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HomeMy WebLinkAboutMIN 1992 0415 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California April 15, 1992 A Regular Meeting of the City Council of the City of Moorpark was held on April 15, 1992 in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Lawrason called the meeting to order at 7:15 p.m. Mayor Lawrason stated that the Council had approved a Shakespeare in the Park event for the Fall, and the dedication of the City Hall Tot Lot as part of the Cinco de Mayo festivities, during the Special Meeting held at 6:15 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Colleen Daleske. 3. ROLL CALL: Present: Councilmembers Montgomery, Perez, Talley, Wozniak, and Mayor Lawrason. Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Pat Richards, Director of Community Development; Charles Abbott, City Engineer; Dirk Lovett, Assistant City Engineer; Lt. Dean, Sheriff's Department; Don Reynolds, Management Analyst; Jill Rubin, Management Analyst; Ken Gilbert, Director of Public Works; Lillian Kellerman, City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Recognize Colleen Daleske as Employee of the Month for April. Mayor Lawrason presented a certificate of recognition to Ms. Daleske. B. Proclamation for the Week of May 3 - 9 as Hire a Veteran Week. Councilmember Wozniak presented a proclamation to Debbie Hall of the State Employment Development Department. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: MOTION: Councilmember Montgomery moved a motion to add consideration of an urgency ordinance imposing a moratorium on the development of property in the C -2 and CPD zones for gasoline sales in conjunction with convenience mini - market and alcoholic beverage sales. THE MOTION WAS WITHDRAWN. 6. PUBLIC COMMENT: Wallace Beckman, 12352 Sunnyglen Drive, addressed the Council regarding the relocation of the phone at North Meadows Park. Minutes of the City Council Moorpark, California Page 2 April 15, 1992 CONSENSUS: By consensus, the Council determined to waive its rules of procedure and allow the citizens to speak at the time item B.E. is heard by the Council. Pat Miranda, 6526 N Amherst St, representing "Women ", presented a check for $3,300 to Mayor Lawrason for the Boys and Girls Club. Ms. Miranda indicated that this was half the proceeds from the Mayor's Ball co- sponsored by "Women ". Paula Giles, 12336 Sunnyglen Drive, indicated that she was present to speak on item B.E. and would wait until that item was heard on the agenda. Mark Mawdsley, 12312 Sunnyglen Drive, indicated that he was present to speak on item 8.E. and would wait until that item was heard on the agenda. John Newton, 1424 Madera Rd, Ste, 102, Simi Valley, addressed the Council regarding item 8.H. He requested that the Council consider revisions to Condition No. 6 and Condition No. 8 of the time extension for General Optics, Inc. CONSENSUS: By consensus, the Council determined to waive their rules of procedure to accept a letter from Mr. Newton. Connie Lawrason, 4291 Ambermeadow, reported on the CTAC /SSTAC meeting. Eloise Brown, 13193 E. Annette St., addressed the Council saying she was very distressed that the hotel project was not to be built in the City. Ethel Sulkis, 270 Sierra Ave, requested the Council refund the fees charged for use of the Community Center by the Moorpark Active Seniors. Councilmember Wozniak responded that a refund was being processed. 7. COMMITTEE REPORTS: Councilmember Montgomery reported on a County Animal Regulation meeting and indicated that cats would now require licensing. CONSENSUS: By consensus the Council determined that they would like an item placed on the agenda for the next regular City Council meeting to authorize a letter from the City to the City of Thousand Oaks regarding the decision by the City of Thousand Oaks to use Los Angeles County Animal Control services rather than Ventura County. 8. CONSENT CALENDAR: (Roll Call Vote) MOTION: Councilmember Perez moved and Councilmember Talley seconded a motion to pull items S.A. Minutes of the Regular Meeting of April 1, 1992 and Minutes of the Special Joint Meeting March 23, 1992; 8.E., B.H., and S.I. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California Page 3 April 15, 1992 Consider Approval of Minutes_ of the Special Citv Council Meeting of April 1, 1992. Consider Approval of Minutes of the Special City Council Meeting of March 25, 1992. Consider Approval of Minutes of the Special City Council Meeting of March 18, 1992. Consider Approval of Minutes of the General Plan Update Meeting of March 18, 1992. Consider Approval of Minutes of the Special Joint Meeting of the City Council, Ventura County Board of Supervisors Ventura County Cities, City of Westlake and City of Agoura Hills of January 30, 1992. Staff Recommendation: Approve minutes as processed. B. Warrant Register FY 1991 -92 Manual Warrants 17204 - 17212 $ 11,175.40 Regular Warrants 17213 - 17304 $ 211,211.73 C. Authorize to Advertise for Charles Street Improvements. New Staff Recommendation: Continue this matter to the meeting of May 6, 1992. (Continued Item 8.B. from 4/1/92.) D. Consider Removal of Sand Volleyball Courts at Griffin Park. Staff Recommendation: Authorize staff to replace sand volleyball court with turf volleyball court and to delete horseshoe pit improvement. F. Amend the City's SRRE Agreement With the County for Budget Adjustment. Staff Recommendation: Approve the amendment to the City's SRRE Agreement with the County. G. Consider Requesting the Ventura County Transportation Commission (VCTC) to Remove the Billboard on Moorpark Avenue Staff Recommendation: Request VCTC to remove the billboard on Moorpark Avenue. J. Consider Amending Contract with Landscapes Inc for Miscellaneous Landscape Design Services Staff Recommendation: Approve increase in contract amount to $5,000 from $3,000. K. Consider Request to Set Public Hearing to Consider Revising Engineering Fees - Resolution No 92-847._ Staff Recommendation: Direct staff to set public hearing date for May 6. Minutes of the City Council Moorpark, California Page 4 April 15, 1992 The following items were pulled from the Consent Calendar for individual consideration. A. Consider Approval of Minutes of the Regular City Council Meeting of April 1, 1992. Councilmember Talley requested that the word "Active" be inserted between "Moorpark" and Seniors" on page number three of the minutes. MOTION: Councilmember Talley moved and Councilmember Montgomery seconded a motion to approve the minutes as revised above. The motion carried by unanimous voice vote. Consider Approval of Minutes of the Special Joint City Council Meeting with the Planning Commission of March 23 1992. Councilmember Wozniak indicated that he would abstain from voting on this item as he was not present at the March 23, 1992 meeting. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to approve the minutes. The motion carried by voice vote 4 -0, Councilmember Wozniak abstaining. E. Consider New Location for Pay Phone at North Meadows Park. Staff Recommendation: Authorize staff to select a new location and proceed to move the pay phone. Councilmember Montgomery indicated that he pulled this item to allow the citizens present regarding the issue time to comment. He asked that a copy of the staff report showing the proposed relocation of the telephone at North Meadows Park be provided to those citizens present to speak. Paula Giles, indicated that the proposed relocation was acceptable. Mark Mawdsley, indicated that the proposed relocation was acceptable. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the staff recommendation to relocate the pay phone at North Meadows park in the general vicinity of the new restroom facility. The motion carried by unanimous voice vote. H. Consider IPD 89 -2, A Request for a Time Extension on the Application of General Optics Inc (Minor Modification No IL. Staff Recommendation: Approve the Minor Modification with Conditions of Approval. In response to Councilmember Montgomery, Mr. Richards said that the Director of Community Development could appropriately place conditions of approval as part of the minor modification process. Minutes of the City Council Moorpark, California Page 5 April 15, 1992 MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the staff recommendation to approve the minor modification with the Conditions of Approval as attached to the staff report dated April 8, 1992 with the revision to Condition No. 6 to reflect that a letter of credit, certificate of deposit or other such restricted cash pledge would be acceptable as surety in lieu of a performance bond. The motion carried by unanimous voice vote. I. Consider a Report Regarding Hot Air Balloon Operation Complaints. Staff Recommendation: Receive and file the report. Councilmember Wozniak requested that the citizen who had registered a complaint with the City be given the FAA Nuisance and Complaints Division phone number. He requested an ordinance to regulate take offs and landings of hot air balloons within the City. Councilmember Perez requested that a letter be sent to hot air balloon companies regarding citizen concerns with their operation of balloons in the City. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to direct staff to contact hot air balloon companies regarding concerns with the operation of hot air balloons in the City. The motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: A. Consider 1992/93 Community Development Block Grant ( "CDBG ") Public Hearing for the Appropriation of Funds (Estimated to be $184.334). (Continued item 9.A. from 3/25/92) New Recommendation: Consider Budget & Finance Committee recommendations and make final determinations for 1992/93. Mr. Reynolds gave the staff report. He indicated that the Budget and Finance Committee reviewed the proposals and the recommendation was a joint one with staff. He said regarding the public services proposals, it was recommended that funding for the AIDS Care organization and Alzheimer's Association be considered as part of the FY92/93 Budget deliberations. MOTION: Councilmember Perez moved and Councilmember Talley seconded a motion to approve the recommendation to appropriate the 1992/93 CDBG funds estimated to be $184,334, as follows: 1) Administration - $22,590; 2) Public Services - A) Senior Nutrition $ 10,000 B) Long Term Care ombudsman $ 11000 C) Catholic Charities $ 7,500 D) Adult Literacy $ 5,000 E) Legal Services $ 3,650 F) Homeless Ombudsman $ 500 3) Other Eligible Programs - A) Affordable Housing $ 25,000 B) Charles Street Improvements $ 109,094 The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 6 B. April 15, 1992 (Continued item 9.B. from 3/25/92) New Recommendation: Consider Budget & Finance Committee recommendations and make final determination for use of funds. Mr. Reynolds gave the staff report. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to approve the recommendation to the reappropriation of the 1987/88, 1989/90 and 1990/91 funds in conjunction with the 1992/93 program appropriations in the following way: 1) Public Services - ($562.57 available from 1989/90); Legal Services - $562.57; 2) Other Eligible CDBG Programs - ($5,363 available, $1,795 from 1987/88 and $3,568 from 1990/91); Charles Street Improvements $5,363. The motion carried by unanimous voice vote. C. Consider Vestina Tentative Tract Map Nos. 4785 and 4786 -Large lot subdivisions which correspond to the approved land use designations for the Carlsberg Specific Plan: South of Tierra Rejada Road, North of Los Angeles Avenue. West of Spring Road and East of the 23 Freeway. Staff Recommendation: Direct staff to prepare resolutions approving Vesting Tentative Tract Map Nos. 4785 and 4786 with Council directed changes to the Conditions of Approval, for presentation at the City Council's next regular meeting of April 1, 1992. (Continued Item 9.D. from 2/5/92, Item 9.B. from 2/19/92, Item 9.C. from 3/25/92) New Recommendation: Continue the matter to the meeting of May 6, 1992. Mr. Richards stated that the applicant requested continuance to the May 6, 1992 City Council meeting. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to continue this matter to the meeting of May 6, 1992. The motion carried by unanimous voice vote. D. Consider Appeal 92 -3. a Request to Allow Office Uses in an Existing Retail and Auto Repair Center and to Allow Two Tables in Front of One Retail Establishment for Outside Dining. Staff Recommendation: Deny the appeal and receive and file the minor modification application report. Minutes of the City Council Moorpark, California Page 7 April 15, 1992 Mr. Richards gave the staff report. He indicated that staff recommended making a change in the parking requirements for the project by viewing the carpet store as a "furniture store use ", thus allowing for more parking space credits. Mayor Lawrason opened the public hearing. Colin Velasquez, 476 W. Los Angeles Avenue, addressed the Council. He stated that during the Planning Commission approval of his project, he had been given credit for one parking space for each double bay which was not reflected in the 91 parking spaces. He also requested that he be allowed a medical use in the future if he could conform to the parking requirements. He indicated that he was not agreeable to being "locked into" a carpet /furniture store use. Gerry Goldstein, 11932 Los Angeles Avenue, addressed the Council stating that he thought the two tables in front of the Italian Deli should be allowed. Eloise Brown, 13193 Annette Street, addressed the Council saying that the two tables outside the Italian Deli should not be considered as "outside dining ". In response to Councilmember Montgomery, Mrs. Brown said that medical uses should be allowed in the center. Mayor Lawrason closed the public hearing. AT THIS POINT in the meeting, a recess was declared. The time was 9:35 p.m. The meeting reconvened at 10:00 p.m. In response to Councilmember Montgomery, Mr. Richards said that in reviewing Resolution 87 -440, the applicant was to receive credit for one parking space per each bay provided for a total of 12 parking spaces to be credited. Councilmember Montgomery said that apparently all the bays were not counted in that determination. After further Council discussion, the following motion was heard: Minutes of the City Council Moorpark, California Page 8 April 15, 1992 MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to approve Minor Modification No. 2 for PD 1065 (Velasquez) with the five conditions proposed in the staff report dated March 11, 1992 with the proviso that one parking space is credited for each of the 17 double bays in the center, bringing the total approved parking spaces to 96. The motion carried by unanimous voice vote. CONSENSUS: By consensus, the Council determined to reorder the agenda by moving item 11. A. to the end of the agenda. E. Ordinance Amending Certain Provisions of Chapter 5.60 to Title 5 of Moorpark Municipal Code Pertaining to Newsracks. Staff Recommendation: Continue this item to May 6, 1992. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to approve continuance of this item to the May 6, 1992 meeting. The motion carried by unanimous voice vote. F. Amendment to Article 10 of Zoning Code Pertaining to Signs in Public Right -of -Way. Staff Recommendation: Open and close the public hearing and take this matter off calendar until Planning Commission completes its review and recommendation. Mayor Lawrason opened the public hearing. As there were no speakers for this item, Mayor Lawrason closed the public hearing. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to take this matter off calendar until the Planning Commission completes its review and recommendation. The motion carried by unanimous voice vote. G. Amendment to Article 11 of Zoning Code Pertaining to Revising Appeal Time Period from 10 Days to 15 Days. Staff Recommendation: Introduce Ordinance No. 150 for First Reading to Amend Sections 8111- 8.1 and 8111 -8.3 of the Zoning Code to Change the Time Period for Appeals. Ms. Traffenstedt gave the staff report. Minutes of the City Council Moorpark, California Page 9 April 15, 1992 Mayor Lawrason opened the public hearing. As there were no speakers for this item, Mayor Lawrason closed the public hearing. Ms. Kane stated that the Ordinance should be corrected to replace "Municipal Code" with "Zoning Code" throughout the ordinance. Ms. Kane read the ordinance title. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to read the title, as corrected, and waive further reading. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to consider Ordinance No. 150, as corrected introduced for first reading. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCIL MEMBERS: None. 11. ACTION /DISCUSSION ITEMS: B. Consider Approval of Memorandum of Understandin Regarding Waste Processing Facility and "Action Plan for Regional Waste Processing and Transfer Facility Implementation." Staff Recommendation: Approve the MOU and concur with Action Plan recommendations. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue this item to the meeting of May 6, 1992. The motion carried by unanimous voice vote. C. Consider Approval of Implementation Aareement for the National Pollutant Discharge Elimination System (NPDES). Staff Recommendation: Approve the Implementation Agreement subject to final language approval of the City Attorney and the City Manager and defer City participation in Assessment District. Mr. Gilbert gave the staff report. Minutes of the City Council Moorpark, California Page 10 April 15, 1992 MOTION: Councilmember Talley moved and Councilmember Montgomery seconded a motion to approve 1) establishment of a Stormwater Quality Monitoring Program consistent with the requirements of the National Pollutant Discharge Elimination System (NPDES); 2) City participation in efforts to obtain a Joint NPDES Permit for the area encompassed by the Callegaus Creek watershed; 3) Implementation Agreement; 4) deferring participation in the Ventura County Flood Control District's Benefit Assessment District; 5) deferring a decision on the funding of the first year's program costs to the FY92/93 Budget deliberations. The motion carried by unanimous voice vote. D. Consider An Application Form for Committee and Commission Appointees. Staff Recommendation: Receive and file the report, approve the application form and revised Moorpark Operating Procedures (MOP) No. 7. Ms. Kellerman gave the staff report. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to receive and file the report, approve the Application Form for Committee and Commission Appointees, and approve the revised MOP No. 7 with the deletion of No. 9. The motion carried by unanimous voice vote. 12. ORDINANCES: A. Consider Second Reading and Adoption of Ordinance No. 149 - An Ordinance to Limit the Hours of Construction Within the City. Ms. Kane read the ordinance title. MOTION: Councilmember Talley moved and Councilmember Montgomery seconded a motion to read the ordinance title only and waive further reading. MOTION: Councilmember Talley moved and Councilmember Montgomery seconded a motion to adopt Ordinance 149 as read. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 11 11. ACTION /DISCUSSION (CONTINUED) April 15, 1992 A. Consider Status Report of 1991/92 Goals and Objectives and Provide Direction on 1992/93 Goals. Staff Recommendation: Provide direction on 1992/93 goals. (Continued Item 11.H. from 3/25/92, Item 11.B. from 4/1/92) Mr. Richards went over the Community Development Goals and Objectives. Councilmember Montgomery stated that traffic mitigation should be a high priority for the Community Development Department for the next fiscal year. In response to Councilmember Perez, Mr. Kueny indicated that staff would continue to look at the feasibility for the Department of Building & Safety to be moved to City Hall but that space constraints at present would not allow for the move. Mr. Kueny went over the Community Services Goals and Objectives. Mr. Hare went over the Administrative Services Goals and Objectives. The Council indicated the high priority of having the Cash Management Portfolio software "on- line" and Accounting personnel trained in its use. Ms. Kellerman went over the City Clerk's Office Goals and Objectives. Mr. Kueny went over the City Manager's Office Goals and Objectives. The Council indicated the high priority of coordination of downtown improvement efforts. The Council indicated that the creation of a Waste Management Authority should be added to the objectives under Waste Management. The Council indicated that the work involved in the creation of the Council of Governments should be included on the list of objectives for the City Manager. Minutes of the City Council Moorpark, California Page 12 13. FUTURE AGENDA ITEMS: April 15, 1992 Councilmember Wozniak asked for an agenda item to address an ordinance for hot air balloon landings within the City. Councilmember Montgomery requested a future agenda item regarding support for the Amicus Curiae for the City of Rancho Mirage. 14. CLOSED SESSION: A. Personnel. B. Personnel pursuant to Government Code Section 54957.6. C. Potential litigation pursuant to Government Code Section 54956.9(b)(1). D. Potential litigation pursuant to Government Code Section 54956.9(c). E. Litigation concerning Ventura County Community College District Case No. 107569 vs. City of Moorpark. F. Litigation concerning the Moorpark Mosquito Abatement District vs. City of Moorpark. G. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54956.8. H. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark. I. Litigation concerning City of Moorpark vs. Southern California Edison, et al. The Council did not adjourn to Closed Session. Minutes of the City Council Moorpark, California Page 13 15. ADJOURNMENT: April 15, 1992 MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 12:15 a.m. 1 Paul w._ awrason Oirr., Mayor ATTEST: