HomeMy WebLinkAboutMIN 1996 0320 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California March 20, 1996
A Regular Meeting of the City Council of the City of Moorpark was
held on March 20, 1996, in the Council Chambers of said City
located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Pro Tem Wozniak called the meeting to order at 7 :06 p.m.
2. PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Brian Charbonneau.
3. ROLL CALL:
Present: Councilmembers Hunter, Perez, Wozniak
Absent: Mayor Lawrason
Staff Present: Steven Kueny, City Manager; Richard Hare,
Deputy City Manager; Christine Adams, Director
of Community Services; Charles Abbott, City
Engineer; Dirk Lovett, Assistant City
Engineer; Lt. Marty Rouse, Sheriff's
Department; Lillian Hare, City Clerk; Dorothy
Vandaveer, Deputy City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Recognition of Dot Vandaveer, for Achieving Certified
Municipal Clerk Designation.
Mayor Pro Tem Wozniak presented a Certificate of
Recognition to Dorothy Vandaveer.
B. Proclamation to Recognize National Public Health Week,
April 1, 1996.
Sheryl Low, County Public Health, accepted the
proclamation.
C. Proclamation Recognizing National Agriculture Day, March
20, 1996.
David Buettner, Chief Deputy Commissioner for the
Agricultural Commission, accepted the proclamation.
D. Recognition of Eagle Scout, Brian Joseph Charbonneau.
Brian Joseph Charbonneau accepted his Certificate of
Recognition from Mayor Pro Tem Wozniak.
Minutes of the City Council
Moorpark, California Page 2 March 20, 1996
E. Proclamation to Recognize National Records and
Information Management Day, April 2, 1996.
Lillian Hare accepted the proclamation.
F. Recognition of Officer of the Year, Senior Deputy Ron
Nelson.
Senior Deputy Ron Nelson accepted the Certificate of
Recognition.
G. Recognition of the Moorpark High School Boys Basketball
Team.
Assistant Coach Brian Friefeld accepted the Certificate
of Recognition and introduced the basketball team
members.
H. Recognition of the Moorpark High School Girls Basketball
Team.
Brent Milburn, coach for the Girls Varsity Basketball
Team accepted the Certificate of Recognition and
introduced the team.
I. Proclamation to Recognize International Building Safety
Week, April 7 -13, 1996.
Jim MacDonald, the city's building official accepted the
proclamation.
5. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
Mayor Pro Tem Wozniak announced that the Public Hearing
items 8.A., 8.B., B.C. and B.D. would be continued to
March 27, 1996.
6. PUBLIC COMMENT:
Joseph Reisdorf, 6216 Tapia Drive, Malibu, from Aurora
Associates, addressed the Council regarding item 8.E. He
said his firm currently provides clean up service to
construction sites. He said his trucks would not be
traveling during peak hours.
Gloria Martin, 430 Bonnie View Drive, addressed the
Council requesting consideration for more code
enforcement officers in the city to meet the demands of
growth.
MC
Minutes of the City Council
Moorpark, California Page 3 March 20, 1996
7. CONSENT CALENDAR:
MOTION: Councilmember Perez moved and Councilmember Hunter
seconded a motion to pull items 7.E. and 7.F. and approve the
balance of the Consent Calendar. The motion carried by roll
call vote 3 -0, Mayor Lawrason absent for the vote.
' • • - • • • • V IM • • pp y •
Staff Recommendation: Approve the minutes as processed.
B. Consider Approval of Warrant Register
Manual Warrants 29920 - 29927 $ 18,965.52
W
553
Regular Warrants 29937 - 30055 $368,430.80
Staff Recommendation: Approve the Warrant Register.
4)Warmington Campus Hills Associates, L.P. Staff
Recommendation: 1) Accept the issuance of the Certificate
of Occupancy for the Recreation Center as certification
of completion of the Recreation Center; 2) Authorize the
City Clerk to exonerate Bond No. 1350311.
Improvement Protects. Staff Recommendation: Approve the
changes to the appropriation and budget amounts for FY
1995/96 for certain projects as listed in Exhibit 'A' of
the staff report.
G. Consider Support for AB 2846 Regarding Annexations. Staff
Recommendation: Express support for AB 2846, and
authorize the Mayor to send a letter to the appropriate
legislative committee communicating the City's position.
H. Consider Modification of Landscape Plan for Villa
Campesina Park. Staff Recommendation: Approve proposed
modification of conceptual plan for Villa Campesina Park.
I. Consider Committee Review of Memorial Donations to Parks
and Facilities. Staff Recommendation: Approve
recommended changes to Guidelines for Recognition of
Donations as previously reviewed by the City Council.
1 tlt •
Minutes of the City Council
Moorpark, California Page 4 March 20, 1996
J. Consider Rerluest from Mountain Meadows Entertainment
Express (MM /EE) to Construct a Trench in a Recently Paved
Street. Staff Recommendation: Approve street trenching
to connect cable to Arroyo West School contingent on
meeting all encroachment permit requirements.
K. Consider_Authorizina Cites Council Community -Develotiment
Issues. Staff Recommendation: Authorize the Community
Development Committee to meet with all Specific Plan No.
8 property owners to facilitate resolution of issues and
to report back to the City Council with recommendations.
The following items were pulled from the Consent Calendar for
individual consideration:
E.
Construction Material Recycling Facility. Staff
Recommendation: Direct a letter be sent to the County of
Ventura expressing the City's concerns regarding CUP -4932
and the determination that this is an allowable use in an
Open Space Zone and indicating that the City's position
regarding the need for a traffic study for the proposed
project.
In response to Councilmember Hunter, Mr. Reisdorf
explained the process of stockpiling and disposing of
construction material on the proposed site. He indicated
that concrete will be stockpiled and then 3 to 4 times a
year a crusher would be brought to the site and the
material will be hauled off site as it is processed.
In response to Councilmember Perez, Mr. Reisdorf
confirmed that 3 axle vehicles will be used in the
operation. He said there will be some traffic on highway
23 but that other roads may be used as well.
In response to Mr. Kueny, Mr. Reisdorf said that he
expected the site to be utilized for approximately 5
years.
Mr. Kueny indicated that the CUP runs with the land and
would not have a 5 year limitation.
Minutes of the City Council
Moorpark, California Page 5 March 20, 1996
MOTION: Councilmember Hunter moved and Councilmember Perez
seconded a motion to draft a letter to the County expressing
the City's concerns regarding CUP 4932 and the County's
determination that this is an allowable use in an Open Space
Zone and indicating the City's position regarding the need for
a traffic study for the proposed project. The motion carried
by voice vote 3 -0, Mayor Lawrason absent for the vote.
F.
Operation. Staff Recommendation: Direct staff to send
a letter to the County of Ventura expressing the City's
concerns regarding the Draft Negative Declaration for
CUP -4917.
Councilmember Wozniak expressed his belief that the
proposed CUP does not fit the zoning and is a violation
of the A -E zone.
MOTION: Councilmember Wozniak moved and Councilmember Hunter
seconded a motion to direct staff to send a letter to the
County of Ventura expressing the City's concerns regarding the
draft negative declaration for CUP -4917 and including the
comments made by staff in the staff report and that this use
does not fit the zoning for A -E (Agricultural Exclusive). The
motion carried by voice vote 3 -0, Mayor Lawrason absent for
the vote.
8. PUBLIC HEARINGS:
Mayor Pro Tem Wozniak called item 8.A, and 8.B, concurrently.
A.
$49,984. Staff Recommendation: City Council receive
public testimony for consideration in appropriating the
1994 and 1995 Community Development Block Grant funds
estimated to be $49,984 and close the public hearing;
defer final appropriations to the March 20, 1996, City
Council meeting, and; direct the Budget and Finance
Committee to review proposals prior to the March 20, 1996
council meeting and make a recommendation to the Council
for final appropriation. (Continued item) NEW
RECOMMENDATION: That the City Council reappropriate
1994/95 CDBG monies estimated to be $49,983.55 as
presented in the staff report. (Public hearing is closed)
(ROLL CALL VOTE)
Minutes of the City Council
Moorpark, California Page 6 March 20, 1996
(Estimated to be $244,649). Staff Recommendation: That
the City Council receive public testimony for
consideration in appropriating the 1996/97 Community
Development Block Grant funds estimated to be $244,649
and close the public hearing; defer final appropriations
to the March 20, 1996 City Council meeting; and direct
the Budget and Finance Committee to review proposals
prior to the March 20, 1996 Council meeting and make a
recommendation to the Council for final appropriation.
(Continued item) NEW RECOMMENDATION: That the City
Council appropriate the 1996/97 CDBG funds estimated to
be $244,649 as presented in the staff report. (Public
hearing is closed) (ROLL CALL VOTE)
CONSENSUS: By consensus the Council determined to continue
these items to March 27, 1996; the Public Hearings having been
previously closed.
No. 94 -1. Staff Recommendation: 1) Open the public
hearing and take public testimony; 2) Consider draft
conditions of approval and provide staff with any
comments regarding required revisions; 3) Direct staff to
provide the City Council with the Addendum to the Final
EIR and any recommended revisions to conditions for a
continued public hearing on March 13, 1996; 4) Direct
staff to provide the City Council with a draft Mitigation
Monitoring Program, EIR Findings, and Statement of
Overriding Considerations, the City Council's meeting on
March 20, 1996; and 5) Continue the public hearing to
March 13, 1996 (CONTINUED ITEM. PUBLIC HEARING REMAINS
OPEN)
CONSENSUS: By consensus the Council determined to continue
this item to March 27, 1996; the Public Hearing having
previously been closed.
Minutes of the City Council
Moorpark, California Page 7 March 20, 1996
D. Consider Ordinance No. Of the City of Moorpark,
California Apprnuing Development Agreement Between
reading. the City and Bollinger Development Corporation. Staff
Recommendation: Approve Ordinance No. for first
Mayor Pro Tem Wozniak opened the Public Hearing. The
City Clerk announced that this was a properly advertised
Public Hearing and the affidavit of publication is on
file in her office.
There were no speakers for this item.
MOTION: Councilmember Perez moved and Councilmember Hunter
seconded a motion to continue this item to March 27, 1996; the
Public Hearing to remain open. The motion carried by voice
vote 3 -0, Mayor Lawrason absent for the vote.
9. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Perez announced that a citizenship workshop
would be conducted on Saturday, March 30 at Holy Cross
Catholic Church.
10. PRESENTATIONS /ACTION /DISCUSSION:
CONSENSUS: By consensus the Council determined to consider
item 10.A. and 10.B. concurrently.
A. Consider Resolution No. 96 -1190. Approving the Transfer
of a Cable Television Franchise from the Chronicle
Publishing Company, to TCI Communications, Inc. Staff
Recommendation: Approve transfer Resolution No. 96 -1190.
(Continued item)
B. Consider Approving Settlement Between the City of
Moorpark and the Chronicle Publishing Company (VCC)
Regarding Cable Television Rates and Charges. Staff
Recommendation: Approve Settlement Agreement. (Continued
item.)
Mr. Hare gave the staff report.
Bill Poleri, 6863 Trojan Court, addressed the Council and
said that he would like cable service to include CSPAN,
the weather channel and the history channel. He stated
that residents should make their desires known to the
cable company.
Minutes of the City Council
Moorpark, California Page 8 March 20, 1996
Dan Deutsch, General Manager of VCNN, 680 Charles Street,
answered questions from the Council. In response to
Councilmember Perez, he said level one service provides
channels 1 -20 and expanded service provides channels 1-
47. He said that Mountain Meadows Entertainment Express
is a separate system with a connection for channel 10.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to adopt Resolution No. 96 -1190 approving
the transfer of a cable television franchise from the
Chronicle Publishing Company to TCI Communications, Inc., and
to approve a settlement agreement between the City and the
Chronicle Publishing Company regarding cable television rates
and charges. The motion carried by voice vote 3 -0, Mayor
Lawrason absent for the vote.
C. Consider Requirement for Concurrent Processing of
Residential Planned Development Permit with Tentative
Tract Map Nos. 4975, 4976, 4977 and 4980 (C.T.
Financial). Staff Recommendation: 1) Require the filing
and concurrent processing of a Residential Planned
Development in conjunction with Tentative Tract Map Nos.
4975, 4976, 4977 and 4980; 2) Require the applicant file
and RPD and submit to the City information that
demonstrates that each proposed building pad has
buildable areas that can meet minimum setback areas
including the ability to vary front yard setback area,
and the size and location of all retaining walls; 3) That
prior to construction, the applicant shall apply for and
receive approval of a Major Modification to the RPD for
each tract area; and 4) Direct staff to impose conditions
of the Tentative Tract Maps stating that the maps not be
allowed to record prior to approval of a Major
Modification to the RPD and satisfaction of Prior to
Issuance of Zoning Clearance Conditions.
Mr. Kueny gave the staff report.
Ms. Kane indicated that her interpretation of the Zoning
Code is that it does not require the processing of an RPD
with a Tentative Tract.
Mr. Kueny indicated he would recommend the Council take
this matter off calendar.
F-Ur �& .I
Minutes of the City Council
Moorpark, California Page 9 March 20, 1996
MOTION: Councilmember Perez moved and Councilmember Hunter
seconded a motion to take this item off calendar. The motion
carried by voice vote 3 -0, Mayor Lawrason absent for the vote.
11. ORDINANCES:
A. Second Reading of Ordinance No. 213 - An Ordinance of the
City of Moorpark, California, Amending the Moorpark
Municipal Code by Adding Section 10.04.227, Providing
That it Is Unlawful for Any Person to park a Motor
Vehicle or a Transportable Living Facility on Any Street,
highway, of Public or Private Property for Purposes of
Living or Residing Therein.
Ms. Hare read the Ordinance title.
MOTION: Councilmember Perez moved and Councilmember Hunter
seconded a motion to waive further reading and declare
Ordinance No. 213 read for the second time. The motion
carried by voice vote 3 -0, Mayor Lawrason absent for the vote.
MOTION: Councilmember Perez moved and Councilmember Hunter
seconded a motion to adopt Ordinance No. 213 as read. The
motion carried by voice vote 3 -0, Mayor Lawrason absent for
the vote.
12. CLOSED SESSION:
None was held.
13. ADJOURNMENT:
MOTION: Councilmember Perez moved and Councilmember Hunter
seconded a motion to adjourn the meeting to March 27, 1996 at
7 :00 p.m. The motion carried by voice vote 3 -0, Mayor
Lawrason absent for the vote. The time was 8:45 p.m.
Paul W. L wrason Jr. Mayor
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