HomeMy WebLinkAboutMIN 1996 0821 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California August 21, 1996
A Regular Meeting of the City Council of the City of Moorpark was
held on August 21, 1996, 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 7:35 p.m.
2. PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Andrew James Krone.
3. ROLL CALL:
Present: Councilmembers Brown, Hunter, Perez, Wozniak
and Mayor Lawrason
Staff Present: Steven Kueny, City Manager; Richard Hare,
Deputy City Manager; Ken Gilbert, Director of
Public Works; Steve Hayes, Economic/
Redevelopment Manager; Cheryl Kane, City
Attorney; Mary Lindley, Assistant to the City
Manager; Dirk Lovett, Assistant City Engineer;
Nelson Miller, Director of Community
_ Development; Don Reynolds, Administrative
Services Manager; Martin Cole, Management
Analyst; Lillian Hare, City Clerk
4. PROCLAMATIONS AND COMMENDATIONS:
A. City Manager's Monthly Report.
Ms. Hare gave a brief overview of the City Clerk's
department and outlined upcoming projects and activities
which include the November 1996 election.
B. Certificate of Recognition for Andrew James Krone for
Achievement of Eagle Scout.
Mayor Lawrason presented a Certificate of Recognition to
Andrew James Krone.
C. Recognition of Former Planning Commissioner, Ted Martens.
Mayor Lawrason indicated that Mr. Martens was unable to
attend the meeting but would be provided the City plaque.
Minutes of the City Council
Moorpark, California Page 2 August 21, 1995
4. PROCLAMATIONS AND COMMENDATIONS: (Continued)
D. Recognition of Connie Lawrason for Service on the
CTAC /SSTAC.
Mayor Lawrason presented Connie Lawrason with a
Certificate of Recognition from the City Council for her
service of 10 years.
AT THIS POINT IN THE MEETING the City Council recessed in order to
convene the Redevelopment Agency. The time was 7:45 p.m. The
Council reconvened at 7:46 p.m.
5. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
CONSENSUS: By consensus the Council determined to reorder
the agenda to take the Presentation /Action /Discussion items
prior to the Public Hearings.
6. PUBLIC COMMENT:
Jim Stueck, 4767 Elderberry, addressed the Council as the
President of the Chamber of Commerce. He introduced Floyd
Thionnet from Moorpark College, who invited everyone to attend
the opening football game at Moorpark College.
Roseann Mikos, 14371 E. Cambridge Street, addressed the
Council regarding the Public Hearing process. She said with
regard to the process, often documents were provided too late
for the public to review them prior to the Public Hearing
being held.
Gerald Goldstein, 11932 Los Angeles Avenue, complained about
the City's Code Enforcement program.
7. CONSENT CALENDAR:
MOTION: Councilmember Brown moved and Councilmember Perez
seconded a motion to pull item 7.A., the minutes of July 2,
and 7.G. and approve the balance of the Consent Calendar. The
motion carried by unanimous roll call vote.
.� •- ,.. .
FY 1995 -96
Regular Warrants 31263 -31291 $74,335.38
Minutes of the City Council
Moorpark, California Page 3 August 21, 1995
FY 1996 -97
Regular Warrants 31295 -31452 $343,419.10
Manual Warrants 31245 -31257 $ 10,214.24
Voided Warrant 31048 ($ 294.75)
Staff Recommendation: Approve the Warrant Register.
C. Consider Amicus R_eguest Suter, at al, v. City of
Lafayette (Whether State Legislation Preempts a Local
gency's Ability to Bag late the Sale of Firearms Within
Its Jurisdiction). Staff Recommendation: Join amicus.
D.
E.
of Accounts Receiv ble Software for the City's
Computerized Accounting system nd for Software Supt
Ay a manta for the Accounts Receivable and Purchase Order
Modules (52,173.75). Staff Recommendation: Adopt
Resolution No. 96 -1218 making a supplemental
appropriation in the amount of $2,173.75.
Storm Drainage Project (Project Number 8011). Staff
Recommendation: Adopt Resolution No. 96 -1219 Clarifying
fund appropriations for certain capital projects and
approving a budget amendment for the Moorpark
Avenue /Spring Road Storm Drainage project (Project Number
8011) .
F. Consider Certificate of Compliance No. 96 -1 on the
Re Quest of Utility Sup ply Group,, Inc. (650 East Los
Angeles Avenue). Staff Recommendation: Receive and file
the report.
The following items were pulled from the Consent Calendar for
individual consideration:
Councilmember Wozniak indicated he would abstain from
voting on the minutes as he was not present at the
meeting.
Minutes of the City Council
Moorpark, California Page 4 August 21, 1995
MOTION: Councilmember Perez moved and Mayor Lawrason
seconded a motion to approve the minutes. The motion carried
by voice vote 4 -0. Councilmember Wozniak absent for the vote.
G. Consider Adoption of Resolution No. 96 -1210 Approving Planned
Development Permit No. 980 Minor Modification No. 11 by�he
Coffee Grinder Res taurant to Construct an Outdoor Patio for
Dining. Staff Recommendation: Adopt Resolution No. 96- 1210
Approving Planned Development Permit No. 980, Minor
Modification No. 11.
CONSENSUS: By consensus the Council determined to table
this item until later in the evening for a revision to the
Resolution.
9. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Mayor Lawrason announced the Community Celebration to be held
at the Arroyo Vista Recreation Center for the Moorpark Little
League All Stars at 5:00 p.m. on August 26, 1996.
Councilmember Hunter requested two agenda items. He said the
first agenda item is relative to an amendment of the Council
Policies. He indicated he would provide the Council with
information. He said his second agenda request was for an
item relative to the signal phasing at Tierra Rejada Road and
Moorpark Road. He said he would like the item to come forward
to the full Council and not the Committee, and he indicated he
favored a restrictive left turn.
10. PRESENTATIONS /ACTION /DISCUSSION:
A.
Planning Commission's Atinroval of Anneal 96-2; Appeal
Director of Community DevelonM nt's Determination that a
Pawnshop is not an EQuivalent Use Zn the General
Commercial (C -2) zone. Staff Recommendation: Direct
staff as deemed appropriate.
Mr. Miller gave the staff report.
Annabelle Sessler, 6061 Gabbert Road, addressed the
Council in opposition to the proposed pawnshop. She
indicated that the Moorpark Active Seniors were against
the location of the pawnshop on High Street.
Lynn Owens, 4647 Adonis Place, addressed the Council in
opposition to the location of a pawnshop on High Street.
Minutes of the City Council
Moorpark, California Page 5 August 21, 1995
Joe Ahearn, 484 E. Los Angeles Avenue, addressed the
Council in opposition to a pawnshop being located on High
Street.
Chris Evans, 4430 Cedarglen Court, addressed the Council
in opposition to a pawnshop being located on Moorpark
Avenue.
Linda Warren- Waynert, 19 W. Gainsborough Road, Thousand
Oaks, addressed the Council as the applicant. She said
that a pawnshop was a "poor man's bank" and that because
of the required reporting to local police, a pawnshop was
not a place that attracted the criminal element.
MOTION: Councilmember Hunter moved and Councilmember Brown
seconded a motion to sustain the appeal. The motion carried
by unanimous roll call vote.
B. Consider Designation of Voting Delegate for League Annual
Conference. Staff Recommendation: Designate a voting
representative and an alternate.
Ms. Hare gave the staff report.
CONSENSUS: By consensus the Council determined to name
Councilmember Brown as the voting delegate and Councilmember
Wozniak as the alternate, with any other City Councilmember
designated to serve as an alternate if the need arises.
C. Consider AppQnriate Street Section for Evistinu Unidos
Avenue. Staff Recommendation: 1) Direct staff to
investigate the possibility of constructing a residential
unit and the related costs; 2) Existing Unidos Avenue
will be built out as a Minor Commercial Road (Plate B-
3D) , with a knuckle terminus at the east end built to
City and Fire Protection District standards; 3) The
appropriate street section for future New Los Angeles
Avenue and Liberty Bell Road and between Park Lane
southerly extension (of New Los Angeles Avenue) and
Moorpark Avenue will be determined after review of
traffic studies prepared for development projects; 4)
Engineering staff shall study and determine modified
knuckle design and modification to street section after
a decision regarding possible construction of a
residential unit.
Mr. Miller gave the staff report.
Minutes of the City Council
Moorpark, California Page 6 August 21, 1995
Colin Velazquez, 476 W. Los Angeles Avenue, addressed the
Council and indicated his opposition to creating a
residential lot at the stub end of Unidos Avenue east of
Juarez Avenue. He said he did not agree that Unidos
should be built as a commercial road. He said the right
of way which he donated should be returned to him along
with the monies he was required to deposit for the
construction of the road.
He said he suggested a rural driveway could be put in the
place of a road and that he would be willing to accept a
condition that if the City later wanted to extend the
street, he would be required to give the land he
previously dedicated back to the City.
In response to Council question, Mr. Kueny confirmed that
the funds were collected for road purposes from Mr.
Velazquez.
Councilmember Perez suggested a traffic study should be
commissioned for this area.
Mr. Miller indicated that there is another development
request coming forward east of Park Lane which will
result in a traffic study of the area.
MQTQM: Councilmember Perez moved to direct staff to
investigate the possibility of constructing a residential unit
and the related costs. THE MOTION DIED FOR A LACK OF A
SECOND.
Councilmember Hunter stated he felt that a commercial
standard street was not needed. He said he felt the
proposed street should be abandoned and the deposit
returned to Mr. Velazquez.
Councilmember Brown suggested considering an alley.
In response to Council question, Mr. Kueny said if the
City were to consider an alley, the nearby residents
should be informed so they can provide comments.
MOTION: Mayor Lawrason moved and Councilmember Wozniak
seconded a motion to approve a 36" roadway curb to curb as
verified by staff; staff to look at the costs for vacation
proceedings, the cost for knuckle and street design, the cost
for re- shaping the crown of the street and to research the
deposit provided by PD 1065; the information to be brought
back to Council for a final decision. The motion failed 1 -4,
Councilmembers Brown, Hunter, Perez and Wozniak dissenting.
Minutes of the City Council
Moorpark, California Page 7 August 21, 1995
Councilmember Brown requested costs prior to making a
determination on this matter.
MOTION: Councilmember Brown moved and Councilmember Hunter
seconded a motion to continue this matter to the meeting of
September 4, 1996. The motion carried by voice vote, 4 -1,
Mayor Lawrason dissenting.
8. PUBLIC HEARINGS:
A. Consider the Special Devices, Incorporated (SDI) Project:
General Plan Amendment No. 95 -1, Zone Change No. 95 -3,
Vesting Tentative Map No. 5004, and Industrial Planned
Development (IPD) Permit No. 95 -2. Staff Recommendation:
1)
the proposed p!roject; 2) Direct staff to prepare the
testimony on the proposed project; 2) Direct staff to
prepare the Final EIR (including responses to comments),
Mitigation Monitoring Program, EIR Findings, and
Statement of Overriding Considerations; 3) Direct staff
to prepare a draft approval resolution and zone change
ordinance; and 4) Continue the public hearing to August
21, 1996. PUBLIC HEARING IS CLOSED.
Mr. Nelson gave the staff report. He went over revisions
to the Resolution as follows:
Condition 49 of Vesting Tentative Tract Map No.
5004 to read:
Prior to initiation of rough grading or
approval of the final map, the site plan shall
be revised, to the extent feasible, to provide
for preservation of riparian habitats situated
on the north side of the property bordering
the Arroyo Simi and floodway easement area as
is accomplished through the dedication of lots
4 and D to the City through the Development
Agreement.
Condition 84 of the IPD No. 95 -2 to read:
Prior to issuance of a building permit for
either commercial or manufacturing facilities,
the removal and modification of habitat within
and adjacent to the riparian quarter shall be
compensated by the restoration of Valley Oak
Woodland and Native Riparian Tree Canopy
within the hundred year flood limit line of
Minutes of the City Council
Moorpark, California Page 8 August 21, 1995
lot 4 adjacent to the Arroyo Simi. Mitigation
shall require successful establishment of the
following species and plant quantities...
(The balance of the condition remains
unchanged.)
NOTION: Councilmember Wozniak and Councilmember Brown
seconded a motion to approve the staff recommendation to adopt
Resolution 96 -1221 certifying the final Environmental Impact
Report and approving the Mitigation Monitoring Program, EIR
findings, statement of overriding considerations; to adopt
Resolution 96 -1222 approving General Plan Amendment No. 95 -1
Vesting Tentative Tract Map No. 5004, and Industrial Planned
Development Permit No. 95 -2. The motion carried by unanimous
voice vote.
B.
Development Agrgam=t. Staff Recomendation: Introduce
Ordinance No. 220, Approving a Development Agreement
between the City of Moorpark and Special Devices,
Incorporated (Development Agreement No. 96 -1), for first
reading and waive full reading.
Mr. Kueny reviewed the proposed Development Agreement
with the Council and indicated that Special Devices, Inc.
personnel were reviewing changes to the proposed
agreement as he was speaking.
Mayor Lawrason opened the Public Hearing.
The City Clerk indicated that no speaker cards had been
received for this item except from Tom Treinen, of
Special Devices, Inc.
Mr. Treinen indicated he was present to answer any
questions.
AT THIS POINT IN THE MEETING the Council returned to a review
of item of 7.G. to allow the applicant from Special Devices,
Inc. to finish their review of the Development Agreement
changes.
7.G. Consider Adoption of Resolution No. 96 -1220 ADr)rovin
Planned Development Permit No. 980 Minor Modification No.
11 by the Coffee Grinder Restaurant to Construct an
Outdoor Patio for Dining. Staff Recommendation: Adopt
Resolution No. 96 -1220 Approving Planned Development
Permit No. 980, Minor Modification No. 11.
Minutes of the City Council
Moorpark, California Page 9 August 21, 1995
Mr. Nelson read the following changes to the Resolution:
Section 1 (b) to be deleted as it is
duplicated in the resolution.
Section 3 (3) to be changed to read, "Applicant
shall plant additional trees and landscaping
equal to that which was removed to replace and
enhance the subject property. This
landscaping shall be subject to the approval
of the Director of Community Development."
MOTION: Councilmember Hunter moved and Councilmember Brown
seconded a motion to approve Resolution 96 -1220 approving
Minor Modification No. 11 to Planned Development Permit No.
980 (Coffee Grinder). The motion carried by unanimous voice
vote.
AT THIS POINT IN THE MEETING the Council resumed item B.A.
8.A. Consider the Special Devices, Incorporated (SDI) Project:
General Plan Amendment No. 95 -1, Zone Change No. 95 -3,
Vesting Tentative Map No. 5004, and Industrial Planned
Development (IPD) Permit No. 95 -2. Staff Recommendation:
1)
the proposed project; 2) Direct staff to prepare the
testimony on the proposed project; 2) Direct staff to
prepare the Final EIR (including responses to comments),
Mitigation Monitoring Program, EIR Findings, and
Statement of Overriding Considerations; 3) Direct staff
to prepare a draft approval resolution and zone change
ordinance; and 4) Continue the public hearing to August
21, PUBLIC HEARING IS CLOSED.
Ms. Hare read the Ordinance title.
MOTION: Councilmember Brown moved and Councilmember Wozniak
seconded a motion to read the ordinance title only and waive
further reading. The motion carried by unanimous voice vote.
MOTION: Councilmember Brown moved and Councilmember Wozniak
seconded a motion to declare Ordinance No. 219 introduced for
first reading. The motion carried by unanimous voice vote.
Minutes of the City Council
Moorpark, California Page 10 August 21, 1995
11. ORDINANCES:
A. Second Reading and Adoption of Ordinance No. 217 - An
Ordinance of the City of Moorpark Amending Section
9.16.020 of the Moorpark Municipal Code Related to
Curfews and Loitering by Minors.
Ms. Hare read the Ordinance title.
MOTT : Councilmember Wozniak moved and Councilmember
Hunter seconded a motion to read the ordinance title only and
waive further reading. The motion carried by unanimous voice
vote.
MOT=OR: Councilmember Wozniak moved and Councilmember
Hunter seconded a motion to declare Ordinance No. 217 read for
the second time and adopted as read. The motion carried by
unanimous voice vote.
B. Second Reading and Adoption of Ordinance No. 218 - An
Ordinance of the City of Moorpark Regarding the
Solicitation of Employment, Business or Contributions of
Money or Other Property within the City.
Ms. Hare read the ordinance title.
MOT=Ori: Councilmember Hunter moved and Mayor Lawrason
seconded a motion to read the ordinance title only and waive
further reading. The motion carried by unanimous voice vote.
MQTZON: Councilmember Hunter moved and Mayor Lawrason
seconded a motion to declare Ordinance No. 218 read for the
second time and adopted as read. The motion carried by
unanimous voice vote.
C. Second Reading and Adoption of Ordinance No. - An
Ordinance of the City Council Approving Zone Change No.
95 -3 for Special Devices, Incorporated (SDI).
CONSENSUS: By consensus the Council determined to continue
this item to August 28, 1996.
Minutes of the City Council
Moorpark, California Page 11 August 21, 1995
D. Second Reading and Adoption of Ordinance No. - An
Ordinance of the City Council approving a Development
Agreement between the City of Moorpark and Special
Devices, Incorporated (SDI).
CONSENSUS: By consensus the Council determined to continue
this item to August 28, 1996.
10. D. Consider FY1996i97 Goals and Objectives. Staff
Recommendation: Approve the Goals and Objectives for
FY1996/97.
Mr. Kueny gave the staff report.
C NSENSUS: By consensus the Council determined to continue
this item to September 4, 1996.
AT THIS POINT IN THE MEETING a recess was declared. The time was
10:25 p.m. The Council reconvened at 10:35 p.m. and the Council
resumed discussion of B.B.
8. B.
Development Agreement. Staff Recommendation: Introduce
Ordinance No. , Approving a Development Agreement
between the City of Moorpark and Special Devices,
Incorporated (Development Agreement No. 96 -1), for first
reading and waive full reading.
Mr. Kueny reviewed the changes to the agreement.
Mayor Lawrason closed the Public Hearing.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to allow the introduction of the Ordinance
to approve the Development Agreement between the City and
Special Devices, Inc. The motion carried by unanimous voice
vote.
Ms. Hare read the Ordinance title.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to read the ordinance title only and waive
further reading. The motion carried by unanimous voice vote.
Minutes of the City Council
Moorpark, California Page 12 August 21, 1996
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to declare Ordinance 220 as introduced for
first reading. The motion carried by unanimous voice vote.
12. CLOSED SESSION:
MOTION: Councilmember Hunter moved and Councilmember Perez
seconded a motion to adjourn to Closed Session for a
discussion of item 12.C.
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: Portion of 506 - 010 -045
Negotiating parties: City of Moorpark and Southern
California Edison
Under Negotiation: Price and terms of payment
The motion carried by unanimous voice vote.
Present in Closed Session were all Councilmembers, Steven
Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl
Kane, City Attorney.
The Council reconvened into Open Session at 11:13 p.m.
Mr. Kueny stated there was no action to report and only item
12.C. was discussed.
13. ADJOURNMENT:
MOTION: Councilmember Hunter moved and Mayor Lawrason seconded
a motion to adjourn to 6:30 p.m. on August 28, 1996. The
motion carried by unanimous voice vote.
The time was 11:14 p.m.
aul W. Lawras n Jr., Mayor
by John E. Wozniak, Mayor Pro Tem
ATTEST:
Lillian E. Hare; City Clerk