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HomeMy WebLinkAboutMIN 1993 0210 CC REGMINUTES OF THE CITY COUNCIL Moorpark Community Center February 10, 1993 An Adjourned Regular Meeting of the City Council of the City of Moorpark was held on February 10, 1993 in the Council Chambers of said City at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Lawrason called the City Council and Redevelopment Agency to order at 7:20 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Hunter led the Pledge of Allegiance. 3. ROLL CALL: Present: Council /Agency Members Hunter, Montgomery, Perez, Wozniak and Mayor /Chairman Lawrason Steven Kueny, City Manager /Executive Director; Richard Hare, Deputy City Manager /Agency Treasurer; Jim Aguilera, Director of Community Development; Paul Porter, Senior Planner; Charles Abbott, City Engineer; Lieutenant Dean, Sheriff's Department; Dirk Lovett, Assistant City Engineer; and Lillian Hare, City Clerk /Agency Secretary AT THIS POINT in the meeting, Mayor Lawrason made the following statement: In Closed Session on February 3, 1993, the City Council authorized the Budget and Finance Committee and the City Manager's office to finalize a settlement with the Ventura County Community College District concerning sharing of tax increment. The City and College District committees met on February 4, 1993 and reached an agreement which was signed by the College District on February 9, 1993. This is the last agreement required to settle the outstanding lawsuits. Previously signed agreements include the agreement with Ventura County, Moorpark Unified School District, Moorpark Mosquito Abatement District and the Ventura County Superintendent of Schools. In summary, the agreement provides for the Agency to give fourteen percent of the tax increment to the College District beginning in fiscal year 1993/94. The College District agrees to expend these funds for capital improvements at Moorpark College. The Redevelopment Agency can now begin to implement the Redevelopment Plan. Minutes of the City Council Moorpark, California Page 2 February 10, 1993 MOTION: Council /Agency Member Montgomery moved and Council /Agency Member Perez seconded a motion to approve the agreement with the Ventura County Community College District concerning the Redevelopment Settlement. The motion carried by unanimous voice vote. Mayor /Chairman Lawrason indicated his pleasure that the Redevelopment Agency would now be able to go forward. Council /Agency Member Montgomery thanked Mr. Kueny and Mr. Hare for the many hours they worked to bring the settlements to fruition. He commented on the long and arduous task this had been. The City Clerk presented Mayor /Chairman Lawrason the settlement agreement with the Ventura County Community College District for signature. 4. CONSENT CALENDAR: (Roll Call Vote) A. Approval of the Warrant Register. Warrant 154 $12, 188.79 MOTION: Council /Agency Member Montgomery moved and Council /Agency Member Wozniak seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. 5. ADJOURNMENT: MOTION: Council /Agency Member Montgomery moved and Council /Agency Member Perez seconded a motion to adjourn the Redevelopment Agency Meeting. The motion carried by unanimous roll call vote. The time was 7:30 p.m. CONTINUATION OF THE CITY COUNCIL ADJOURNED REGULAR MEETING: 6. PUBLIC COMMENT: Connie Lawrason, 4291 Ambermeadow Street, addressed the Council reporting on CTAC /SSTAC meeting. She reported that there would be an unmet transit needs public hearing in Camarillo at 5:00 p.m. on March 15. John Etter, 2536 North Maryland Street, Simi Valley, addressed the Council speaking against the development of the Messenger project. Minutes of the City Council Moorpark, California Page 3 February 10, 1993 Sandra Schneider, 4731 Elderberry Avenue, addressed the Council indicating her support that the Messenger project be placed on the ballot. Gerry Goldstein, 11932 Los Angeles Avenue, addressed the Council regarding the lack of parking spaces in the Community Center parking lot during public meetings. 7. COMMITTEE REPORTS: None. 8. CONSENT CALENDAR: None. 9. PUBLIC HEARING: 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 11.F. from 11/20/93) Mayor Lawrason stated that the public hearing is still open. Errol Hale, 4330 Deepwell Lane, pastor of the Shiloh Community Church, requested that the regulations be revised to allow churches in industrial zones without needing a Conditional Use Permit. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to table this item. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCILMEMBERS: Councilmember Perez said he wanted to recognize that this would be Sara Keller's last council meeting representing the News Chronicle. 11. B. Consider Request for CPD 89 -1 and Minor Modification No. 3 (Ventura Pacific Capital Group VI) . A Request to Allow One Additional Monument Sign. Staff Recommendation: Deny the applicant's request for pylon sign and concur with staff's approval of Minor Modification for one additional monument sign on Park Lane. (Continued Item 11.H. from 1/13/93). Minutes of the City Council Moorpark, California Page 4 Mr. Aguilera gave the staff report. February 10, 1993 Mayor Lawrason commented that the emergence of a pole sign for this project is new information to him. Councilmember Perez said he agreed with the Mayor. This was new information. Dave Ghirardelli, 2659 Townsgate Road, Westlake Village, addressed the Council stating he was present to express the concerns of the developer. He said the proposed sign will help to denote where the driveway to the project is located. In response to Councilmember Hunter, Mr. Ghirardelli said there would be no street numbers on the sign and that the bottom two "spots" will not be split into more than two tenants' name -- for a total of five "spots" only on the sign. In response to Mayor Lawrason, Mr. Ghirardelli indicated that each "spot" for a tenant would have large lettering and be readable enough that it would not cause accidents relative to motorists searching for appropriate tenants. In response to staff question, Mr. Ghirardelli said this sign is being requested in addition to the monument signs. In response to Council question, Mr. Aguilera indicated that a 24 foot height is allowable in the sign section of the zoning ordinance. The measurement is taken from street grade. Mr. Aguilera said that the property managers at the Town Center had indicated they will also apply for this type of sign. Colin Velazquez, 476 Los Angeles Avenue, indicated that he felt the City was too stringent on sign programs. He said small monument signs are traffic hazards, the larger ones are better. Ethel Sulkis, 270 Sierra Avenue, addressed the Council indicating her support of larger signs. Gerry Goldstein, 11932 Los Angeles Avenue, indicated his support of the sign being requested. Minutes of the City Council Moorpark, California Page 5 February 10, 1993 In response to Councilmember Hunter, Mr. Aguilera indicated that the colors for the proposed sign were within the approved pallet. MOTION: Councilmember Montgomery moved and Councilmember Hunter seconded a motion to approve the applicant's request for the pylon sign, the color to be determined by the Director of Community Development; the six by eight foot monument sign located on Los Angeles Avenue west of the K- Mart driveway entrance to be replaced by the pylon sign; the two 4x6 foot monument signs located on Los Angeles Avenue east of the K -Mart driveway to be deleted; the six by eight foot monument sign located on the corner of Los Angeles Avenue and Park Lane to remain; the four by six foot monument sign located on Park Lane to be added. The motion carried by unanimous voice vote. Councilmember Montgomery stated that signs create a definite impact with regard to businesses determining to move into Moorpark. He said where signs are too restrictive, businesses fail. He also indicated that directional signage was needed for the Old Town section of the city. Both Mayor Lawrason and Councilmember Perez indicated their concern that economic conditions not dictate a sign policy which would be detrimental in the future. AT THIS POINT in the meeting, a recess was declared. The time was 9:10 p.m. The Council reconvened at 9:30 p.m. C. Consider a Reauest by Gerald Bridgeman Regarding Off - Site Improvements for LDM 90 -7. Staff Recommendation: The Council may wish to consider either of the following: 1) Continue the item for future discussion until such a time that an approved cost estimate and conceptual plan is received and reviewed for all associated widening costs; or 2) No change to condition, but allow applicant to pay for cost of improvements in lieu of construction at this time. (Continued Item 11.B. from 1/20/93). Mr. Lovett gave the staff report. In response to Mayor Lawrason, he said no estimate has been provided by Mr. Bridgeman nor his engineer. Gerald Bridgeman, 78 Wicks Road, addressed the Council saying he did not realize a detailed engineering study Minutes of the City Council Moorpark, California Page 6 February 10, 1993 was needed. He said Wicks Road is twelve feet too far to the north near his property. He said it should be sufficient for him to resurface the street and provide berm and gutter where needed for drainage. Mr. Abbott said an improvement plan is needed from the applicant. He said the City standard for Wicks Road is forty feet and that was what was the condition imposed on Holmes. Mr. Kueny indicated that Wicks Road is a residential collector. In response to Councilmember Montgomery, Mr. Abbott said that no additional requirements are being made of Mr. Bridgeman than were required of Mr. Holmes. Councilmember Wozniak said the City needed to be consistent and require something more substantial to review in the way of an improvement plan. MOTION: Councilmember Wozniak and Councilmember Montgomery seconded a motion to continue this item for future discussion until such time that an approved cost estimate and conceptual plan is received and reviewed for all associated widening costs. The motion carried by unanimous voice vote. J. Consider a Code Enforcement Cost Recovery Program. Staff Recommendation: That the City Council approve the concept presented by staff for the development of the Code Enforcement Cost Recovery Program and defer the matter to the City Attorney for the preparation of an initial draft resolution and ordinance. Mayor Lawrason congratulated Mr. Reynolds on an excellent staff report. In response to Councilmember Wozniak, Mr. Hare said some discretion is allowed in an extension of time if a good faith effort is being made by the person cited or if other circumstances in staff's opinion warrant the extension. Mr. Hare also indicated that an administrative appeal would be allowed if a citizen felt he was being pursued too forcefully. Minutes of the City Council Moorpark, California Page 7 February 10, 1993 Councilmember Montgomery indicated that this process would bring in a minor amount of revenue and is a mechanism which the state will recognize. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to direct staff to report back to the Budget and Finance Committee in April, 1993 with a draft ordinance and an administrative plan to implement the program. The motion carried by unanimous voice vote. L. Consider Soliciting Public Input Regarding Expansion of the City's Sphere of Influence to Include Specific Plan No. 8 (Messenger, et al) . Staff Recommendation: Direct staff as deemed appropriate. Councilmember Wozniak said that he had requested this item be placed on the Council's agenda. He indicated that he had received many calls from people regarding the Messenger project. He said most of the comments came from residents of the eastern part of the city. Mayor Lawrason indicated that the City did not want an Ahmanson project next to it that could not be influenced by the City. Councilmember Montgomery indicated that he hoped the MOU with Messenger would be forthcoming soon. He said he did not favor an advisory vote regarding this matter. He said the City needed to enter into a developer agreement with Messenger that would identify the benefits which would accrue to the City from this development. He said he would support going to the public with a mandated vote on a development agreement. Gary Austin, 17512 VonKarman Blvd, Irvine, addressed the Council. He indicated that an election would cost taxpayer money, and that it is the Council's job as the elected representatives of the people to make the determination on the project. He stated that there will be many opportunities for the public to comment during the development process. He said he has agreed to prepare a specific plan. He further stated, that one way to trigger public comment was to direct the staff to file an application to modify the sphere of influence. Councilmember Hunter said he believed public input was needed. He said he wanted public input at a maximum on this project and invited interested citizens to the Town Hall meeting on February 20 in the Community Center. Minutes of the City Council Moorpark, California Page 8 February 10, 1993 Councilmember Perez reminded the Council that Specific Plan 8 would include more than just the Messenger project. Mayor Lawrason indicated that he would want to deal with all 4,000 acres in the Specific Plan 8 area. AT THIS POINT in the meeting, the City Clerk stated it was time to reorder the agenda. The time was 11:15 p.m. The Council resumed its consideration of item 11.L. CONSENSUS: By consensus, the Council determined to place the Memorandum of Understanding with Messenger Investment Company on the next agenda and also to consider a sphere of influence application if appropriate. The Council requested that a copy of the draft MOU and committee comments be provided to all Councilmembers. 9.C. Consider Revisions to the City Zoning Ordinance - City of Moorpark. Staff Recommendation: Review the proposed changes and advise staff of any additional changes to the Zoning Ordinance. (Continued Item 11.F. from 1/20/93). Public hearing remains open. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue this item to the meeting of February 17, 1993; the public hearing to remain open. The motion carried by unanimous voice vote. 12. ORDINANCES: None. 13. FUTURE AGENDA ITEMS: None. 14. CLOSED SESSION: MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to adjourn to Closed Session for discussion of 14.A., Personnel; 14.E., Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54956.8. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 9 February 10, 1993 AT THIS POINT in the meeting a recess was declared. The time was 11:25 p.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Richard Hare, Deputy City Manager. The meeting reconvened into Open Session at 11:54 p.m. Mr. Kueny indicated there was no action to report out of Closed Session and only items no. 14.A. and 14.E. were discussed. 15. ADJOURNMENT: Mayor Lawrason adjourned the meeting at 11:54 p.m. Paul W. Lawrason Jr., Kayor ATTEST: r-