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HomeMy WebLinkAboutMIN 2004 0901 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California September 1, 2004 A Regular Meeting of the City Council of the City of Moorpark was held on September 1, 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 7:16 p.m. 2. PLEDGE OF ALLEGIANCE: Barry Hogan, Community Development Director, 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; John Hartnett, Recreation Manager; Nancy Burns, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Recognition of 3rd of July Event Sponsors. Mayor Hunter and Community Services Director, Mary Lindley presented plaques to Brett Jones of Wayne J. Sand and Gravel, Marc Armbruster of Cypress Land Company, and John Barrett of Cardservice in appreciation of their generous support to the City's July 3rd event. Minutes of the City Council Moorpark, California Page 2 September 1, 2004 5. PUBLIC COMMENT: Gilbert Bahn, a Moorpark resident, spoke in regard to the proposal related to the Theater on High Street and his opposition to the use of City funds to own or operate it. He stated the City would be better served by contributing to the library for further education of children. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Staff requested Item 9.A. be heard prior to Public Hearings to accommodate a guest speaker from Calleguas Municipal Water District. CONSENSUS: It was the consensus of Council to hear Item 9.A. prior to Public Hearings. Councilmember Mikos requested Item 10.0. be pulled from the Consent Calendar for individual consideration. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Harper stated, as a committee member for the Theater on High Street and in conjunction with interest expressed by the community, he would like to have the matter concerning the theater agendized for discussion at a future meeting. Councilmember Millhouse requested the appropriate ad hoc committee consider individuals with physical difficulties and their hardship in complying with requirements to place large trash cans at the curb for pickup. Councilmember Parvin announced a meeting in Council Chambers at 7 :00 p.m. on September 2nd to seek input from the public on the Local Hazard Mitigation Plan. AT THIS POINT in the meeting Item 9.A. was heard. 9. A. Consider Status Report on the Construction of Calleguas' Las Posas Feeder No. 3 Waterline Project. Staff Recommendation: Receive and file the report. Mr. Gilbert summarized the completion dates from the staff report and introduced Don Kendall, General Manager of Calleguas Municipal Water District, who Minutes of the City Council Moorpark, California PaQe 3 September 1, 2004 gave a presentation on the status of the waterline project indicating it is 75- percent complete. In response to Councilmember Mikos, Mr. Kendall stated the best way for businesses at the corner of Spring Road and Los Angeles Avenue to address the loss of business created by construction at that corner would be to attend Calleguas Municipal Water District board meetings to speak to the board members. In response to Councilmember Millhouse, Mr. Kendall stated Calleguas Municipal Water District is diligently working with the residents along Mira Sol Drive who have stated that they have sustained damage to their homes due to the nearby construction. He stated regular street washings should be occurring to mitigate the dust; and residents are encouraged to call Calleguas if matters are not being addressed by the contractor. Mr. Kendall provided his direct phone number 805 - 579 -7111 and website address dkendall @calleguas.com for use in contacting Calleguas. In response to Councilmember Mikos, Mr. Kendall stated the Calleguas Board of Directors meets at 7:30 p.m. on the first and third Wednesdays of each month at 2100 Olsen Road, in Thousand Oaks. In response to Councilmember Millhouse's request for a description of the project and its significance, Mr. Kendall stated the purpose of the project is to install storage capacity for water imported from the State water project, which will be used to help drought -proof the area. He continued by stating this guarantee of a water source keeps businesses and agriculture in Ventura County and assures adequate water supply locally, especially in emergency situations. In response to Councilmember Mikos, Mr. Kendall confirmed the water is already here and when the project is complete it will provide a cushion of three year's worth of water; if there were an earthquake the city of Moorpark will be in good stead; and the Fox Canyon Ground Water Management Agency, on whose board Councilmember Mikos is a member, has supported this project. Minutes of the City Council Moorpark, California Paae 4 September 1, 2004 Mayor Hunter stated for the public's benefit, he wants to make it clear this is not a City sponsored project, although it is beneficial to the City, Moorpark is only the host, as State Route 118 is under the jurisdiction of the State; the inconvenience to residents has been great; and it is good to hear the project is nearing completion. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. CONSENSUS: It was the consensus of the Council to receive and file the report. 8. PUBLIC HEARING: A. Consider Zoning Ordinance Amendment No. 2004 -04: An Amendment to Chapter 17.12 (Establishment of Zones, Boundaries, and Maps), Chapter 17.20 (Uses by Zone), and Chapter 17.44 (Entitlement - Process and Procedures) of the Moorpark Municipal Code Related to Entitlement Review Requirements for Certain Uses. (continued from July 21, 2004, with public hearing open) Staff Recommendation: 1) Continue to take public testimony, and close the public hearing; and 2) Introduce Ordinance No. 304 for first reading approving Zoning Ordinance Amendment No. 2004 -04, and schedule second reading and adoption for September 15, 2004. Mr. Hogan gave the staff report. In response to Mayor Hunter, Mr. Hogan confirmed the current threshold for Council permit approval involves a project of 10,000- square feet, while the new ordinance reduces the threshold to 2,500- square feet; and the reduction allows for review of the use along with the architecture and landscape plans. He referenced the middle of stamped page 22 of the agenda report for a definition of the full content of this change in the ordinance. Mayor Hunter stated the trend has been to move the approval process to a lower level to allow the Planning Commission and staff more authority to Minutes of the City Council Moorpark, California Page 5 September 1, 2004 approve projects, which is a better business practice, more efficient, and easier for the applicant. In response to Mayor Hunter's request to allow the Planning Commission more authority, Mr. Hogan stated that same section on stamped page 22 of the agenda report could be amended, to instead allow the Planning Commission to approve projects from 2,500- up to 10,000- square feet, since there would still be the appeal process to the Council. Mr. Hogan also stated the Council is notified of all approvals made by the Planning Commission or staff. In response to Mayor Hunter, Mr. Hogan stated public hearing notices are sent out to those property owners within 1,000 -feet of a project, a public hearing notice is published in the local newspaper and a sign is posted on the project site. In response to Councilmember Mikos, Mr. Kueny stated the original intent for lowering the threshold was in consideration of the Downtown Specific Plan Area where more detailed direction is needed from the Council; it has been the goal to allow the Planning Commission to be the final decision making body, subject to appeal to the Council, in the Industrial and Commercial categories outside of the Downtown Specific Plan Area; and until the Council is comfortable that sufficient direction has been given in regard to design standards for the downtown area, projects of 2,500- square feet or more should remain at the Council level. Councilmember Harper stated, in general, he likes giving more discretion to the Planning Commission and staff for approvals, except in the Downtown Specific Plan area until Council determines a better sense of the ultimate design for that area. Mayor Hunter stated just as the public has the right to appeal project decisions, so does the Council, and he is not convinced the code is as user friendly as it should be; lowering the threshold for the approval process is an attempt to simplify the code to make it more efficient; specifying a difference for the Downtown Specific Plan area only further complicates the code; and he is comfortable with the skills and Minutes of the City Council Moorpark, California Pacie 6 September 1, 2004 abilities of the Planning Commission in making decisions and recommendations to the Council. Councilmember Mikos stated she understands and concurs with the Mayor's position, except for including the Downtown Specific Plan Area, as the Council should have more direct oversight of such an important part of the community. Councilmember Parvin stated she is very comfortable with simplifying the process. In response to Councilmember Parvin, Mr. Hogan stated there are no current alcohol sales uses in the Commercial Office Zone; microbreweries without entertainment are allowed in the Commercial Old Town Zone within 100 -feet of residential; and the Planning Commission did not raise any concerns regarding the need for a Conditional Use Permit for an automobile rental agency located within 100 -feet of residential. In response to Mayor Hunter's concern that the Conditional Use Permit (CUP) process, with its special conditions, is being eliminated from certain uses such as a recycling drop -off bin located within 100 -feet of residential, Mr. Hogan stated the location is still at the discretion of the Community Development Director; however, a recycling center does require a CUP. In response to Councilmember Parvin, Mr. Hogan stated the increase from six to eight children allowed for a family day care business is to bring the number of children allowed into line with State requirements. In response to Councilmember Parvin, Mr. Hogan stated there are a limited number of sites where recreational vehicle (RV) storage yards would be allowed in Moorpark; and the City does not want RV storage yards in prominent locations taking up valuable land that could be used for higher and better purposes. In response to Councilmember Parvin, Mr. Hogan described the type of permits required for various uses such as a Conditional Use Permit for a restaurant due to the hours of operation, and a Zone Clearance for a chiropractic practice or dental practice. Minutes of the City Council Moorpark, California Page 7 September 1, 2004 In response to Councilmember Parvin's request, Mr. Hogan stated the words "most stringent" on stamped page 31 of the agenda report on the third line down would be replaced with "most thorough" and the word "aesthetics" would be added after "...to protect the health, safety, life..." in the middle of Section A. In response to Councilmember Parvin, Mr. Hogan stated current projects would be "grandfathered -in" to comply with the requirements in place when they were deemed complete. Mayor Hunter stated the public hearing remains open. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. A discussion followed among the Councilmembers and staff regarding which entity should have authority over decision making on projects in the Downtown Specific Plan Area. Mr. Hogan stated revisions to the Downtown Specific Plan will be coming to Council for review within this fiscal year and at that time Council could lower the approval authority down to the Planning Commission since more specific design details would be available at that time. Councilmember Millhouse expressed an academic concern regarding the level of decision making power invested in a Planning Commission that is solely appointed by the Mayor of the City. Mayor Hunter concurred with Councilmember Mikos' and Harper's recommendations to have the Council retain its decision - making authority over projects of 2,500 - square feet or more in the Downtown Specific Plan area. In response to Councilmember Millhouse, Mr. Montes stated from a legal standpoint, the word "aesthetics" would be allowable for addition to the draft ordinance on stamped page 31 of the agenda report in Section 17.44.040 under Section A. Temporary Use Permit. Minutes of the City Council Moorpark, California Page 8 September 1, 2004 Mayor Hunter stated he is satisfied with Mr. Hogan's explanation of the use of a CUP for a recycling center as opposed to a recycling bin. Councilmember Parvin stated, in regard to her concern about microbreweries, since there are no existing microbreweries in Old Town within 100 -feet of residential at this time, perhaps that issue can be scrutinized when the occasion arises. Mayor Hunter closed the public hearing. Mr. Montes read the title of Ordinance No. 304. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive further reading and declare Ordinance No. 304 read for first time, as amended, to retain Council decision - making authority over projects of 2,500- square feet or more in the Downtown Specific Plan area and to change the verbiage in the draft ordinance on stamped page 31 of the agenda report in Section 17.44.040 to change "most stringent" in the first paragraph to "most thorough" and to add the word "aesthetics" in Section A. Temporary Use Permit following "...and may be conditioned to protect the health, safety, life... "; and to schedule second reading and adoption for September 15, 2004. The motion carried by unanimous voice vote. B. Consider Resolution for Commercial Planned Development Permit (CPD) No. 2004 -01 for the Construction of a 131,745 Square Foot Shopping Center Located on the Southwest Corner of New Los Angeles Avenue and Miller Parkway on the Application of Nearon Enterprises, LLC. Staff Recommendation: 1) Open the public hearing, take public testimony, and close the public hearing; and 2) Adopt Resolution No. 2004 -2231, approving CPD Permit No. 2004 -01, subject to Conditions of Approval. Mr. Hogan gave the staff report. In response to Councilmember Harper, Mr. Hogan stated staff will look at the pallet of materials for the center upon submission of the final landscape plans and will base their selection on maintaining an eclectic appearance. Minutes of the City Council Moorpark, California Paqe 9 September 1, 2004 In response to Mayor Hunter, Mr. Hogan stated this is a difficult site with unusual access due to its shape; the entrances to Buildings H and I could be re- oriented so pedestrians would not have to traverse the main vehicular path, which would require redesigning the architecture so that the tower effect is reversed; the location of the artwork for the center will be reviewed by the Public Art Advisory Committee; and the applicant is suggesting placement of the pieces to encourage the public to gather within the center, rather than to make the art visible from the roadway. In response to Councilmember Parvin, Mr. Hogan stated the standard fencing requirement is an eight -foot high block wall; wrought iron fencing exists along the south side of this project where only landscaping is visible to the adjacent residents; the fencing condition in this case, is flexible to allow the applicant to work with those property owners who may wish to retain the wrought iron rather than have an eight -foot block wall installed; the delivery areas behind Buildings B and C are required to be covered and screened from view; loading /unloading hours for the entire center are regulated by ordinance; entry into the center for deliveries is not restricted; u- turns are not currently allowed at the signalized corner of Patriot Drive and Miller Parkway, but staff could review the possibility; roof - mounted air conditioning equipment is located at a sufficient distance from the residential area and noise should not be a problem with the newer equipment; however, if residents are concerned, a noise study can be performed. Councilmember Parvin requested a condition be added for awning maintenance similar to the one for the Moorpark Marketplace. In response to Councilmember Millhouse, Mr. Hogan stated the pedestrian walkway across the parking lot could be removed if the entrances to Buildings H and I are relocated as Mayor Hunter suggested. In response to Councilmember Mikos, Mr. Hogan stated the vehicular access points to the center are set; the applicant has met with the adjacent Homeowners Association regarding the hillside; the project is Minutes of the City Council Moorpark, California Page 10 September 1, 2004 conditioned for the applicant to have a maintenance easement to maintain the trees below the view line of the residents; this condition is subject to HOA approval and if not approved, all of the landscaping would be down at the base; relocation of the handicapped parking to allow the plazas to be automobile free, still meets handicapped requirements; and lighting for the center will comply with the standards of the lighting ordinance. In response to Councilmember Mikos, Mr. Hogan stated he would verify if timing for the lighting has been conditioned, but it is the applicant's desire to time the lighting to reduce cost while still maintaining security for the center at night. In response to Councilmember Mikos, Mr. Hogan stated the City does not own the property under the bridge; the City will work with the public agency property owner in regard to graffiti removal; the City ordinance requires, within a number of hours from notification, that graffiti must be removed from private property; and if graffiti is located on public property the City removes it almost immediately upon notification. Mr. Montes stated if the Flood Control District did not remove the graffiti at the City's request, City staff would not enter their property to remove the graffiti unless a nuisance was declared. In response to Councilmember Mikos, Mr. Hogan stated requirements of the National Pollutant Discharge Elimination System are that water be cleaned before it leaves the site and that there be no change in the quantity of water before development; and a backup district will be formed through an administrative charge to be paid by the applicant, which would be used to provide maintenance in case the applicant fails to maintain whatever systems are installed to keep the site in compliance. In response to Mayor Hunter, Mr. Hogan stated the location for signage appears on the site plan; however, the sign program will be submitted to staff for approval. Minutes of the City Council Moorpark, California Page 11 September 1, 2004 Mr. Hogan stated hours for lighting are not contained in the project conditions and if Council so desires, a condition may be added to have lighting turned off with only security lighting to remain after a certain hour in the evening. In response to Mayor Hunter, Mr. Hogan stated if the loading docks for Buildings F and G are moved further away from residential, the loading dock for Building F would be eliminated; and they are currently conditioned to be covered and screened with landscaping. Mayor Hunter opened the public hearing. Mark Ossola, representing Nearon Enterprises, LLC, 25410 Cumberland Lane, Calabasas, California, described changes made in working with staff, the Planning Commission and residents to make a better project. He stated Nearon is trying to attract quality tenants, including Staples, PetCo, and Chicks Sporting Goods Store as anchor tenants along with talking with several restaurants; and the goal is to keep tax dollars here in Moorpark with $45 million in annual sales. Mr. Ossola assured the Council the center would be well maintained. He introduced Nearon's consultants for architecture and landscaping as available for questions. In response to Mayor Hunter, Mr. Ossola stated they are focusing on some sit -down restaurants for the center and have received letters of intent from Panda Express, Bandits, and Camille, a sidewalk cafe. In response to Council concerns, Mr. Ossola stated there will be multiple front doors on Buildings H and I to enhance articulation, as there will be several tenants occupying the space; a great deal of time was spent in creating more walking areas for the center, but if Council desires, the pedestrian walkway can be eliminated; they have worked with the homeowners behind Building G and those above the center to provide additional landscape screening; and will be working with the Public Art Advisory Committee for placement of the art in public places. Minutes of the City Council Moorpark, California Page 12 September 1, 2004 In response to Councilmember Parvin, Mr. Ossola described a number of local projects he has been involved in building. John Parezo, architect for the project from Ware Malcomb Architects, 5949 Woodland View Drive, Woodland Hills, California, addressed Council concerns and stated the plan was to create a diverse pedestrian village; and they have tried to break up the parking mass with landscaping and enhanced paved paths connecting the buildings. Councilmember Harper stated articulated architecture; he pedestrian circulation, as long fountain should be large so as the project. He encouraged outdoor seating areas. he likes the well likes the internal as it is safe; and the not to be dwarfed by the addition of more In response to Councilmember Harper, Mr. Parezo stated the olive trees selected for the grove are fruitless olive trees; the domes and cupolas vary throughout the project; and the plaza areas will be designed with different materials. In response to Councilmember Harper's request for a well known restaurant such as the Macaroni Grill or Olive Garden, Mr. Ossola stated their brokers are still working on attracting potential tenants. In response to Mayor Hunter, Mr. Ossola confirmed they have a lease outstanding with Staples; and they are contemplating asking PetCo to move next to Staples so the square footage of Building G could be reduced in consideration of adjacent residential. In response to Mayor Hunter, Mr. Parezo stated Building F has been redesigned twice and the front entries reoriented; the loading docks are covered from above and the adjacent trash enclosure has a tile roof; the walls in this area are higher with the truck ramp depressed; and they are working with the homeowners to locate the trees on the slopes to screen any and all of the buildings including loading docks. Councilmember Mikos congratulated the applicant on the pedestrian emphasis of the project. She stated the Minutes of the City Council Moorpark, California Paqe 13 September 1, 2004 Planning Commission did a good job even with such a difficult site; and she is glad there is flexibility in selecting the materials and palettes. In response to Mayor Hunter, Mr. Ossola stated they have reviewed the draft conditions of approval and are in concurrence. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to adopt Resolution No. 2004- 2231, approving CPD Permit No. 2004 -01. Mr. Hogan clarified his understanding of the Council's amendments to the Conditions of Approval and provided additional information regarding the code allowing for pylon signage up to 25 -feet in height for this project; the applicant is not proposing such a pylon; however, staff recommends adding a condition that if signage in excess of eight -feet in height is proposed, the approval for such would have to return to the Council. Mr. Kueny stated staff believes a u -turn at Patriot Drive can be accommodated without any additional right -of -way. He also stated that although staff does not believe additional right -of -way will be needed for a u -turn lane in the opposite direction, a condition should be added to allow for that design along the applicant's frontage; and staff will return with an item at a future date to address that issue. In response to Mayor Hunter, Mr. Ossola stated the only amendment to the conditions of concern is the need for additional right -of -way; and as long as the buildings are not relocated to accommodate the u -turn, they would concur with the recommendations. Mr. Kueny stated staff believes the right -of -way would be located further south of this property, but in the event that is not the case, a condition would be needed. Mr. Ossola stated he would not have a problem with the right -of -way as long as the buildings did not have to be relocated. Minutes of the City Council Moorpark, California Paae 14 September 1, 2004 In response to Mr. Ossola's concerns regarding safety and insurance criteria, Mr. Hogan stated the lighting would only be reduced to security levels. In response to Councilmember Mikos, Mr. Hogan stated no bus stop has been proposed at this center. AMENDMENT TO PRIOR MOTION: Councilmember Harper moved and Councilmember Millhouse seconded an amendment to the prior motion to adopt Resolution No. 2004 -2231, approving CPD Permit No. 2004 -01, subject to Conditions of Approval as amended to: 1) Add a condition for awning maintenance; 2) Direct staff to look at possible u -turns at Patriot Drive; 3) Amend Special Condition No. 4 to indicate elevations of Buildings H and I will be refurbished for greater articulation; 4) Add a condition for the timing of parking lot and on -site lighting to be reduced to security levels by 11:00 p.m. with the plan subject to the approval of the Community Development Director; 5) Locate bike racks appropriately throughout the development with locations subject to the approval of the Community Development Director; 6) Refer the design of the large fountain to the Public Art Advisory Committee; 7) Refer any proposed signage in excess of eight -feet in height to the Council for approval; and 8) Add a condition for providing additional right -of -way if needed for a u -turn lane at Patriot Drive. The amended motion carried by unanimous voice vote. C. Consider General Plan Amendment Pre - Screening Application No. 2004 -03 to Convert 8.8 Acres from a General Commercial (C -2) Designation to Very High Density Residential (VH) and Public (Pub) Designations on the West Side of Moorpark Avenue between Lassen Avenue and Los Angeles Avenue on the Application of Comstock Homes. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Direct staff to accept a General Plan Amendment application, provided that all other necessary entitlement applications are filed concurrently; and 3) Appoint an Ad Hoc Committee for the project and development agreement. Mr. Hogan gave the staff report. Mayor Hunter opened the public hearing. Minutes of the City Council Moorpark, California Paqe 15 September 1, 2004 Loren Borstein, representing Comstock Homes, 321 12th Street, Manhattan Beach, California, stated he was available for questions. In response to Mayor Hunter, Mr. Hogan stated the zoning of the adjacent neighborhood to the north is single - family residential under old residential zoning that pre -dates the requirement for Residential Planned Development permits. Keith Orr, a Moorpark resident, spoke in opposition to the proposal, citing concerns regarding traffic impacts on his street, the extension of Lassen Avenue and the removal of two houses. He continued by stating he is not opposed to development, but to the high density. Mayor Hunter explained this is a conceptual proposal and a project would not be approved this evening. Nancy Runkle, a Moorpark resident, spoke in opposition to allowing vehicular and pedestrian access through McFadden and Cornett Avenues; and requested the height of the block wall be at least eight -feet. She urged the Council to reject the zone change in its present form. Rick Averill, a Moorpark resident, stated he wants to maintain McFadden and Cornett Avenues as quiet streets; a block wall to separate them from the new development is a must; he objects to the high density due to increased traffic impacts; there is a lack of sufficient parking due to adjacent baseball activities; and making Lassen Avenue a through street is not a good idea. Jerry Hatcher, a Moorpark resident, stated he is not opposed to commercial or single - family residential development, as long as there is no through traffic on McFadden or Cornett Avenues and there is a block wall to separate the project from adjacent residential. Jeff Baker, a Moorpark resident, stated traffic is already backed up on Poindexter Avenue and he is opposed to opening McFadden or Cornett Avenues. He Minutes of the City Council Moorpark, California Paqe 16 September 1, 2004 stated he has no problem with the eight -foot block wall. Will Whitaker, a Moorpark business owner, spoke on behalf of his father, a resident of Cornett Avenue. He described the Birkenshaw family's previous efforts to have their property zoned C -2 commercial and now they want to have it re -zoned to increase the value. Mr. Whitaker stated the negative effects outweigh the positive; there will be more traffic, more noise, and the life style of the residents on Cornett and McFadden Avenues would not be impacted as much if left as C -2 development. He encouraged the Council to take extra care in considering this application. Maria Irene Arambula, a Moorpark resident, stated she wants to keep the neighborhood the same; and requested the Council consider this carefully. In response to Mayor Hunter, Ms. Traffenstedt summarized three Written Statement cards, one from Victor Channell in opposition and two others in favor of the proposal from Armando Aguirre, and Debra Ryono, representing the Historical Society. She stated copies would be provided to Council. In response to Mayor Hunter, Mr. Hogan stated there are three to three and one -half units per acre in the R -1 zone to the north and approximately seven units per acre in the proposed plan. In response to Mayor Hunter, Mr. Borstein stated if the density of the proposal were to remain consistent with the neighborhood to the north, there would have to be a trade -off between historic preservation and the density on the site; this proposal dedicates 1.2- acres of the site to remain undeveloped so the Birkenshaw house is not torn down; this is not a windfall project with only 70- units; if density is reduced significantly, the proposal would not be financially feasible; however, they are willing to take into account some considerations. He continued by stating traffic is a major concern; they envision zero pedestrian and zero vehicular traffic going into the neighborhoods on McFadden and Cornett Avenues; 120 guest parking spaces have been allocated for the 70 homes, which is in excess of the zoning requirement; Minutes of the City Council Moorpark, California Page 17 September 1, 2004 no apartment buildings are planned for the site; if the property owners were only concerned with profit, they would have considered tearing down the Birkenshaw house and building a shopping center; and this proposal is for approximately 7.8 units per acre. Councilmember Mikos stated many of the public's comments are similar to those she and Mayor Hunter made in Affordable Housing /Community Development Committee meetings. She continued by stating the only thing that would go forward from this meeting would be a thorough analysis of the possibilities for the site; it appears the applicant is willing to work with the neighbors; and she appreciates the public participation. Councilmember Millhouse stated it is encouraging to see everyone here at the meeting, which is what makes Moorpark great; he regrets the public was needlessly alarmed by the notification of this hearing; this applicant wants to consider the site, which is currently zoned commercial, as residential, without changing the character of the neighborhood; and they will have to show substantial public benefit before Council will consider approving the project. He ended by stating it does not hurt to look at the proposal, as there are benefits to preserving the Birkenshaw house. Councilmember Harper stated an extension of Lassen Avenue does not make sense; and they do need to look at the preservation of the Birkenshaw house. He concurred with the applicant's statement that if the house is preserved, residential development would be better since commercial would be hard to develop with only 150 -feet of street frontage. In response to Councilmember Harper, Mr. Hogan stated approximately 15 -units per acre would be allowed under high density with approximately 105 -units per acre allowed under very high density; flexibility should be maintained in looking at alternatives for the site; Council could lower the density allowed, keeping in mind the applicant states 70 -units are needed to make the development viable; and consideration should be given to how the Birkenshaw house will be preserved, utilized, and maintenance funded. Minutes of the City Council Moorpark, California Paae 18 September 1, 2004 Councilmember Harper stated he does not think very high density is compatible with the adjacent neighborhood and 50 -units should make the project viable. Councilmember Parvin stated she was glad the residents shared their thoughts; the site would be better zoned for residential than commercial; and the density should be explored. Mayor Hunter stated it was the Committee's responsibility to make a recommendation to Council and to allow staff to evaluate the application; preserving the Birkenshaw home is an absolute; the proposed site plan is far too dense and 56 -units would be more compatible with adjacent housing; there should be no access to McFadden and Cornett Avenues; he can no longer support a designation of very high or high density; and is more inclined to go with R -1, which drops the number of units down to the mid -50 range. In response to Councilmember Mikos, Mr. Hogan stated Council has discretion over whatever range of density they choose and cautioned not to prejudge the proposal prior to the application. Councilmember Mikos concurred with the other members of the Council that extending Lassen Avenue does not make sense as it would exacerbate the existing traffic problems. Mr. Kueny stated the City's definitions of density are on the low side; high density here would probably be only seven -units per acre; and recommended the flexibility of a high density be allowed so the applicant can show how they can achieve that number. He reminded Council that 150 of the units would be affordable, which makes the viability even harder to achieve. In response to Mayor Hunter, Mr. Hogan confirmed R -1 restricts development to single- family detached units, while in the high and very high density range that restriction is not present. Minutes of the City Council Moorpark, California Page 19 September 1, 2004 Councilmember Millhouse expressed concern about limiting staff from the start and flexibility should be allowed to see what the development possibilities could be. Councilmember Harper stated he would find it difficult to move forward with a very high density designation, but high density would be all right along with the ability to ask for a density bonus. Mayor Hunter closed the public hearing. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to: 1) Direct staff to accept a General Plan Amendment application for high density up to seven (7) units per acre, excluding the Birkenshaw house, provided all other necessary entitlement applications are filed concurrently; and 2) Direct staff to come up with options taking into consideration public concerns and those of Council. In response to Councilmember Millhouse, Mr. Montes stated the statutory density bonus is 250, but the Council is not capped at 25% and could allow more given the required number of units are made affordable. In response to Mayor Hunter, Mr. Montes stated this same density bonus would apply in the R -1 zone. Mr. Kueny stated the Council's ability to negotiate a development agreement could affect the density bonus issue. The motion carried by voice vote 4 -1, Mayor Hunter dissenting. Councilmembers Mikos and Harper volunteered to serve on an Ad Hoc Committee for the project and development agreement. CONSENSUS: It was the consensus of the Council for Councilmembers Harper and Mikos to serve on an Ad Hoc Committee for the project and development agreement. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion for staff to bring back a future agenda Minutes of the City Council Moorpark, California Page 20 September 1, 2004 item to vacate Lassen Avenue right -of -way. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the Council recessed. The time was 10:32 p.m. The meeting reconvened at 10:51 p.m. 9. PRESENTATION /ACTION /DISCUSSION: B. Consider Approval of a Phase 1 Feasibility Study Related to the Possible Construction of the Drain No. 2 Trail Segment (Project 8059). Staff Recommendation: Authorize staff to proceed with the Phase 1 report for the Drain No. 2 Feasibility Study. Mr. Gilbert gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to authorize staff to proceed with the Phase 1 report for the Drain No. 2 Feasibility Study. The motion carried by unanimous voice vote. C. Consider Adjustment to Moorpark City Council Compensation and Benefits. Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny gave the staff report. In response to Councilmember Mikos, Mr. Kueny stated mandated retirement participation is placed in a deferred compensation program; when a part -time employee or Councilmember leaves the City's employ they can take the compensation; and the PERS retirement for regular full -time employees is where the employee receives credit for years of service. Mayor Hunter commented Moorpark and the City of Fillmore are the only two cities in the county which do not receive the compensation being proposed. Councilmember Harper stated one advantage to giving some benefits for serving on the Council is it would encourage some people to run for office, such as a retiree who does not have benefits. Minutes of the City Council Moorpark, California Paae 21 September 1, 2004 In response to Councilmember Harper, Mr. Montes stated the benefits would commence for all Councilmembers at the beginning of the next term after the election results are certified and members are sworn into office. Councilmember Harper stated he would have no problem bringing Moorpark's benefit package in line with other cities. In response to Mayor Hunter, Councilmember Harper stated a benefits package and an increase in compensation are both possible since the city of Moorpark is on the low side in comparison to other cities' compensation. He stated for some members of the public it would be a financial hardship to donate this amount of volunteer time. Councilmember Millhouse stated this issue has not been dealt with since 1990; he would like to think Moorpark is at the forefront of progressive thought; the only other city without benefits is the City of Fillmore; if anyone feels strongly against it, they do not have to take the benefits; and he does not want to exclude those who wish to serve and leave the impression only the wealthy and insured can afford to serve on the Council. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. In response to Councilmember Harper, Mr. Kueny confirmed in the last census the City just missed the cutoff for increasing compensation by 200 residents. In response to Councilmember Harper, Mr. Montes stated Council is entitled to escalate the $300 monthly salary they receive at a rate of 5% per year; this has not occurred since 1990 and if implemented would total more than the current salary combined with the possible cash out option of $275 if you wanted to treat this as "compensation ". He continued by stating the $275 cash out is paid for having chosen the less expensive health insurance and can be characterized as a "benefit" to defray additional medical expenses. Minutes of the City Council Moorpark, California Paqe 22 September 1, 2004 Mr. Kueny stated the research staff conducted showed other cities are also treating the "cash -out" as a benefit not as compensation. A discussion followed between the Councilmembers and staff regarding the specifics of the benefit package with a maximum amount of $908.00 per month for medical insurance. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to initiate a Council insurance program for health (medical, dental, and vision) and life insurance benefits as approved for the competitive service regular full -time positions beginning January 1, 2005, and schedule a future budget amendment if required. Mayor Hunter queried the Council as to any concern they are entitled or not entitled to the same level of benefits provided to full -time employees. Mr. Montes stated there is a legal limitation on the types of benefits that a Council can give to itself; the Council cannot derive or generate their own benefit plan, but must use the same plan that a large number of employees are already receiving. The motion carried by voiced vote 3 -1 with Mayor Hunter dissenting and Councilmember Mikos abstaining. CONSENSUS: It was the consensus of the Council to take no action on salary compensation. D. 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 to add a Pre - Retirement Optional Settlement 2 Death Benefit. Staff Recommendation: 1) Adopt Resolution of Intention No. 2004 -2232; 2) Waive full reading and introduce Ordinance No. 305 for first reading; and 3) Direct that second reading of the ordinance shall occur on October 6, 2004. Ms. Traffenstedt gave the staff report. Minutes of the City Council Moorpark, California Paqe 23 September 1, 2004 In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adopt Resolution of Intention No. 2004 -2232. The motion carried by unanimous voice vote. Mr. Montes read the title of Ordinance No. 305. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to waive full reading and declare Ordinance No. 305 read for the first time. The motion carried by unanimous voice vote. E. Consider Sale of Surplus, 1,500 Square Foot Metal Building at Ventura County Waterworks Equipment Yard - 7150 Walnut Canyon Road, Moorpark, California. Staff Recommendation: Declare as surplus property and approve the sale of 1,500 square foot building located on leased property at 7150 Walnut Canyon Road. Mr. Riley gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to declare as surplus property, and approve the sale of the 1,500- square foot building located on leased property at 7150 Walnut Canyon Road. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of Item 10.0., which was pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Special Meeting of July 7, 2004. Consider Approval of Minutes of Special Meeting of Julv 21. 2004. Consider Approval of Minutes of Special Meeting of Julv 28, 2004. Minutes of the City Council Moorpark, California Page 24 September 1, 2004 Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - September 1, 2004. Voided Warrants 116908 & 116913 - 116915 $ 0.00 Regular Warrants 116768 - 116834 $ 166,485.23 116905 - 116937 $ 548,420.06 117047 - 117056 $ 132,449.21 Staff Recommendation: Approve the warrant register. C. Consider Approval of Warrant Register for Fiscal Year 2004 -2005 - September 1, 2004. Manual Warrants 116767 $ 70.00 116901 - 116902 $ 2,722.41 116903 - 116904 $ 15,059.52 Voided Warrants 116741 & 116848 $ (1,098.35) & 116861 Payroll Liability 116762 - 116766 $ 1,883.28 Warrants 116897 - 116900 $ 947.78 117042 - 117046 $ 1,878.78 117164 - 117168 $ 1,878.78 Regular Warrants 116835 - 116896 $ 520,252.77 116938 - 117041 $ 482,722.88 117057 - 117163 $ 57,798.81 117169 - 117184 $ 219,430.63 Staff Recommendation: Approve the warrant register. D. Consider Purchase of Online Registration Software System for Recreation Programs. Staff Recommendation: Approve the purchase of RecWare Safari Software System. E. Consider Resolution Amending the Fiscal Year 2004/05 Budget to Fund Parkway Tree and Sidewalk Replacement of Tierra Rejada Road (Project 8033). Staff Recommendation: Approve the subject project and adopt Resolution No. 2004 -2233. ROLL CALL VOTE REQUIRED Minutes of the City Council Moorpark, California Page 25 September 1, 2004 F. Consider Request from Moorpark Girls Softball for Use of Snack Bar for Winter League. Staff Recommendation: Approve the request from Moorpark Girls Softball to use the snack bar adjacent to the ball fields at Arroyo Vista Community Park on Sundays as outlined in the agenda report and authorize the City Manager to execute an amendment to the City's Agreement with Moorpark Girls Softball documenting this action. G. Consider a Two -Year Contract with Videomax Productions, Inc. for Provision of Cable Government Channel Production, Operations, Maintenance, and Related Services, and Consider a Resolution Amending the FY 2004/2005 Budget to Provide for New Digital Signage Equipment for the City's Cable Access Channel. Staff Recommendation: 1) Approve a two -year agreement with Videomax Productions, Inc., effective July 1, 2004, subject to final language approval by the City Manager and City Attorney; 2) Approve Resolution No. 2004 -2234. ROLL CALL VOTE REQUIRED H. Consider Award of Contract to Cosco for Computer Room Fire Suppression System. Staff Recommendation: Award a contract to Cosco Fire Protection and authorize the City Manager to execute the agreement on behalf of the City. I. Consider Resolution Amending the Fiscal Year 2004/05 Adopted Budget to Design a Backup Power System for Arroyo Vista Recreation Center. Staff Recommendation: Adopt Resolution No. 2004 -2235, amending the FY 2004/05 budget by appropriating $5,500 from the General Fund Reserve to the AVRC Backup Power Project. ROLL CALL VOTE REQUIRED J. Consider Budget Amendment to Prepare a Tree Maintenance Plan. Staff Recommendation: Adopt Resolution No. 2004 -2236, amending the FY 2004/05 budget by appropriating $7,000 from the General Fund Reserve for the preparation of a Tree Maintenance Plan. ROLL CALL VOTE REQUIRED K. Consider Closure of the West End of Charles Street and the West End of Everett Street at Moorpark Avenue. Staff Recommendation: Staff and the Transportation and Streets Committee (Councilmembers Harper and Minutes of the City Council Moorpark, California Page 26 September 1, 2004 Millhouse) recommend no further efforts be taken to implement the subject proposed street closure. L. Consider Rejection of Claims: Wayne and Martha Rose; Elaine, Richard, Timothy and Zachary Penprase; Joe and Bonnie Mavaroles; Sang Unz and Linn Dang; Cindy and Scott Kroeber; Ray M. Hebel and Pamela M. Knitowski; Paul and Tamara Vertullo; Levin Valladares; Augusto, Soledad, Fortunata and Amparo Remulla; Harvey and Linda Plaks; Bruce and Della Brackett; James, Michelle, Lauren, Nicholas and Eric Petersen; Jack, Carrie and Mackenzie Davis; Mary Ann Jones; and Joseph and Frances Levy. Staff Recommendation: Reject the claims and direct staff to send a standard rejection letter to the claimants. M. Consider Reclassification of Two Secretary II Positions to Administrative Secretary. Staff Recommendation: Authorize reclassification of Assistant City Manager/ Redevelopment Agency and City Clerk's Department Secretary II positions to Administrative Secretary, effective with the pay period beginning on or after September 4, 2004. N. Consider Exoneration of Sureties for Southern California Edison Access Road Project East of Arroyo Vista Community Park. Staff Recommendation: Authorize the City Clerk to exonerate performance and grading sureties #6114920 and #6114921. P. Consider Professional Services Aareement between the City of Moorpark and Christopher A. Joseph Associates and Agreement between the City of Moorpark and Toll Brothers, Inc. for the Preparation of an Initial Study Related to General Plan Amendment No. 2003 -04, Zone Change No. 2003 -03, Tentative Map Nos. 5463 and 5464, Residential Planned Development Permit No. 2003 -04, and Residential Planned Development Permit No. 1994- 01, Modification No. 6. Staff Recommendation: Approve Professional Services Agreement for an amount not to exceed $83,088.00 with Christopher A. Joseph Associates and an Agreement with Toll Brothers, Inc. for the preparation of an Initial Study for General Plan Amendment No. 2003 -04 and related applications, subject to final language approval by the City Manager and City Attorney; and authorize the City Manager to sign the Agreement. Minutes of the City Council Moorpark, California Page 27 September 1, 2004 Q. Consider Approval of a Budget Amendment to Transfer and Appropriate Funds to Cover the Cost of a Grading Permit for a Fire Rebuild. Staff Recommendation: 1) Adopt Resolution No. 2004 -2237, amending the fiscal year 2004 -05 Community Development Budget, appropriating $8,000 from the Community Development Fund and $6,700 from the General Fund Reserve, for waiver of building permits and grading permit fees for the fire rebuild homes referenced in the agenda report; and 2) Authorize staff to implement the fee waiver for grading permit consistent with the agenda report. ROLL CALL VOTE REQUIRED R. Consider Resolution Authorizing Application for CalHome Funds for Affordable Housing Development and Authorizing City Manager to Execute all Documents Required to Participate in Program. Staff Recommendation: Adopt Resolution No. 2004 -2238. The following item was pulled for individual consideration. 0. Consider Waiver of Development Fees for the Corporation Yard Project. Staff Recommendation: Approve the waiver of development fees listed in the agenda report for the Corporation Yard Project. Councilmember Mikos stated she had this item pulled to discuss her objection to waiving the fees. She stated the City should be required to pay its way the same as developers, despite the fact that the funds are just moving from one account to another. Mr. Kueny stated staff disagrees, the City does not charge back the administrative fees for these funds, and these are exempt from the City's overhead. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Mikos moved to have the City pay development fees for the Corporation Yard Project. The motion died due to lack of a second. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive the development fees for the Corporation Yard Project. The motion carried by voice Minutes of the City Council Moorpark, California Paqe 28 September 1, 2004 vote 3 -2, with Councilmembers Mikos and Millhouse dissenting. AT THIS POINT in the meeting, Mr. Montes stated there was a need to return to Item 9.C. on the agenda. 9. C. Consider Adjustment to Moorpark City Council Compensation and Benefits. Staff Recommendation: Direct staff as deemed appropriate. A discussion followed regarding new information researched by Mr. Montes, which disclosed the requirement to adopt an Ordinance in order to implement the benefit adjustment directed by the Council. AMENDED MOTION: Councilmember Millhouse moved and Councilmember Harper seconded an amendment to the previous motion to add the direction for staff to prepare and bring back an Ordinance to implement the benefit adjustment. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the agenda continued with Item. ll.A. 11. ORDINANCES: A. Consider Ordinance No. 303, An Ordinance of the Cit of Moorpark, California, Amending Chapter 5.06 "Moorpark Cable Television Ordinance ". Staff Recommendation: Declare Ordinance No. 303 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 303. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to waive further reading, declare Ordinance No. 303 read for the second time, and adopted as read. The motion carried by unanimous voice vote. 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session discussion of Items 12.D., 12.E. and 12.F. on the agenda. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adjourn to closed session for a discussion Minutes of the City Council Moorpark, California Page 29 September 1, 2004 of Items 12.D., 12.E. and 12.F. on the agenda. The motion carried by unanimous voice vote. The time was 11:19 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. 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 F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: 45 E. High Street (APN 512 -0- 091 -080) City Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Janss IV Recreation Inc. (Larry Janss) Under Negotiation: Price and terms of payment Following a brief recess, the Council reconvened into closed session at 11:25 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. Ms. Lindley left the closed session at 12:05 a.m. The Council reconvened into open session at 12:16 a.m., September 2, 2004. Mr. Kueny stated Items 12.D., 12.E. and 12.F. were discussed; there was no action to report for Items 12.D. and 12.E., and for Item 12.F., the City Council appointed an ad hoc committee consisting of Councilmembers Harper and Mikos. Minutes of the City Council Mooroark, California Paae 30 September 1, 2004 13. ADJOURNMENT: Mayor Hunter adjourned 2, 2004. ATTEST: Deborah S. Traffenst City Clerk r