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HomeMy WebLinkAboutMIN 1995 1018 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California October 18, 1995 A Regular Meeting of the City Council of the City of Moorpark was held on October 18, 1995 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 7:30 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Hunter led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Hunter, Wozniak and Mayor Lawrason. Absent: Councilmember Perez Mayor Lawrason announced that Councilmember Perez is out of town on City business. 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: A. Presentation of Donation by the Moorpark Kiwanis Club for Halloween and Mardi Gras Special Events. Mayor Lawrason received checks from Emily Irelan, President -Elect of the Moorpark Kiwanis Club. A check for $100 was presented for Halloween Carnival and $250 for the Mardi Gras celebration. B. Recognition of National Crime Prevention Week. Mayor Lawrason presented a proclamation to Senior Deputy Ed Tumbleson. 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: CONSENSUS: By consensus, the Council determined to continue Item 11.D. to the meeting of November 1, 1995 as requested by Councilmember Wozniak so that all Councilmembers could be present. CONSENSUS: By consensus, the Council determined to continue Item 11.A. to the meeting of November 1, 1995 as requested by Councilmember Hunter to allow for additional information to be provided by staff. Minutes of the City Council Moorpark, California Page 2 6. PUBLIC COMMENT: October 18, 1995 Connie Lawrason, 4291 Ambermeadow Street, gave the CTAC /SSTAC report for October. She provided Metrolink buttons to the Council and staff. Roy Talley, 306 McFadden Avenue, spoke regarding the school Centennial committee. He said they are celebrating the 100th anniversary. He said a souvenir booklet is being produced which will cost $5.00. He encouraged the City to get involved in this effort. He encouraged sponsorship and donations from the community. Bruce Benton, 903 Majestic Court, addressed the Council with complaints about the police department and the arrest of his wife. Debbie Benton, 903 Majestic Court, addressed the Council with complaints regarding the police department and her treatment when she was arrested. Lieutenant Rouse commented that the District Attorney has filed a case relative to this arrest and this is not the proper forum to discuss the case. Kurt Fasmir, 10811 Citrus Drive, addressed the Council regarding the Home Acres Buffer Zone. He said there is an agreement that the City of Moorpark could tax homeowners for three years only and that tax would pay for half of the construction of the Open Space Buffer Zone. He said the zone was to provide emergency vehicle access and to remain a natural open space. He said he supported having the gate unlocked. Don Moore, 10789 Hill Drive, addressed the Council regarding the Home Acres Buffer Zone. He said the gates should be unlocked for a longer period of time in the evening. Brenda Heinrich, 5295 Hitch Blvd, addressed the Council regarding the Home Acres Buffer Zone. She requested that the gate be unlocked until 10:00 p.m. in the evening and opened again by 6:00 a.m. Tom Vachet, 11104 Terrace Ridge Road, addressed the Council regarding the Home Acres Buffer Zone. He clarified that this is a buffer zone not a park and those who climb the fence should be arrested. Minutes of the City Council Moorpark, California Page 3 October 18, 1995 Jodi Tredaway, 600 Spring Road, addressed the Council as the Woodcreek Apartments Manager. She indicated she was speaking on behalf of Leonard Rose, the owner of the apartment building. She requested that the sign program be modified to allow an additional sign adjacent to Spring Road. Councilmember Wozniak commented that the management company (Leonard Rose) can appeal the decision. Ms. Tredaway acknowledged that they are aware of the appeal process. In response to Ms. Tredaway, Mr. Kueny said an interim accounting of the processing costs can be provided to Mr. Rose. 7. COMMITTEE REPORTS: None. 8. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to pull items 8.I., 8.J., and 8.K. and approve the balance of the Consent Calendar. The motion carried by roll call vote 3 -0, Councilmember Perez absent for the vote. A. Consider Approval of Minutes of the Regular Meeting of the City Council of September 6, 1995. Consider Approval of Minutes of the Special Meeting of the City Council of September 20, 1995. Consider Approval of Minutes of the Special Meeting of the City Council of October 4, 1995. Staff Recommendation: Approve the minutes as processed. Consider Approval of Warrant Register. Manual Warrants 28204 -28209 $ 80,622.09 Voided Warrant 28061 $ (19.12) Regular Warrants 28212 -28327 $ 427,300.00 Staff Recommendation: Approve the Warrant Register. Minutes of the City Council Moorpark, California Page 4 October 18, 1995 C. Consider Minor Modification No. 2 to Planned Development Permit 1051 (Leonard Rose). Request to Modify the Sign Program to Allow an Additional Sign Adjacent to Spring Road. Staff Recommendation: Receive and file the report. D. Consider Revisions to Charles Abbott & Associates Contract for City Engineering Services. Staff Recommendation: Approve a 2.5% increase in the rates for Engineering Services to be made effective November 1, 1995. E. Consider Resolution No. 95 -1148 Approving the State -Local Partnership Program Supplemental Agreement Between the City and the State for Partial Funding of the 1995 Street Reconstruction Proiect. Staff Recommendation: Adopt Resolution No. 95 -1148 approving the subject Supplemental Agreement and authorizing the Mayor to execute same. F. Consider Revisions to the Land Use Development Fees, (Developer Fees), and Related Applications of Code Enforcement and Administrative Services Fees. Staff Recommendation: That the City Council, pursuant to Government Code 66016, conduct a public meeting on November 1, 1995 at 7: 00 P.M. , to revise the fee rate and cost recovery program applicable to the City's land use development permits, Code Enforcement and Administrative Services Department. G. Consider Award of Contract for Security Lighting Installation at Glenwood and Campus Canyon Parks. Staff Recommendation: 1) Award contract for installation of security lighting at Glenwood and Campus Canyon Parks to Big O Enterprises, Inc., for the amount of $15,000; and 2) Authorize City Manager to sign all appropriate contractual agreements; and 3) Appropriate an additional $2,000 from the Glenwood Park Zone (Zone 6) of the Park Improvement Fund (Fund 5). H. Consider Award of Contract for Construction of Basketball Court at Peach Hill Park. Staff Recommendation: 1) Award contract for construction of basketball court at Peach Hill Park to CNM Paving for the amount of $21,634; 2) Appropriate an additional $2,000 from the Peach Hill Zone (Zone 4) of the Park Improvement Fund (Fund 5); and 3) Authorize City Manager to sign all appropriate contractual agreements. Minutes of the City Council Moorpark, California Page 5 October 18, 1995 L. Consider Resolution No. 95 -1149 Rescinding Resolution Nos. 85 -244 and 95 -1115 Pertaining to Parking Restrictions on Condor Drive and Reenacting Revised Parking Restrictions on Said Street. Staff Recommendation: Adopt Resolution No. 95 -1149 rescinding Resolution Nos. 85 -244 and 95 -1115 and reenacting revised parking restrictions on Condor Drive. M. Consider L.K.P. Properties Grading Export Request (APN 500- 00- 34 -22). Staff Recommendation: Approve the requested export quantity and route as conditioned in the staff report. The following items were pulled from the Consent Calendar for individual consideration: I. Consider Appropriation of Additional Park Improvement Funds for Relocation of Fencing at Griffin Park. Staff Recommendation: Appropriate $4,000 from Fund 5, Zone 3 (Campus Park Zone) for the relocation of the fencing along the south side of the park. In response to Councilmember Hunter, Mr. Gilbert said that although moving the fence south to keep cars from careening off the offramp into the park was discussed, it was determined that such an occurrence was an extremely remote possibility. Mr. Gilbert said the intent is to plant trees along the perimeter and when the trees mature they would create a buffer. Councilmember Hunter requested that staff contact Caltrans and ask if they would erect a guardrail. He said he would be willing to consider sharing the costs for the construction of the guardrail. MOTION: Councilmember Hunter moved and Mayor Lawrason seconded a motion to direct staff to contact Caltrans regarding the construction of a guardrail on the offramp to prevent cars from careening off the offramp into the park. The motion carried by voice vote 3 -0, Councilmember Perez absent for the vote. J. Consider Change to Scheduled Meeting Time for Public Works. Facilities and Solid Waste Council Committee. Staff Recommendation: Approve a change in the meeting time from 5:30 p.m. to 6:30 p.m. on the third Monday of the month. Minutes of the City Council Moorpark, California Page 6 October 18, 1995 CONSENSUS: By consensus, the Council determined to table this item. K. Consider Acceptance of Country Trail Park. Staff Recommendation: 1) Accept Country Trail Park and initiate the one year developer maintenance period upon completion of all necessary work to the satisfaction of the Director of Community Services; 2) Authorize City staff to execute necessary documents to implement the acceptance of the park and one year maintenance period; 3) Set Park Dedication for Country Trail Park for Saturday, October 28, 1995, at 3 p.m. Councilmember Hunter requested that the staff recommendation be amended to include that California Community Builders would pay the City for one year of maintenance and a 25% administrative overhead. He also requested that the park dedication be held November 4 at 3:00 p.m. MOTION: Councilmember Hunter moved and Councilmember Wozniak seconded a motion to 1) accept Country Trail Park and initiate the one year developer maintenance period upon completion of all necessary work to the satisfaction of the Director of Community Services and that California Community Builders pay the City for one year of maintenance costs and a 25% administrative overhead; 2) Authorize city staff to execute necessary documents to implement the acceptance of the park and one year maintenance period; 3) Set Park Dedication for Country Trail Park for Saturday, November 4, 1995 at 3 p.m. The motion carried by voice vote 3 -0, Councilmember Perez absent for the vote. AT THIS POINT in the meeting, a recess was declared. The time was 8:38 p.m. The Council reconvened at 9:03 p.m. 9. PUBLIC HEARINGS: A. Consider Approval of Major Modification No. 1 to CPD 90 -2 on the Application of American Stores Properties. Inc. Staff Recommendation: 1) Open the hearing and accept public testimony; 2) Prior to making a decision on this project make a determination that: a. The effects of the proposed project were analyzed in the Mitigated Negative Declaration, Initial Study, and Mitigation Monitoring Program prepared for CPD 90 -2; and b. There will not be a significant effect in this case because Major Modification No. 1 is for a reduction in size from the originally approved project of 122,400 square feet to Minutes of the City Council Moorpark, California Page 7 October 18, 1995 118,873 square feet, and that the mitigation measures applied to CPD 90 -2 have been incorporated into Major Modification No. 1; 3) Make the appropriate findings (Exhibit No. 1 in Planning Commission Staff Report dated August 28, 1995) ; and 4) Direct staff to prepare a resolution approving Major Modification No. 1 to CPD 90 -2 and rescinding Resolution No. 90 -729 for presentation at the City Council's meeting on November 1, 1995. Councilmember Hunter indicated that after consulting with the City Attorney because of a possible conflict of interest, he would remove himself from consideration of this project. He indicated that the potential conflict of interest is relative only to the distance of his home from the project boundary. Mayor Lawrason said that there was now less than a quorum to consider the item, so as a result no further discussion is possible. In response to Mayor Lawrason, Ms. Kane indicated that no public testimony can be taken. 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 11. ACTION /DISCUSSION: * A. Consider Revisions to the Council Rules of Procedure. Staff Recommendation: That revisions to the Rules of Procedure be made as presented and that the final document be placed on the next regular City Council meeting agenda for receive and file action and that staff be directed to prepare the Mayor's script and revise Speaker Cards. (Continued) This item was continued to November 1, 1995. B. Consider Resolution No. 95 -1150 Relative to Amendment of the Moorpark Municipal Code Section Addition of Section No 17.32.011 Regarding Second Driveways in Residential Zones (City of Moorpark. Staff Recommendation: Adopt Resolution No. 95 -1150 directing the Planning Commission to study, set a public hearing and provide a recommendation to the City Council pertaining to the proposed changes to the City's Zoning Ordinance. (Continued) Mr. Aguilera gave the staff report. Minutes of the City Council Moorpark, California Page 8 October 18, 1995 MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to adopt Resolution No. 95 -1150 directing the Planning Commission to study, set a public hearing and provide a recommendation to the City Council pertaining to the proposed changes to the City's zoning ordinance. The motion carried by voice vote 3 -0, Councilmember Perez absent for the vote. C. Consider Approval of Minor Modification No. 4 to Planned Development Permit No. 1072, Request to Delete a 10 Foot Pedestrian Easement from the Terminus of Sagewood Drive to the Adjacent Commercial Site (UWC Investors). Staff Recommendation: Direct staff as deemed appropriate. Councilmember Hunter stated that this is a companion item to the public hearing item 9.A. and so his potential conflict of interest extended to this item. He said the Council did not have the ability to take action without a quorum. D. Consider Hours for Home Acres Buffer Zone. Staff Recommendation: Establish hours for pedestrian gate. This item was continued to November 1, 1995. 12. ORDINANCES: A. Consider Second Reading and Adoption of Ordinance 209 - - Zoning Ordinance Amendment No. 95 -2 (Ali Boukhari) to Allow Automobile Service Station in Industrial Zone. Ms. Kane read the ordinance title. MOTION: Councilmember Hunter moved and Councilmember Wozniak seconded a motion to read the ordinance title and waive further reading. The motion carried by voice vote 3 -0, Councilmember Perez absent for the vote. MOTION: Councilmember Hunter moved and Councilmember Wozniak seconded a motion to declare Ordinance No. 209 read for the second time and adopted as read. The motion carried by voice vote 3 -0, Councilmember Perez absent for the vote. 13. CLOSED SESSION: MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to adjourn to Closed Session for a discussion of Item 13.B. Minutes of the City Council Moorpark, California Page 9 October 18, 1995 B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - two) to discuss one case. The motion carried by voice vote 3 -0, Councilmember Perez absent for the vote. AT THIS POINT in the meeting, a recess was declared. The time was 9:15 p.m. The Council reconvened into Closed Session at 9:20 p.m. Present in Closed Session were Councilmembers Hunter, Wozniak and Mayor Lawrason; Steven Kueny, City Manager; Cheryl Kane, City Attorney; Richard Hare, Deputy City Manager; and Jim Aguilera, Director of Community Development. The Council adjourned from Closed Session at 10:05 p.m. Mr. Kueny stated that only Item 13.B. (one case) was discussed and there was no action to report. 14. ADJOURNMENT: Mayor Lawrason adjourned the meeting. The time was 10:05 p.m. Paul W. Lawrason Jr., Mayor ATTEST: Lillian E. Hare, City Clerk MU I