stated that his priorities are the completion of the second restroom at AVCP, construction of the community pool, and moving forward on establishing a second entrance into AVCP. Chair Pflaumer stated that he also would like to see a City online registration program implemented. Commissioner Chally stated that he would like to see a second entrance established at AVCP and the completion of the proposed Skatepark. Councilmember Mikos stated that she would like to see construction of the proposed Skatepark in the downtown area. She also stated that she hopes one of the priorities mentioned during tonight's meeting, and which is currently listed as one of the top ten objectives, is the implementation of an Arroyo -Simi Greenway Plan. Councilmember Mikos stated she would also like to see a second entrance built at AVCP. Councilmember Harper stated that he would like to see the establishment of a Teen Center added as a priority and more summer teen activities. Councilmember Harper requested that the City's current park naming policy be reviewed, and modified if necessary, by the Commission. Minutes of the City Council and Parks & Recreation Commission Moorpark, California Page 3 April 10, 2002 Additionally, he asked the Commission to consider a new name for Griffin Park. Mr. Kueny stated that staff would now give the current status on the previously mentioned projects. He also stated that when the original plans for AVCP were being approved, a second entrance to the park was rejected by the City Council and a pedestrian bridge was authorized in its place. The Council and Commission discussed with staff the need for a second entrance into AVCP and possible locations. Mr. Kueny stated that staff would examine the feasibility of a second entrance. Ms. Lindley gave an oral update on staff's progress and the current status of the proposed community pool project. Mr. Kueny stated that the Community Pool Ad Hoc Committee had met earlier that day and he suggested an oral report from the Councilmembers who serve on the Committee. Councilmembers Harper and Millhouse stated that the Moorpark Unified School District (MUSD) is unable to fund their proposed proportionate share of the cost for the facility. As a result, the Ad Hoc Committee recommends that any future action on the pool be postponed and that the feasibility of working with Moorpark College as a third partner be explored. Councilmember Mikos stated that perhaps scaling back the proposed size of the pool would reduce not only the construction costs, but maintenance costs as well. Councilmembers Harper and Millhouse stated that scaling down the size of the pool would not make that much of a difference in the yearly maintenance costs. Mr. Kueny stated that the revenue potential should be considered more closely. Mayor Hunter inquired on the status of the proposed Skatepark. Ms. Lindley gave a brief review on the current status of the proposed Skatepark and explained that the City is currently looking into the purchase of additional land bordering Poindexter Park, and if purchased, the Minutes of the City Council and Parks & Recreation Commission Moorpark, California Page 4 April 10, 2002 recommendation would be that the Skatepark be built there. Commissioner Thompson stated that she had attended the recent CPRS Conference and had gathered useful information and updated laws regarding skateparks. Mayor Hunter inquired on the status of what the City currently has available to the public online pertaining to recreation. Ms. Lindley stated that the Recreation Brochure is posted online listing City events, programs, classes, and sports. She also stated that staff has researched the probability of placing a registration program online, and that such programs are costly, not only for installation, but also for the yearly maintenance. Mayor Hunter inquired on AVCP Phase II. Ms. Lindley stated that this project is proceeding along well, and that staff met with AYSO and Girls Softball for their input, and the architect is preparing the final draft plans. Ms. Lindley also stated that the restroom /snack bar project is currently out to bid and is scheduled for completion before Packer season begins. Commissioner Thompson inquired on the status of Arts in Public Places. Ms. Lindley stated that staff has not had the opportunity to proceed with this project at this time. Chair Pflaumer stated that the Parks and Recreation Commission had not been asked to serve on the Youth Sports Committee. He thought it would be helpful to have Commission representation on the Committee. Councilmember Harper suggested that one Commissioner could be appointed to serve on the Youth Sports Committee and report directly back to the Commission. CONSENSUS: The City Council and the Parks and Recreation Commission reached a consensus to review, and if necessary modify, the City's current park naming policy, to consider a new name for Griffin Park, and for the Commission to select one Commissioner to serve on the Youth Sports Committee. Minutes of the City Council and Parks & Recreation Commission Moorpark, California Page 5 April 10, 2002 6. ADJOURNMENT: Mayor Hunter adjourned the City Council and Chair Pflaumer adjourned the Parks and Recreation Commission at 7:40 p.m. Patrick Hunter, Mayor Thomas Pflaumer, Chair ATTEST: Deborah S. Traffenstedt City Clerk Patty Lemcke Administrative Secretary MINUTES OF THE CITY COUNCIL Moorpark, California October 2, 2002 A Regular Meeting of the City Council of the City of Moorpark was held on October 2, 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 6:40 p.m. 2. INVOCATION: Mayor Hunter requested a silent moment of reflection. 3. PLEDGE OF ALLEGIANCE: Councilmember Millhouse led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Walter Brown, City Engineer; Captain Robert LeMay, Sheriff's Department; Johnny Ea, Budget and Finance Manager; Paul Porter, Principal Planner; Laura Stringer, Senior Management Analyst; Nancy Burns, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation Recognizing Mental Illness Awareness Week, October 6 - 12, 2002. Mayor Hunter read the proclamation. Sonna Gray, representing the National Alliance for the Mentally Ill, was present to accept the proclamation. Ms. Gray thanked the City for the proclamation. Minutes of the City Council Moorpark, California Page 2 October 2, 2002 B. Proclamation Recognizing Ventura County Arts Week and Arts Day in California, October 4, 2002. Mayor Hunter read the proclamation and presented it to Margarita Riley. Ms. Riley thanked the City for the proclamation. C. Recognize New City Employee, Johnny Ea, Budget and Finance Manager. Mayor Hunter provided a summary of Mr. Ea's experience and welcomed him as a new employee to the City of Moorpark. 6. PUBLIC COMMENT: Moustafa Elgamiel, Moorpark resident, requested that the Council reconsider his claim for damages from a soccer ball that hit his vehicle as he was traveling on Collins Drive adjacent to the City's park. He explained that the fencing around the park does not adequately protect the public from future incidents. AT THIS POINT in the meeting, Mayor Hunter noted that the regular Redevelopment Agency meeting had been cancelled. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Mikos requested that Item ll.F be pulled from the Consent Calendar for individual consideration. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos reported that Santa Monica Mountains Conservancy's (SMMC) portion of Proposition 40 funding was well below what was anticipated. She further reported that SMMC is recommending that other jurisdictions pool their resources to develop the best way to utilize these limited funds. Councilmember Mikos requested that City staff contact SMMC staff and provide input on how the Proposition 40 funds could benefit the City of Moorpark with regard to acquisition of open space and related programs. Councilmember Mikos announced a Happy Camp Canyon Regional Park hike on October 13, from 2:00 p.m. to 5:00 p.m. She also announced a Jass beneath the Trees fundraising event Minutes of the City Council Moorpark, California Page 3 October 2, 2002 sponsored by the Commission on Human Concerns on October 5, from 2:00 p.m. to 6:00 p.m. Mayor Hunter announced the upcoming City Halloween party and Trick or Treat Village at Arroyo Vista Recreation on October 26, from 4:00 p.m. to 6:00 p.m. 9. PUBLIC HEARINGS: A. Consideration Amending Fiscal Year 2002 -2003 Annual Action Plan of Ventura County Community Development Block Grant (CDBG) Fiscal Year 2000 -2005 Consolidated Plan to Include Theater on High Project; Consider Adoption of Resolution No. 2002- to Apply for Section 108 Loan for Theater on High Project for $500,000 from the U. S. Department of Housing and Urban Development (HUD) for Furnishings, Fixtures, and Equipment (FF &E) for the Theater at 45 East High Street and for the Acquisition of 11 -17 East High Street; and Consider Approving Agreement Between City of Moorpark and Janss IV Recreation for Theater on High Project. (Continued with public hearing open from September 18, 2002 meeting.) Staff recommendation: Continue the public hearing to October 16, 2002. Mr. Kueny gave the staff report. Mayor Hunter stated that the public hearing was still open. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to continue this item, with the public hearing open, to October 16, 2002. The motion carried by unanimous voice vote. B. Consider an Ordinance Amending Moorpark Municipal Code Title 15 - Building and Construction, by Amending Chapters 15.04, 15.08, 15.12, 15.14, 15.16, 15.18, and 15.20; Adopting By Reference and Amending the Current Editions of Certain Model Codes. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Introduce Ordinance No. 289 for first reading, amending Title 15 of the Moorpark Municipal Code by amending Chapters 15.04, 15.08, 15.12, 15.14, 15.16, 15.18, and 15.20, and adopting by reference and amending the current editions of certain model codes. Minutes of the City Council Moorpark, California Paae 4 EI October 2, 2002 Ms. Stringer gave the staff report. She noted that the City Engineer has recommended that Section 3704.1 SURFACE WATER be amended to read, "Surface water from pool decks shall be collected and conducted through non - erosive devices to an area suitable and in conformance with the National Pollution Elimination Systems Regulations (NPDES)." In response to explained that a with an aggregate, seepage pit. Councilmember dry well is a such as broken Harper, Mr. Brown well that is filled rock, and used as a Mayor Hunter closed the public hearing. Ms. Traffenstedt read the title of Ordinance No. 289. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to waive further reading of Ordinance No. 289. The motion carried by unanimous voice vote. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to introduce Ordinance No. 289 for first reading. The motion carried by unanimous voice vote. PRESENTATION /ACTION /DISCUSSION: A. Consider Proposed Sign Program for Commercial Planned Development Permit No. 2001 -01 (Moorpark Marketplace - 357,621 Square Foot Commercial Center) Located South of New Los Angeles Avenue, East of Miller Parkway and West of the SR -23 Freeway on the Application of Zelman Retail Partners, Inc. (Continued from September 18, 2002 meeting.) Staff recommendation: Approve the Master Sign Program subject to the staff recommended modifications. Mr. Porter gave the staff report. He presented a video depicting the proposed sign at heights of seventy -eight (78) feet and thirty -eight (38) feet. He summarized staff's recommended revisions to the Master Sign Program. Minutes of the City Council Moorpark, California Page 5 October 2, 2002 In response to Councilmember Millhouse, Mr. Porter discussed the height and width of the freeway- oriented pylon sign and referred a question regarding the size of the Target sign to the applicant to answer. Thomas Vachet, a Moorpark resident, said he moved to Moorpark for its rural quality and environmental excellence, and expressed his concern about the size of the pylon sign being the tallest commercial sign in Ventura County. Craig M. Parker, a Moorpark resident, spoke in opposition to the 78 -foot high sign, and urged the Council to preserve the quality of life in Moorpark. Lise Houston, a Moorpark resident, said that the sign was not necessary and that its presence would degrade the value of Moorpark. She stated there is currently a beautiful view of the hills. She noted that no other retail establishment required such a sign along State Route 23 or Highway 118 in Ventura County. Pierce Verleur, a Moorpark resident, said that he would like to have a nice center but did not want to emulate the San Fernando Valley. He asked the Council to preserve the aesthetics of the City. Randy Potts, representing Superior Signs in Long Beach, and Brian Wolfe, representing P & R Architects, 111 W. Ocean Blvd., 21St Floor, Long Beach, responded to Councilmember Millhouse's questions regarding the appearance and dimensions of the freeway- oriented pylon sign. Robert Exel, representing Zelman Retail Partners, 515 South Figueroa, Suite 1230, Los Angeles, discussed alternatives that were looked at and stated that Target will not sign a purchase agreement until the freeway- oriented pylon sign is approved. In response to Councilmember Millhouse, Mr. Wolfe described the signage proposed in conjunction with the food court and fountain. Councilmember Millhouse stated that as proposed, a fountain with advertising does not constitute art. Minutes of the City Council Moorpark, California Page 6 October 2, 2002 In response to Councilmember Mikos, Mr. Wolfe stated that the scaffolding near the fountain was not part of the art project, and that the signage was shown on the arches. Councilmember Mikos recommended that the font type for the signage have more attractive lettering. In response to Councilmember Mikos, Mr. Porter confirmed that the development would comply with the Lighting Ordinance for the Carlsberg Specific Plan, as amended. In response to Councilmember Mikos, Mr. Wolfe stated that Caltrans requires fencing adjacent to State Route 23, but that they would build decorative fencing next to the pylon sign. Mr. Brown explained that Caltrans looks at what the local jurisdiction wants regarding fencing. In response to Councilmember Mikos, Mr. Exel stated that only the Kohl's store was guaranteed at this time. He stated that if Target backs out, other tenants would not sign their leases. He stated that a less elaborate sign could be built, but that it wouldn't be as attractive. He agreed with Mr. Wolfe that he believed Caltrans would approve a fence change. Councilmember Wozniak expressed concern relative to the size of the sign and the apparent insistence by the prospective tenants for the sign. In response to Councilmember Wozniak, Mr. Exel stated that Target has consistently stated since day one that they had to have this sign. Mr. Wolfe explained that the site was unusual because of the low elevation relative to the freeway, which minimized visibility. Mr. Exel discussed problems with alternative sign locations. In response to Councilmember Harper, Mr. Wolfe described how a wider and shorter pylon sign would look. Councilmember Mikos expressed concern that the wider and shorter design would look like a billboard. Minutes of the City Council Moorpark, California Paae 7 October 2. 2002 Mayor Hunter reiterated Councilmember Wozniak's concerns, and said he must consider the interests of Moorpark not the prospective tenants. He noted that there were no depictions of the sign at street level, from nearby residential neighborhoods, or at nighttime. Mayor Hunter stated that he could not support this level of signage and strongly encouraged the Council to refer the item back to the Council Ad Hoc Committee. Mr. Excel stated that he believed the Council approved the freeway- oriented pylon sign height and location in conjunction with the third amendment to the settlement agreement. Councilmember Millhouse advised that the Council should discuss this particular issue with the City Attorney before further deliberation. Mr. Kueny agreed that the matter should be discussed with the City Attorney and suggested that the item be continued for two weeks. Councilmember Harper expressed concern that without a consensus on the height, the Ad Hoc Committee could not make a different recommendation. In response to the Council's concerns, Mr. Kueny suggested tabling the item and recommended a telephone conversation with the City Attorney in closed session due to a threat of litigation. CONSENSUS: By consensus, the Council agreed to table the item to determine if a conference call could be arranged with the City Attorney. B. Consider a Resolution Ratifying the Implementation of Appendix VII of Ventura County Fire Protection District Ordinance 24 within Jurisdictional Boundaries of the Citv of Moor Approve Resolution No. County Fire Protection Appendix VII pertaining application within the the City of Moorpark. Dark. Staff Recommendation: 2002 -2010 ratifying Ventura District Ordinance No. 24, to building standards for jurisdictional boundaries of jt Minutes of the City Council Moorpark, California Page 8 October 2, 2002 Ms. Stringer gave the staff report. In response to Councilmember Harper, Diane Morgan, County Fire Marshall, stated that the ordinance has not been changed in regard to allowing homeowners to add 500 of the existing square footage to their homes without installing sprinklers. In response to Councilmember Mikos, Ms. Morgan confirmed that new construction of 5,000 square feet or more would require sprinklers. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to approve Resolution No. 2002- 2010, ratifying Ventura County Fire Protection District Ordinance No. 24, Appendix VII pertaining to building standards for application within the jurisdictional boundaries of the City of Moorpark. The motion passed by unanimous voice vote. AT THIS POINT in the meeting, Mayor Hunter announced that Item 10.C. would be deferred until after the Consent Calendar. 11. CONSENT CALENDAR: MOTION: Councilmember Mikos moved and Councilmember Wozniak seconded a motion to approve the Consent Calendar with the exception of Item No. ll.F., which was pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of March 20, 2002. Consider Approval of Minutes of Regular Meeting of June 5, 2002. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - October 2, 2002. Manual Warrants Payroll Liability Warrants 110550 - 110550 & 110641 - 110642 110643 - 110650 $ 1,204.31 $ 69,472.60 $ 13,052.37 Minutes of the City Council Moorpark, California Paae 9 October 2, 2002 Regular Warrants 110651 - 110744 $ 22,337.55 110745 - 110767 $211,580.01 Staff Recommendation: Approve the warrant register. C. Consider Authorizing the Sale of 6479 Penn Avenue #B. Staff Recommendation: 1) Approve Resolution No. 2002- 2011, authorizing the sale of 6479 Penn Avenue, Unit #B, Moorpark, for fair market value, and no less than $218,745, plus estimated costs of sale; 2) Direct the City Manager to approve reconveyance of the City's interest in this property; and 3) Direct staff to publish notice of a public hearing to be held November 6, 2002, to consider reallocating funds realized from the sale of this property. D. Consider Approval of Disposal of Surplus Computer and Related Equipment. Staff Recommendation: Staff recommends that the City Council adopt Resolution No. 2002 -2012 declaring computer equipment surplus. E. Consider Adoption of a Resolution Amending the FY 2002/03 Budget to Cover Final Project Costs and Authorize Recordation of the Notice of Completion for the Construction of the AVCP Phase II Restroom /Storage /Concession Facility Project. Staff Recommendation: 1) Adopt Resolution No. 2002 -2013 amending the FY 2002/03 budget by appropriating an additional $30,000 from the Park Improvement Fund - Community Zone; 2) Accept the work as complete; 3) Authorize the City Clerk to file the Notice of Completion for the project; and 4) Authorize the release of the balance of payment, due upon satisfactory clearance and 35 days after Notice of Completion records and completion of close -out contractual obligations on the part of the contractor. E. Consider Art in Public Places Project for CUP No. 94 -1 (Moorpark Country Club Estates). Staff Recommendation: Approve the Toll Brothers' Art in Public Places project as submitted. G. Consider Rejection of Claim: Moustafa Elgamiel. Staff Recommendation: Reject the claim and direct staff to send a standard rejection letter to the claimant. Minutes of the City Council Moorpark, California Page 10 October 2, 2002 H. Consider Adoption of Resolution Revising Administrative Fees for Towing of Vehicles and Rescinding Resolution No. 97 -1298. Staff Recommendation: Adopt Resolution No. 2002 -2014. I. Consider a Request for the Reduction of Sureties for Tract Improvements and Refund of a Cash Bond for Street Repairs Associated with Tract 5201 (Wilshire Builders, Inc.). Staff Recommendation: 1) Authorize the City Clerk to reduce surety #SD00076748, SD00076749, SD00076750, and SD00076751 as outlined in the agenda report; 2) Authorize the City Clerk to refund the cash surety for street repairs in the amount of $25,703.37 to Wilshire Builders; and 3) Authorize the City Clerk to fully exonerate all surety bonds held by the City for Tract 5201 one year after this approval of the reduction of surety bonds and upon written confirmation from the City Engineer that no warranty work is required. J. Consider Adoption of a Resolution Directing the Planning Commission to Hold a Public Hearing and Provide a Recommendation on a General Plan Amendment and Zone Change on 0.33 Acres Located at the Northwest Corner of Los Angeles Avenue and Millard Street. Staff Recommendation: Adopt Resolution No. 2002 -2015, directing the Planning Commission to study a potential General Plan Amendment and Zone Change at the northwest corner of Los Angeles Avenue and Millard Street and provide a recommendation to the City Council. K. Consider Solid Waste Franchise Extension. Staff Recommendation: Approve an extension of the City's Franchise Agreements with Moorpark Rubbish Disposal and GI Industries through October 31, 2002, and authorize the City Manager to execute the extension. L. Consider Resolution Adopting Revised Rules of Procedure for Council Meetings and Related Functions and Activities and Rescinding Resolution No. 99 -1613. Staff Recommendation: Adopt Resolution No. 2002 -2016. The following item was pulled from the Consent Calendar for individual consideration: Minutes of the City Council Moorpark, California Paae 11 October 2, 2002 F. Consider Resolution Authorizing the City's FY 2002/03 Transportation Development Act Claim. Staff Recommendation: Adopt Resolution No. 2002 -2017 authorizing the FY 2002/2003 TDA claim for the City of Moorpark and authorizing the City Manager to sign the claim for submittal to VCTC. Councilmember Mikos explained that she wanted the public to know that the funds were used for various items and programs such as the senior citizen dial -a- ride, new bus stop signs, new bus shelters, summer beach bus, two fixed route systems, new buses, Metrolink maintenance, and the Country Days bus. MOTION: Councilmember Mikos moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 2002 -2017 authorizing the FY 2002/2003 TDA claim for the City of Moorpark and authorizing the City Manager to sign the claim for submittal to VCTC. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, Mayor Hunter requested a motion for closed session to discuss under Item 13.A. the threat of litigation pertaining to Item 10.A. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to adjourn to Closed Session to confer with legal counsel under Item 13.A., one case, pertaining to Item 10.A. The motion carried by unanimous voice vote. The time was 8:42 p.m. Mr. Kueny announced that the facts and circumstances creating significant exposure to litigation, which facts and circumstances are known to potential plaintiffs, consist of a verbal threat of litigation from Robert Exel pertaining to the Third Amendment to the Settlement Agreement between the City of Moorpark and Conejo Freeway Partners. A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) Minutes of the City Council Moorpark, California Page 12 October 2, 2002 Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Joseph Montes, City Attorney (via telephone conference call); Barry Hogan, Community Development Director; and Deborah Traffenstedt, Assistant to the City Manager /City Clerk. The Council reconvened into open session at 9:25 p.m. Mayor Hunter stated that Item 10.A. was discussed in closed session under Item 13.A. Mr. Kueny stated that there was no action to report. AT THIS POINT in the meeting, Mayor Hunter announced that the Council would continue its discussion of Item 10.A and the remaining agenda items. 10. PRESENTATIONS /ACTIONS /DISCUSSION: A. Consider Proposed Sign Program for Commercial Planned Development Permit No. 2001 -01 (Moorpark Marketplace - 357,621 Square Foot Commercial Center) Located South of New Los Angeles Avenue, East of Miller Parkway and West of the SR -23 Freeway on the Application of Zelman Retail Partners, Inc. (Continued from September 18, 2002 meeting.) Staff recommendation: Approve the Master Sign Program subject to the staff recommended modifications. In response to Mayor Hunter, Mr. Wolfe stated that he had sketched an alternative sign that was approximately 55 feet in total height and 42 feet in width. He agreed to incorporate the arch features into the sign's design. Mr. Wolfe confirmed that he could create renditions of the sign in time for a special City Council meeting next week. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to continue Item 10.A. to Tuesday, October 8, 2002, at 6:30 p.m. The motion carried by unanimous voice vote. C. Consider Cancellation of Special Meeting Scheduled for October 9, 2002 and Rescheduling of Agenda Items. Staff Recommendation: Direct staff as deemed appropriate. P Minutes of the City Council Moorpark, California Page 13 October 2, 2002 Mr. Kueny gave the staff report and suggested a special meeting be held on October 30, 2002, that would not be televised. CONSENSUS: By consensus, the Council determined to cancel the special meeting scheduled for October 9, and reschedule the special meeting to October 30, at 6:30 p.m., for a workshop session to review concept design recommendations for the Police Services Center and for discussion of a State Route 23 study. 12. ORDINANCES: A. Consider Ordinance No. 286, an Ordinance of the Cit of Moorpark, California, Amending Chapter 17.30 of the Moorpark Municipal Code Related to Lighting Regulations. Staff Recommendation: Declare Ordinance No. 286 read for the second time and adopted as read. Ms. Traffenstedt read the title of Ordinance No. 286. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to waive further reading of Ordinance No. 286. The motion carried by unanimous voice vote. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to declare Ordinance No. 286 read for a second time and adopted as read. The motion carried by unanimous voice vote. B. Consider Ordinance No. 287, an Ordinance of the City of Moorpark, California, Approving Zone Change No 2002 -03 to Align Zone Boundaries with Lot Lines in Vesting Tentative Tract Map No. 4928 and to Allow for a Lot Line Adjustment for the Development of a Water Tank Site for the Moorpark Country Club Estates. Staff Recommendation: Declare Ordinance No. 287 read for the second time and adopted as read. Ms. Traffenstedt read the title of Ordinance No. 287. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to waive further reading of Ordinance No. 287. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 14 October 2, 2002 MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to declare Ordinance No. 287 read for a second time and adopted as read. The motion carried by unanimous voice vote. C. Consider Ordinance No. 288, an Ordinance of the City of Moorpark, California, Amending Section 12 16 050 of Chapter 12.16, Parks, of Title 12, Streets, Sidewalks, and Public Places, of the Moorpark Municipal Code. Staff Recommendation: Declare Ordinance No. 288 read for the second time and adopted as read. Ms. Traffenstedt read the title of Ordinance No. 288. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to waive further reading of Ordinance No. 288. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to declare Ordinance No. 288 read for a second time and adopted as read. The motion carried by unanimous voice vote. 13. CLOSED SESSION: No additional closed session was held. 14. ADJOURNMENT: MOTION: Councilmember Harper moved and Councilmember Mikos seconded the motion to adjourn the meeting to Tuesday, October 8, 2002, at 6:30 p.m. The motion carried by unanimous voice vote. The time was 9:33 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 4 `_0 MINUTES OF THE CITY COUNCIL Moorpark, California October 17, 2002 An Adjourned Meeting of the City Council of the City of Moorpark was held on October 17, 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 6:45 p.m. 2. PLEDGE OF ALLEGIANCE: Boy Scout Troop 649 led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; Joseph Montes, City Attorney; Ken Gilbert, Director of Public Works; Walter Brown, City Engineer; Captain Robert LeMay, Sheriff's Department; John Hartnett, Recreation Superintendent; Barry Hogan, Community Development Director; Paul Porter, Principal Planner; Nancy Burns, Senior Management Analyst; Laura Stringer, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation Recognizing Red Ribbon Week, October 19 - 27, 2002. Mayor Hunter read the proclamation and presented it to Captain Robert LeMay. Captain LeMay announced that red ribbons would be available to the public at the Moorpark Police Department and other various locations within the city. B. Proclamation Recognizing the month of October as Domestic Violence Awareness Month. Mayor Hunter read the proclamations. Cathy Brudnicki, representing Interface Children Family Services and Bonnie Warrington, representing Minutes of the City Council Moorpark, California Page 2 0 October 17, 2002 Soroptimist International, Camino Real Region, were present to accept the proclamations. Ms. Warrington presented the Mayor with handouts for city staff to give to the public, which provide the National Domestic Violence Hotline and Teen Assist phone numbers. C. City Manager's Monthly Report. Mr. Kueny introduced Hugh Riley, Assistant City Manager, who gave the monthly report. Mr. Riley provided an update of the Administrative Services Department's progress with regard to several projects including interfacing assets inventory reports into the permanent active Financial Management System; the audit of the City's transit programs; the City's annual audit; the submission of Fiscal Year 2001 -2002 annual street report to the State Controller; testing of new financial software for tracking developer deposit accounts known as the Deposit /Expense Time Tracking System (DETTS); participation in countywide sharing of data to develop a Geographic Information System (GIS); finalization of a contract with a consultant who will upgrade the design of the City's website; conversion of the City's computer operating system from Microsoft Windows NT to Microsoft 2000; and the availability of the archived video version of City Council meetings on the City's website at www.ci.moorpark.ca.us. PUBLIC COMMENT: Dale Parvin, President -elect and Fund Raising Chair, representing the Moorpark Rotary Club, announced the upcoming Civil War battle enactment to be held at the Tierra Rejada Ranch, 3340 Moorpark Road, from 10:00 a.m. to 4:00 p.m. on Saturday, November 2, and Sunday, November 3, 2002. Amado Reynoso, a Moorpark resident, expressed concerns regarding safety issues associated with the Colmer Development, including the increased number of cars emptying onto Flory Avenue; parking provided on only one side of the street; and children playing in the increasingly busy street. t ,4 �... , �s. Minutes of the City Council Moorpark, California Page 3 October 17, 2002 In response to Mayor Hunter, Mr. Kueny deferred to Mr. Hogan to advise the Council on the status of the Colmer project, Tentative Tract Map No. 5307. Mr. Hogan stated that a modification to add three affordable units to the previously approved Colmer subdivision recently went before the Planning Commission; the Redevelopment Agency is working with the developer to add the affordable units to what is currently Agency -owned property; and the Planning Commission considered and recommended approval of a Minor Modification to Tentative Tract Map No. 5307, a General Plan Amendment, and a Zone Change, all of which will come before the Council in the near future. In response to Mayor Hunter, Mr. Hogan stated that the original homes in the Colmer subdivision would not be adversely affected by the proposed changes. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:02 p.m. The City Council meeting reconvened at 7:07 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.) Councilmember Millhouse requested that Item 9.A. be considered prior to Public Hearings. CONSENSUS: By consensus, the Council determined to reorder Item 9.A. to be considered immediately prior to the consideration of the Public Hearings. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter announced the upcoming City Halloween Party and Trick or Treat Village at Arroyo Vista Recreation Center on October 26, 2002, from 4:00 to 6:00 p.m. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Presentation by Glen Becerra, Regional Manager Southern California Edison. Rudy Gonzales, Regional Manager for Southern California Edison, began the presentation. He discussed the consequences experienced by his company and consumers due to the deregulation of utility companies and provided an overview of Minutes of the City Council Moorpark, California Page 4 October 17, 2002 the future of his company since the energy supply shortages of the recent past. He introduced Glen Becerra as the new Regional Manager for the City of Moorpark. Mr. Becerra also introduced himself as a Councilmember from the City of Simi Valley. He stated that he looks forward to working with the City of Moorpark in both capacities. 8. PUBLIC HEARINGS: A. Consider Amending Fiscal Year 2002 -2003 Annual Action Plan of Ventura County Community Development Block Grant (CDBG) Fiscal Year 2000 -2005 Consolidated Plan to Include Theater on High Project; Consider Adoption of Resolution No. 2002- to Apply for Section 108 Loan for Theater on High Project for $500,000 from the U. S. Department of Housing and Urban Development (HUD) for Furnishings, Fixtures and Equipment (FF &E) for the Theater at 45 East High Street and for the Acquisition of 11 -17 East High Street; and Consider Approving Agreement Between City of Moorpark and Janss IV Recreation for Theater on High Project. (Continued with public hearing open from October 2, 2002 meeting.) Staff Recommendation: 1) Close public hearing; and 2) Decline request for Section 108 loan application, agreement with Janss IV Recreation, and amending Annual Action Plan. Mr. Kueny gave the staff report. Mayor Hunter stated that the public hearing remains open. There were no public speakers for this item, and Mayor Hunter closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Wozniak seconded a motion to: 1) Close the public hearing; and 2) decline the request for Section 108 loan application, agreement with Janss IV Recreation, and amend the Annual Action Plan. The motion carried by unanimous voice vote. B. Consider Industrial Planned Development Permit No. 2000 10, a Request to Construct an Approximately 113,994 Square Foot Mini - Warehouse /Office Building on a 112,184 Square Foot Parcel Located at 875 Los Angeles Avenue, at the Northwest Corner of Los Angeles Avenue and Goldman Avenue, on the Application of Asadurian Investments. (Continued from August 21, 2002 meeting.) Staff Recommendation: Continue the public hearing to November 6, 2002, with the public hearing open. ;� � V �1 Minutes of the City Council Moorpark, California Page 5 October 17, 2002 Barry Hogan stated that the applicant indicates additional time is needed beyond November 6, 2002, to allow time to work with the Ad Hoc Committee and staff. He stated that staff recommends continuing the public hearing open to December 18, 2002. Councilmember Millhouse asked if Councilmember Wozniak is comfortable continuing to work on that Ad Hoc Committee in light of his pending retirement. Mr. Kueny stated that he does not see a need for reorganization of the membership since he anticipates the Ad Hoc Committee will have concluded their work on this item early in December in order to be heard by December 18, 2002. Mayor Hunter stated that the public hearing remains open. There were no public speakers for this item, and Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to continue the public hearing open to December 18, 2002, to allow the Ad Hoc Committee and staff to work with the applicant. The motion carried by unanimous voice vote. C. Consider Minor Modification No. 3 to Commercial Planned Development No. 92 -01 to Modify the Conditions of Approval Pertaining to Permit Expiration and to Review Existing Conditions of Approval for Compliance with Current City Standards for the Gasoline Station /Mini -mart at the Southwest Corner of Moorpark and Los Angeles Avenues. Applicant: Moorpark Oil Company. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2002 -2018 approving Minor Modification No. 3 to Commercial Planned Development No. 92 -01, amending Conditions of Approval. Mr. Hogan gave the staff report. In response to Mayor Hunter, Mr. Montes stated that the City's opinion is that the Commercial Planned Development (CPD) permit can expire due to discontinuance of use; the applicant is arguing that the use did not cease due to receivership; and that he recommends any further discussion of the legal issues be held in closed session. In response to Councilmember Wozniak, Mr. Hogan stated that staff has requested the Alcohol Beverage Commission Minutes of the City Council Moorpark, California Page 6 October 17, 2002 (ABC) license transfer be held and that sign permits not be approved until resolution of this issue. In response to Councilmember Wozniak, Mr. Kueny confirmed that whether or not the applicant bonds for the conditions, staff's opinion is that the improvements must be completed before alcohol sales are permitted. In response to Councilmember Millhouse, Mr. Hogan stated that the question of abandonment is no longer an issue, since the applicant has indicated the project conditions are acceptable. Councilmember Mikos stated that there appears to be a reasonable compromise, if the applicant acquiesces and an efficient conclusion is reached. Mayor Hunter opened the public hearing. Sam Atassi, President of Moorpark Oil Company, Inc., 50 W. Los Angeles Avenue, Moorpark, California, stated that he is in agreement with the recommended conditions and is available for questions. In response to Councilmember Harper, Mr. Atassi stated that he is planning to start complying with the conditions right away; and that once he receives all of the permits, he expects to be completed within a few weeks. He also stated his ABC license is ready to be issued upon the City's concurrence. In response to Councilmember Wozniak, Mr. Atassi confirmed that he is in agreement with the withholding of the ABC license, since he will be in compliance with the conditions very soon. In response to Mayor Hunter, Mr. Atassi explained that the conditional approval from the ABC allows him to sell beer and wine; however, at the request of the City, he is not selling alcohol. Tom Cohen, Esq., attorney for the applicant, Moorpark Oil Co., Inc., Westlake Village, California, stated he is available for questions. Councilmember Millhouse stated that this is an easy fix and he will support staff's recommendation. Minutes of the City Council Moorpark, California Page 7 October 17, 2002 In response to Councilmember Mikos, Mr. Hogan stated that staff has requested that ABC hold the transfer of the license and that Mr. Atassi has been cooperative. Councilmember Mikos stated that she is glad the upgrades to the landscaping and the National Pollution Discharge Elimination System (NYPDES) requirements will be taking place. She went on to state her support of staff's recommendation. In response to Mayor Hunter, Mr. Hogan stated that Exhibit A., Item 4., allows staff flexibility to bring the site into compliance with the landscape plans by substituting some plant materials. Mayor Hunter closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2002 -2018 approving Minor Modification No. 3 to Commercial Planned Development No. 92 -01, amending the Conditions of Approval. The motion passed by unanimous voice vote. B. Consider Proposed Sign Program for Commercial Planned Development Permit No. 2001 -01 (Moorpark Marketplace - 357,621 Square Foot Commercial Center) Located South of New Los Angeles Avenue, East of Miller Parkway and West of the SR -23 Freeway on the Application of Zelman Retail Partners, Inc. (Continued from October 8, 2002 adjourned meeting.) Staff Recommendation: Approve the Master Sign Program subject to the staff recommended modifications. Mr. Porter gave the staff report, including a PowerPoint presentation of the modifications made to the signs. He stated that staff recommends Option B with the clock tower for the freeway pylon sign; a 20 -foot pylon sign with a roof style; the remainder of the suggested modifications listed in the August 26, 2002, staff report, except for the elimination of Item 6; and Councilmember Mikos' recommendations from the previous Council meeting. In response to Mayor Hunter, Mr. Porter deferred to the applicant on how the clock face is to be lighted. Mayor Hunter stated that the public hearing remains open. Brian Wolfe, architect for P & R Architects, 111 West Ocean Boulevard, #2100, Long Beach, California, added to A0..... Minutes of the City Council Moorpark, California Page 8 October 17, 2002 staff's description of the signage changes including a reduction in the height of the 24 -foot New Los Angeles Avenue sign to 20 feet, along with a reduction in width from 10 feet to 9 feet; architectural changes to the top of the sign to replace the solid panel including revisions to the cap to include full dimensional columns, a space for Target's logo, and termination in a flat cornice; and low - intensity surface illumination in compliance with the Lighting Ordinance to accent the clock face. He stated that a gable roof could be added to the 20 -foot pylon sign, but that he recommends not adding that feature. He said that they agree with the staff recommendations. In responses to Councilmember Mikos, Mr. Wolfe stated that adding music to the clock tower might be offensive to some people. Councilmember Harper stated that although he prefers a wider, lower sign, he likes Option B, which is very attractive. In response to Councilmember Harper, Mr. Wolfe indicated that the column features can be carried over to the east /west elevations. In response to Councilmember Mikos, Mr. Wolfe stated that the columns can be tapered, as seen in the previous version. CONSENSUS: By consensus, the Council determined that a tapered design was preferable for the columns. Robert Exel, representing Zelman Retail Partners, 515 South Figueroa, Suite 1230, Los Angeles, California, stated he was available for questions. Eloise Brown, a previous Moorpark resident who currently resides in Arizona, stated her opposition to the six - story high Target sign as it will become a defining statement for the City of Moorpark. Mayor Hunter closed the public hearing. Councilmember Harper stated that he prefers Option B for the freeway pylon sign with the modifications discussed, including the more ornate cap and base, tapered columns on all elevations, and the clock face on the east and west sides. Minutes of the City Council Moorpark, California Page 9 October 17, 2002 Mayor Hunter asked if there was a consensus on the freeway pylon sign. The majority of the Council was in favor of Option .B with the more ornate cap and base elements, tapered columns on all elevations, and containing a clock face on the east and west sides. Mayor Hunter and Councilmember Millhouse were opposed. Councilmember Harper stated that the 20 -foot high sign at the 9 -foot width is fine without the roof element. CONSENSUS: By consensus, the Council determined that the more slender 9 -foot wide version of the 20 -foot high sign without a roof element was acceptable. In response to Councilmember Harper, Mr. Wolfe stated that the national chain stores would have their trade mark logo and fonts on the 12 -foot sign, while other smaller tenants would be limited to one of three colors using dimensional letters with different fonts. Councilmember Harper stated that the 12 -foot sign is attractive looking and he concurs with the applicant that there be should be no decorative roof feature. He went on to state that the line drawing of the colonnade at the food court shows the tenant logos have been moved away from the water feature, which should make it more acceptable to Councilmember Millhouse. CONSENSUS: By consensus of the Council, it was determined that the 12 -foot high sign need not have a roof feature and that the logos shown on the colonnade near the proposed fountain should be moved away from the water feature. Mayor Hunter asked if there was a consensus to accept staff's recommendation to delete Modification No. 6. CONSENSUS: By consensus of the Council, it was determined to accept staff's recommendation to delete Modification No. 6. Councilmember Millhouse stated his opposition to the project and proposed sign program. He stated he could not support a 66 -foot high pylon sign. Mayor Hunter stated his opposition to the sign program, indicating that a 66 -foot high sign is inappropriate for the community and in this location; the Council is making this decision under threat of litigation; and other -, oi`�j(- ,,�0,., Minutes of the City Council Moorpark, California Page 10 October 17, 2002 shopping centers have been successful without extraordinary signage. Councilmember Harper stated that he is not voting in favor of the proposal out of fear of litigation; he likes the tenant mix; the residents want to shop in their own community; he wants to be there for the grand opening; and he welcomes the Zelman project to the City. Mayor Hunter stated that if there is no reluctance over litigation then why is a 35 -foot sign not acceptable. Councilmember Harper stated that a shorter 45 -foot, wider version was previously presented and was not accepted. Councilmember Mikos stated that she had wanted the applicant to come back to the Council with examples of both a short and tall version of the freeway sign; however, the Council voted to have a shortened, 66 -foot version of the tall sign return to Council. She stated that if litigation is still of concern, the Council should go into closed session. She suggested that the applicant approach Target again to request the elimination of the freeway- oriented pylon sign. MOTION: Councilmember Harper moved to approve the Master Sign Program with the incorporation of the modifications recommended by staff and the Council. Councilmember Millhouse declared, as a point of order, that he takes exception to Councilmember Mikos' suggestion that the two dissenting members of the Council voted against giving the developer the option to come back with a shorter version of the sign; that the Council had already voted to allow a sign up to 78 -feet in height; and that the design of the sign was all that was under consideration at this time. Councilmember Mikos stated video tapes and the Council consider different designs, there was no consensus. that she had reviewed the was given the opportunity to which were shorter, but that MOTION: Councilmember Harper re: Councilmember Wozniak seconded the Master Sign Program with the modifications recommended by staff motion carried by voice vote 3 Councilmember Millhouse dissenting. Stated his motion and motion to approve the incorporation of the and the Council. The -2, Mayor Hunter and Minutes of the City Council Moorpark, California Page 11 October 17, 2002 C. Consider Arroyo Vista Community Park Phase II Revised Construction Plan and Scope of Work. Staff Recommendation: 1) Approve the Scope of Work identified in Option B, which includes an additional future appropriation of $523,110 and a loan from the General Fund to the Community Zone of $333,110 to be repaid with applicable Local Agency Investment Fund interest; and 2) Direct that the Park Improvement Fees to be paid by USA Properties for the Vintage Crest project be designated 100 percent to the Community Park Zone. Mr. Kueny gave the staff report. In response to Mayor Hunter, Mr. Kueny stated that the loan would be repaid to the General Fund when additional Park Improvement Fees are paid by various developers. He went on to state that the General Fund Reserve was recommended as a source since there is not sufficient money in the other park zones. In response to Councilmember Harper, Mr. Kueny stated that Option C could be repaid within approximately five years. In response to Councilmember Mikos, Mr. Kueny stated that the anticipated $9.6 million in future park in -lieu fees comes from within the current City limits. He stated the Endowment Fund has specific identified uses, including City Hall, Public Works, and Police Facilities; and was never intended to be used for the Arroyo Vista Community Park Phase II purposes. In response to Councilmember Wozniak, Mr. Kueny stated that the recommendation for Option B is based upon Ms. Lindley's findings. He stated his recommendation would be for Option C, since the funds can be recouped and the primary parking lots should be paved due to the heavy usage at that park. Councilmember Millhouse concurred with Option C. In response to Councilmember Harper, Mr. Kueny stated that the General Fund Reserve is in excess of $7 million. Councilmember Harper stated his support of Option C. There were no public speakers for this item. Minutes of the City Council Moorpark, California Page 12 October 17, 2002 Mayor Hunter stated he would like additional dialogue on funding sources. In response to Councilmember Mikos, Mr. Kueny stated that Option C would use all available Community Park Zone monies, and the Endowment Fund could be used for the aquatics facility. He explained that the pool would not be jeopardized logistically, since that portion of the park would not be impacted; however, the financial question for the Endowment Fund and the General Fund is that the City still needs to rely on the interest income of those funds as revenue. He stated the benefit is that this is a loan with repayment within the next five years. Mayor Hunter stated that the City has been reluctant to build the swimming pool due to long term maintenance costs, not the initial construction costs. He went on to state his concern for using the Endowment Fund or the General Fund Reserve for construction rather than the use of Parks Funds to be repaid by future development revenues. Councilmember Harper suggested for future Council discussion, a less expensive, scaled -down aquatics facility for Poindexter Park, with a larger aquatics facility near the high school to be constructed later. Mayor Hunter expressed reluctance to use the Endowment Fund or General Fund reserve. In response to Councilmember Mikos, Mr. Kueny explained that the Mayor is suggesting that the money in the other park zones be pooled and used first and that the General Fund reserve or Endowment Fund would only be used only to supplement the remaining balance. In response to Councilmember Mikos, Mayor Hunter stated that there is justification for loaning intra -fund, because Arroyo Vista Park provides a broad community attraction. He stated the balance would then need to come from either the General Fund or Endowment Fund. Councilmembers Millhouse and Wozniak concurred that Option C was a good approach. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded the motion to select Option C with direction for staff to proceed and that the matter of the loan be referred to the Budget and Finance Committee to be reported at Minutes of the City Council Moorpark, California Page 13 the next regular meeting. voice vote. 10. CONSENT CALENDAR: October 17, 2002 The motion carried by unanimous MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - October 16, 2002. Manual Warrants Voided Warrant Payroll Liability Warrants 110768 - 110775 & $ 33,491.03 110867 110776 - 110783 1 11 $ 13,094.35 Regular Warrants 110784 - 110861 & $ 18,849.70 110862 - 110894 $ 731,442.79 Staff Recommendation: Approve the warrant register. B. Consider Adoption of a FY 2002/2003 Budqet Amendment for the Senior Games. Staff Recommendation: Adopt Resolution No. 2002 -2019, amending the FY 2002/2003 budget by allocating $750 from the Senior Trust Fund (6000) for the Senior Games Event. C. Consider Petition and Waiver to Increase the Assessment Amount for District 16 (AD01 -03: Cabrillo). Staff Recommendation: Accept and approve the subject Petition and Waiver increasing the assessment amount for District 16 (Cabrillo) as described in the agenda report. D. Consider Rejection of Claim: Roger Dixon. Staff Recommendation: Reject the claim and direct staff to send a standard rejection letter to the claimant. E. Consider Resolution Amending the Conflict of Interest Code of the City of Moorpark and Rescinding Resolution No. 2000 -1796. Staff Recommendation: Adopt Resolution No. 2002 -2020. F. Consider Report of Annual Development Agreement Review, Established in Connection with a 35 -Acre, Detached Single- Family Residential Unit Project Located on the South Side of Los Angeles Avenue, West of Leta Yancv Road Minutes of the City Council Moorpark, California Page 14 October 17, 2002 (Formerly Liberty Bell Road) (Tract 5053, Pacific Communities). Staff Recommendation: 1) Accept the Community Development Director's report and recommendation that, on the basis of substantial evidence, Pacific Communities has complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. G. Consider Report of Annual Development Agreement Review, Established in Connection with Residential Planned Development Permit No. 97 -1, a 312 -Unit Apartment Project Located on the West Side of Moorpark Avenue, South of Park Crest Lane and North of the Arroyo Simi (Archstone Communities). Staff Recommendation: 1) Accept the Community Development Director's report and recommendation that, on the basis of substantial evidence, Archstone Communities has complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. H. Consider FY 2002/2003 Budget Amendment for Purchase and Installation of Park Monument Signs. Staff Recommendation: Adopt Resolution No. 2002 -2021, amending the FY 2002/2003 budget by appropriating $14,000 from the Park Improvement Fund - Zone 3 (2113) and $6,000 from Park Improvement Fund - Zone 2 (2112) to the respective expenditure budgets for Tierra Rejada Park and Campus Park. I. Consider an Agreement to Provide Securitv Guard Services at the Moorpark Metrolink. Staff Recommendation: Authorize the City Manager to select a firm to provide security services within the authorized budget and to execute the Agreement to provide security guard services at the Moorpark Metrolink Station. J. Consider Changing the Community Services Intern to a Full -Time Management Assistant and Adopt Resolution No. 2002 -2022 to Amend the Fiscal Year 2002/2003 Solid Waste Budget. Staff Recommendation: Approve the addition of a Management Assistant position (Range 46) in the Community Services Department, and Adopt Resolution No. 2002 -2022, amending the Fiscal Year 2002/2003 Solid Waste Budget. 11. ORDINANCES: A. Consider Ordinance No. 289, an Ordinance of the City of Moorpark, California, Amending Title 15 of the Moorpark Municipal Code by Amending Chapters 15.04, 15.08, 15.12, Minutes of the City Council Moorpark, California Page 15 October 17, 2002 15.14, 15.16, 15.18, and 15.20; Adopting by Reference and Amending the Current Editions of Certain Model Codes as Follows: Uniform Building Code, Volumes 1, 2, & 3, 1997 Edition, with Appendix; National Electrical Code, 1999 Edition; Uniform Plumbing Code, 2000 Edition; Uniform Mechanical Code, 2000 Edition; Uniform Housing Code, 1997 Edition; Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition; and the Uniform Administrative Code, 1997 Edition. Staff Recommendation: Declare Ordinance No. 289 read for the second time and adopted as read. Mr. Montes read the title of the Ordinance No. 289. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to waive further reading of Ordinance No. 289. The motion carried by unanimous voice vote. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to declare Ordinance No. 289 read for the second time and to adopt Ordinance No. 289. The motion carried by unanimous voice vote. 12. CLOSED SESSION: None was held. 13. ADJOURNMENT: MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adjourn the meeting. The motion carried by unanimous voice vote. The time was 8:25 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk i ✓%Illt�c ��P ,�' �`�f MINUTES OF THE CITY COUNCIL Moorpark, California October 30, 2002 A Special Meeting of the City Council of the City of Moorpark was held on October 30, 2002, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:25 p.m. 2. PLEDGE OF ALLEGIANCE: Planning Commissioner Mark DiCecco led the Pledge of Allegiance. 3. 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; Barry Hogan, Community Development Director; Mary Lindley, Community Services Director; Walter Brown, City Engineer; David Bobardt, Planning Manager; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PUBLIC COMMENT: None. 5. PRESENTATION /ACTION /DISCUSSION: A. Consider Design for New Police Services Center. Staff Recommendation: Approve concept design and schematic plans for new Police Services Center. Hugh Riley, Assistant City Manager, gave the staff report. He introduced the first in a series of workshops regarding the Police Services Center. He introduced the architects from Widom Wein Cohen O'Leary Terasawa (WWCOT) who would be giving a Minutes of the City Council Moorpark, California Paqe 2 October 30. 2002 presentation on the site, landscaping, and floor plans for the Council's consideration and approval. Chester Widom, from WWCOT, 3130 Wilshire Boulevard, Santa Monica, California, introduced the design team including Andrea Cohen Gehring and Larry Taniguchi from WWCOT, along with Katherine Spitz, landscape architect from Katherine Spitz Associates. Mr. Taniguchi outlined the proposed floor plan and interior circulation within the space of the facility. Ms. Gehring described the site analysis and constraints. She presented three building schemes with color /materials alternatives for the Council's consideration. She described the various features of the project including a public plaza, water fountain, future site for a vehicle maintenance building, public lobby, separate offices for the California Highway Patrol (CHP) and the Ventura County Sheriff, Emergency Operations Center (EOC), and a day care center for employees' children. Ms. Spitz presented the landscape plan and described the types of trees, sustainable landscape and paving materials, and ground plantings proposed for the site. In response to the Mayor Hunter, Mr. Widom stated and Mr. Riley confirmed that the CHP and Sheriff wanted their workspaces kept separate. Mr. Widom went on to state that the design allows for future modifications to the interior space to provide a connection of the two areas. In response to Mayor Hunter, Mr. Widom stated that they took direction from the law enforcement entities for the locations of the briefing room, equipment room, and the exterior door. In response to Mayor Hunter, Ms. Gehring stated that skylights were not considered for the lobby area due to the expanse of glass along the front. In response to Mayor Hunter, Mr. Riley stated that a helipad had originally been included in the plans however; the space needed for a pad took away from the flexibility in the parking lots and for future expansion. He also stated that there are nearby open Minutes of the City Council Moorpark, California Page 3 October 30, 2002 spaces which could accommodate a helicopter, and it was determined that there was not a current need for a helipad. In response to Mayor Hunter, Mr. Widom stated that the EOC has also been designed to be used as a public meeting space and as a training center. In response to Mayor Hunter, Ms. Spitz stated that they would look at including indoor landscape. In response to Councilmember Wozniak, Mr. Taniguchi stated that the perimeter wall surrounding the facility is an eight -foot high, solid block wall. In response to Mayor Hunter and Councilmember Wozniak, Ms. Gehring described the six -foot high bulletproof windows and the secure access to the lobby. In response to Councilmember Harper, Mr. Riley stated that the day care center is for the use of employees with work shift problems. Mr. Kueny stated that the day care center will be need driven and operated as a co -op. In response to Councilmember Harper, Mr. Taniguchi stated that the location of the CHP armory was specified by the CHP. A discussion followed among the Councilmembers and the consultants regarding the flexibility for future interior design changes to accommodate a change in tenants versus an increased initial cost to make the building larger and realign the interior walls to preclude future remodeling requirements. In response to Councilmember Millhouse, Mr. Kueny stated that the lease has not yet been negotiated with the CHP. He went on to state that if the City of Moorpark has its own police force in the future, this building would be suitable. In response to Councilmember Mikos, Mr. Riley stated that the cost of the two -bay vehicle maintenance facility for the CHP is included in the cost estimate. He also stated that the maintenance facility would not be required for the City's own police department, Minutes of the City Council Moorpark, California Page 4 October 30, 2002 which would use the Public Works' maintenance facility. Mr. Kueny stated that the Sheriff's Department has the General Services Agency (GSA) perform their vehicle maintenance; however, many cities use offsite maintenance. He also stated that even though the CHP wants a full maintenance station, there may be other options, such as using the Caltrans maintenance facility or a local gas station. Councilmember Mikos asked Planning Commissioner Mark DiCecco to comment on the design of the police center. Commissioner DiCecco stated that the building works well, the interior circulation is clear, the EOC activities are confined to a specific area, and the cost would be minimal to change the location of interior walls versus the cost of enlarging the building. Mayor Hunter asked if there is consensus of the Council for preliminary approval on the interior floor plan based upon the CHP and Police Department's request, absent the concern about the interior wall alignment. Councilmember Harpe experts; however, substantial cost to to current code, resembles two zero integrated space. r stated that he will defer to the Moorpark College has incurred remodel interiors to bring them up and he was surprised by what lot line buildings rather than an Councilmember Millhouse stated that this floor plan design is what the agencies want and he is willing to move on. Mayor Hunter stated he will defer to the consultant's design. Councilmember Mikos stated that she is not concerned about changing the interior at a later date versus enlarging the building design to align the interior walls. Minutes of the City Council Moorpark, California Page 5 October 30, 2002 CONSENSUS: By consensus, the Council determined to move forward with the interior plan and to move on to discuss the orientation of the building on the site plan. Councilmember Mikos stated that she liked the plaza area, the open effect on the corner, and the landscape plans, although she would like to see apricot trees used in the design. Mr. Kueny cautioned that the orientation of the site may need to move north depending on how much grading is required to raise the site. Mr. Gilbert stated that excess dirt was imported due to soils problems on the site, and more information is pending from the Ventura County Flood Control District concerning the flood elevation and the capacity of the Arroyo Simi. CONSENSUS: By consensus, the Council determined that the orientation of the site would be generally as shown and moved on to discuss the exterior elevations for the center. Ms. Gehring gave her recommendation to be Scheme A, since it is a progressive statement for the community with a welcoming effect and an agrarian feel. Councilmember Harper stated that all of the elevations are too modern to blend with old town Moorpark or the architecture found on High Street, the architectural styles do not blend with the 1890's look of the Fire Station, and the industrial park look adds to the clutter. Councilmember Mikos stated that all three Schemes remind her of 1950- 1960's elementary or high school buildings. Councilmember Millhouse stated that replicating High Street is not necessarily desirable, that he likes the unique designs, and that the use of brick ties in with the Fire Station. He also stated that it is important to blend the future with the past, he would like to see some public art in the plaza area, and he likes the color palette on the rendering of Scheme C with the addition of brick. He stated Scheme B would be his second choice and Scheme A his third choice. J .� „ ; "- yy P,x."0* 1 4 4'TMy Minutes of the City Council Moorpark, California Pacte 6 October 30, 2002 Commissioner DiCecco stated that it is not a problem to have the design contrast with High Street, these designs do not lock in the architecture for the new City Hall, and that the Police Service Center and the City Hall will act as bookends with High Street in between. He also stated that he prefers Scheme A with the entry element and the "lantern- like" effect at night. Mr. Kueny stated that he does not like Scheme A, and that Scheme C is more appropriate for this type of facility. Mr. Riley concurred with Mr. Kueny and stated using a brick element will tie in with the architecture of the Fire Station, and that the City will have future opportunities to strength the statement on High Street. Mayor Hunter stated he had similar concerns to those of Councilmember Harper, but after listening to Commissioner Di.Cecco's description of the Police Station and the future City Hall as bookends to High Street, he is reassured by the design. Councilmember Wozniak stated that it is a mistake to try and design from the dais, and that the Council should rely on what the experts are advising, or they will end up with another area looking like High Street does today. A poll of the Council revealed that Councilmember Millhouse was in favor of Scheme C, Councilmember Wozniak liked Scheme A with the addition of brick, Mayor Hunter and Councilmember Mikos preferred Scheme A with different colors, and Councilmember Harper declared that he did not like any of the elevations. In response to Mayor Hunter, Mr. Widom stated that they would return with color and materials options for Scheme A in time for the first or second Council meeting in December. AT THIS POINT in the meeting, the City Council took a recess. The time was 8:55 p.m. The City Council meeting reconvened at 9:10 p.m. Minutes of the City Council Moorpark, California Paae 7 October 30, 2002 B. Consider Discussion of Potential Modifications to the Circulation Element Roadway Network Adjacent to the Planned State Route 118 Bypass and State Route 23 Freeway Extension. Staff Recommendation: Provide direction to staff on Circulation Element Highway Network issues. Mr. Bobardt gave the staff report. Mr. Brown presented the road alignment study prepared by Charles Abbott and Associates and cited the issues and alternatives from the staff report. Tony Simen, a Moorpark resident, expressed concerns regarding increased truck traffic near the Virginia Colony neighborhood, where Los Angeles Avenue has not been improved or widened and where there are no traffic signals. He asked the Council to consider these hardships for the residents and asked that the truck traffic be re- routed. In response to Councilmember Millhouse, Mr. Bobardt described the impacts of Alternative 4. Mr. Brown demonstrated the alternative routes using a model of the effected area. A discussion followed among the Councilmembers, staff, and representatives from Pardee and Morrison Homes regarding the impacts of the various routes. Jim Beck, Land Development Manager and James Bizzelle, Director of Community Development for Pardee Homes, along with Dennis Mitchem, Vice President of Morrison Homes, expressed concerns regarding any delays in proceeding with their housing developments due to grading encroachments required by the placement of the truck route. CONSENSUS: By consensus, the Council requested information on three potential alignments of State Route 23: 1) using the existing Walnut Canyon /Moorpark Avenue alignment; 2) improving Grimes Canyon Road to State Highway standards; and 3) constructing an alternative Crawford Canyon (Alternative 4) alignment that connects Walnut Canyon Road to Los Angeles Avenue. Minutes of the City Council Moorpark, California Paqe 8 October 30, 2002 C. Consider Agreement to Sell 6479 Penn Street Unit B to the Moorpark Redevelopment Agency. Staff Recommendation: Approve agreement to sell 6479 Penn Street, Unit B to the Moorpark Redevelopment Agency and authorize the City Manager to sign the agreement and related documents. CONSENSUS: By consensus, the Council determined to waive the presentation of the staff report. MOTION: Councilmember Harper seconded a motion 6479 Penn Street, Unit Agency and authorize the and related documents. voice vote. 6. ADJOURNMENT: Wozniak moved and Councilmember to approve the agreement to sell B, to the Moorpark Redevelopment City Manager to sign the agreement The motion carried by unanimous MOTION: Councilmember Millhouse moved and Councilmember Wozniak seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 9:55 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk