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HomeMy WebLinkAboutMIN 2004 0602 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California June 2, 2004 A Regular Meeting of the City Council of the City of Moorpark was held on June 2, 2004, 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 7:24 p.m. 2. PLEDGE OF ALLEGIANCE: Joseph Montes, City Attorney, 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; Kenneth Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Cynthia Borchard, Administrative Services Director; Brad Miller, City Engineer; Captain Richard Diaz, Sheriff's Department; Scott Wolfe, Principal Planner; John Brand, Senior Management Analyst; Senior Management Analyst; Julie C.T. Hernandez, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Recognition of Outgoing Teen Council Members. Mayor Hunter presented Certificates of Recognition to Outgoing Teen Council Members Shauna Marsh, Brittany Best, Taylor Fernandez, Hilary Pemberton, Aryan Aziz, Jon Lamberson, Nick Semnani, Zahabiya Chithiwala, and Sannaz Keyhani. Minutes of the City Council Moorpark, California Page 2 June 2, 2004 B. Recognition of Efrain Alcaraz, Maintenance Worker III, for 15 Years of Service to the City of Moorpark. Mayor Hunter presented Efrain Alcaraz with a Certificate of Recognition for his 15 years of service to the City of Moorpark. 5. PUBLIC COMMENT: None. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:30 p.m. The City Council meeting reconvened at 7:32 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter announced the Moorpark Beach Bus will make two daily round trips to Zuma Beach each Tuesday and Thursday from June 15 through August 31. The Beach Bus picks up at City Hall, Arroyo Vista Recreation Center, Peach Hill Park, and College View Park. The cost is $1.00 each way, 50G for seniors and the disabled. Mayor Hunter announced Moorpark City Transit Summer Youth Bus Passes are available for purchase; $20.00 buys unlimited travel all summer long on Moorpark City Transit and the Beach Bus; Summer Youth Bus Passes are valid June lst through September 15th, for those under the age of twenty -one; and Summer Youth Bus Passes may be purchased at City Hall and at Arroyo Vista Recreation Center. 8. PUBLIC HEARING: A. Consider Resolution for Modification No. 1 to Residential Planned Development Permit No. 1998 -05, a Request to Modify a Block Wall to Allow a Tubular Steel View Fence Located at 14143, 14144, 14151, 14152, 14159 and 14160 Maya Circle (Tract 4977), on the Application of Kevin Kleinrath, et al. (continued from May 5, 2004, public hearing closed) Staff Recommendation: Adopt Resolution No. 2004 -2197. Minutes of the City Council Moorpark, California Page 3 June 2, 2004 Mr. Hogan gave the staff report and cited late correspondence from Mr. Kleinrath. In response to Mayor Hunter, Mr. Montes stated the public hearing is closed and additional information from late correspondence should not be considered at this time. In response to Council questions, Mr. Hogan stated if this request is approved by the Council, staff would request a provision for the Community Development Director to have the authority to issue future Permit Adjustments to other property owners in this same development who make a similar request, so future applicants will not have to go through the entire Modification process, and since the precedence for this approval would already be established. He also stated, if this process is followed, then the Community Development Director would be allowed to review and make modifications to the Conditions of Approval, or a request could come back as a Modification to be presented to the Planning Commission, where if denied, could then be appealed to the City Council. In response to Councilmember Harper, Mr. Hogan stated there is one property owner who is not ready to proceed with the wall modifications; it is staff's recommendation to require that all walls be completed at one time; however, a condition may be added to allow for a certain length of time for beginning construction. In response to Councilmember Harper, Mr. Kleinrath stated the owner of Lot 64 is not ready to move forward. In response to Councilmember Harper, Mr. Hogan stated additional linear feet could be added to the wall, as requested by the owner of Lot 60, if additional landscape screening at Lot 60, directly above Lot 40, were to be installed. Councilmember Mikos stated she had visited Lots 60 and 40, and another home on Laurelhurst Road. She stated she recalls from the original Carlsberg development debate, that the big concern was the loss of view of Minutes of the City Council Moorpark, California Page 4 June 2, 2004 open space and the goal of what was approved by that Council was to limit the view from the west sidewalk to just the roof tops of the proposed development; the staff report alludes to the east sidewalk view rather than the west; she thought staff had been directed at the last meeting to bring back compromise options showing different heights of block wall; and she is disappointed to see the staff report does not contain these exhibits. In response to Councilmember Mikos, Mr. Hogan stated the owner of Lot 40 did bring in pictures; the height of the wall remains the same no matter whether it is block or wrought iron; and if the changes are approved, there should be no visual impact except for Lot 40. Councilmember Mikos stated she is concerned that the previous Council's guarantee to those in the area who fought for the conditions of the Carlsberg development to include a certain amount of view fencing along with a majority of block, is not being honored by this request; she would be in favor of re- noticing this item to allow more residents to speak, especially since one applicant -owner is not ready to proceed with the new wall; and this would also allow exhibits of various wall heights to be presented. In response to Council questions, Mr. Hogan clarified the rear -yard setbacks for Lots 60, 59 and 40; confirmed additional landscaping could be conditioned on the Homeowners' Association property, subject to their approval; clarified this is a property line fence with the actual area of useable yard to be 10 -15 feet back from the fence; and confirmed Lot 60 could view into the back bedroom of Lot 40 from the fence line. In response to Mayor Hunter, Mr. Ridgeway, owner of Lot 40, stated when he purchased his property the house had not been built, it was just the pad with no fencing; the fencing on Lot 60 was already in place and is as represented today, a block wall; and his understanding for fencing to be installed on the up- slope was for it to be wrought iron with the rest to be block wall, which is what it is now. Minutes of the City Council Moorpark, California Page 5 June 2, 2004 In response to Mayor Hunter, Mr. Lazar, owner of Lot 60, stated when his home was purchased, the block wall was in place; the developer recommended property owners bring up any desired changes for the wall with the City Council; and he did have papers from the developer showing plans for these homes with six -foot view fencing, no berm, and no block wall. In response to Councilmember Mikos, the property owner from Lot 62 stated he had removed two courses of block, which only allows for a view, if standing right at the fence line. In response to Mayor Hunter, Mr. Hogan stated the line -of -sight for Lot 60 is no different at the 23- foot point or at the remaining 75 -foot balance of the lot. Councilmember Parvin reiterated her concern that Lot 60 will be able to look into Lot 40's bedroom. Councilmember Harper stated additional privacy to the require Lot 60, subject to install plant material at t] then allow Lot 60 to extend entire distance. a better way of giving lower lot would be to approval by the HOA, to zat corner of the lot and the view fencing for the Councilmember Mikos stated privacy for Lot 40 is not the main issue; the main issue is the original agreement to those residents in the Steeple Hill neighborhood; she is more in favor of a compromise of 3 -feet of block and 3 -feet of wrought iron and to allow Lot 60 to extend that configuration further, but with landscaping; and even though she wants relief for these applicants, they purchased their homes in this condition and should honor the citizens who fought to maintain their views at previous hearings when Carlsberg was originally approved. Councilmember Millhouse stated a two -foot difference in the height of the wall should create no lighting issue; flood - lighting can be dealt with by code compliance; houses are set back so there is no privacy issue, unless residents walk right up to the wall and deliberately look down; there is no rationale for not allowing the changes across all lots; and the more Minutes of the City Council Mooraark, California Paqe 6 June 2, 2004 difficult issue is Lot 60 versus Lot 40. He concurred with Councilmember Harper's recommendation regarding increased landscaping. Councilmember Millhouse continued by stating Lot 60's wrought iron fencing should be allowed for the entire length with landscaping; and a condition of approval needs to be added so the applicants are required to make the wall changes at one point in time along with the plantings. Mayor Hunter concurred with the additional landscape condition, stating the timing of the plantings needs to coincide with the fencing modification; and Condition No. 1 requiring the fencing modification to occur at one time should remain. Councilmember Mikos stated it appears the rest of the Council does not think the line -of -sight from Spring Road is an issue; and she concurred with Mayor Hunter that Condition No. 1 must remain. In response to Councilmember Harper, Mr. Hogan stated the lifetime of the permit is one year with extensions allowed by the Community Development Director. He requested direction on the planting of the additional landscaping in case the HOA does not approve it and whether this item would need to return to the Council. Mayor Hunter stated he did not see this as an issue and he did not want to see this item come back to Council. In response to Councilmember Parvin, Mayor Hunter stated the majority of other homes in the same situation in this development already have view fencing and he does not foresee the Community Development Director having to use his discretion to approve additional wall configuration requests. In response to Councilmember Harper's recommendation that the Community Development Director be given discretion to increase the amount of Lot 60's remaining wall to afford the same amount of privacy if the HOA does not approve the landscaping, Councilmember Millhouse stated if the HOA denies the additional landscaping the Council should review the item again to see if they want to make the same decision. Minutes of the City Council Moorpark, California Page 7 June 2, 2004 MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to adopt Resolution No. 2004 -2197, approving Modification No. 1 to RPD No. 1998 -05 to modify a block wall to allow a tubular steel view fence located at 14143, 14144, 14151, 14152, 14159 and 14160 Maya Circle (Tract 4977, as amended, with: 1) Modification for fencing on Lot 60 (14160 Maya Court) to extend the full length requested by the applicant; 2) Installation of landscaping to screen Lot 40 (14135 Huron Court) from Lot 60 with the location and amount to be determined by the Community Development Director, subject to the approval of the Homeowner's Association (HOA), and if not approved by the HOA then the item will come back to the City Council; and 3) An extension to the permit should be allowed by approval of the Community Development Director, if this item is not completed within the one year time frame. The motion carried by roll call vote 4 -1, with Councilmember Mikos dissenting. B. Consider Resolution Amending Specific Plan No. 95 -02; Zoning Ordinance Amendment No. 2002 -02, a Request to Amend Chapter 17.74 of the Moorpark Municipal Code Relating to the Development Standards of Specific Plan No. 95 -02; and Resolution Approving Residential Planned Development Nos. 2002 -03, -04, and -05, for Construction of a Total of 318 Single - Family Detached Residential Units within Specific Plan No. 95 -02, Located Approximately One -Half Mile North of the Northerly Terminus of Spring Road and Three - Fourths of One Mile East of Walnut Canyon Road on the Application of Pardee Homes. Staff Recommendation: 1) Open the public hearing, receive public testimony, and close the public hearing; 2) Adopt Resolution No. 2004- , approving an Amendment to Specific Plan No. 95 -02; 3) Introduce Ordinance No. for first reading to approve Zoning Ordinance Amendment No. 2002 -02 and schedule second reading and adoption for June 16, 2004; and 4) Adopt Resolution No. 2004- , approving Residential Planned Development Permit Nos. 2002 -03, 2002 -04, and 2002 -05, subject to Conditions of Approval. Mr. Hogan gave the staff report. In response to Councilmember Harper, Mr. Hogan stated the optional feature of tandem parking inside the Minutes of the City Council Moorpark, California Page 8 June 2, 2004 garages can be converted to living space if not approved; and all lots will have space for two cars to be parked in the driveway in front of the garage. Councilmember Parvin expressed concern that a two -car garage does not seem large enough for homes with six bedrooms, since there will probably be more than two vehicles per household. In response to Councilmember Parvin, Mr. Hogan stated staff monitors approval of the building permits; plotting of each home on each lot for compliance with Specific Plan criteria to maintain an open feeling in the neighborhood; and examines each floor plan, each model type, the location of the driveways, and front/ rear -yard setbacks. In response to Councilmember Parvin, Mr. Hogan stated staff will make sure the design of the small backyards for these relatively large homes can accommodate patio equipment, since in this climate it is anticipated the homeowners will want to cover the patio with lattice or a wooden structure; staff is recommending the standard 20 -foot rear -yard setback be maintained; and air conditioners can be placed in side - yards, although most are in the rear -yard, as required in the Conditions of Approval. Councilmember Parvin stated the front door of Planning Area No. 1 (PA -1) of Plan #3 should be changed, as it is not aesthetically pleasing. Councilmember Mikos stated in the future, she would prefer a larger exhibit showing the entire project. Mayor Hunter opened the public hearing. Jim Bizzelle, Vice President of Community Development for Pardee Homes, 26650 The Old Road, Valencia, California, provided an overview of the Moorpark Highlands development. Gary Armstrong, RBF Consulting for Pardee Homes, 4880 Santa Rosa Road, Camarillo, California, explained the modified Tentative Tract Map, Lot Summary, and proposed revisions for Zone Ordinance Amendment Minutes of the City Council Moorpark, California Paqe 9 June 2, 2004 Setbacks; and stated the applicant is willing to accept a 20 -foot rear -yard setback in PA -1. Loren Smets, Vice - President of Architecture for Pardee Homes, 10880 Wilshire Boulevard, Suite 1900, Los Angeles, California, stated there are seven different styles of architecture; the plotting of the homes is designed to minimize garage impacts with tandem and side -load garages; and the architecture in front of the garages is to provide a varied street scene. Robin Lowe, architect for Pardee Homes, LA Group Landscape, 22110 Clarendon Street, Suite 202, Woodland Hills, California, showed the concept and direction of proposed landscaping. Vincent Moscow, a Moorpark resident, stated the houses are too close together; the yards are too small; and the overall feel is too congested. Donald Shively, a Moorpark resident from Village Heights expressed concerns about increased traffic and safety issues creating a need for a traffic signal at the Charles Street and Spring Road intersection. In response to Mayor Hunter, Mr. Kueny stated a signal is required at the subject intersection to be synchronized with the existing signal to the south; and Spring Road will be two lanes in each direction. In response to Mayor Hunter, Ms. Traffenstedt stated there is one Written Statement Card from Sylvester Vakarial indicating opposition without any written comments. Mr. Bizzelle confirmed the project is conditioned to provide a traffic signal at the intersection of Charles Street and Spring Road; and there will be two traffic lanes in each direction on Spring Road. Councilmember Mikos stated the proposal is a lot to review and she would like more time. In response to Mayor Hunter, Mr. Hogan stated the project could be carried over for up to four weeks. Minutes of the City Council Moorpark, California Page 10 June 2, 2004 Mr. Bizzelle stated he had no opposition to a continuance. Mayor Hunter stated for the record, he would like to maintain a 20 -foot setback in PA -1. Councilmember Harper stated five -foot side -yard setbacks are not good, long -range planning even though the properties sell; the landscaping is very attractive and well done; the wood fencing and wooden gates pose an HOA maintenance issue and he would prefer a more durable, non -wood material; and the elevations of the homes are attractive. In response to Councilmember Harper, Mr. Bizzelle stated there are no plans to reduce the size of the lots in PA -8 or PA -9. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to continue this item with public hearing open to July 7, 2004. The motion carried by unanimous voice 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 2004/05. Staff Recommendation: 1) Open the public hearing, receive public testimony, and close the public hearing; and 2) Adopt Resolution No. 2004 -2198, approving the Engineer's Report and setting the assessment for the Parks and Recreation Maintenance and Improvement District for Fiscal Year 2004/05. Ms. Lindley gave the staff report. In response to Councilmember Millhouse, Ms. Lindley stated the percentage for use of the park by single - family residential versus a shopping center are developed by the engineer predicated on the theory that there would be less park use by employees of the shopping center than by single- family residents. In response to Councilmember Mikos, Ms. Lindley confirmed that when Proposition 218 was passed this assessment formula was established. Minutes of the City Council Moorpark, California Paqe 11 June 2, 2004 In response to Councilmember Harper's concerns regarding making up the shortfall in the assessment charged to the average homeowner with General Funds, Ms. Lindley stated any increase in the assessment amount would have to return to the voters. In response to Councilmember Harper, Mr. Kueny stated the assessment to cover all costs would be closer to $100 per single- family household; it was decided the maximum amount the voters would approve is the current assessment of $44 per single - family household; and the City is assessing the maximum amount allowed under the current ordinance. Councilmember Mikos stated there was a previous park assessment before Proposition 218 and the City tried to keep the amount the same in order to gain voter approval. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mayor Hunter closed the public hearing. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to adopt Resolution No. 2004 -2198, approving the Engineer's Report and setting the assessment for the Parks and Recreation Maintenance and Improvement District for Fiscal Year 2004/05. The motion carried by unanimous voice vote. D. Consider Final Review and Changes to the Engineer's Report for Assessment District 04 -01 (Colmer Development - Tract 5307) and Resolution Confirming the Assessment Amount for Fiscal Year 2004/05. Staff Recommendation: 1) Open the public hearing, receive public testimony, and close the public hearing; 2) Approve the Engineer's Report for AD04 -01 for FY 2004/05, with no changes from the report approved by City Council Resolution No. 2004 -2188; and 3) Adopt Resolution No. 2004 -2199 confirming the assessments for AD04 -01 for FY 2004/05. Mr. Gilbert gave the staff report. Minutes of the City Council Moorpark, California Paqe 12 June 2, 2004 In response to Councilmember Mikos, Mr. Gilbert stated the assessment amount will be levied each year until the fund balance reaches the actual cost. In response to Councilmember Millhouse, Mr. Kueny stated this project does not have a Homeowners Association; therefore, the Assessment District covers the landscaping costs to be maintained by the City. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mayor Hunter closed the public hearing. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to: 1) Approve the Engineer's Report for AD04 -01 for FY 2004/05, with no changes from the report approved by City Council Resolution No. 2004 -2188; and 2) Adopt Resolution No. 2004 -2199 confirming the assessments for AD04 -01 for FY 2004/05. The motion carried by unanimous voice vote. E. Consider Final Review and Changes to the Engineer's Report for Landscaping and Lighting Maintenance Assessment Districts and Resolution Confirming the Assessments for Fiscal Year 2004/05. Staff Recommendation: 1) Open the public hearing, receive public testimony, and close the public hearing; 2) Adopt Resolution No. 2004 -2200, making certain changes to and confirming the assessments for FY 2004/05; 3) 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 4) Direct staff to present to the City Council in November, 2004, a Resolution amending the FY 2004/05 Budget to fund certain Fund transfers necessary to eliminate actual FY 2003/04 year -end Fund deficits for the Assessment District Funds. Mr. Gilbert gave the staff report. Mayor Hunter opened the public hearing. Minutes of the City Council Moorpark, California Paqe 13 June 2, 2004 In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mayor Hunter closed the public hearing. MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to: 1) Adopt Resolution No. 2004 -2200, making certain changes to and confirming the assessments for FY 2004/05; 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, 2004, a Resolution amending the FY 2004/05 Budget to fund certain Fund transfers necessary to eliminate actual FY 2003/04 year -end Fund deficits for the Assessment District Funds. The motion carried by unanimous roll call vote. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Whether Appliance Sales, Distribution and Warehousing are Commercial Uses in Compliance with the Existing SDI Development Agreement for the Land Located on the East Side of State Route 23, Immediately North and South of New Los Angeles Avenue (Lots 1 and 2 of Tract 5004) . (continued from May 5, 2004) Staff Recommendation: Remove from calendar and request Selleck Development Group, Inc., to follow the process provided for in the Development Agreement and other applicable City procedures. Mayor Hunter stated for the record: "I have participated in connection with the Affordable Housing /Community Development Committee's review of this matter. Subsequent to my participation, certain events have occurred involving a lawsuit between the applicant and the former owner's of the property, Strategic Devices, Inc. Although, I do not have a legal conflict of interest, the nature of the events which have occurred are such that I feel I should refrain from further participation to avoid any appearance of bias." AT THIS POINT in the meeting, Mayor Hunter left the meeting. The time was 9:29 p.m. Minutes of the City Council Moorpark, California Paae 14 June 2, 2004 Mr. Hogan requested the Council first consider whether this item should be referred back to staff to follow the procedures set forth under Section 13 of the Development Agreement, "Administration of the Development Agreement "; and if so, then staff will proceed to work through that process with the applicant. He continued by stating, if the Council wishes to proceed with the item, he would give the staff report. In response to Mayor Pro Tempore Parvin, Daniel Selleck, President of Selleck Development Group, 2660 Townsgate Road, Suite 250, Westlake Village, California, stated he had requested a continuance of this item from the May 19th hearing to allow more time for everyone to review and understand this proposal. He stated he has owned Lots 1 and 2 of this property for five years and has marketed to multiple retail uses such as those contained in the Development Agreement. Mr. Selleck requested direction from Council, as he believes this proposed use is consistent with Section 6.k. of the Development Agreement; and he respectfully disagrees with staff's current recommendation and that of the previous staff report on May 19. Mr. Selleck stated he is currently in escrow to sell Lot 1 to Mr. Schlender where he proposes to develop a retail -home appliance shopping complex. In response to Councilmember Millhouse, Mr. Hogan confirmed the first issue is to determine whether the proposed use is allowed under the Development Agreement for this site; and the second issue is whether the Council wants to continue to discuss whether the proposed use is consistent with Section 6.k. of the Development Agreement. Councilmember Harper stated the third issue is whether this proposed use is also consistent with the underlying zoning of the property and consistent with the General Plan. In response to Councilmember Harper, Mr. Hogan stated the Development Agreement and the zoning have to be consistent with the General Plan. Mr. Hogan proceeded to give the staff report. Minutes of the City Council Moorpark, California Paqe 15 June 2, 2004 Councilmember Mikos stated she was on the Affordable Housing and Community Development Committee when this proposal was discussed; there was no unanimity as to whether this proposed use complies with Section 6.k. of the Development Agreement; and the Council is not being asked to look at plans for this project or the architecture, the point is to decide consistency with Section 6.k. In response to Councilmember Harper, Mr. Hogan stated the proposed use is not consistent with the General Plan, current underlying zoning, nor the Development Agreement; and in order to proceed, a General Plan Amendment, Zoning Ordinance Amendment and possibly an amendment to the Development Agreement would be required. Tom Schlender, President of Warehouse Discount Center, 774 Wildwood Avenue, Thousand Oaks, stated he had entered into an agreement with Mr. Selleck to purchase this property which is zoned for retail sales; and Warehouse Discount Center is a retailer of major home appliances and plumbing fixtures, so he does not understand the confusion regarding whether this is a permitted use. In response to Councilmember Mikos, Mr. Schlender stated Warehouse Discount Center is not a distributor; they are a retail seller of appliances and plumbing fixtures to the consumer; they collect sales tax; and make delivery of project to the consumer. Councilmember Mikos stated this process is not the same as Kohl's or Target, since this proposed use would be more distribution than sales; therefore, it does not meet the approved list of uses described in Section 6.k. of the Development Agreement. Matthew Hayden, representative for the applicant, 1233 Franklin Street, Santa Monica, California, stated this is a difficult issue for interpreting use; the business models for warehouse retail are changing and perhaps the City should take responsibility for updating the Moorpark Code; and the Development Agreement provides the Council with additional Minutes of the City Council Moorpark, California Paqe 16 June 2, 2004 rationale for processing the project and deciding tonight if it is consistent. In response to Councilmember Mikos, Mr. Hogan stated a Commercial Planned Development application has not been filed for this proposal. Chuck Cohen, attorney representing Selleck Development Group, 2801 Townsgate Road, Thousand Oaks, stated this is a simple issue; Mr. Schlender operates a business no different than a Bed Bath and Beyond store; and Mr. Schlender is proposing to sell product in the Moorpark community. Mr. Montes stated based on the current staff report, the question before Council is what is the appropriate process for this proposal; and in the intervening time since the May 19th hearing, staff has developed new information, which they feel has moved the matter beyond a quick review by the Council and believe it should move to a formal application instead. The second issue is whether the Council believes the proposed use is consistent with the Development Agreement; and if it is determined not to be consistent, a General Plan Amendment, Zoning Amendment and Amendment to the Development Agreement would be required. Councilmember Millhouse stated it is not fair to the applicant to have to go back and start over through another process; the applicant was led to believe as presented in the May 19th staff report, that he was entitled to bring the question of whether the use is consistent with the Development Agreement to Council for a determination; the Development Agreement provides for retail sales; this is a business which sells product; and they should be allow to make the application. In response to Councilmember Harper, Mr. Hogan stated there is a three -to -one ratio in square footage for warehousing /office space as compared to the retail space; this exceeds what is allowed under the General Plan designation for Commercial Use; the nature of the business is inconsistent with the General Plan and the Zoning Code; and the use is not consistent with 6.k. of the Development Agreement. Minutes of the City Council Moorpark, California Page 17 June 2, 2004 In response to Councilmember Mikos, Mr. Hogan stated this use would be allowed in an industrial area of Moorpark; and there is some vacant land near the western end of Los Angeles Avenue that is available for industrial use. In response to Councilmember Millhouse, Mr. Selleck stated the Development Agreement was established in 1996; he purchased the property in 1999; Section 6.k. not only states uses, but also states the maximum square footages for Lot 1 shall not exceed 132,183 square feet; and Mr. Schlender's building is only 115,000 square feet. He continued by stating this should take precedence over the issue of use; and he purchased this property with the understanding that they would exceed standard coverage for retail. Councilmember Harper stated the remainder of Section 6.k. explicitly states the allowed uses; and this proposal is a mixed -use with a large distribution component. In response to Mayor Pro Tempore Parvin, Mr. Hogan stated when the architect for this proposal inquired about the requirements for plan submittal and informed staff of the proposed use, he was told not to submit plans, as the use would be inconsistent with the Development Agreement; and staff did not want the applicant to spend money on plans staff would be required to deny. In response to Councilmember Harper, Mr. Hogan stated if the Council finds this use to be inconsistent with the Development Agreement, the applicant could proceed with a request for a General Plan Amendment to change from Commercial to Industrial use or some other unique, special use, such as a mixed -use Industrial /Commercial. MOTION: Councilmember Millhouse moved and Mayor Pro Tempore Parvin seconded the motion to find the proposed use consistent with the Development Agreement. The motion failed by tie voice vote 2 -2, with Councilmembers Mikos and Harper dissenting and Mayor Hunter absent. Minutes of the City Council Moorpark, California Page 18 June 2, 2004 MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to table the item until the next meeting to allow staff to further study the options. The motion failed by tie voice vote 2 -2, with Councilmember Millhouse and Mayor Pro Tempore Parvin dissenting and Mayor Hunter absent. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to find the distribution use inconsistent with Development Agreement Section 6. k., the General Plan and the CPD Land Zone The motion failed by tie voice vote 2 -2, with Councilmembers Millhouse and Mayor Pro Tempore dissenting and Mayor Hunter absent. AT THIS POINT in the meeting the Council declared a recess. The time was 10:20 p.m. The Council reconvened at 10:35 p.m. Ms. Traffenstedt read from Resolution No. 2003 -2102 Council Rules of Procedure Section 8.5 regarding Tie Vote: "...If a tie vote results at a time when less than all members of the Council are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council." The item was continued to June 16, 2004. AT THIS POINT in the meeting, Mayor Hunter returned to the meeting. The time was 10:36 p.m. B. Consider Changing the Rail Trail Study to a Downtown Trail Study. Staff Recommendation: Authorize staff to renegotiate the scope and fee for the consultant contract for the Rail Trail Study to be re- directed to become the Downtown Trail Study, as discussed in the agenda report, contingent upon Ventura County Transportation Commission approval. Mr. Gilbert gave the staff report. In response to Councilmember Mikos, Mr. Gilbert stated that during the Downtown Study, staff is hoping to find candidate locations for a trail through the downtown area, either on High Street or Charles Street and in that way would eliminate the need for a rail trail. Minutes of the City Council Moorpark, California Paqe 19 June 2, 2004 In response to Councilmember Mikos, Mr. Gilbert stated a request could be made to the Ventura County Transportation Commission for consideration of a second rail on the south side to keep the option open for a rail trail, although he did not feel it was necessary if a downtown trail is established. Councilmember Harper, a member of the Transportation and Streets Committee, stated there were other concerns raised by the committee regarding a trail adjacent to the railroad tracks including safety issues for children using a trail in close proximity to the tracks; night use requiring a great deal of illumination for safety and security; and the uncertainty of where the second rail would ultimately be located. He concluded by stating it was recommended it would be better to place the downtown trail in another location. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. In response to Mayor Hunter, Mr. Gilbert stated there is no need for an appropriation as the budget is still viable. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to authorize staff to re- negotiate the scope and fee for the consultant contract for the Rail Trail Study to be re- directed to become the Downtown Trail Study, as discussed in the agenda report, contingent upon Ventura County Transportation Commission approval. The motion carried by unanimous voice vote. C. Consider Resolution Establishing Landscape Desigr Standards and Guidelines. Staff Recommendation: Adopt Resolution No. 2004- Mr. Hogan gave the staff report. In response to Councilmember Mikos, Mr. Hogan stated the guidelines will be applied to all new developments, homeowner association modifications, commercial and industrial projects, but not to existing single- family homes. Minutes of the City Council Moorpark, California PaQe 20 June 2, 2004 Councilmember Mikos stated she wanted additional time to review the document and requested a continuance. In response to Councilmember Parvin's concern regarding the distance - planting of trees in close proximity to fencing, Mr. Hogan stated staff and the landscape architect will be reviewing slope plantings and the issues associated with planting trees near fencing. In response to Councilmember Parvin, Mr. Wolfe stated the document addresses water conservation as a goal and primary policy of the City; and the guidelines are intended for use by landscape professionals who will readily recognize the species of plants including those which are drought tolerant. Councilmember Parvin stated she is counting on staff to enforce the concept of respecting viewing opportunities for adjacent residents in plant placement. In response to Mayor Hunter, Mr. Hogan stated the general parking area design requirements for landscaping are being increased from the current standard to 15% and will be codified in the new zoning ordinance. Mayor Hunter stated he is very impressed with the document; it is user friendly with great curb appeal; and it is very professional. Councilmember Harper stated he noticed Chinese Flame trees, which are very invasive, are included on the approved tree list; this list may not be entirely appropriate to this area; and a review of the tree species would be advisable. Mayor Hunter stated it appears there is a consensus to continue this item; and asked if the consultant could be made available for questions at the next hearing. Councilmember Mikos stated she would need the extra time to consult with other experts on the list of trees. Minutes of the City Council Moorpark, California Page 21 June 2, 2004 In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to continue this item for four weeks to July 7, 2004. The motion carried by unanimous voice vote. D. Consider Proposed Tagline, Logo, and Color Palette. Staff Recommendation: Approve the "brand" presented for the City of Moorpark, including logo, tagline and color palette as recommended by the City Council Economic Development Committee. Ms. Hernandez gave the staff report. Councilmember Harper stated he loves the colors, design, and the phrase. In response to Mayor Hunter's request for staff or the committee to comment on how the logo represents the description of Moorpark, as contained on stamped page 243 of the staff report, Councilmember Parvin, a member on the Economic Development Committee, stated of all the logos presented, this one reflects simple rolling hills and the colors evoke comforting feelings. Councilmember Millhouse stated he likes the logo. In response to Mayor Hunter's question of how the logo represents the historical concepts of a 100 -year old community, as described on stamped page 242 of the staff report, the consultant from Mayerson Marketing stated a logo is supposed to be non - specific and evoke an instantaneous emotional response; and a more detailed approach would be appropriate for a brochure or a website where there is more space and time for definition. She continued by stating the City seal, which represents the City's history, would be used on more formal items such as letterhead or other documents, while the logo would be used on less formal items such as T- shirts, caps, banners, and signage; and it is possible both could be used on the website. Councilmember Mikos stated she thinks the logo is great; and the slogan selected is the one she likes. Minutes of the City Council Moorpark, California Paqe 22 Councilmember this is very he likes that In response there were no Harper stated in simple; it makes statement. June 2, 2004 art, "less is more "; a clear statement; and to Mayor Hunter, Ms. Traffenstedt stated speakers. MOTION: Councilmember Parvin moved and Councilmember Millhouse seconded a motion to approve the "brand" presented for the City of Moorpark, including logo, tagline (Life can be this good.), and color palette as recommended by the City Council Economic Development Committee. The motion carried by unanimous voice vote. E. Consider Surcharge Increase at the Simi Valley Landfill and Changes to the Collection of Countywide Integrated Waste Management Plan ( CIWMP) Fees. Staff Recommendation: Defer the solid waste collection rate mid -year increase to January, 2005, and approve the collection of the CIWMP fee as outlined in the agenda report. Mr. Brand gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to defer the solid waste collection rate mid -year increase to January, 2005, and approve the collection of the CIWMP fee as outlined in the agenda report. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: MOTION: Councilmember Parvin 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 2003 -2004 - June 2, 2004. Manual Warrants 116215 - 116217 $ 2,993.00 Voided Warrant $ (0.00) Minutes of the City Council Moorpark, California Page 23 June 2, 2004 Payroll Liability 116210 - 116214 $ 2,645.28 Warrants Regular Warrants 116218 - 116316 & $ 102,383.06 116317 - 116330 $ 197,907.14 Staff Recommendation: Approve the warrant register. B. Consider Resolution Amending the Fiscal Year 2003/04 Budget by Appropriating Older Americans Act Grant Funds for One- Time -Only Older Americans Act Title III - B Funds for Supportive Services and Senior Centers. Staff Recommendation: Adopt Resolution No. 2004 -2201. ROLL CALL VOTE REQUIRED C. Consider the Ventura County Library Commission's Legislative Platform. Staff Recommendation: Approve the Ventura County Library Commission's Legislative Platform. D. Consider Request from Moorpark Kiwanis to Waive Park Rental Fees for Softball Tournament. Staff Recommendation: Approve the request from Kiwanis of Moorpark to waive park rental fees associated with their Girls Softball Tournament, provided that they comply with the City's Municipal Code and County Health Department requirements and pay all direct costs incurred by the City, including one staff person dedicated to the Tournament. E. Consider Changes to Current Compost Program. Staff Recommendation: Approve the recommended changes to the City Compost Bin Program as outlined in the agenda report, and authorize the City Manager to execute an Agreement with Green Culture, Inc. F. Consider Emergency Management Ad Hoc Committee Report. Staff Recommendation: Receive and file report. G. Consider Resolution Supporting a Policy Statement on "Wildland Urban Interface Fires: A Collaborative Plan to Decrease Impacts on Public Health and Safety." Staff Recommendation: Adopt Resolution No. 2004 -2202. H. Consider Resolution Amending the Fiscal Year 2003/04 Budget to Provide Funding for a City Project to Undertake the Widening of Los Angeles Avenue between Minutes of the City Council Moorpark, California Page 24 Leta Yancy Road and Maureen Lane (Pacific Tentative Tracts 5053 and 5204). Recommendation: Approve Resolution No. ROLL CALL VOTE REQUIRED 11. ORDINANCES: None. 12. CLOSED SESSION: June 2. 2004 Communities Staff 2004 -2203. Mr. Kueny requested that the City Council go into closed session for Items 12.D., 12.E., 12.F. and 12.G. on the agenda. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adjourn to closed session for a discussion of Items 12.D., 12.E., 12.F. and 12.G. on the agenda. The motion carried by unanimous voice vote. The time was 11:04 p.m. D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Subdivision (a) of Section 54956.9 of the Government Code) William L. Whitaker, III and James Dale Whitaker vs. City Council of the City of Moorpark, et al (Case No. SC03803) E. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Section 54957.6 of the Government Code) Agency Designated Representative: Steven Kueny Employee Organization: Service Employees International Union, AFL -CIO, CLC, Local 998 F. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Section 54957.6 of the Government Code) 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, City Engineer, Community Development Director, Community Services Director, Information Systems Manager, Planning Manager, Principal Planner, Public Works Director, Public Works Supervisor; Recreation Manager, and Senior Management Analyst Minutes of the City Council Moorpark, California Paae 25 June 2, 2004 G. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Subdivision (b) of Section 54957 of the Government Code) 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 The Council reconvened into closed session after a brief recess at 11:13 p.m. Present in closed session were Councilmembers Harper, Mikos, Millhouse, Parvin and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. Mr. Montes, Ms. Lindley and Mr. Hogan left the meeting at 11:25 p.m. The Council reconvened into open session at 11:40 p.m. Mr. Kueny stated Items 12.D., 12.E., 12.F. and 12.G. were discussed and there was no action to report. ADJOURNMENT: adjourned Deborah S. City Clerk