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HomeMy WebLinkAboutMIN 2003 1001 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California October 1, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on October 1, 2003, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7:11 p.m. 2. PLEDGE OF ALLEGIANCE: Kenneth Gilbert, Public Works 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; Kenneth Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Cynthia Borchard, Administrative Services Director; Walter Brown, City Engineer; Captain Richard Diaz, Sheriff's Department; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Blanca Garza, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation declaring October 1 to October 12, 2003, Celebration of the Arts in Ventura County. Mayor Hunter presented the Proclamation to Margarita Riley and Penny Paterson, members of the Moorpark Arts Commission. Ms. Riley thanked the Council and provided information on local arts and musical events in Moorpark. She introduced Becky Stewart from Walnut Canyon Elementary School who led the Walnut Canyon Chorus in a drug prevention song. Minutes of the City Council Moorpark, California Page 2 October 1, 2003 B. Proclamation declaring October 6 to October 10, 2003, Rideshare Week. Mayor Hunter presented the Proclamation to John Brand, Senior Management Analyst in the Community Services Department. C. Recognition of Debra Broussalian, Executive Secretary, for 15 Years of Service to the city of Moorpark. Mayor Hunter presented Debra Broussalian with a Certificate of Recognition for her 15 years of service to the city of Moorpark. Ms. Broussalian thanked the Council and the City for the recognition. She stated Moorpark is a wonderful place to live, work, and raise a family; and she appreciates the flexibility given to her by the City, which has enabled her continuous service. D. Recognition of Deborah Traffenstedt, Assistant to City Manager /City Clerk for 15 Years of Service to the city of Moorpark. Mayor Hunter presented Deborah Traffenstedt with a Certificate of Recognition for her 15 years of service to the city of Moorpark. Ms. Traffenstedt thanked the Council and stated she feels fortunate to live in and work for the city of Moorpark; and she enjoys the opportunities and challenges of her job, and the people with whom she works. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Millhouse requested Item 8.D. be reordered first under Public Hearings. CONSENSUS: It was the consensus of the Council the hear Item 8.D. first under Public Hearings. Mr. Kueny requested Item 10.F. be pulled from the Consent Calendar to be rescheduled for a subsequent meeting. Minutes of the City Council Moorpark, California Paae 3 October 1, 2003 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: None. CONSENSUS: It was the consensus of the Council to recess the City Council meeting and convene the Redevelopment Agency meeting after Item 8.D. 8. PUBLIC HEARING: D. Consider Minor Modification No. 1 to Major Modification No. 3 to Commercial Planned Development Permit (CPD) No. 89 -01 Requesting Approval of Two (2) Outdoor Swimming Pools, Restroom Facilities and a Recreation Area Associated with an Existing Health Club, Located at 543 West Los Angeles Avenue (Mission Bell Plaza). Staff Recommendation: 1) Open the public hearing, accept pubic testimony, and close the public hearing; and 2) Adopt Resolution No. 2003 -2129, approving Minor Modification No. 1 to Major Modification No. 3 to CPD No. 89 -01, subject to Conditions of Approval. Mr. Hogan gave the staff report and indicated there is only one Condition of Approval outstanding. In response to Councilmember Mikos, Mr. Hogan stated other than Moorpark Unified School District (MUSD) swim events, no outside activities are anticipated for the club; any requests for regular use by any other outside events would require a Modification or a Permit Adjustment, while a special event could be handled by a Temporary Use Permit; the interface improvements with Poindexter Park are part of Condition of Approval No. 5 on Stamped Page 63; and MUSD is looking at this use as a long -term, but not a permanent solution to their need for a swimming pool. A discussion followed among the Council and staff focusing on the impacts of traffic generated by this use in the surrounding neighborhood; sufficient parking for buses involved in swim meets; the possibility of closing the access driveway at Lassen Avenue once the traffic signal is installed at Shasta Avenue; the timing for installing the signal; and a future agenda item to reconsider the driveway after the signal is operating. Minutes of the City Council Moorpark, California Paae 4 October 1, 2003 Mayor Hunter opened the public hearing. Chris Henno, managing partner for Mavericks Sports Club, 107 Jefferson Avenue, Ventura, discussed their proposal and expressed concern regarding the interface with Poindexter Park being tied to the Certificate of Occupancy. Ms. Traffenstedt stated there were ten Written Statement cards in favor of the proposal. In response to Mayor Hunter, Mr. Hogan suggested the interface with Poindexter Park could be prior to or concurrent with the pool decking installation. In response to Mayor Hunter, Mr. Henno concurred with the change. CONSENSUS: It was the consensus of the Council to modify Condition No. 5 to allow the interface with Poindexter Park to be prior to or concurrent with the pool decking installation. Mayor Hunter closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to Adopt Resolution No. 2003 -2129, approving Minor Modification No. 1 to Major Modification No. 3 to CPD No. 89 -01, subject to Conditions of Approval, as amended to allow the change to Condition No. 5. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:47 p.m. The City Council meeting reconvened at 7:48 p.m. 8. PUBLIC HEARING: (continued) A. Consider Minor Modification No. 3 to Industrial Planned Development Permit No. 1993 -01, an Application for Seasonal Outdoor Storage on an Ongoing Basis within a Parking Area of an Existing Warehouse Facility Located at 709 and 700 Science Drive, on the Application of Aldik Artificial Flowers, Inc. (Continued from September 3, 2003, with public hearing open.) Staff Recommendation: Accept additional public testimony, and continue the agenda item with Minutes of the City Council Moorpark, California Paqe 5 October 1, 2003 the public hearing open to the November 5, 2003, City Council meeting. Mr. Hogan stated the applicant has requested a continuance to November 5, 2003. Mayor Hunter stated the public hearing remains open. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to continue this item with public hearing open to November 5, 2003. The motion carried by unanimous voice vote. B. Consider General Plan Amendment Pre-Screening Application No. 2003 -01 to Amend the General Plan Land Use Designation for Approximately 48.2 Acres of Land from Rural Low to Medium Density on the North Side of Casey Road, West of Walnut Canyon Road on the Application of 1 Moorpark LLC (Centex Homes and E. Mansi). Staff Recommendation: Direct staff to accept a General Plan Amendment application for the proposed project, provided a Zone Change application, Residential Planned Development Permit application, Tentative Tract Map application, and Development Agreement application are filed for concurrent processing. Mr. Hogan gave the staff report. Mayor Hunter opened the public hearing. Ron Gallagher, representing Centex Homes, 27200 Tourney Road, Valencia, stated he was available for questions. Richard Doss, civil engineer for the project, Pacific Coast Civil, Inc., 30141 Agoura Road, Agoura Hills stated he was available for questions. Susan Delgado, a Moorpark resident, expressed concerns regarding traffic on Casey Road and signalized access from Walnut Canyon Road. Mayor Hunter explained there will be another opportunity for the public to express their concerns Minutes of the City Council Moorpark, California Paae 6 October 1, 2003 when the project comes back to the Planning Commission and then the City Council. He stated this action is only to allow the applicant to file an application for a General Plan Amendment. Manuel Tessier, a Moorpark resident, expressed concern regarding the possibility of condemnation of his property and asked staff for input on this possibility. Mayor Hunter requested Mr. Tessier provide specific information to Mr. Hogan regarding his property for a future response. Ms. Traffenstedt stated there were two Written Statement cards in opposition to the proposal. A discussion followed among the Councilmembers focusing on concerns regarding compliance with the Hillside Protection Ordinance; expanding the boundaries of the study area to include adjacent properties; an improved circulation plan; and looking at the benefits of the project versus the drawbacks. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to: 1) Accept a General Plan Amendment application for the proposed project, provided a Zone Change application, Residential Planned Development Permit application, Tentative Tract Map application, and Development Agreement application are filed for concurrent processing; and 2) Staff to include a study of any other property considered appropriate by the Community Development Director for this project. The motion carried by unanimous voice vote. C. Consider General Plan Amendment Pre - Screening Application No. 2000 -02 to Amend the General Plan Land Use Designation for Approximately 42.4 Acres of Land on the East Side of Walnut Canyon Road, Adjacent to Championship Drive from Rural Low to Rural High on the Application of A. DeeWayne Jones (Birdsall Construction). Staff Recommendation: Direct staff to accept a General Plan Amendment application for the proposed project, provided the area for proposed Lots 3 through 6 is preserved as additional open space, and a Zone Change application, Residential Planned Minutes of the City Council Moorpark, California Page 7 October 1, 2003 Development Permit application, Tentative Tract Map application, and Development Agreement application are filed for concurrent processing. Mr. Hogan gave the staff report. In response to Councilmember Parvin, Mr. Hogan stated there were changes in the design resulting in a recommendation Lots 3 -6 be protected rather than Lots 3 -7. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. A discussion followed among the Councilmembers, the City Attorney, and staff focusing on the procedure and legality of conditionally filing an Open Space dedication for Lots 3 -6; the applicant's prerogative to ask for relief from a condition anytime during the application process; whether a decision should be made prior to having all of the facts; and the concern for moving forward on something that is not recommended. In response to Councilmember Mikos, Mr. Montes stated the Council has the legal authority to approve or deny the application, as well as to apply conditions for which lots can be included in the Open Space dedication. Kath McCunney, M3 Civil, 400 Rosewood, Camarillo, representing the applicant, stated the applicant has no objection to preserving biologically sensitive areas. Councilmember Millhouse stated he would not be in favor of conditioning the biologically sensitive areas without first having a study performed as would be done as part of this application moving forward. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to accept a General Plan Amendment application for the proposed project, provided the area for proposed lots 3 through 6 is preserved as additional open space, and a Zone Change application, Residential Minutes of the City Council Moorpark, California Paae 8 October 1, 2003 Planned Development Permit application, Tentative Tract Map application, and Development Agreement application are filed for concurrent processing. The motion carried by voice vote 4 -1, with Councilmember Millhouse dissenting. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider City Council Policy on Commenting on Development Projects before the Planning Commission. Staff Recommendation: Direct staff as deemed appropriate. Mr. Montes gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. A discussion followed among the Councilmembers and the City Attorney focusing on accepting written comments from Councilmembers on the CEQA process, and the existence of an independent Planning Commission not to be influenced by Council in their deliberations. CONSENSUS: It was the consensus of the Council for the City Attorney to prepare and present a draft policy on City Council comments on projects before the Planning Commission at a subsequent meeting. B. Consider the Public Review Opportunities for the North Park Specific Plan Project and Environmental Impact Report. Staff Recommendation: Direct staff as deemed appropriate. Mr. Hogan gave the staff report. Councilmember Mikos stated this is the first time the final decision for a project will be made by the voters of Moorpark and it is very important the public be well informed about the process. Kim John Kilkenny, representing North Park Village, L.P., 680 Walnut Street, Moorpark, concurred with the staff report and Council's desire to keep the public well informed. Pierce Verceur, a Moorpark resident, stated the (Environmental Impact Report (EIR) is not adequate and Minutes of the City Council Moorpark, California Page 9 October 1, 2003 asked staff if the Draft EIR could be rejected in order to halt the project from moving forward. In response to Mayor Hunter, Mr. Hogan explained the Planning Commission has the authority to reject the Draft EIR; and staff reviews the Draft EIR prepared under contract prior to public circulation. He stated staff does not believe the Draft EIR is inadequate; and response to comments will make the EIR better. Randy Griffith, a Moorpark resident and registered engineer experienced in environmental consulting focused on groundwater studies, stated most of the attention in the EIR was paid to surface water; over- draft of Fox Canyon Aquifer is an issue and the public receives two different versions on this issue in the EIR Appendix; CEQA allows for the option for recirculation; and asked staff to re- examine this issue. Mr. Hogan stated comments on ground water will be analyzed and if it is determined there is a significant issue requiring recirculation of the draft EIR, then staff will respond to the comments and make a decision. In response to Mayor Hunter, Mr. Hogan stated the response to comments would be 30 -45 days from September 25, 2003; the Council and Planning Commission will be provided with copies of all comments and responses on the Final EIR; and Planning Commission public hearings will be advertised. In response to Councilmember Mikos, Mr. Montes clarified that the Draft EIR document is circulated for public comments and these comments and the responses to the comments are appended to the Draft EIR and become what is known as the Final EIR, which is not actually final until it is certified. He also stated that until the Final EIR is certified, portions of it may still be re- circulated. In response to Mayor Hunter, Mr. Montes confirmed that the course of action being taken at this time is to collect all of the comments, make the responses, and then determine if portions of, or all of the Draft EIR may need to be re- circulated. Minutes of the City Council Moorpark, California Paae 10 October 1, 2003 Councilmember Mikos stated this explanation of the process is beneficial for those members of the public who have requested re- circulation of the EIR and may have misunderstood the Planning Commission's action to close the public hearing on the Draft EIR. Councilmember Millhouse stated the process is now very clear and staff has done an excellent job; discussion on the merits of the Draft EIR are inappropriate at this time and do not comply with the rules of procedure; and it may be beneficial to the public if a schedule of hearings for this process is made available. Councilmember Harper echoed Councilmember Millhouse's comments regarding staff's presentation and his comfort level with the public's ability to make comments on the Draft EIR even beyond the time frame required by law; a timeline would be an excellent and helpful tool; and it should be clear that the term Final EIR means nothing until it is certified. Councilmember Parvin stated staff has made it very clear how the process works; her observations of the Planning Commission's televised meetings did not leave her with an impression the public's comments were not taken seriously; and anyone who feels they have questions regarding the process should call City Hall. CONSENSUS: It was the consensus of the Council to take no action. 10. CONSENT CALENDAR: MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of Item 10.F., which was pulled to be rescheduled. The motion carried by unanimous roll call vote. A. Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - October 1, 2003. Manual Warrants 114013 - 114014 & $ 184.20 Voided Warrant 113909 & 113930 & $ (305.40) 114124 Minutes of the City Council Moorpark, California Paqe 11 October 1, 2003 Payroll Liability Warrants 114015 - 114019 $ 2,570.53 Regular Warrants 114020 - 114119 & $ 91,089.50 114120 - 114147 $ 968,316.09 Staff Recommendation: Approve the warrant register. B. Consider the Conversion of a Police Traffic Car to a Police Motorcycle; and Adoption of a Resolution Amending the Fiscal Year 2003/04 Budget to Allocate $21,788.45 from the General Fund for the Purchase of a Harley- Davidson Motorcycle. Staff Recommendation: Approve the purchase of one 2004 Harley- Davidson FLHTPI Electra Glide Police Motorcycle law enforcement motorcycle and communications equipment at a total cost of $21,788.45, and adopt Resolution No. 2003- 2130, amending the FY 2003/04 budget. ROLL CALL VOTE REQUIRED C. Consider Resolution Establishing the Fares for the City Transit Services, and Rescinding Resolution 2000- 1746. Staff Recommendation: Adopt Resolution No. 2003 -2131, establishing transit fares, and rescind Resolution 2000 -1746. D. Consider Resolution Rescinding Resolution No. 94 -1076 Pertaining to Parking Restrictions on Mountain Trail Street Near Moorpark High School and Establishing Revised Parking Restrictions on Said Street. Staff Recommendation: Adopt Resolution No. 2003 -2132. E. Consider a Resolution Amending the Fiscal Year 2003/04 Budget to Appropriate Additional Funds for the Moorpark Symphony Orchestra. Staff Recommendation: The Budget and Finance Committee and staff recommend the adoption of Resolution No. 2003 -2133, amending the FY 2003/04 Budget to appropriate an additional $2,500 to the Moorpark Symphony Orchestra. ROLL CALL VOTE REQUIRED The following item was pulled, and by consensus, the Council directed staff to reschedule this item for a subsequent meeting. Minutes of the City Council Moorpark, California Paae 12 October 1, 2003 F. Consider Approving an Increase to Architects Fee for the Corporation Yard Project and Adoption of a Resolution Increasing the Funds Budgeted for Project Construction. Staff Recommendation: 1) Approve the revised fee amount for architectural services for the Corporation Yard; and 2) Adopt Resolution No. 2003- , amending the Budget for this project. ROLL CALL VOTE REQUIRED 11. ORDINANCES: A. Consider Ordinance No. 296, an Ordinance of the Cit of Moorpark, California, Approving Zoning Ordinance Amendment No. 2003 -01, Amending Chapter 17.28 of the Moorpark Municipal Code Related to Home Occupations and Garage Sales and Deleting Chapter 5.88 of the Moorpark Municipal Code Related to Home Occupations, Boutique Sales and Garage Sales. Staff Recommendation: Declare Ordinance No. 296 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 296. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive further reading, declare Ordinance No. 296 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 for Item 12.B. (two cases), and Items 12.C. and 12.D. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to adjourn to closed session for a discussion of Item 12.B. (two cases), and Items 12.C. and 12.D on the agenda. The motion carried by unanimous voice vote. The time was 9:25 p.m. B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) Minutes of the City Council Moorpark, California Page 13 October 1, 2003 C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 511 -0- 090 -340, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and the Margaret Irene Gisler Cullen Trust Under Negotiation: Price and terms of payment D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, Assistant to City Manager /City Clerk, City Manager, City Attorney, City Engineer, Chief of Police, Administrative Services Director, Community Development Director, Community Services Director, and Public Works Director. Present in closed session were Councilmembers Harper, Mikos, Millhouse, Parvin and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; Mary Lindley, Community Services Director; Ken Gilbert, Public Works Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. Ms. Lindley left the meeting at 9:35 p.m. Mr. Gilbert left the meeting at 9:40 p.m. Mr. Kueny left the meeting at 9:50 p.m. The Council reconvened into open session at 10:10 p.m. Ms. Traffenstedt stated two cases under Item 12.B. and Items 12.C. and 12.D were discussed and there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned t] ATTEST: Deborah S. Traffenste City Clerk