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HomeMy WebLinkAboutMIN 2003 0604 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California June 4, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on June 4, 2003, 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. PLEDGE OF ALLEGIANCE: Hugh Riley, Assistant City Manager, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Ken Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Cynthia Borchard, Administrative Services Director; Walter Brown, City Engineer; Captain Richard Diaz, Sheriff's Department; Nancy Burns, Senior Management Analyst; John Brand, Senior Management Analyst; Kim Chudoba, Senior Management Analyst; John Hartnett, Recreation Manager; Paul Porter, Principal Planner; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Introduce new City Employee, Shaun Kroes, Community Services Technician. Mayor Hunter introduced Shaun Kroes, Community Services Technician and welcomed him to the City staff. Minutes of the City Council Moorpark, California Paqe 2 June 4, 2003 5. PUBLIC COMMENT: Joseph F. Catrambone, a Moorpark resident, thanked the Council, Moorpark Police Department, and staff for their help in curtailing the dirt bike riding activity near his home. Michael Ellis, a Moorpark resident, expressed concern about parking ticket revenues having become more important in the City than community relations; and complained about parking tickets given to guests attending a wedding at his home. Mayor Hunter asked Mr. Ellis to stay and speak to Captain Diaz regarding the incident. Stephanie Angelini, a Westlake Village resident, spoke on behalf of the Theater on High Street, which is offering concerts and children's matinees. She stated that the theater is also available to rent for special occasions; and the Gold Coast Theater Conservatory, of which she is a member, will be providing theater classes to children at the Theater on High Street throughout the summer. Kenneth A. Lichtig, representing the Moorpark Baha' Community, invited Council and the Moorpark community to attend the 5th Annual Race Unity Celebration to be held in Oxnard on June 14th from 12 -4:00 p.m. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:04 p.m. The City Council meeting reconvened at 7:05 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Hunter requested Item 10.K. be pulled from the Consent Calendar to be considered prior to Public Hearings. Councilmember Mikos requested that Item 10.A. be pulled from the Consent Calendar. Mr. Kueny requested Item 9.B. be continued to July 2, 2003. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: None. Minutes of the City Council Moorpark, California Page 3 June 4, 2003 AT THIS POINT in the meeting, Item 10.K. was considered. 10. CONSENT: K. Consider Request from Roam'n Relics Car Club to Hold Car Show on October 26, 2003 from 8 a.m. to 3 p.m. on High Street and Pay Reduced City Fees for the Event. Staff Recommendation: 1) Waive fee for use of Redevelopment Agency property, charge Club the contract billing rate for police charged by the County of Ventura, and charge Club the direct cost of other staff to plan the event; 2) Require Club to pay an encroachment permit fee ($100) and a temporary use permit fee ($88); and 3) Require Club to provide the City and Agency with an indemnification agreement and name the City and Agency as additional insureds in the Club's insurance policy. In response to Mayor Hunter, Mr. Kueny confirmed that this is a similar request to that of previous years. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers for this item. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to: 1) Waive the fee for use of Redevelopment Agency property, charge the Club the contract billing rate for police charged by the County of Ventura, and charge the Club the direct cost of other staff to plan the event; 2) Require the Club to pay an encroachment permit fee ($100) and a temporary use permit fee ($88) ; and 3) Require the Club to provide the City and Agency with an indemnification agreement and name the City and Agency as additional insureds in the Club's insurance policy. The motion carried by unanimous voice vote. 8. PUBLIC HEARING: A. Consider Commercial Planned Development Permit No. 2002 -01 for Construction of Three Commercial Buildings on a 2.29 Acre Parcel Located Northeast of the Northeast Corner of New Los Angeles Avenue and Spring Road, on the Application of GreeneWay Development, Inc. Staff Recommendations: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt the proposed Negative Declaration as sufficient environmental documentation; and 3) Adopt Minutes of the City Council Moorpark, California Page 4 June 4, 2003 Resolution No. 2003 -2091 approving Commercial Planned Development Permit No. 2002 -01. Mr. Hogan gave the staff report. In response to Council, Mr. Hogan stated that there are no plans to relocate the driveway on New Los Angeles Avenue; the building cannot be adjusted back on the site due to parking /circulation arrangements; and in anticipation of the future Capital Improvement Project where two southbound left turn lanes and a raised median on Spring Road will be installed, this project will be precluded from left -hand turns into or out of the project onto Spring Road. A discussion followed among the Councilmembers and staff regarding the viability of the center if left turn ingress /egress is prohibited; traffic flow within the center and on adjacent streets; and the capacity of the parking area and competition for parking between tenants. Mr. Kueny stated that during their approval processes, McDonald's and Blockbuster were advised that left turn ingress /egress would be prohibited. Mr. Hogan stated that this is a difficult site due to the previous piecemeal development; the project more than meets the Parking Ordinance requirement for number of spaces; the tenant uses proposed for the center include a dentist, a restaurant, dry cleaners, possibly a bakery, and a day spa; and in regard to the recommendation to provide an easement, the City will approach the apartment property owner to obtain an Irrevocable Offer of Dedication of the easement to the City, which if successful, would be returned to the property to create reciprocal access with the shopping center and allow improved access to Spring Road. Mayor Hunter opened the public hearing. John Newton, representing GreeneWay Development, 165 High Street, Suite 103, Moorpark, introduced Larry Greene, developer; Mark Pittman, architect; and Kevin Williams, civil engineer for the project, as available for questions. Mr. Newton provided a history of the site plan dating back to 1986; expressed concern that Minutes of the City Council Moorpark, California Paqe 5 June 4, 2003 the Traffic System Management (TSM) fee required for this project is considerably higher than that paid by McDonald's or Blockbuster Video; questioned the National Pollutant Discharge Elimination System ( NPDES) requirement that this project is to inherit storm water from the other two sites and the requirement to treat and remove it; requested that the new Condition No. 16 be removed, as the driveway was originally constructed to City specifications and should not be the applicant's responsibility to change; stated that the applicant is agreeable to the left turn restrictions on the site; and asked that the determination for on -site internal circulation be left to the developer and tenants. In response to Council, Mr. Newton stated that the apartment property owner has refused the applicant's offer for reciprocal access; the design for the project will be such that the driveway can be built; reciprocal parking and driveway easements are contained throughout the project; and the size of trees to be planted will be left to the approval of the Community Development Director. In response to Councilmember Millhouse, Mr. Kueny stated that Caltrans has not sought to alter egress from the apartment site; however, at some point, as the traffic increases on New Los Angeles Avenue, a signal light may be considered; and in the meantime, the existing left turn movements would remain. In response to Councilmember Millhouse, Mr. Kueny stated that the TSM fee is based upon the threshold for the larger size of this project, while the smaller projects of McDonald's and Blockbuster fell below the requirement. In response to Councilmember Millhouse, Mr. Brown stated that moving the Spring Road driveway further north would not solve the problem of turning radius and the applicant would have to eliminate part of the development; NPDES regulations have been tightened since McDonald's and Blockbuster were built; and the Clean Water Act applies to all drainage, including existing facilities, even though it is focused on the applicant applying for the new permit. Minutes of the City Council Moorpark, California Page 6 June 4, 2003 In response to Councilmember Mikos, Mr. Kueny stated that he is confident the concern about the NPDES compliance can be worked out; the new development, being the largest of the three pieces in the center, is incurring a larger fee; and it may be possible to form an assessment district to guarantee shared responsibility. Mr. Greene described the tenant mix for the center to include a full service, high -end spa; a local dentist, an anticipated medical use, a dry cleaner, a restaurant use facing the courtyard and possibly a bakery, a 1 -hour photo shop, and a frame gallery. A discussion followed between the Council and staff focusing on Condition No. 16. and included the suggestion that the driveway reconfiguration be delayed until the Los Angeles Avenue Street Widening Project so that the City can work with Caltrans to make the adjustments, versus having the applicant pay to correct what was previously approved. Mr. Kueny suggested that an offer could be made to give the developer credit towards Los Angeles Area of Contribution (LA -AOC) fees for the cost of reconfiguring the driveway. Councilmember Harper continued to express concerns regarding the internal circulation and lack of parking. He offered ideas for reconfiguring Building C to alleviate congestion to the east. A discussion followed between the Council and staff regarding the left turn ingress /egress to the site and focused on vehicles exiting the site and making a u- turn at Spring Road to travel eastbound on New Los Angeles Avenue to get to State Route 23; the widening of Spring Road accommodating vehicles exiting the site and making a u -turn at Roberts Avenue to travel southbound on Spring Road; and the option of yet another u -turn at Flinn Avenue. In response to Councilmember Millhouse's concerns about the viability of the center due to ingress /egress limitations and his suggestion for removing some parking to allow the Spring Road driveway to be moved 100 -feet to the north, Mr. Hogan Minutes of the City Council Moorpark, California Page 7 June 4, 2003 stated that moving the driveway would create a difficult maneuver and stacking would be exacerbated for southbound left turns. In response to Councilmember Parvin's concerns regarding the challenges for the project if the easement is not granted to connect to the residential property to the east, Mr. Kueny stated that regardless of the easement, the overall circulation must be considered and staff is recommending no left turn egress onto Spring Road; ingress could be accommodated for southbound traffic; and that the applicant should make the on site accommodations while the City negotiates with the apartment property owner for the easement. In response to Mayor Hunter, Mr. Hogan clarified that the applicant is conditioned to provide the City with an Irrevocable Offer of Dedication of an easement for reciprocal access to the adjacent residential site; and satisfies this condition by signing the agreement. Mr. Kueny further clarified that since this is not a public access, the agreement between the City and the apartment property owner would be a private agreement with covenants and easements between the two pieces of property; and the applicant would make the adjustments on site to accommodate the connection to the other side, in the event the easement is obtained. Councilmember Millhouse recommended the item be continued for redesign to move the buildings, allowing left -turn egress from the site onto Spring Road to facilitate alternatives for getting back to State Route 23. Mr. Newton stated that the applicant is willing to work with the restricted left turn egress; and at the time the improvements are made to Spring Road for left turn lanes and a median on Los Angeles Avenue is installed, the Council may hear from Blockbuster, StarBucks, McDonalds, and this applicant. Mr. Greene reported that at a meeting with the other property owners and Blockbuster and Starbucks representatives, opposition to the prohibition of left turn egress was expressed. He reiterated his position Minutes of the City Council Moorpark, California Paae 8 June 4, 2003 that restricted left turns from his property onto Spring Road will not be detrimental for his project and he would not be objecting to the condition. A discussion continued among the Councilmembers and staff regarding the various possibilities for improving the egress from the site, resulting in the majority opinion to prohibit left -turn egress at Spring Road. A discussion followed among the Councilmembers and staff regarding the disparity in the percentage the applicant is paying for the air quality mitigation fee compared to those paid by McDonald's and Blockbuster. Mr. Hogan assured the Council that the fee calculation resulted from the current Air Quality Management District formula, which is the same used on two recent Council approvals for the M &M facility and the Cypress Land Development. CONSENSUS: It was the consensus of the Council to remain consistent in calculating the air quality mitigation fee and to charge this applicant accordingly. A discussion followed among the Councilmembers and staff regarding the courtyard design, specifically the faux second story elevations and enhancement to the trellis feature to create a more substantial focal point; the internal circulation and alternatives for removing congestion at Starbucks and Blockbuster; the provision for pedestrian pathways; overflow parking; whether any parking spaces will be restricted for reciprocal use; and the right tenant mix having positive impacts on reciprocal parking. Mr. Greene stated that to make sure that the tenants are successful, there are no restrictions on parking anticipated, but modifications to leaseholder agreements may include some adjustments as situations unfold and he would prefer to remain flexible. He further stated that reciprocal parking between all three properties is beneficial. In response to Mayor Hunter's concerns regarding the trash container, Mr. Hogan stated that the site could accommodate moving it further to the west behind the Minutes of the City Council Moorpark, California Page 9 June 4, 2003 units and to add landscaping to shield it from public view. In response to Councilmember Parvin, Mr. Greene stated that the courtyard is anticipated to be the focal point for the entire center; staff concurred that the trellis treatment was appropriate; her request that stepping stones be added to the landscaped walkways is possible; however, he cautioned that the project has been conditioned to plant as much grass as possible (which stepping stones would displace) to provide the bio- filtration system needed to comply with NPDES requirements. In response to Councilmember Mikos, Mr. Hogan stated that staff will be working with the landscape architect on the selection of trees for the site; there is no intent to replace trees already on site; and the city's Landscape Guidelines have been reviewed with the consultant and will be presented to the Council for approval in the near future. In response to Councilmember Harper's comments regarding the lack of articulation on the elevations, Mr. Greene stated that the project has undergone seven months of revisions in regard to embellishments to the architectural detail; staff has recommended that the project blend in with the two existing buildings; and faux second story elements replace actual second story units due to parking requirements. In response to Councilmember Harper, Mr. Hogan described some of the changes made to the elevations to enhance the articulation and concurred that two - story structures would not be feasible due to the parking limitations. In response to Councilmember Parvin, Mr. Hogan stated that staff will work with the applicant to achieve a more substantial look for the trellis location. Mayor Hunter closed the public hearing. MOTION: Councilmember Millhouse moved to: 1) Adopt the proposed Negative Declaration as sufficient environmental documentation; and 2) Adopt Resolution No. 2003 -2091 approving Commercial Planned Development Permit No. 2002- Minutes of the City Council Moorpark, California Page 10 June 4, 2003 O1, as amended to eliminate Condition No. 16 requiring reconfiguration of the driveway and provide for left turn ingress into the project from Spring Road. There was no second. Councilmember Harper clarified that the alternative driveway configuration suggested by Mr. Kueny would serve the project better. Mr. Hogan reiterated that proposal, which would leave Condition No. 16 in place and give credit to the applicant toward the LA -AOC fee. Councilmember Parvin asked that her recommendations for enhancing the visual impact of the trellis location also be added to the conditions. Mayor Hunter concurred and asked that all the Council's recommendations be included in the motion. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to: 1) Adopt the proposed Negative Declaration as sufficient environmental documentation; and 2) Adopt Resolution No. 2003 -2091 approving Commercial Planned Development Permit No. 2002 -01, as amended to give credit to the applicant towards LA -AOC fees for the cost of reconfiguring the driveway; allow southbound left turn ingress from Spring Road; modify the trellis element to create a more substantial focal point; install stepping stones in the landscaping to create a walkway; and move the trash container located at the northeast corner of the site further west behind the units and provide landscape to shield it from public view. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, Mayor Hunter declared a recess. The time was 8:50 p.m. The meeting reconvened at 9:10 p.m. B. Consider Final Review and Changes to the Engineer's Report for Landscaping and Lighting Maintenance Assessment Districts and Adoption of a Resolution Confirming the Assessments for Fiscal Year 2003/2004. Staff Recommendation: 1) Adopt Resolution 2003 -2092; 2) Direct staff that, for certain Zones /Districts, the amount of the assessment to be levied upon the affected properties shall be a reduced amount as generally set forth in Section K of the agenda report; and 3) Direct staff to present to the City Council in Minutes of the City Council Moorpark, California Paae 11 June 4, 2003 November, 2003, a Resolution amending the Fiscal Year 2003/2004 Budget to fund certain Fund transfers necessary to eliminate actual FY 2002/2003 year -end Fund deficits for the Assessment District Funds. ROLL CALL VOTE REQUIRED Mr. Gilbert gave the staff report. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to: 1) Adopt Resolution 2003 -2092; 2) Direct staff that, for certain Zones /Districts, the amount of the assessment to be levied upon the affected properties shall be a reduced amount as generally set forth in Section K of the agenda report; and 3) Direct staff to present to the City Council in November, 2003, a Resolution amending the Fiscal Year 2003/2004 Budget to fund certain Fund transfers necessary to eliminate actual FY 2002/2003 year -end Fund deficits for the Assessment District Funds. The motion carried by unanimous roll call vote. C. Consider Resolution Approving the Final Assessment Engineer's Report for the Parks and Recreation Maintenance and Improvement Assessment District and Confirming the Levy Amount for Fiscal Year 2003/2004. Staff Recommendation: 1) Open the public hearing, receive testimony, and close the public hearing; 2) Approve the Engineer's Report; and 3) Adopt Resolution No. 2003 -2093. Ms. Lindley gave the staff report. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Mayor Hunter closed the public hearing. Minutes of the City Council Moorpark, California Page 12 June 4, 2003 MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to: 1) Approve the Engineer's Report; and 2) Adopt Resolution No. 2003 -2093. The motion carried by unanimous voice vote. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Resolution to Change the Name of Los Angeles Avenue Between the Present East End of High Street and the Route 118 Freeway to High Street. Staff Recommendation: Adopt Resolution No. 2003- , changing the street name with said action to become effective on May 1, 2004. Mr. Gilbert gave the staff report. In response to questions from Council, Mr. Gilbert stated that the street numbers would not change; there has been no other correspondence received other than the original letter from Kavlico Corporation; and those impacted by the name change have not been consulted regarding the May 1, 2004, implementation date. Councilmember Harper stated that as a member on the Transportation and Streets Committee, he supports the name change for safety reasons, as it has proved to be confusing for emergency response vehicles to have two Los Angeles Avenues. Councilmember Millhouse stated that as a member on the Transportation and Streets Committee, he has no further comments to add to the recommendation to move forward with the name change; however, he did want the Council to consider a different time frame for implementation, possibly to coincide with the next publication of the Thomas Brothers Guide. Christine May, a Moorpark resident affected by the street name change, spoke in opposition, citing the impacts to residents who will have to change their address on medical records, credit cards, etc. She stated that if a name change is approved, she would prefer Princeton Avenue, which is already the name of the off -ramp on the State Route 118 freeway; High Street should not be an option since it will cause Minutes of the City Council Moorpark, California Page 13 June 4, 2003 confusion for those exiting the freeway expecting to see the old part of town; or perhaps it could be called East High Street. John Newton, representing Kavlico Corporation, 165 High Street, Suite 103, Moorpark, spoke in opposition to the name change stating that this issue has existed for a long time; there has never been a direct route through town; the township of Moorpark has three -digit addresses, while the rest of town has five - digits; a High Street off -ramp will mislead people and it would be better to post historic signs to direct people to High Street; New Los Angeles Avenue seems to be the real problem, and perhaps it should be renamed Moorpark Economic Center Drive to identify the new commercial center where Target, Kohls and Cypress Land Company are to be located. He further stated that Kavlico represents over 1,400 employees; the city of Moorpark needs to help businesses not hinder their operations; and Kavlico has been a good contributor to the community, supporting the Boys and Girls Club with a $50,000 donation and contributions to Moorpark College and the Moorpark Unified School District. Bruce Tackman, President of Kavlico Corporation, 14501 Los Angeles Avenue, Moorpark, spoke in opposition to the name change, stating that changing the address on all business records would be a difficult task as they have over 1,400 employees; worldwide business relationships in over 47 countries; deal with 35,000 different contacts, suppliers and customers; and their cost for advertising in various languages is over a million dollars a year. Mr. Tackman asked the Council, in addition to the comments stated in his letter of May 7, 2003, to explore all other options before making a name change. A discussion followed among the Council and staff regarding the need to remove emergency response confusion to the four separate Los Angeles Avenues for safety reasons; the need for improved access and identification for High Street; the possibility of referencing High Street on the existing Caltrans freeway signage; posting a separate sign on the freeway for "Historical High Street "; considering a different name for New Los Angeles Avenue; and whether an implementation date of May 1, 2004, does not allow Minutes of the City Council Moorpark, California Page 14 June 4, 2003 enough time for those affected to make all of the necessary address changes. In response to Council, Mr. Kueny stated that Caltrans has already turned down a request to post signage for "Historical High Street" or to add High Street to an overhead freeway sign. Councilmember Harper stated that public safety is the biggest concern and at some point the city must address this issue. He went on to state that a one year lead -time for changing addresses should be sufficient. In response to Councilmember Mikos, Mr. Gilbert stated that the City of Simi Valley has not yet responded regarding a meeting to discuss changing the name of Los Angeles Avenue in Simi Valley. In response to Councilmember Parvin, Mr. Tackman stated he would need time to perform a feasibility study to determine the administrative costs and time it would take to change the company address. Councilmember Harper concurred with Councilmember Mikos' suggestion for a postponement to allow time to hear from Kavlico. In response to Councilmember Mikos, Mr. Kueny stated that staff can research how many addresses would be affected by a change to East Los Angeles Avenue and West Los Angeles Avenue along with a new name for New Los Angeles Avenue. He further stated that there is no future benefit for staff to spend additional time on this matter and asked the Council to set a date certain for this item to return. Mayor Hunter stated he did not want this item to return until Council is ready to make a decision. CONSENSUS: It was the consensus of the Council to remove this item from the calendar and reintroduce it when staff has sufficient information from Kavlico. B. Consider the Proposals for Geographic Information System (GIS) to Provide Computer Based Mapping and Data. Staff Recommendation: Accept the proposal from Minutes of the City Council Moorpark, California Page 15 June 4, 2003 Geographic Data and Management Solutions in the amount of $26,713.69 to develop a Geographic Information System for the City. CONSENSUS: It was the consensus of the Council to continue this item to July 2, 2003. AT THIS POINT in the meeting, Item 9.C. was deferred to be heard when staff was available. D. Consider Communit Recommendation: amending the FY transfers in the identified Funds ROLL CALL VOTE RE( y Development Fund Transfers. Staff Adopt Resolution No. 2003 -2094 2002/03 Budget to appropriate fund amount of $300,000 from the various to the Community Development Fund. )UIRED Ms. Borchard gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2003 -2094 amending the FY 2002/03 Budget to appropriate fund transfers in the amount of $300,000 from the various identified Funds to the Community Development Fund. The motion carried by unanimous roll call vote. AT THIS POINT in the meeting, staff was available for Item 9.C. to be heard. C. Consider Approving a Name Change for the Moorpark Senior Center to Moorpark Active Adult Center. Staff Recommendation: Approve the name change. Mr. Hartnett gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to approve the name change for the Moorpark Senior Center to Moorpark Active Adult Center. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 16 June 4, 2003 AT THIS POINT in the meeting, Mr. Kueny asked that Item 9.E. be tabled until after closed session. CONSENSUS: It was the consensus of the Council to table Item 9.E. until after closed session. F. Consider Mission Statement, Priorities, Goals and Objectives for Fiscal Year 2003/2004. Consider the priorities, goals and objectives. Mr. Kueny stated that most of the items in the staff report have previously been considered with the budget and in February's meeting of the previous year's status report. He recommended replacing Item No. 7. on the Top 10 Priorities list, the Construction of Phase II of Arroyo Vista Community Park, since it is near completion, with a new priority for Construction of the Moorpark Human Services Complex. In response to Councilmember Mikos' request that Potential Objectives No. 8 and No. 12 on Stamped Page 169 be added to the Departmental Goals and Objectives, Mr. Kueny stated this could be accomplished if Council so directed. CONSENSUS: It was the consensus of the Council to add to Departmental Goals and Objectives, Potential Objective No. 8, dealing with the taping of monthly announcements of upcoming city- sponsored activities for replay on the City Government Channel, and Potential Objective No. 12, dealing with the development of an inventory of natural open space properties owned by City and Homeowners Associations and other privately owned property restricted by conservation easement or other development condition or limitation. In response to Councilmember Mikos' request that Potential Objective No. 43. on Stamped Page 171 concerning former Councilmember Wozniak's request to establish a Civic Hall of Fame to recognize city enhancement efforts by individuals and organizations, be moved to the Departmental Goals and Objectives, Councilmember Harper suggested incorporating this as an objective to be accomplished as part of the City Hall project. Minutes of the City Council Moorpark, California Page 17 June 4, 2003 CONSENSUS: It was the consensus of the Council to incorporate the Civic Hall of Fame as an objective to be accomplished as part of the City Hall project. In response to Councilmember Mikos' request to have improvements to East Los Angeles Avenue added to the existing Top 10 Priority No. 4 for the Widening of Los Angeles Avenue /New Los Angeles Avenue, Councilmember Harper concurred, as long as it would be named High Street and Councilmember Parvin agreed with moving forward with the improvements for pedestrian and bicyclist safety. It was the majority opinion of the Council to add improvements to East Los Angeles Avenue to Top 10 Priority No. 4 for the Widening of Los Angeles Avenue /New Los Angeles Avenue. In response to Councilmember Mikos' request to delete College View Park from Departmental Goals and Objectives F.22 on Stamped Page 186 for construction of a canine park, Councilmember Parvin asked Ms. Lindley to discuss other sites with the Parks and Recreation Commission to identify a location that is not frequented by the public since biting, barking dogs and people do not mix. Councilmember Harper recommended that F.22 be modified to say "construct a canine park ". CONSENSUS: It was the consensus of the Council to modify Departmental Goals and Objectives F.22. to read "Construct a canine park." Councilmember Mikos stated that the deadline of June 30th for completing the update to the OSCAR Element in Departmental Goals and Objectives G.4. on Stamped Page 186, may not be an accurate date due to the North Park situation. CONSENSUS: It was the consensus of the Council to eliminate the date from Departmental Goals and Objectives G.4. A discussion followed regarding Councilmember Mikos' request to add "potential voter consideration" to Departmental Goal and Objective G.20. and it was the Minutes of the City Council Moorpark, California Page 18 June 4, 2003 majority opinion that it would not be beneficial as it would create more confusion than clarification. In response to Councilmember Mikos' suggestion that it would be beneficial to the public if each Objective also included some kind of reference to the Top 10 Priorities and that the Top 10 Priorities list indicate that the list is not necessarily in priority order, Mr. Kueny stated that staff could supply a cross reference and a statement that the listed items have equal priority. In response to Councilmember Harper's request that Potential Objective No. 50. on Stamped Page 172 for construction of a restroom at Glenwood Park be moved to the Departmental Goals and Objectives list, Mr. Kueny stated that it is not a funded item and Council would have to direct that it be added to the budget. CONSENSUS: It was the consensus of the Council to add funding for construction of a restroom at Glenwood Park to the budget. Councilmember Millhouse requested that Potential Objective No. 36. on Stamped Page 171 regarding the installation of landscaping and decorative pavement at Tierra Rejada Road /SR -23 ramps, be moved to the Departmental Goals and Objectives list since there is potential for obtaining funds from the Ventura County Transportation Commission and /or Caltrans. He stated that it would be unfortunate to be precluded from going after those funds just because the item was not on the list. CONSENSUS: It was the consensus of the Council to place Potential Objective No. 36. on the Departmental Goals and Objectives list. In response to Councilmember Millhouse's request to include Tierra Rejada Road from Spring Road to the easterly city limits in the Departmental Goal and Objective G.24., regarding the establishment of an Underground Utility District, Mr. Kueny stated that funding would not be available; however, it could be added to the list of Potential Objectives. Minutes of the City Council Moorpark, California Page 19 June 4, 2003 In response to Councilmember Millhouse's request to pursue Councilmember Harper's suggestion to add decorative lighting on High Street, as noted in Potential Objective No. 3. on Stamped Page 168, Mr. Kueny stated that it could be added to Departmental Goals and Objectives and come back as an adjustment to the budget at mid -year. Mr. Kueny discussed additional changes including: 1) the prior Council direction regarding a truck ban on Los Angeles Avenue in Top 10 Priority No. 5. would need to be replaced with a new priority to establish a permanent truck scale facility west of the City; 2) the removal of Departmental Goal and Objective C.5., which also concerns the truck ban; 3) modification of Departmental Goal and Objective F.14. to include future utilization and focus of the current 5th Grade D.A.R.E. position; 4) the addition of the two budgeted radar speed display signs to Departmental Goals and Objectives; and 5) the addition for improving security at the Metrolink station by including the evaluation of surveillance cameras and extension of the south wall. Mr. Kueny stated that Councilmember Harper's suggestion for installing red light cameras has been determined not to be allowed by Caltrans and, therefore, it is recommended that this goal not be pursued. In response to Mayor Hunter Ms. Traffenstedt stated that there were no speakers. Mr. Kueny stated that he would incorporate the changes and return this item on the Consent Calendar on a future agenda. CONSENSUS: It was the consensus of the Council that this item return on Consent with the changes discussed. G. Consider Revision to Rules of Procedure for Council Meetings to Change Regular City Council Meeting Start Time from 6:30 p.m. to 7:00 p.m. Staff Recommendation: Direct staff as deemed appropriate. Mayor Hunter stated that originally, the Council meetings started at 7:00 p.m. and he is requesting a return to that policy to allow more time for members Minutes of the City Council Moorpark, California Page 20 June 4, 2003 to eat dinner before arriving for the meeting and to allow the public hearings to start on time. Councilmember Mikos stated that this would also allow more time for discussion in Closed Session hearings. In response to Mayor Hunter Ms. Traffenstedt stated that there were no speakers. CONSENSUS: It was the consensus of the Council to have a Resolution return to Council for approval of a new start time of 7:00 p.m. to become effective on August 20, 2003. 10. CONSENT CALENDAR: MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of Item 10.K., which was heard earlier in the meeting and Item 10.A., which was pulled for individual consideration. The motion carried by unanimous roll call vote. B. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - June 4, 2003. Manual Warrants Voided Warrant Payroll Liability Warrants 112730 - 112731 & $ 34,100.00 111853 & 112185 $ (846.00) 112957 112877 - 112881 $ 2,552.49 Regular Warrants 112882 - 112952 & $ 21,006.94 112953 - 112979 $ 428,067.52 Staff Recommendation: Approve the warrant register. C. Consider Resolution Amending the Fiscal Year 2002/2003 Budget to Change the Funding Source for City Costs Related to the City /County Data Sharing Agreement for Hydrology and Related Data Required for the Management of the Calleguas Creek Watershed Staff Recommendation: Adopt Resolution No. 2003 -2095 changing the funding source for the subject effort from the Community Development Fund to the General Fund Reserve. ROLL CALL VOTE REQUIRED Minutes of the City Council Moorpark, California Paae 21 June 4, 2003 D. Consider Award of Contract to Sunridae Landscape and Venco Western for Landscape Maintenance Services. Staff Recommendation: Award the contract for landscape maintenance services and authorize the City Manager to execute the agreements on behalf of the City. E. Consider One -Year Extension of the City's Tree Maintenance Agreement with West Coast Arborist. Staff Recommendation: Authorize staff to extend the agreement through June 30, 2004, with existing service fees. F. Consider Renewal of Agreement with Kelly Cleaning & Supply Company. Staff Recommendation: Approve the renewal of the agreement for janitorial services. G. Consider Contract Extension with Durham Transportation for Summer Beach Bus and County Fair Bus Programs. Staff Recommendation: Approve a one -year extension of Durham Transportation Agreement. H. Consider Adoption of a Resolution of Intent Directing the Planning Commission to Study, Hold a Public Hearing and Provide a Recommendation on a Zoning Ordinance Amendment to Amend Title 17 and to Delete Chapter 5.88 of the Moorpark Municipal Code Relatin to Home Occupations. Staff Recommendation: Adopt Resolution 2003 -2096. I. Consider Resolution Approving an Agreement by and Among the City of Moorpark, Moorpark Redevelopment Agency, and TR Partners, LLC, for the Agency's Purchase and Resale of One Dwelling Unit in Residential Planned Development (RPD) 99 -1, Tentative Tract (TT) 5181 to a Low Income Family at an Affordable Housing Cost. Staff Recommendation: 1) Approve Resolution No. 2003 -2097; and 2) Direct the City Manager, on behalf of the City, to execute Purchase and Sale Agreement, subject to final language approval by the City Manager and City Attorney. J. Consider Final Map Approval for Tract Map No. 5181. Staff Recommendation: If the Affordable Housing Agreement for Tract No. 5181 is approved, authorize the Mayor and City Clerk to sign and the City Clerk to Minutes of the City Council Moorpark, California Paqe 22 June 4, 2003 cause Tract Map 5181 to be recorded in the office of the Ventura County Recorder. L. Consider an Early Grading Permit for Tentative Tract Map No. 5307 for the Approved 25 -Lot Single- Family Residential Subdivision Located at the Northwest Corner of Millard Street and Los Angeles Avenue, on the Application of Colmer Development Company. Staff Recommendation: Authorize the City Manager to sign an Early Grading Agreement subject to his final language approval The following item was pulled for individual consideration: A. Consider Approval of Minutes of Regular Meeting of April 2, 2003. Staff Recommendation: Approve the minutes. Councilmember Mikos stated that she and Councilmember Harper had not been not in favor of the operation hours indicated in the minutes on Stamped page 205 of the agenda report and she did not want residents of the Campus Park area to think she had been a part of that decision. Mr. Kueny stated that the minutes could be amended to indicate it was the "majority opinion" that the hours of operation for the entire center be 5:00 a.m. to midnight. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to approve the minutes of April 2, 2003, as amended. The motion carried by unanimous voice vote. 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Kueny requested that the City Council go into closed session for one case under Item 12.A., three cases under Item 12.B., and Items 12.C., 12,D. and 12.E. Minutes of the City Council Moorpark, California PaQe 23 June 4, 2003 Mr. Montes announced that concerning Item 12.A., the facts and circumstances creating significant exposure to litigation, which facts and circumstances are know to potential plaintiffs, consist of delays associated with the issuance of grading permits for Tract 5133. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to adjourn to closed session for a discussion of one case under Item 12.A., three cases under Item 12.B., and Items 12.C., 12,D. and 12.E. on the agenda. The motion carried by unanimous voice vote. The time was 10:38 p.m. 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) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) C. 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 D. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Unrepresented employees: Accountant I, Administrative Services Director, Assistant City Manager, Assistant to City Manager /City Clerk, Budget and Finance Manager, Community Development Director, Community Services Director, Information Systems Manager, Planning Manager, Principal Planner, Public Works Director, Recreation Manager, and Senior Management Analyst. E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, Assistant to City Manager /City Clerk, City Manager, City Attorney, City Engineer, Chief of Police, Administrative Services Director, Community Development Director, Community Services Director, and Public Works Director. Minutes of the City Council Moorpark, California Page 24 Present in closed session were Mikos, Millhouse, Parvin, and Mayo City Manager; Joseph Montes, City Assistant City Manager; and Deborah to City Manager /City Clerk. June 4, 2003 Councilmembers Harper, Hunter; Steven Kueny, Attorney; Hugh Riley, Traffenstedt, Assistant The Council reconvened into open session at 11:35 p.m. Mr. Kueny stated that Items 12.A. (one case), 12.B. (three cases), 12.C., 12.D. and 12.E. were discussed and that there was no action to report. AT THIS POINT in the meeting, the Council heard Item 9.E. E. Consider Resolution of Intention to Amend the Contract between the Board of Administration of the California Public Employees' Retirement System (CalPERS) and the City of Moorpark and First Reading of an Ordinance Authorizing an Amendment to the Contract between the City and the Board of Administration of CalPERS. Staff Recommendation: 1) Adopt Resolution of Intention No. 2003 -2098; 2) Waive full reading and introduce Ordinance No. 294 for first reading; and 3) Direct that second reading of Ordinance No. 294, authorizing the amendment to the contract, shall occur on July 2, 2003. Ms. Traffenstedt gave the staff report. She verbally stated that the Council's approval would include direction to staff to provide certification to CalPERS that only the Secretary II position in the Community Development Department was eligible to receive two years additional service credit, pursuant to Section 20903 of the Government Code, if retirement occurred during the designated window period of August 4, 2003, through January 30, 2004. She also stated that the revised cost estimate for the one position was approximately $20,000. In response to Mayor Hunter Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to Adopt Resolution of Intention No. 2003 -2098 and to authorize completion of the required CalPERS certification forms. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 25 June 4, 2003 Ms. Traffenstedt read the title of Ordinance No. 294. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded the motion to waive full reading of Ordinance No. 294. The motion carried by unanimous voice vote. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded the motion to introduce Ordinance No. 294 for first reading; and directed staff that the second reading of Ordinance No. 294, authorizing the amendment to the contract shall occur on July 2, 2003. The motion carried by unanimous voice vote. 13. ADJOURNMENT: Mayor Hunter adjourned the ATTEST: Deborah S. TraffenstbVt City Clerk