Loading...
HomeMy WebLinkAboutMIN 1988 1219 CC ADJMINUTES OF THE ADJOURNED CITY COUNCIL AND JOINT MEETING OF THE CITY COUNCIL AND THE PIJ \NNING COMMISSION Moorpark, California December 19, 1988 The adjourned meeting of the City Council of the City of Moorpark was held on December 19, 1988 at 6:30 p.m. in the Council Chambers of City Hall located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: The Meeting was called to order at the hour of 6:40 p.m. by Mayor Eloise Brown. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Harper. 3. ROLL CALL: Present: Councilmembers Clint Harper, Paul Lawrason, Scott Montgomery, Bernardo Perez and Mayor Eloise Brown. Steven Kueny, City Manager; Patrick Richards, Director of Community Development; Richard Hare, Deputy City Manager; Susan Cauldwell, Administrative Assistant; Dennis Delzeit, City Engineer; Lt. Richard Rodriguez, Sheriff's Department; and Sally Coons, Secretary. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL. PRESENTATIONS: No proclamations, commendations or special presentations were made. 5. REORDERING_OF�AND ADDITIONS TO, THE AGENDA; City Manager Kueny corrected a clerical error on the Agenda, advising that Agenda Item 7. Committee Reports was inadvertently omitted and should be added. 6. PUBLIC COMMENTS: None 7. COMMITTEE REPORTS: Minutes of the City Council Moorpark, California Page 2 December 19, 1988 Councilmember Harper advised that he, Mayor Brown and City Manager Kueny met with the School District regarding negotiations for the Casey Road Site. The report will be given in Closed Session. Councilmember Perez advised that he and Mayor Brown attended a luncheon meeting in Oxnard where Congressman Anderson was the speaker. Discussion centered on the Port Hueneme expansion. Mayor Brown provided a written report on her attendance at the City Selection and VCAG Executive Committee Meetings held on December 9, 1988. By Council concensus, Mayor Brown's suggestion to address a letter to each newly elected Commissioner of the Ventura County Transportation Commission supporting the retention of the TPPC was approved. Mayor Brown also provided a written report on her attendance at the Airport Land Use Commission, advising that this Commission will be dissolved into the newly Formed Ventura County Transportation Commission. 8. CONSENT CALENDAR: Roll Call Vote Required. MOTION: Upon motion by Councilmember Harper, seconded by Councilmember Montgomery, the following items were approved by a unanimous roll call vote: A. Approval of Warrant Register 1987/88_ - Payable Warrant No 7942 $ 300.63 B. Approval of Warrant Register 1988/89: - Prepaid Warrants Nos. 7844,7857,7860, 7928,7930 -7936 $498,195.22 - Payable Warrants Nos. 7943 -7999 $218,102.67 C. Consider approval of minutes for the _Special p cial Meeting of the City Council held December 7, 1988. Staff recommended the minutes be approved as presented. D. Consider approval of minutes_ for the Regular Meeting of the City Council held December 7, 1988_._ Staff recommended the minutes be approved as presented. G. Consider the approval o_f_an agreement to construct improvements and approval of Final MaR.for LDM -10 (West America). Staff recommended approval of the final map and authorization for the Mayor to sign the agreement. H. Consider City_ response___- to_ Alcoholic Beverage Control Board concerning liquor license application for 496 _Moorpark Avenue Lantern House Restaurant)_. Staff recommended the report be received and filed. Consider particip_ation__in formation of JPA with other county cities to pursue...-return of _drunk_ driving fines to cities. Minutes of the City Council Moorpark, California Page 3 December 19, 1988 Staff recommended participation be authorized and the joint powers agreement be approved; that the Mayor be authorized to sign; and that $1,200 be appropriated from the General Fund Reserve. The following items were pulled for individual consideration by the Council: E. Consider Status Report on Tract 2865 (Pacifica) Booster Pump Station. Staff recommended the report be received and filed. City Manager Kueny advised that some discussion has transpired between City Council member( s) and Mr. Goulet (Public Works Department of Ventura County) concerning the pump station block wall being removed at the appropriate time at City expense. Councilmember Harper advised that he felt this was a reasonable compromise since the City requested the block wall. Mayor Brown commented that the Water District would be obligated to remove the wall if it were any other construction, such as chainlink. By concensus of the Council, this item is to be placed on the January 4, 1989 Agenda for consideration. MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to receive and file the report. The voice vote was unanimous. F. Consider reduction of bonds for Tract 2865 -1 (Pardee). Staff recommended that the Performance and Payment Bond be reduced to $200,000; and the Grading Bond to $350,000. In response to concerns expressed by Councilmember Lawrason regarding the remaining work, Director of Community Development Pat Richards advised that the exterior stucco facing to be applied to the wall along the north side of Tierra Rejada Road will be a two -coat application, and that Staff is satisfied with the structural integrity of the wall. MOTION: Councilmember Lawrason moved and Councilmember Perez seconded a motion to authorize the City Clerk to reduce Performance and Payment Bond No. 400FJ3559 from $580,000 to $200,000; and to reduce Grading Bond No. 400FJ3556 from $483,000 to $350,000. The voice vote was unanimous. 9. PUBLIC HEARINGS: No public hearings were held. 10. COMMENTS FROM COUNCILMEMBERS: Councilmember Harper advised that there was a recent article in the Moorpark News concerning the safety of school children on Route 118. Minutes of the City Council Moorpark, California Page 4 December 19, 1988 He suggested this item be referred to the Public Works Committee for study and resolution for the Council's consideration. Discussion included the need to work closely with the school district on this problem. By concensus, this item was referred to the Public Works Committee, to be agendized in the future when the Committee has completed its study and made a recommendation for the Council's consideration. Councilmember Perez requested that Staff determine the status of replacing the current "yield" sign located on Tierra Rejada Road and Moorpark Road with a "stop" sign. Mayor Brown questioned the placement of the "no right turn on red" sign located near the intersection of Spring Road, High Street and Los Angeles Avenue. She advised that vehicles traveling east on High Street cannot see the sign. City Engineer Delzeit advised that Caltrans has been requested to relocate that sign, however he conjectured that it probably turned as a result of the recent high winds. Mayor Brown advised that the City of Carpenteria charges insurance companies for traffic investigation and accident reports. She questioned whether Moorpark is doing this, and if not, can this system be implemented. Staff to check with the Sheriff's Department and report back. 11. DISCUSSION /ACTION ITEMS: A. Discussion of City. activities/projects. cts. Staff Recommended consideration of priorities for the Community Development Department. By concensus, the Council deferred this item for discussion during the joint meeting with the Planning Commission. B. Consider Council attendance at_ League of California Cities sponsored wo_rkshops: Staff recommended attendance be authorized _ at selected workshops. 1. 1989 Mayors and Council Members Orientation_ Institut (January 25-27,_.-1989-..--.--,San Jose)_ 2. City Council_ - City Manager Leadership Team Workshop (January_18 -20, 1989 - Lake Arrowhead . Mayor Brown and Councilmembers Lawrason and Perez indicated their desire to attend the 1989 Mayors and Council Members Orientation Institute (January 2.5 -27, 1989) in San Jose. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to approve the attendance of any of the Councilmembers at the Orientation Institute with attendance at the Minutes of the City Council Moorpark, California Page 5 December 19, 1988 Team Leadership Workshop considered at a later date. The voice vote was unanimous. 12. ORDINANCES: A. Ordinance No. 104. _ A _proposed ordinanc_e re ulating smoking in public 1p aces and places of employment, specifying exemption providing implementation__reguirements, and making findings of fact in support thereof. Staff recommended approval of the proposed ordinance for second reading and adoption. City Manager Kueny read Ordinance No. 104 in title only. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to read the Ordinance in title only. The voice vote was unanimous. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to declare Ordinance No. 104 read for the second time and adopted as read. The voice vote was unanimous. B. Ordinance No. 105._Aprpposed ordinance adopting a new Zoning Map for the CitL%_ Staff recommended approval of the proposed ordinance for second reading and adoption. City Manager Kueny read Ordinance No. 105 in title only. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to read the Ordinance in title only. The voice vote was unanimous. MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to declare Ordinance No. 105 read for the second time and adopted as read. The voice vote was unanimous. 13. FUTURE AGENDA ITEMS: No future agenda items were requested. 14. CLOSED SESSION: MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to go into Closed Session under items: 14.A. - Personnel; 14.B. - Negotiation for real property at 280 Casey Road (former high school site) pursuant to Government Code Section 54956.8; and 14.D. - Negotiation for real property on a portion of Community Focus area of PC-•3 pursuant to Government Code Section 54956.8. The voice vote was unanimous. The time of adjournment to Closed Session was 7:09 p.m. All Councilmembers plus Steven Kueny, City Manager were present. The City Council reconvened into open session at the hour of 7:38 p.m. City Manager Kueny advised that there was no action to report Minutes of the City Council Moorpark, California Page 6 December 19, 1988 as a result of the closed session. Mayor Brown declared a five minute recess before reconvening into a joint meeting with the Planning Commission. 15. JOINT MEETING WITH PLANNING COMMISSION: Chairman Holland called the meeting of the Planning Commission to order at the hour of 7:43 p.m. Present: Commissioners William Butcher, Bill Lanahan, Glen Schmidt, John Wozniak and Chairman Holland. Mayor Brown called the joint meeting of the City Council and Planning Commission to order at the hour of 7:43 p.m. The roll call from the City Council Meeting stood. A. Status of work on General Plan n - Update and Carlsberg Specific Plan -- - — - - -- - - - -.- -- — Mayor Brown advised that the City Council has referred the proposals received on both the General Plan Update and the Carlsberg Specific Plan to the Council's Community Development Committee for review and recommendation by the second meeting in January, 1989. Public Comments: By concensus the Council suspended its rules and recognized Mr. Patrick Kilmartin (4497 Clearcreek Court, Moorpark). Mr. Kilmartin advised that he owns Pat's CB and Stereo located on High Street in Moorpark. He recently made a 180 square foot addition to his building, which did not extend beyond the existing roofline. He advised that the City Staff -is requiring him to obtain a Commercial Planned Development Permit at a cost of between $1,200 and $1,600 to which he objects. B. Commercial Planned Development Permits and Legal Nonconforming Conversions _or Expansions. A report regarding when a Commercial Planned Development Permit is required. Director of Community Development Pat Richards advised that as the City continues to develop its commercially zoned property, there are more and more requests to convert existing structures or expand businesses which are currently operating under a legal nonconforming section of the City's Zoning Code. Staff requires direction from the Council regarding the disposition of these types of requests. City Manager Kueny advised that the current process is to require a Commercial Planned Development Permit (CPD) for all conversions or expansions. He suggested that the Council give guidance to the Planning Commission so that Staff will have clear direction in handling these types of requests. Minutes of the City Council Moorpark, California Page 7 December 19, 1988 Discussion included the observation that the Zoning Ordinance should be amended to address the "smaller" requests for expansion or conversion; and that some other process should be established other than CPO's for these "smaller" alterations. Discussion also included possible ways to put time limits on non - conforming uses. Consideration was given to possibly lowering the cost of the CPD permit for the "smaller" alterations, but not eliminating the process. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to direct the Planning Commission to conduct a review of the processes within the City's current Zoning Ordinance with particular attention to the legal conforming and legal non - conforming uses and any other conditions and report back to the City Council; and further that Staff supply methodology and information from various similar -sized cities on this issue. MOTION AMENDMENT: Councilmember Lawrason amended the motion to include that the Planning Commission look specifically at conversions of existing business structures. The maker and second of the motion concurred with this amendment. MOTION VOTE: The voice vote was unanimous. By concensus, Staff was directed to come back to the Council with an interim measure to deal with requests currently before the City at this time. C. Signage in the Downtown Area. Regulatory signage pertaining to commercial signs in the downtown area and the use of sandwich / "A" frame signs. Director of Community Development Pat: Richards advised that regulation of commercial signs in the downtown area is needed if some form of overall theme is to be achieved. He also noted that the draft Downtown Plan addresses signage, including the placement, size, materials and type face. Discussion generally focused on the use of "A" frame signs and the downtown area signage in general. After considerable discussion, the Council concurred to refer the matter of signage to the Community Development Committee as part of their study and review of the Draft Downtown Plan; and for the Committee to return to the Council with a recommendation. D. Residential Lot Coverage. Lot coverage vs. lot size. Director of Community Development Pat Richards advised that the regulation of lot coverage vs. lot size can be accomplished in three ways: 1) Bulk regulations; 2) Floor area regulations; and /or 3) Residential Planned Development permit processing. Discussion included the possibility of making more stringent standards regarding residential lot coverage and putting the Minutes of the City Council Moorpark, California Page 8 December 19, 1988 burden on the developer to justify any deviation. Discussion also included what effect such standards may have on the cost of homes. Councilmember Harper referred the Councilmembers and Commissioners to testimony in the B.I.A. Case where developers have stated that the cost of development is not the basis used in setting the price of a new home. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to refer this item to the Planning Commission for review and recommendation to the Council. The voice vote was unanimous. E. Assembly Bill No. AB 1600. AB 1600 requires all agencies to comply with establishing requirements for increasing, or imposing a fee as a condition of approval on development projects. By Council concensus, the report was received and filed. F. Boutique Sales, etc. in Residential Zone Areas. Potential impact, traffic circulation, permit issuance and enforcement. Director of Community Development Pat Richards advised that Christmas Boutiques or craft sales do not currently pose a serious problem to the City. However, the present Code does not legally allow them to operate. Should the City desire to allow such uses, some type of permit process should be established. Discussion included the possible modification of the Home Occupation Ordinance to regulate boutique sales, including what signage would be allowed in conjunction with this usage. Discussion also included a similar regulation on garage sales where one or two would be categorically exempt from the permit process, however more than a minimum number would require completion of the entire process including notification of neighbors. By Council concensus, Staff was directed to make modifications to the Home Occupation Ordinance to address these items, and to return the proposed modifications, approved by the City Attorney, to the Council for consideration within one year. G. Comments by Council and Planning__Commission Commissioner Lanahan requested that the Council and /or Staff supply the Planning Commission with an agenda prioritization of where the City is going in the next year. Commissioner Schmidt requested that the Council pass to the Planning Commission only selected items which are considered to be important for the Commission to address so that time will be used most beneficially. He also expressed concern regarding capacity at the sewer plant. Minutes of the City Council Moorpark, California Page 9 December 19, 1988 Commissioner Butcher advised that he considered the Disaster Plan to be a high priority item. Commissioner Wozniak requested that the Hillside Ordinance be placed high on the priorities of the Community Development Department so that it gets in place as soon as possible, before it becomes a moot issue. Chairman Holland categorized the top three priorities as being: 1) the General Plan; 2) the Downtown Plan; and 3) the Zoning Ordinance. He further commented that a Public Facilities Element should be a part of the General Plan. 11.A. Community Development Department - Activities /Projects City Manager Kueny advised that the list of Community Development Activities /Projects were set by the previous Council. He suggested that the Planning Commission look at them, make comments and suggestions, and that it then be returned to the Council for modifications if desired. Councilmember Harper stressed the high prioritization of the Hillside Ordinance and the Local Planning Ordinance. Mayor Brown directed that the Planning Commission bring forth anything it considers to be a high priority which can realistically be accomplished in the near future for the Council's consideration. ADJOURNMENT OF PLANNING COMMISSION MOTION: Upon motion by Commissioner Butcher, seconded by Commissioner Schmidt, the Planning Commission Meeting was adjourned at the hour of 10:12 p.m. 14. CLOSED SESSION: MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to go into Closed Session under items 14.A. - Personnel; 14.B. - Negotiation for real property at 280 Casey Road (former high school site) pursuant to Government Code Section 54956.8; and 14.D. - Negotiation for real property on a portion of Community Focus area of PC -3 pursuant to Government Code Section 54956.8. The voice vote was unanimous. The time of adjournment to Closed Session was 10:13 p.m. All Councilmembers plus City Manager Kueny were present. The Council reconvened into open session at 12:08 a.m. City Manager Kueny announced, concerning Agenda Item 14.D. (Negotiation for real property on a portion of Community Focus area of PC -3 pursuant to Government Code Section 54956.8), that Councilmembers Montgomery and Perez and himself have been designated by the Council as the City's negotiators with UWC concerning this matter. Minutes of the City Council Moorpark, California Page 10 16. ADJOURNMENT: December 19, 1988 MOTION: Upon motion by Councilmember Perez, seconded by Councilmember Harper, the meeting of the City Council was adjourned at the hour of 12:09 a.m. ATTEST: Eloise Brown, Mayor flouglas Holland, Chairman of :he Planning Commission