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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 ATTEST: