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HomeMy WebLinkAboutMIN 2003 1217 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California December 17, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on December 17, 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 7:17 p.m. 2. PLEDGE OF ALLEGIANCE: Captain Richard Diaz, Sheriff's Department, 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; Kenneth Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Cynthia Borchard, Administrative Services Director; Brad Miller, City Engineer; Walter Brown, Assistant City Engineer; Captain Richard Diaz, Sheriff's Department; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. City Manager's Monthly Report Mr. Kueny gave the monthly report on behalf of Hugh Riley, Assistant City Manager. Mr. Kueny summarized accomplishments including the upcoming ground- breaking in January 2004 of the Police Services Center, which should be completed and ready for use in the first quarter of 2005; the addition of one Low Income and six Affordable Housing units ready for occupancy by July 2005; continuing follow -up to the Simi Fire incident in meetings with the Federal Emergency Management Agency and Office of Emergency Services Minutes of the City Council Moorpark, California Page 2 December 17, 2003 staff; and the finalization of requirements to enable CDBG funds to be used to purchase a portion of land acquired with the Police Services Center site for construction of a Human Services Complex. 5. PUBLIC COMMENT: Will Whitaker, a Moorpark resident, stated Mr. John Weaver would speak on his behalf in regard to health and safety issues in the community. John Weaver, a Home Acres resident, expressed concerns regarding safety hazards created by the locked gates at Shadyridge Drive; and asked that the Buffer -Zone Gate Policy be re- visited to allow the Sheriff or California Highway Patrol personnel to open the gate during emergencies. Mayor Hunter asked staff to provide the Council with information regarding this policy as a Box Item; and stated the Council cannot take any action on this matter at this time since it is not on the agenda. Councilmember Harper stated the access was originally designed to be open at all times; however, due to concerns from residents of Home Acres that their community would be used as an access to State Route 118 by Moorpark residents, the buffer -zone was created; and now may be the time to re- evaluate the need for gates since the residents of Home Acres can now see the benefits of free access. Gerald Goldstein, a Moorpark resident, spoke about the history of Home Acres; the flag salute; and the relocation of the fire house to High Street where emergency vehicles access would be restricted when functions such as the Country Days Parade block off High Street. AT THIS POINT in the meeting the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:34 p.m. The meeting reconvened at 7:35 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. Minutes of the City Council Moorpark, California Page 3 December 17, 2003 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos announced a hike will be conducted on December 20, 2003, to provide an introduction to Fire Ecology and Recovery in Happy Camp Canyon Regional Park Councilmember Mikos announced a preliminary Federal Emergency Management Agency (FEMA) map depicting neighborhoods which may be affected by possible flooding in the aftermath of the recent fires, will be on the City's website for the public to use in making a decision on whether or not to purchase flood insurance. 8. PUBLIC HEARING: A. Consider General Plan Amendment No. 98 -01, Zone Change No. 98 -01, Vesting Tentative Tract Map No. 5130, and Residential Planned Development Permit No. 98 -02 for the Construction of One Hundred Ten (110) Houses on Approximately 72.0 Acres on the East Side of Walnut Canyon Road, South of and Immediately Adjacent to the Ventura County Water and Sanitation Services Division Facility, on the Application of Moorpark 150, LLC (SunCal Companies). (Continued public hearing open from November 19, 2003) Staff Recommendation: 1) Accept public testimony, and close the public hearing; 2) Adopt Resolution No. 2003 -2149, adopting the Mitigated Negative Declaration and approving General Plan Amendment No. 98 -01; 3) Adopt Resolution No. 2003 -2150, approving Tentative Tract Map No. 5130, and Residential Planned Development Permit No. 98 -02 subject to Conditions of Approval; and 4) Introduce Ordinance No. 298 for first reading to amend the zoning of the project site, and set January 7, 2004, for second reading. Mr. Hogan gave the staff report and stated staff has made adjustments to the Conditions of Approval as directed by Council on November 19, 2003. In response to Council questions, Mr. Hogan stated to avoid potential mold problems, installation of vents in boxed eaves can be made a requirement for the project; additional fire protections are a part of the building code requirements; the fuel modification zone requirement in Ventura County is 100 -feet and is Minutes of the City Council Moorpark, California Paae 4 December 17, 2003 adjusted in steep areas where clearing is impossible; areas near detention and debris basins would probably require a 100 -foot clearing to be maintained by the Homeowners' Association; the fire break on the Walnut Canyon side has decorative landscaping as fuel modification; the primary access to the property would be from the extension of Spring Road, which would have to be constructed prior to first occupancy; incoming pedestrian access is restricted to property owners within the gated community who have access via a combination, key, or use of the phone; staff does have the authority under the requirements of the Planned Development Permit, to make adjustments to the project, which are non - substantial in nature; major changes to the architectural style of the project would have to come back to Council as a Modification; and staff could draft a new standard condition dealing with fire related issues. Mayor Hunter opened the public hearing. Ed Pickett, 1123 Via Colinas, Westlake Village, representing SunCal Companies, addressed the issue regarding fire retardant architecture, particularly for the Craftsman style elevation. He stated the project architect plans to change the fascia design, stucco under the eaves, and use heavier timber extensions, which would be slower to burn; the potential for mold in the boxed -in eaves can be addressed by the addition of vents; and they are willing to work with staff regarding arrangements for the locked gate. In response to Mayor Hunter, Mr. Pickett stated he had reviewed and concurs with the new and revised conditions. Tony Banducci, a Moorpark resident, reiterated his remarks from November 19, 2003, and emphasized his concerns regarding increased commercial traffic; infrastructure that cannot support this development; safety hazards of only one exit from this community; and liability issues of the slope and water feature. He urged the Council to oppose this development until infrastructure is in place and there is more than one ingress /egress for the tract. Minutes of the City Council Moorpark, California Paae 5 December 17, 2003 In response to Mayor Hunter, Mr. Kueny provided a history on the zoning of this project area. He stated in 1992, during the General Plan Update, this property was given a Specific Plan designation with a range from 154 units up to 231 units, along with allowing a very high density on a portion of the site for an apartment or condominium complex; the then City Attorney counseled staff not to take all uses of that property away from the owner during the time a Specific Plan might be processed; therefore, staff left in place the then zoning of one unit per five acres as an overlay zone; now, 14 years later, staff is working through the process with this owner; a prior representative negotiated with the City Council and agreed, in lieu of a Specific Plan, to reduce the density down to 107 units and consented to a Development Agreement; and finally, when property was acquired at the northeast corner of the site to allow for the construction of the North Hills Parkway, the City Council Ad Hoc committee, working with staff, recommended allowing for 3 more units to justify the cost of building the road, which brings us to the current proposal of 110 units. In response to Councilmember Mikos, Mr. Hogan stated there is a private trail proposed for this project, which travels down to the detention basin without accessing the habitat conservation area; there will be another trail within the Pardee project to ultimately connect to a multipurpose trail; and a private, internal, passive recreation area is proposed for this project. In response to Mayor Hunter and Councilmember Harper, Mr. Kueny stated he is comfortable staff will work with the applicant to finalize language to address modifications to the architecture for fire safety, mold prevention; and for the placement of particular units to the interior of the project. Mr. Pickett stated they will work with staff to shift certain craftman style houses to the interior of the project; add construction detailing for fire prevention; and as required by the Ventura County Fire Protection District, and install internal sprinkler systems in the units. Minutes of the City Council Moorpark, California Page 6 December 17, 2003 Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to: 1) Adopt Resolution No. 2003- 2149, adopting the Mitigated Negative Declaration and approving General Plan Amendment No. 98 -01; 2) Adopt Resolution No. 2003 -2150, approving Tentative Tract Map No. 5130, and Residential Planned Development Permit No. 98 -02 subject to Conditions of Approval, as amended; and 3) Introduce Ordinance No. 298 for first reading to amend the zoning of the project site, and set January 21, 2004, for second reading. Councilmember Mikos stated even though the project elevations are nice and the applicant has done a nice job, she could not support a gated community, especially downtown, and with no public trails. In response to Councilmember Millhouse, Mr. Kueny stated the access to Walnut Canyon Road was changed and will be graded only in the event Caltrans makes it into an expressway or freeway; and Wicks Road will be used for emergency ingress /egress only. In response to Councilmember Millhouse, Mr. Hogan stated a Traffic Impact Study was conducted for this project; the project is paying Traffic Mitigation Fees to be used within the City; the low income units will be located offsite, which complies with State law; and residential lot sizes are larger than those in Peach Hill and the Campus Park area. In response to Mayor Hunter, Mr. Kueny stated the low income housing component is consistent with this City's past practices; the city of Moorpark is on the forefront of providing affordable housing; and this applicant's project exceeds what is required by State law. Councilmember Millhouse requested the pedestrian access be left open. The motion carried by voice vote 4 -1, with Councilmember Mikos dissenting. Mr. Montes read the title of Ordinance No. 298. Minutes of the City Council Moorpark, California Page 7 December 17, 2003 MOTION: Councilmember Parvin moved and Councilmember Millhouse seconded a motion to waive further reading of Ordinance No. 298 and declare Ordinance No. 298 introduced for first reading. The motion carried by voice vote 4 -1, with Councilmember Mikos dissenting. B. Consider Proposed Development Aareement for Vestin Tentative Tract Map No. 5130 (SunCal /Moorpark 150, LLC). Staff Recommendation: 1) Open the public hearing, take public testimony, and close the public hearing; and 2) Introduce Ordinance No. 299 for first reading approving the Development Agreement between the City of Moorpark and Moorpark 150, LLC. Mr. Kueny gave the staff report. He highlighted changes from prior drafts, which were provided in legislative format. Mayor Hunter opened the public hearing. Ed Pickett, 1123 Via Colinas, Westlake Village, representing SunCal Companies, stated the applicant concurs with the language as modified in the Development Agreement. Mayor Hunter closed the public hearing. Mr. Montes read the title of Ordinance No. 299. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive further reading and declare Ordinance No. 299, as amended, read for the first time. The motion carried by unanimous voice vote. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Police Services Center: 1) Approval of Project Plans and Specifications; 2) Finding the Bid Submitted by Turner Construction to be Non - responsive; 3) Awarding the Construction Contract to Viola Constructors, Inc.; 4) Approving Additional Design Costs; 5) Authorizing Staff to Retain Various Consultant Construction Engineering Services; and 6) Adoption of Resolution Amending the Budaet for the Project. (Continued from December 3, 2003) Staff Recommendation: 1) Approve the project plans and specifications; 2) Approve a construction contingency Minutes of the City Council Moorpark, California Page 8 December 17, 2003 for the project in the amount of ten percent (10%) of the bid amount; 3) Authorize the City Manager to execute contract documents for required construction engineering services for geotechnical services, materials testing services, and construction surveying, as generally defined and described in the agenda report; 4) Approve the increase in the Architect fees and charges as described in the agenda report; 5) Adopt Resolution No. 2003 -2151, amending the Budget for the project; 6) Find the bid submitted by Turner Construction to be non - responsive; and 7) Approve the award of a construction contract for the project to Viola Constructors, Inc. in the amount of $7,248,000. ROLL CALL VOTE REQUIRED Mr. Gilbert gave the staff report. He stated the bid documents include a deduct - alternative for the deletion of $16,000 if the City chooses to accept the use of standard tile rather than recycled glass; and it is staff's recommendation that Council approve the contract amount with that $16,000 reduction for a total contract price of $7,232,000. In response to Mayor Hunter, Mr. Gilbert stated Turner Construction did not respond to the City's correspondence. In response to Mayor Hunter, Mr. Montes stated he concurs with staff's action. In response to Mayor Hunter, Ms. Benson stated there were no speakers for this item. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to: 1) Approve the project plans and specifications; 2) Approve a construction contingency for the project in the amount of ten percent (100) of the bid amount; 3) Authorize the City Manager to execute contract documents for required construction engineering services for geotechnical services, materials testing services, and construction surveying, as generally defined and described in the agenda report; 4) Approve the increase in the Architect fees and charges as described in the agenda report; 5) Adopt Resolution No. 2003 -2151, amending the Budget for the project to include a reduction in the amount by $16,000 for changing to standard tile; 6) Find the bid submitted by Turner Construction to be non - responsive; and Minutes of the City Council Moorpark, California Page 9 December 17, 2003 7) Approve the award of a construction contract for the project to Viola Constructors, Inc. in the amount of $7,232,000.00. The motion carried by unanimous roll call vote. B. Consider Resolution Amending the Fiscal Year Budget to Establish a Project for the Replacement of Parkway Trees on the West Side of Spring Road South of Peach Hill Road. Staff Recommendation: Adopt Resolution No. 2003 -2152, and approve project Option 1 as described in the agenda report. ROLL CALL VOTE REQUIRED Mr. Gilbert gave the staff report. In response to Councilmember Parvin, Mr. Gilbert stated handling the problem in phases is only a suggestion; removing only half of the trees would still present a safety issue with the remaining half; staff has not received any opposition to the removal of the trees; staff did receive one phone call from a resident who would like all the trees removed as soon as possible; there have been no injuries caused by falling tree limbs or uplifted sidewalks; 10 -years ago, the original sidewalk repair project cost approximately $30,000; and in addition, the City has incurred extraordinary costs for grinding and repairs due to the tree roots. Councilmember Harper stated the Transportation and Streets Committee's opinion was that these trees should be removed; and the replacement Crape Myrtle trees will be more attractive. In response to Mayor Hunter, Ms. Benson stated there were no speakers for this item. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to 1) Adopt Resolution No. 2003- 2152; 2) Approve project Option 1; and 3) Require replacement trees to be 24 -inch box Crape Myrtle trees. The motion carried by unanimous roll call vote. C. Consider Draft Legislation Regarding Reorganization of the Ventura County Transportation Commission). Staff Recommendation: Direct staff as deemed appropriate. Minutes of the City Council Moorpark, California Page 10 December 17, 2003 Councilmember Millhouse gave the staff report. A discussion among the Councilmembers followed focusing on limited number of alternates in cases of emergencies; no restriction on who the non - elected County alternates could be; and the significance of a non - voting member who is a Division Director from Caltrans. Gerald Goldstein, a Moorpark resident, stated pedestrian travel is dangerous along Los Angeles Avenue near Maureen Lane where the Line 2 bus stop has been removed due to construction. He recommended extending the transportation hours to make attendance at late night government meetings possible or to allow phone -in or computer access to these meetings; inviting bus drivers to VCTC meetings to provide valuable input; suggested Councilmembers ride the bus; and offered to be appointed to the Commission. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to have the Mayor send a letter to the Ventura County Transportation Commission in support of the draft legislation. Councilmembers Mikos and Parvin stated for the record they had recently ridden on City buses. The motion carried by unanimous voice vote. D. Consider Permit Adjustment No. 2 to Commercial Planned Development No. 2001 -01 for Approval of Site Plan and Building Elevations for a 3,536 Square Foot Denny's Restaurant on Pad 4 of the Moorpark Marketplace, Located South of New Los Angeles Avenue, East of Miller Parkway and West of the SR -23 Freeway on the Application of Architectronix, Inc. ( Denny's Restaurant). Staff Recommendation: Direct staff to prepare a letter approving Permit Adjustment No. 2 to CPD 2001 -01 for the Denny's Restaurant site plan and building elevations. Mr. Hogan gave the staff report. In response to Council questions, Mr. Hogan stated signage for the project is depicted on the elevations and no monument sign or pylon signage is planned; an Minutes of the City Council Moorpark, California Page 11 December 17, 2003 8,000 square foot pad will be coming to Council for approval in the future; and at staff's recommendation, the applicant did not bring color renderings to the meeting, but the colors are consistent with the rest of the center. A discussion followed among the Councilmembers focusing on the lack of color renderings, especially depicting the service doors, landscaping, and outdoor patio area, making it impossible to visualize the project; lack of architectural detail; discomfort and disappointment with a previous approval for In `N Out Burger in regard to traffic circulation in this center; and the desire to study possibilities for better or additional signage to make sure this project is successful. In response to Councilmember Mikos, Mr. Hogan stated there would be no harm in delaying this project in order to provide the additional information. In response to Mayor Hunter, Ms. Benson stated there were no speakers for this item. CONSENSUS: It was the consensus of the Council to continue this time to January 21, 2004, to allow the applicant time to provide color exhibits and for staff to research signage. AT THIS POINT in the meeting, the Consent Calendar was taken out of order. 10. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of September 3, 2003. Consider Approval of Minutes of Regular Meeting of October 1, 2003. Consider Approval of Minutes of Regular Meeting of November 19, 2003. Minutes of the City Council Moorpark, California Page 12 December 17, 2003 Consider Approval of Minutes of Special Meeting of December 3, 2003. Consider Approval of Minutes of Regular Meeting of December 3, 2003. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - December 17, 2003. Manual Warrants Voided Warrant Payroll Liability Warrants 114708 - 114716 $ 45,179.23 114334 - 114335 $ (2,970.00) 114717 - 114721 $ 2,574.65 Regular Warrants 114722 - 114823 & $ 40,020.37 114824 - 114843 $783,697.67 Staff Recommendation: Approve the warrant register. C. Consider Report Titled "Accounting of Fund Information as Required by Section 66006 of the California Government Code for Fiscal Year 2002/2003 ". Staff Recommendation: Receive and file the report. D. Consider Resolution Amending the Fiscal Year 2003/04 Budget to Appropriate Funds for the Mountain Meadows Plaza Fountain. Staff Recommendation: 1) Adopt Resolution No. 2003 -2154, amending the FY 2003/04 budget by transferring $15,000 from Citywide Landscape and Lighting Assessment District (AD 84 -2) reserve balance (2300) to the Citywide Landscape Maintenance budget to purchase two benches and cover electrical costs associated with the Mountain Meadow Plaza fountain; and 2) Authorize the City Manager to execute an agreement regarding the Mountain Meadows Plaza fountain. ROLL CALL VOTE REQUIRED E. Consider Resolution Amending the Fiscal Year 2003/04 Budget to Fund: 1) Additional NPDES Permit Fees; 2) Additional Costs for Engineering Studies; and 3) Installation of a Bicycle Detection Device for the Traffic Sianal at Moorpark Road and Tierra Relada Road Minutes of the City Council Moorpark, California Page 13 December 17, 2003 Staff Recommendation: Adopt Resolution No. 2003 -2155. ROLL CALL VOTE REQUIRED F. Consider Adjustment to the Hourly Rates Charged for Engineering Services. Staff Recommendation: Approve a 2.2% increase to the rates charged for Engineering Services, effective retroactively to December 1, 2003. G. Consider Continuation of Local Emergency. Staff Recommendation: Continue the proclamation of a Local Emergency. H. Consider Resolution Revising List of Holidays to be Observed by the City and Rescinding Resolution No. 2001 -1852. Staff Recommendation: Adopt Resolution No. 2003 -2156. I. Consider Referral to the Planning Commission of Design Guidelines for Photovoltaic and Other Solar Energy Systems on New Construction and Existing Facilities within the City. Staff Recommendation: Refer the draft guidelines to the Planning Commission for review and subsequent recommendation to the City Council. J. Consider Final Map Approval for Tract Map No. 5307. Staff Recommendation: Authorize the Mayor and City Clerk to sign and the City Clerk to cause Tract Map 5307 to be recorded in the office of the Ventura County Recorder. K. Consider Approving an Agreement by and between the City of Moorpark and MOON DANCE -MOORPARK L.P. for the City's Purchase of Three Dwelling Units in Residential Planned Development No. 2001 -01, Tentative Tract No. 5307, Variance No. 2002 -01, and Resale of Units to Low Income Households at an Affordable Housing Cost. Staff Recommendation: Authorize the City Manager to execute Purchase and Sale Agreement and approve said Agreement, subject to final language approval by the City Manager and City Attorney. L. Consider Approval of Program Supplement Agreement No. 007 -M (Metrolink Landscape Project) to Administering Agency -State Agreement for Federal Aid Project No. 07- 931871. Staff Recommendation: Adopt Resolution No. 2003 -2157. Minutes of the City Council Moorpark, California Page 14 December 17, 2003 11. ORDINANCES: None. AT THIS POINT in the meeting, Item 9.E. was heard. 9. E. Consider Waiver of Building Permit Fees for Rebuilding of Homes Destroyed in the Simi Fire and Resolution Amending Fiscal Year 2003/04 Community Development Budget. Staff Recommendation: 1) Adopt Resolution No. 2003 -2153, amending the FY 2003/04 Community Development Budget, appropriating a maximum of $4,500 from the General Fund Reserve for waiver of building permit fees for the fire - rebuild homes referenced in the agenda report; and 2) Authorize staff to implement the fee waiver for building permits consistent with the agenda report. ROLL CALL VOTE REQUIRED Mr. Hogan gave the staff report. He commented in speaking with insurance agents he was made aware that if a home is insured, the building permit fees would be covered by the homeowner's policy. In response to Mayor Hunter, Ms. Benson stated that there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to Adopt Resolution No. 2003 -2153, amending the FY 2003/04 Community Development Budget, appropriating a maximum of $4,500.00 from the General Fund Reserve for waiver of building permit fees for the fire - rebuild homes referenced in the agenda report; and 2) Authorize staff to implement the fee waiver for building permits consistent with the agenda report. The motion carried by unanimous roll call vote. 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for Items 12.B. (four cases) and 12.D. on the agenda. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adjourn to closed session for a discussion of Items 12.B. (four cases) and 12.D. on the agenda. The motion carried by unanimous voice vote. The time was 8:53 p.m. Minutes of the City Council Moorpark, California Page 15 December 17, 2003 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) D. 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 Present in closed session were Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. Mr. Montes, Mr. Hogan, and Ms. Traffenstedt left the meeting at 9:25 p.m. The Council reconvened into open session at 11:02 p.m. Mr. Kueny stated that four cases under Item 12.B. and Item 12.D. were discussed and that there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjournec ATTEST: IDD . S, i f Deborah S. Traffenste City Clerk z v oxo 0 09 oQ V 9rE, Jv