HomeMy WebLinkAboutMIN 1993 0224 CC ADJMINUTES OF THE CITY COUNCIL
Moorpark Community Center February 24, 1993
An Adjourned Regular Meeting of the City Council of the City of
Moorpark was held on February 24, 1993 in the Council Chambers of said
City at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Lawrason called the meeting to order at 7:10 p.m.
2. PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Councilmember Bernardo Perez.
3. ROLL CALL:
Present: Councilmembers Hunter, Montgomery, Perez, Wozniak and
Mayor Lawrason
Steven Kueny, City Manager; Richard Hare, Deputy City
Manager; Jim Aguilera, Director of Community
Development; Ken Gilbert, Director of Public Works; Paul
Porter, Senior Planner; Lillian Hare, City Clerk; and
Dorothy Vandaveer, Deputy City Clerk
4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS:
None.
5. REORDERING OF AND ADDITIONS TO THE AGENDA:
CONSENSUS: By consensus, the Council determined that the Zoning
Ordinance will be considered as the last item.
8. CONSENT CALENDAR:
L. Consider Authorization to Advertise for Bids for Tierra
Rejada Road Widening. Staff Recommendation: Approve the
plans and specifications for the subject project and
authorize staff to advertise for receipt of bids.
Mr. Gilbert gave the staff report.
MOTION: Councilmember Wozniak moved and Councilmember Perez
seconded a motion to approve the staff recommendation to approve
the plans and specifications for the subject project and authorize
staff to advertise for receipt of bids. The motion carried by
unanimous voice vote.
AT THIS POINT in the meeting, public comment was received.
Minutes of the City Council
Moorpark, California Page 2
February 24, 1993
Eloise Brown, 13193 Annette Street, spoke regarding the Town Hall
meeting held the previous Saturday. She commented regarding the
government channel programming. She said the radio music in the
background advertises businesses in Simi Valley and Thousand Oaks.
Carolyn Schrimpf, 12788 Summer Street, requested that W.O.M.E.N.
be allowed to hold the Miss Moorpark Contest in the community
center. She indicated they would like to "tie it" in with the
Tenth Anniversary Celebration and have the pageant televised. She
indicated they would be willing to pay the cost of televising the
pageant if the cost was not unreasonable. She requested that the
Council waive the rental fees for the Thursday, Friday and
Saturday event. She requested that this item be placed on the
next City Council agenda for consideration.
Gerald Goldstein, 11932 Los Angeles Avenue, spoke regarding
Channel 10 programming. He also spoke regarding the maintenance
of City vehicles.
John Roberts, 15787 Graduate Circle, spoke regarding Collins
Drive. He cited several examples of speeding and accidents that
have occurred over the years. He indicated that a full time
officer in that portion of the City is needed.
Mayor Lawrason commented that there is police coverage in all
areas of the City.
10. COMMENTS FROM COUNCIL MEMBERS:
B. Set Joint Meetings with Parks and Recreation Commission and
Planning Commission.
Mr. Kueny indicated that the Council determined to meet with
the Commissions once each year.
CONSENSUS: By consensus, the Council determined to meet with the
Parks and Recreation Commission on Monday, March 8, at 7:00 p.m.
and on Monday, April 19, at 7:00 p.m. with the Planning
Commission.
11. ACTIONJDISCUSSION ITEMS:
D. Consider Draft Memorandum of Understanding (MOU) for Specific
Plan No. 8 (Hidden Creek Ranch). Staff Recommendation:
Direct staff to incorporate any City Council comments into
the MOU and then authorize the City Manager to approve the
MOU, 2) Direct staff to submit an application to LAFCO for a
Sphere of Influence Amendment for the Specific Plan No. 8.
Minutes of the City Council
Moorpark, California Page 3
Mr. Aguilera gave the staff report.
February 24, 1993
Janet Murphy, 15308 Seitz Court, spoke in opposition to the
extension of the City's sphere of influence. She said the
Environmental Coalition believes the development of the
Messenger project will impact the City a great deal. She
also asked whether a letter from the Santa Monica Mountains
Conservancy addressing regional habitat concerns had been
responded to by the Council.
Elizabeth Haynes, 15035 Reedley Street, stated that it is
premature for the City to be increasing its sphere of
influence at this time. She said a biological analysis
constraints study should be conducted first.
John Etter, 2536 N. Marilyn Street, Simi Valley, said he is
disappointed that this project has progressed this far. He
believes Moorpark is headed in the same direction as Simi
Valley as far as population growth is concerned.
Carolyn Poleri, 6863 Trojan Court, spoke regarding the
Messenger project. She said she has no objections to the
development of the Messenger property as it will bring more
attention to the eastern part of town. She indicated that
there is a great need for a fire station in that end of
Moorpark.
Robert Abrams, 3342 Darby, #318, Simi Valley, spoke on behalf
of Francis Okyere, President of the Moorpark Chamber of
Commerce. He read a letter of endorsement authored by the
Chamber of Commerce relative to the Messenger project.
Carolyn Schrimpf, 12788 Summer Street, spoke as a homeowner
and member of Chamber of Commerce staff. She said she
supports the annexation of the Messenger property and the
extension of the City's sphere of influence.
John Roberts, 15787 Graduate Circle, commented that the city
will be impacted by whatever happens with the Messenger
property and he urged the Council to continue in the
direction in which they have been going.
Lina Santelli, 15549 Doris Court, spoke stating that the City
should work with Messenger and not allow this development to
occur in the County. She said the eastern portion of
Moorpark needs the revenue.
Minutes of the City Council
Moorpark, California Page 4
February 24, 1993
Bill Poleri, 6863 Trojan Court, spoke in favor of the
Messenger development. He said the City should allow neither
"no growth" nor uncontrolled growth. Mr. Poleri said he
supports the expansion of the sphere of influence and the
annexation of the Messenger property by the City.
Ted Martens, 15749 Swift Place, said he believes the Council
has the integrity to control the development process and he
is in favor of the annexation of the land.
Councilmember Perez commented that the Specific Plan process
does not guarantee the density of the project. He said there
is no project yet. He said he is counting on the
representatives of Hidden Creek Ranch to bring forth a plan
that will benefit the community. He asked staff when the
City would address the December 16th letter received from the
Santa Monica Mountains Conservancy.
In response to Councilmember Perez, Mr. Aguilera said the
letter was received and provided to the Council. He said it
is premature to do a biological study when the City doesn't
know if it will have control over that property or not.
Mr. Perez clarified that we are not ignoring the letter, but
at the appropriate time the City will address and analyze
biological constraints.
Councilmember Wozniak said he felt comfortable with an
application regarding increasing the City's sphere of
influence. He said that does not set a time for annexation.
CONSENSUS: By consensus, the Council determined to allow Gary
Austin, representing Messenger Investment, to address them.
In response to Councilmember Wozniak regarding how he (Mr.
Austin) viewed the memorandum of understanding, Mr. Austin
said the memorandum defines what each party is going to do
and that helps the city make decisions on whether or not this
property versus another property should be ranked higher or
lower in terms of priorities. He said the Memorandum of
Understanding provides for the process which can be somewhat
complicated, and that defining of the process allows the
public to have a certain comfort level and the City to have
a certain comfort level. He said it is an indication on
Messenger's part to move forward in a logical way with the
City so that there can be closure on this to everyone's
benefit. He said to answer Councilmember Wozniak's question
about whether or not it is a contract and binding agreement,
Minutes of the City Council
Moorpark, California Page 5
February 24, 1993
he said, "I don't view it as such and we've had some
discussions with staff on that." He said "your City Attorney
has reviewed it at least three times and the City Manager has
taken a 'hard' look at it." He said there is still some
question about whether some technical language should go into
the MOU or not. He said he believes the City is very well
protected in terms of what is said in the MOU. He said the
City was very careful not to tie itself down in terms of
deadlines. The only deadline that is in the memorandum of
understanding is a reference to an application to LAFCO for
a sphere of influence expansion, which is as much in the
City's interest as Messengers. In summary, he said he sees
it as a memorandum that defines the process that we are all
looking forward to initiating in the future.
Mr. Austin commented that State law requires that any project
must comply with CEQA and that their project will be
scrutinized to the "nth" degree. He said what the letter
from the Santa Monica Mountains Conservancy is requesting is
to see what is going on with the animals from a regional
standpoint. Mr. Austin said that is a fascinating question,
but one this project isn't under obligation to undertake. He
said it is a study that is being proposed by a limited number
of people. He said he doesn't feel the City needed to
respond.
Councilmember Montgomery said a study of wildlife migration
in this area needs to be done but at a truly regional level
as the expense will be so great that the federal government
will have to be involved in funding the study. He said the
letter from the Santa Monica Mountains Conservancy was not
sent at the direction of their Board.
Mayor Lawrason stated that the Council needs to respond to
the letter.
CONSENSUS: By consensus, the Council determined to agendize a
discussion of the letter received from the Conservancy at a later
date.
Councilmember Hunter stated his concern with the part of the
MOU addressing "delays and suspensions ".
In response to Council question, Mr. Aguilera said that the
applicant is asking that the City not delay or declare a
moratorium that would stop the processing of the specific
plan while a hillside or growth control ordinance or other
proposed ordinances are being prepared, adopted or proposed
for placement on a future ballot.
Minutes of the City Council
Moorpark, California Page 6
February 24, 1993
Mr. Austin responded that in no way was the Council being
precluded from placing any conditions on the Specific Plan
but Messenger didn't want to be "put on hold" while a
committee considers the matters referenced by Mr. Aguilera.
He said such deliberation should not suspend property
development in progress.
Councilmember Hunter said any mention of annexation in the
MOU should be stricken.
After further Council discussion regarding the MOU, the
following consensus action was taken:
CONSENSUS: By consensus the Council determined to direct staff to
revise the MOU, provide Messenger Investment Company with a copy
at the earliest possible time and place this matter back on the
agenda for discussion at the March 3, 1993 Council meeting.
AT THIS POINT in the meeting a recess was declared. The time was
10:05 p.m. The Council reconvened at 10:20 p.m.
12. ORDINANCES:
A. Consider Introduction and First Reading of Ordinance 160,
Authorizing a City Contribution to the City of Moorpark
Assessment District No. 92 -1 (Mission Bell Plaza).
Ms. Kane read the ordinance title.
MOTION: Councilmember Montgomery moved and Councilmember Wozniak
seconded a motion to read the ordinance title only. The motion
carried by unanimous voice vote.
MOTION: Councilmember Montgomery moved and Councilmember Wozniak
seconded a motion to waive further reading and declare the
ordinance introduced as read. The motion carried by unanimous
voice vote.
Minutes of the City Council
Moorpark, California Page 7
9. PUBLIC HEARINGS:
February 24, 1993
C. Consider Revisions to the City's Zoning Ordinance - City of
Moorpark. Staff Recommendation: Review the proposed changes
and advise staff of any additional changes to the Zoning
Ordinance (Continued Item. 9.C. from 2/10/93.)
Mayor Lawrason indicated that the public hearing was still
open.
The City Clerk stated that there were no speaker cards for
this item.
The Council determined to go through the proposed Zoning
Ordinance page by page, beginning with page number 81.
Following are the comments /requests for changes made by the
Council:
Page 91
Parking, subsection j., change "plus 1 space per 28
square feet..." to read "plus 1 space per 50 square
feet..." and, change 1118 linear inches shall be
equivalent to one seat" to 1124 linear inches..."
Page 92
Parking, subsection m., staff directed to look at an
exception for handicapped conversion of the space for a
third car (in a three car garage) to a bedroom; (4) of
subsection m. to be deleted.
Page 94
Parking, subsection ff. (6) , staff directed to make sure
the community center was in compliance with this
requirement of "1 space per 100 square feet of gross
floor area.
Page 97
General Requirements of Parking Spaces, Sec. 8108 -1.3.2
- change "in M- Zones" to read "in Commercial or
Industrial Zones...." and add "and the decision making
authority permits:"
Sec. 8108 -1.3.3 - staff directed to include language
that tandem parking may be allowed for churches.
Minutes of the City Council
Moorpark, California Page 8 February 24, 1993
Page 98
Special Parking Space Requirements, subsection C, staff
directed to rewrite with language to allow a credit of
2 to 1 for motorcycle parking spaces and to check Rule
210 compliance relative to this subsection.
Page 107
Standards for Oven Space, Agricultural and Residential
Zones, subsection q., the number of Section 8109- 1.2.1.p
is incorrect.
Setbacks - staff directed to find report authored by
then Councilmembers Clint Harper and Scott Montgomery
regarding setbacks.
Staff directed that the permit application portion of
the ordinance could be taken out of the ordinance and
put into resolution form.
Page 112
Standards for Commercial Zones, Section 8109 -3.2, Open
Storage, staff directed to add the language "in no case
should material height exceed the height of the
screening" and staff to check this section for
consistency with the Kavli project conditions.
Page 115
Standards for Overlay and Special Purpose Zones, staff
directed to ask the City Attorney if a P -C Zone is still
needed in the Zoning Ordinance.
Page 118
Sign Requirements, as this area is going through a
separate process, discussion relative to this section
deferred.
Page 139
Variances, Staff directed to have the City Attorney
review standards for variances.
Subsection a., delete "For the purposes of this section,
vicinity includes both incorporated and unincorporated
areas if the property in question is within the sphere
Minutes of the City Council
Moorpark, California Page 9
February 24, 1993
of influence of an incorporated area."
Page 141
Temporary Use Permit, staff directed to look at adding
a revocation clause.
Filing and Processing of Application Requests, staff
directed that the permit application portion of the
ordinance could be taken out of the ordinance and put
into resolution form.
Existing Violations, staff directed that this section
should refer to the zoning and subdivision ordinances
rather than Chapter 1 and Chapter 2.
Page 142
Termination of Incomplete Application, change "An
extension to this six -month period..." to read "An
extension to this three -month period."
Page 146
Notice and Hearing Procedures, change "at least seven
days prior to...." to read "at least ten days prior
to...." and add language that the sign shall be clearly
visible from the street; also, that staff has discretion
to allow offsite placement for visibility.
Page 147
Hearing Procedures and Public Hearing Ouorum to be
reviewed by the City Attorney to determine if these
sections are needed in the ordinance or if a resolution
format can be used.
Mayor Lawrason closed the public hearing.
CONSENSUS: By consensus, the Council determined to direct staff
to make the requested changes to the draft Zoning Ordinance and to
bring the document back to the Council for a final review prior to
sending it back to the Planning Commission.
CONSENSUS: By consensus, the Council determined to address in a
separate ordinance, allowing 20% retail space in an industrial
zone and permitted use of a church in an M -1 zone; this ordinance
to be heard by the City Council without prior Planning Commission
review.
Minutes of the City Council
Moorpark, California Page 10
February 24, 1993
CONSENSUS: By consensus, the Council determined to request staff
to prepare a report on T.P. Zones.
Mayor Lawrason requested an item on the next agenda regarding
the request by W.O.M.A.N. to waive fees for facilities rental
and to discuss cablecasting of the Miss Moorpark Pageant.
15. ADJOURNMENT:
MOTION: Councilmember Montgomery moved and Councilmember Hunter
seconded a motion to adjourn the meeting. The motion carried by
unanimous voice vote. The time was 11:45 a.m.
ATTEST:
WN
Paul W. Lawrason Jr., U Mayor
illian E. Hare, City Cl