Loading...
HomeMy WebLinkAboutMIN 1990 0117 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California January 17, 1990 A Regular Meeting of the City Council of the City of Moorpark, California was held on January 17, 1990 in the Council chambers of City Hall of said City, located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: The meeting was called to order at the hour of 7:34 p.m. by Mayor Lawrason. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Harper. 3. ROLL CALL: Present: Councilmembers Brown, Harper, Perez, Montgomery, and Mayor Lawrason. Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Pat Richards, Director of Community Development; Phil Newhouse, Director of Community Services; John Knipe, Assistant City Engineer; Susan Cauldwell, Administrative Assistant; Don Reynolds, Management Analyst; Lt. Rodriguez, Sheriff's Department; Ken Gilbert, Public Works Director; Virginia Pesola, Acting City Attorney; Debbie Traffenstedt, Senior Planner; and Lillian Kellerman, City Clerk. 4. PROCLAMATIONS• Proclamation declaring the anniversary of Kiwanis Club International and recognizing the services provided by the Moorpark Kiwanis Club. Mayor Lawrason presented the proclamation to Susan Wesner, President of the Moorpark Kiwanis Club. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to add the consideration of additional occupancies at Gateway Plaza (TOPA) as need for decision had arisen after the posting of the agenda. The motion carried by unanimous voice vote. Added as item 11.K. Minutes of the City Council 2 January 17, 1990 Moorpark, California 6. PUBLIC COMMENTS: A. Connie Lawrason, 4291 Ambermeadow Street, said she was concerned that the City was considering a U -turn at Spring Road and Los Angeles Avenue B. Paul Gienger, 1800 Avenue of the Stars, TOPA Management Company, asked the Council to allow more occupancy permits at the Gateway Plaza. C. Stan Cohen, 300 Esplanade Drive, Oxnard, spoke regarding the proposed Country Inn Motel, apartment complex and restaurant. D. Antonio Arambula, 10465 Stockton Rd., spoke regarding the "Granny Flat" he was building at 101 First Street and that he was not being given final approval. (Mrs. Vicki Perez provided translation from Spanish to English for Mr. Arambula.) Mr. Kueny indicated he would have staff look into the matter and report back to the Council. E. Linda Plaks addressed the Council speaking for Walt Dilg, United Methodist Church, regarding a World Hunger Walk on March 4, 1990. He asked that consideration be given to providing them with a parade permit and possibly a proclamation. F. Valerie Busby, 2801 Townsgate Rd., Westlake, of Cabot, Cabot, & Forbes, said she was available to answer any questions about item 11.A. G. Jackie Scott, 13205 Peach Hill Rd., asked that the Council amend Ordinance No. 53 to allow parking of commercial vehicles in driveways. H. Ron Scott, 13205 Peach Hill Rd., said that the bus that sat in front of his house was one that he used to transport handicapped people. He said that if it wasn't legal for him to park the bus near his home, he would need to find another job. I. Robert Moran, 13830 Meehan, of the Steeple Hill Homeowners Association, said that the homeowners were anxious to have a resolution about what to do and who to contact with regard to the chimney fire hazard. Minutes of the City Council 3 Moorpark, California January 17, 1990 J. Tru -Liang Hsieh, 12220 Shady Hollow Lane, Northridge, asked that his restaurant be allowed an occupancy permit for the Gateway Plaza. K. David Lorenzen, 13507 Candlewood Crt., told the Council that he didn't think alcohol should be allowed at the Community Center. L. Joseph Latunski, 289 Casey Rd., asked that item 9.B. be restricted to zoning issues only. M. Brenda Torres, 347 Ruth Ave., said that she was planning a wedding for March 7th at the Community Center and wanted to serve alcohol. She said it was too late to change her invitations and go elsewhere. N. Victoria Perez, 4237 Canario Ct., spoke to the Council regarding the Community Center rules and regulations. She gave the Council a comparison of rental fees in the area. She said that a rate and /or deposit increase would create a situation where poorer residents would not be able to afford the Community Center. 7. COMMITTEE REPORTS: Councilmember Brown reported that there would be a workshop on the 1/2 cent sales tax proposal on February 13th. She also reported on the Animal Regulation Commission. Councilmember Montgomery reported on the Ventura County Waste Commission. He said some very important issues were coming up in the County regarding waste. 8. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to approve the Consent Calendar Items except for Item 8.J. and the minutes of the Regular Meeting of December 20, 1990. The motion carried by unanimous roll call vote. A. Consider approval of the minutes of the Regular City Council Meeting of January 3, 1990. Consider approval of the minutes of the Special City Council Meeting of December 20, 1989. Consider approval of the minutes of the Special City Council Meeting of December 11, 1989. Minutes of the City Council 4 January 17, 1990 Moorpark, California Consider approval of the minutes of the Special City Council Meeting of December 6, 1989. Consider approval of the minutes of the Special City Council Meeting of December 4, 1989. Consider approval of the minutes of the Special City Council Meeting of November 27, 1989. Staff Recommendation: Approve the minutes as processed. B. Consider approval of the Warrant Register 1989190: - Prepaid Warrants Nos. 10896 -10899 10901 -10905 10960 -10964 $ 4,784.71 - Payable Warrants Nos. 10970 -11025 $321,875.41 C. Consider Approval of Proposed Pad Elevations - tract 4081 (Colmer) . Staff Recommendation: Approve pad elevations as submitted on the grading plan as being in substantial conformance with the revised Tentative Map. D. Consider U -Turn Movements at the Spring Road - New Los Angeles Avenue Intersection. Staff Recommendation: Receive and file. E. Consider Exoneration of Bonds and Acceptance of Public Improvements for Tract 2865 -1, 2 & 3 (Pardee). Staff Recommendation: Approve exoneration of the bonds and acceptance of the public improvements. F. Consider Establishment of Solid Waste Fund. Staff Recommendation: establish a Solid Waste Fund and authorize loan of $6,000 from General Fund. G. Consider Contract for Landscape Architectural Services for the Design of the Tierra Rejada Road medians. Staff Recommendation: Approve the contract and authorize the Mayor to execute. H. Consider Parks and Recreation Commission and Staff attendance at 42nd Annual California and Pacific Southwest Recreation and Park Conference in San Dieao March 15 -18. Staff Recommendation: Approve Commission and staff attendance at the conference. Minutes of the City Council 5 January 17, 1990 Moorpark, California I. Consider Membership of the Town of Agple Valley in the Southern California Joint Powers Insurance Authority. Staff Recommendation: Receive and file. The following items were pulled for individual consideration by the Council: A. Consider approval of the minutes of the Regular City Council Meeting of December 20, 1989. BY CONSENSUS: By Consensus the Council determined to continue consideration of the minutes of December 20, 1989 to the next Council meeting. J. CalTrans Street Improvements at Spring Road and High Street (Unocal 76). Staff Recommendation: Receive and file. Councilmember Perez said he felt follow -up with CalTrans was necessary on this matter. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to direct the Council Transportation Committee to pursue appropriate follow -up in the matter. The motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: A. Major Modification PD 348, A -Z Storage - A request for outside storage of recreational vehicles, U -haul trucks and trailers; a chancre in operating hours to include Sunday operation plus miscellaneous operation/ retail requests. Staff Recommendation: Deny major modification. Pat Richards went over the staff report indicating that the applicant wished to modify DP -348 to allow for outdoor storage of recreational vehicles, and to allow for the rental of U -haul trucks and trailers. The applicant also requests that the hours of operation and workdays be extended to include Sundays. Mayor Lawrason opened the public hearing. M.R. Thakar, 6831 Kings Harbor, Ventura, A to Z Self Storage, said that he was most interested in Sunday operation from the hours of 9 a.m. - 5 p.m. He said this is crucial to the continued success of the business. He said with regard to U -Haul, transporting Minutes of the City Council 6 January 17, 1990 Moorpark, California equipment would not be on site, only loading and unloading would occur. Janne Jones, 5040 -60 Goldman Ave. , A to Z Storage, said that since December they had been a dealer referral service for U -Haul and that if trucks were at the facility it was because they were bringing customer items to be stored. Paul Manniar, 18200 Chatham Lane, Northridge, A to Z Storage, said that he saw no need for the posting of a performance bond. Dinker Shah, 19107 Merion Dr., Northridge, A to Z Storage, said that other storage facilities are open on Sunday and it was hard to complete without Sunday hours of operation. Kathleen Lopez, 37 Shasta, said that the residents next to A to Z Storage had made many concessions. She expressed her concern over A to Z complying with not storing U -Hauls at the facility and with not extending the hours of Sunday operation to be more than 9 a.m. to 5 p.m. The Council discussed the height of the wall between the residents and A to Z Storage and if additional screening along the wall would be beneficial. William Mason, 437 Shasta, requested that the Council not allow Sunday hours of operation. Phil Mason, 437 Shasta, said that a performance bond should be required to insure compliance. M.C. Cooke, 11565 Poppyglen Court, said she had been using the facility since it opened and believed Sunday hours of operation should be allowed. L.C. Ciaramelli, 11565 Poppyglen Ct., said she was one of the users of the facility and Sunday operation would be a convenience for her. AT THIS POINT in the meeting a 15 minute recess was declared. The Council reconvened at 9:35 p.m. Mr. Thakar responded to public comment by saying that they had only been cited for one condition violation and have been very good neighbors. He said the wall height is good as it is and that the landscape, given Minutes of the City Council 7 January 17, 1990 Moorpark, California time, would grow. He said their fax machine was for business use during hours of operation. There being no other speaker cards, Mayor Lawrason closed the public hearing. The Council discussed that a pay phone and vending machine were alright as long as they were in the building. After further discussion, the following motion was heard: MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to approve 10:00 a.m. - 4:00 p.m. Sunday operation; no permanent storage of U -Haul trucks on the premises; fax to be for personal use during business hours only; new landscaping to be provided at the expense of the applicant and approved by the Director of Community Development; landscaping to provide for an effective visual barrier of the premises from the adjacent homeowners; landscaping material to be planted on homeowners' properties at their discretion after Director of Community Development meets with the homeowners to see if such plantings are feasible; increasing the height of the wall to be checked for feasibility; performance bond to be required in the amount of $10,000 and to direct staff to prepare a resolution approving the major modification with these conditions, the mitigated negative declaration and monitoring program for Council action. AMENDMENT TO THE MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to delay Sunday hours of operation until installation of the landscaping. The motion carried by unanimous voice vote. VOTE ON THE MAIN MOTION: The motion as amended carried by unanimous voice vote. 9. B. General Plan amendment GPA 88 -1A and Zone Change No. Z88 -2A (Latunski) - Amend General Plan Land Use Designation from Residential Low (5acre/ du) to Rural High (1 acre /du) and Revise Zoning from RE -5 acre to RE -1 acre for a 4.12 - acre property - (located at 289 Casey Road approximately 1800 feet north of Casey Road and 1500 feet west of Walnut Canyon Road.) Staff Recommendation: Deny the request. Ms. Traffenstedt gave the staff presentation. Mayor Lawrason opened the public hearing. Minutes of the City Council 8 Moorpark, California January 17, 1990 Joseph Latunski, 289 Casey Rd., said that potential development issues should not be considered only zoning. He said he was in the process of obtaining two legal accesses to his property which was one of the concerns of the staff. He said the County inappropriately down -zoned his property and he had been trying to get the zoning changed since that time. Don Fender, 14875 -C Campus Park Drive, said that Mr. Latunski was entitled to the zoning he had originally and he would support him in any legal action to obtain that zoning. John Lane, 12591 Crystal Ranch Rd. said that Mr. Latunski was entitled to have his property rezoned. Mr. Bill LaPerch, 7200 Walnut Canyon, said other developer requests will come before the Council if Mr. Latunski's rezone was approved but that Mr. Latunski's equity, not the precedent that was being set, should be considered. James Hartley, 5950 Gabbert, went over the background of the down - zoning. He said it was the proper thing for the community at the time. He said rezoning should take place through the general plan update at the expense of the applicant. Doug Frazier, 237 Sierra Avenue, said that all Mr. Latunski wanted was the zoning he started with originally. There being no other speaker cards, Mayor Lawrason closed the public hearing. Councilmember Harper said he would like the item tabled to see what would happen to the adjacent property when the general plan update was done. He said this could be done without requiring the applicant to apply again. Councilmember Perez said he would support a motion to continue the item to the next meeting for more information on access to the property. AT THIS POINT in the meeting a 10 minute recess was declared. The Council reconvened at 11:50 p.m. After further Council discussion the following motion was heard: Minutes of the City Council 9 January 17, 1990 Moorpark, California MOTION: Councilmember Montgomery moved and Mayor Lawrason seconded a motion to approve the negative declaration as presented in the staff report and direct the staff to prepare a resolution to approve a General Plan Amendment and zone change from RE -5 acre to RE -1 acre. The motion carried 3 -2, Councilmembers Harper and Perez dissenting. 11. DISCUSSION /ACTION ITEMS: A. Consider Development Permit No. 358. Cabot. Cabot and Forbes - A report regarding an expired entitlement permit. Staff Recommendation: Direct staff as deemed appropriate. Mr. Richards said that this item had been continued from the December 12, 1989 City Council Meeting and recommended that option #3 on the staff report from that meeting be approved, staff to be directed to meet with the applicant for the purpose of having an agreement to provide all revisions to the development site plan and conditions of development; the intent being the applicants acceptance of current fees and design standards. MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion to approve option #3 in the staff report. The motion carried by unanimous voice vote. BY CONSENSUS: By Consensus the Council determined to hear item 11.B. after 12. A. and 12. B. C. Consider Parking restrictions in the Vicinity of the Peach Hill Park. Staff Recommendation: Approve the concept of a Permit Parking Program. Mr. Knipe said he would forego the staff report and answer any questions. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to approve the staff recommendation to approve a permit parking program on Peach Hill Road effective only on Saturdays and Sundays from 8:00 A.M. to 6:00 p.m. and direct staff to return with a resolution and procedures to implement this restriction. The motion carried by unanimous voice vote. D. Consider Modification to Approved Contract for Aerial Photography Services. Staff Recommendation: Approve the modified scope of work and costs. Minutes of the City Council 10 January 17, 1990 Moorpark, California Mr. Gilbert went over the changes in the scope of work as contained in Exhibit G. of the staff report. The Council discussed the timing for the project and that the commitment for alignment was important information to have from Caltrans as it impacted the General Plan Update. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to approve the change in the scope of work as described in Exhibit G; to appropriate $12,000 from the City -wide Traffic Mitigation Fund for the additional costs; staff to reduce costs where possible. The motion carried 4 -1 by roll call vote, Councilmember Brown dissenting. E. Consider Creation of Traffic Mitigation Fund. staff Recommendation: Create the Traffic Mitigation Fund. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to authorize the establishment of a Traffic Mitigation Fund and appropriation of $57,000 from the Fund for the purposes of aerial photography and mapping. The motion carried 4 -1 by roll call vote, Councilmember Brown dissenting. Councilmember Brown stated that her dissenting vote was regarding the aerial map. F. Consider Ordinance No. 53 Concerning Unlawful Parking of Commercial Vehicles in Commercial Zones. Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny gave the staff report indicating that Ordinance No. 53 had been enacted in 1985 after a number of complaints city -wide. He said State law had been changed with regard to the weight limit in 1989 and is now 10,000 lb. He said that changes to the vehicle code did not preclude the City from regulating on the basis of other than weight -- height, width, or to regulate a street with no parking or restrict the hours of parking. There is a larger issue that relates to RV's. He recommended that the staff be directed to work out some interim compromise with Mr. Scott and to come back in 3 - 6 months with an approach to cover the entire issue including commercial and recreation vehicles. Minutes of the City Council 11 January 17, 1990 Moorpark, California Councilmember Brown asked if there was some compromise that could be worked out with Mr. Scott. Mr. Kueny suggested that the staff work with the Scotts and allow the bus to remain with the possible exception of weekends. Councilmember Montgomery said that Mr. Scott stated that even a weekend parking restriction for the bus was not workable. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to approve the City Manager's recommendation and direct the staff to work with the Mr. Scott regarding the bus currently parked on the street. The voice vote was unanimous. G. Consider Request by Martin V Smith & Associates to allow processing of an application for a proposed hotel, restaurant complex and associated apartment complex on an industrial zoned property located at the northeast corner of Spring Road and Flynn Avenue Staff Recommendation: Direct staff as deemed appropriate. Councilmember Brown reported to the Council the findings of the Community Development Committee with regard to the proposed Country Inn Hotel, restaurant and apartment complex. She indicated that while there were some concerns with the design of the project, the Committee feels that the project offers a much needed facility that will be of great benefit to the community. Discussion by the Council on giving some expeditious consideration to the project and processing the hotel portion of the application before the apartment complex would allow for quicker completion, was heard. In response to the Council, Mr. Stan Cohen, of Martin V. Smith & Associates, said that although his company would like to do the project concurrently they were prepared to start on the hotel immediately and split the parcel. He also stated that he realized that it was not being implied that if the hotel was built right away, the apartments would be approved. Councilmember Brown suggested that the applicant pay for analysis of the project by a consultant. Minutes of the City Council 12 Moorpark, California January 17, 1990 MOTION: Councilmember Harper moved to direct staff to start processing the conditional use permit for the portion of the property identified as restaurant and hotel use, process the subdivision of the property; a general plan amendment to be processed for consideration for the portion of the property designated for multi - family use; staff to discuss with the applicant the possibility of using a consultant for analysis of the project; the Affordable Housing Committee to review the multi - family portion of the project. The motion carried by unanimous voice vote. H. Consider Stipulation for Judgement by City Attorney in City of Moorpark v. Southern California Edison (VCSC Case No. 97019) and Authorize Appropriation of Funds. Staff Recommendation: Receive and file Stipulation for Judgement and appropriate $4,700 from the Los angeles Avenue AOC Fund. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to approve the staff recommendation. The motion carried by unanimous roll call vote. I. Consider Star Club Program Report. Staff Recommendation: Direct staff as deemed appropriate. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to refer the item to the Budget and Finance Committee for further review. The voice vote was unanimous. J. Consider Action by AVCC Concerning AB939 Solid Waste Task Force. Staff Recommendation; direct staff as deemed appropriate. Motion: Councilmember Brown moved and Councilmember Perez seconded a motion that there be no changes to the County Waste Commission by -laws and that the Waste Commission continue as the Local Task Force as per AB939. The voice vote was unanimous. K. Consider Additional Occupancies for Gateway Plaza (TOPA PD- 1064) . Mr. Kueny recommended that the Council direct staff to allow the new Chinese Restaurant to occupy the Gateway Plaza and additional occupancies be allowed at the discretion of the City Manager relative to the completion of the sidewalk on Spring Road at the northeast corner of Spring Road /New Los Angeles Avenue. Minutes of the City Council 13 Moorpark, California January 17, 1990 MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to approve the City Manager's recommendation. The voice vote was unanimous. 12. ORDINANCES: A. Consider Adoption of Ordinance No. 120. An Ordinance amending the Public Hearing Notice Requirements from the current 300 ft. to 1,000 ft. with an exception for one single family residence seeking a zone variance. Acting City Attorney, Virginia Pesola, read the ordinance title. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to read the ordinance in title only. The voice vote was unanimous. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to declare Ordinance No. 120 read for the second time and adopted as read. The voice vote was unanimous. B. Consider Introduction and First Reading of Ordinance No. 121. An ordinance regarding newsracks in the public right -of -way. Acting City Attorney, Virginia Pesola, read the ordinance title. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to waive further reading and declare Ordinance No. 121 read in title only. The voice vote was unanimous. MOTION: Councilmember Brown moved and councilmember Harper seconded a motion to declare Ordinance No. 121 introduced and read for the first time. The voice vote was unanimous. 11. B. Consider Rules, Regulations and Fee for Rental of the Community Center. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Perez stated that use of the Community Center should be allowed under the present rules until the rules were changed. Minutes of the City Council 14 Moorpark, California January 17, 1990 BY CONSENSUS: By Consensus the Council directed the staff to apply the current Community Center rules to anyone who had applied for use of and made deposit for the Community Center through March 31, 1990; to do an analysis of the current charges; to continue the item to the next Council Meeting. 13. FUTURE AGENDA ITEMS: Councilmember Brown said she would like to have the waste ordinance on the next meeting. Councilmember Montgomery said he would like residential setbacks to be placed on the agenda. 14. CLOSED SESSION: Mr. Kueny recommended Items 14.G. and H. be discussed in Closed Session. Councilmember Montgomery requested that personnel, Item 14.A. be included for discussion. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to adjourn into Closed Session at the hour of 1:00 a.m. for a discussion of the following items: A. Personnel. G. Litigation concerning Ventura County Community College District vs. City of Moorpark. H. Litigation concerning the county of Ventura vs. City of Moorpark. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a 10 minute recess was declared. The Council reconvened into Closed Session at 1:10 a.m. Present in Closed Session were all Councilmembers and Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Virginia Pesola, Deputy City Attorney. The council reconvened into Open Session at 1:50 a.m. Mr. Kueny stated that there was no action to report out of Closed Session. Minutes of the City Council 15 January 17, 1990 Moorpark, California 15. ADJOURNMENT: MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to adjourn to 6:30 p.m. , January 29, 1990 for the purpose of discussing in Closed Session personnel matters, and in Open Session a joint public workshop with the Planning Commission regarding the General Plan Update. The motion carried by unanimous voice vote. The time of adjournment was 1:51 a.m. v �ZLJ � Mayor Pau W. Lawraso Jr.