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HomeMy WebLinkAboutMIN 1996 1120 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California November 20, 1996 A Regular Meeting of the City Council of the City of Moorpark was held on November 20, 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 :24 p.m. 2. PLEDGE OF ALLEGIANCE: Mayor Lawrason led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Brown, Hunter, Perez, Wozniak and Mayor Lawrason Staff Present: Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Charles Abbott, City Engineer; Ken Gilbert, Director of Public Works; Steve Hayes, Economic /Redevelopment Manager; Mary Lindley, Assistant to the City Manager; Dirk Lovett, Assistant City Engineer; Nelson Miller, Director of Community Development; Baldemar Troche, Management Analyst; Lillian Hare, City Clerk; Dorothy Vandaveer, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Mayor's Awards of Recognition. Mayor Lawrason said he would like to recognize the dedication and hard work of the Planning Commission and the Parks & Recreation Commission. He indicated that he would be providing Certificates of Recognition to the Commissioners. B. Accept Award from Channel Cities Municipal Athletic Association for Support and Leadership Accomplishments in Community Athletic Programs. Mayor Lawrason presented the plaque to Dale Sumersille, Recreation Supervisor. C. City Manager's Monthly Report. Mr. Kueny gave a brief update of several city projects and introduced Baldemar Troche, Management Analyst, in the Public Worl:s Department. Mr. Troche provided information n current Public Works projects with which he is involved. WQQ13 Minutes of the City Council Moorpark, California Page 2 November 20, 1996 S. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. "'" 6. PUBLIC COMMENT: Joe Ahearn, 484 E. Los Angeles Avenue, addressed the Council regarding the need for modification of the traffic signal at the intersection of Tierra Rejada Road and Moorpark Road. He also spoke in opposition to the proposed driving ranges in the greenbelt. Gerald Goldstein, 11932 Los Angeles Avenue, spoke regarding the need for transportation to the Community Center during holiday events. 7. CONSENT CALENDAR: MOTION: Councilmember Brown moved and Councilmember Wozniak seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. • • ! - - : . • • y ! - • ! - - • ! !� • • -{ {0 • ' • • Staff Recommendation: Approve the minutes as processed. B. Consider Approval of the Warrant Register. Manual Warrants 32109 - 32111 $ 1,220.45 Regular Warrants 32112 - 32251 $831,681.44 Staff Recommendation: Approve the Warrant Register. C. Consider Authorization to Advertise for Receipt of Bids for Miscellaneous Concrete Work. Staff Recommendation: Approve the plans and specifications for the subject project and authorize staff to solicit bids for same. Minutes of the City Council Moorpark, California Page 3 November 20, 1996 D. Consider Additional Appropriation for Improvements at Arroyo Vista Community Park. Staff Recommendation: That the City Council adopt Resolution No. 96 -1248 presented as Attachment "B" in the staff report, appropriating $100,452 from the General Fund Reserve to the Community Park Development Zone, comprised of a re- authorization of a previous appropriation of $97,000, $3,300 anticipated revenues from AYSO and $152, and that when the AYSO contribution of $3,300 is received, that it be credited back to the General Fund. E. Consider License Aareement with Moorpark Unified School Road. Staff Recommendation: Approve the License Agreement and authorize the Mayor to sign on behalf of the City subject to final language approval of the City Attorney and City Manager. 8. PUBLIC HEARINGS: None. 9. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Lawrason announced the upcoming Catch a Star Program to be held November 24 and indicated that the Citywide Recreation Brochure and Newsletter would soon be mailed to all residents. Councilmember Brown requested that an agenda item be placed on an upcoming agenda to discuss billing practices of cable television franchisees. She also suggested that an in -depth Redevelopment Agency meeting should be scheduled every six months to review the status of the Redevelopment Agency. 10. PRESENTATIONS /ACTION /DISCUSSION: A. con-luncrion witn a Kestaurant (west coast rizza) in the Mountain Meadows Plaza. Located at the Southwest Corner of Tierra Reiada Road and Mountain Trail Street. Staff Recommendation: Adopt Resolution No. 96 -1249 approving Administrative Permit No. 96 -17. NEW STAFF RECOMMENDATION: That the City Council approve Resolution No. 96 -1249 Approving ADP 96 -17 and denying Minor Mod No. 2. (Continued item) Mr. Kueny was absent for discussion of this item. Mr. Miller gave the staff report. +Uw()1.5 Minutes of the City Council Moorpark, California Page 4 November 20, 1996 Barry Kingston, 11757 Pinedale, addressed the Council in support of a 10:00 p.m. closing. He also indicated he was against the issuance of a beer and wine license for West Coast Pizza. Bob Newman, 11698 Sagewood Drive, addressed the Council in support of a 10:00 p.m. closing. David Langhoter, 11795 Alderbrook Street, addressed the Council in support of a 10:00 p.m. closing. Maxine Dewbury, 11966 Honeybrook Court, addressed the Council in support of a 10:00 p.m. closing and against the issuance of a beer and wine license. Bernie Morrissory, 11699 Sagewood Drive, addressed the Council in support of a 10 :00 p.m. closing. June Janus, 11678 Sagewood Drive, addressed the Council in support of a 10:00 p.m. closing. Lori Rutter, 11611 Pinedale Road, addressed the Council in support of a 10:00 p.m. closing. Mike Skinner, 11658 Sagewood Drive, addressed the Council in opposition to the issuance of a beer and wine license. Bob Thompson, 4303 Cedardale Road, addressed the Council in support of a 10:00 p.m. closing. William Otto, 4261 Heatherdale Court, addressed the Council in support of a 10 :00 p.m. closing. Jim Stueck, 4767 Elderberry, addressed the Council in support of the applicant's request for later hours of operation. Joe Ahearn, 484 E. Los Angeles Avenue, addressed the Council in support of the applicant's request. Harry Carboneti, 12400 Cherrygrove Street, addressed the Council as the applicant and requested a two hour extension of the hours of operation. In response to Council question, Mr. Carboneti indicated that he had not yet signed a lease. Kim Carboneti, 12400 Cherrygrove Street, addressed the Council as the co- applicant. She indicated her support of the community and the family atmosphere of her restaurant. She requested the Council to consider the additional hours of operation. 0(yW1.6 Minutes of the City Council Moorpark, California Page 5 November 20, 1996 Paul LaRusso, Crescent Meadow, addressed the Council in support of the applicant's request. Sheila McKowan, Londongrove Court, addressed the Council in support of the applicant's request. Frank Boller, no address given, addressed the Council in support of the applicant's request. Dave Gressman, Mistygrove Street, addressed the Council in support of the applicant's request. Rob Dearborn, Forestglen Court, addressed the Council in support of the applicant's request. David Vanbevern, 11904 Rivergrove Street, addressed the Council in support of the applicant's request. Colin Velasquez, 476 Los Angeles Avenue, addressed the Council in support of the applicant's request. Alice Cantwell, Forestglen Court, addressed the Council in support of the applicant's request. Dee Talley, 306 McFadden Avenue, addressed the Council in support of the applicant's request. Gerald Goldstein, 11932 Los Angeles Avenue, addressed the Council in support of the applicant's request. AT THIS POINT IN THE MEETING a recess was declared. The time was 9:05 p.m. The Council reconvened at 9:30 p.m. Councilmember Hunter indicated that through recent discussions with the City Attorney, he had determined that he could now participate in the discussion of this project. In response to Councilmember Brown, Mr. Miller indicated that the information requested on hours of operation of similar businesses was provided in an earlier staff report. Mayor Lawrason indicated his reluctance to change the hours of operation to midnight because of the close proximity to residential. He said he was not opposed to the sale of beer and wine and would consider a trial one year period for later hours of operation. Councilmember Hunter said he was concerned that granting longer hours of operation would bring similar requests from other businesses in the center. t(017 Minutes of the City Council Moorpark, California Page 6 November 20, 1996 Councilmember Perez said the owner's request for longer hours is not unreasonable. Councilmember Hunter said that the issue was one of credibility on the part of the Council in that the hours of operation for the center had been recently determined by the Council. Councilmember Wozniak said he had not heard anything to change his mind regarding extending the hours of operation. MOTION: Councilmember Wozniak moved and Mayor Lawrason seconded a motion to adopt Resolution No. 96 -1249 approving Administrative Permit No. 96 -17 and denying the applicant's request for a modification to the hours of operation. The motion carried by roll call vote 4 -1, Councilmember Brown dissenting. AT THIS POINT IN THE MEETING Mayor Lawrason left. The time was 10:15 p.m. Mr. Kueny rejoined the meeting. B. Consider Issues, Priorities and Staffing Levels Relatina to Code Enforcement Program. NEW STAFF RECOMMENDATION: 1) Adopt Resolution No. 96 -1250, authorizing a budget amendment approving an inter -fund transfer from General Fund Reserves to the Community Development Fund and appropriate $16,425 to personnel services categories for salaries and benefits; 2) Direct recruitment for a secretary position in the Community Development Department to assist in the Code Enforcement Program; 3) Direct staff as deemed appropriate regarding other processes, procedures, and issues. (Continued item) (ROLL CALL VOTE) Mr. Miller gave the staff report. Tony Simen, 726 Nogales Avenue, addressed the Council and thanked them for their speedy action on addressing increased code enforcement needs. Councilmember Brown requested that the Council exclude from consideration the following from the staff report, page 4: 1. Should business registration be required for all property owners who rent properties to others including single family homes? 2. Should an annual inspection program and fee be .� required for residential rental property? 0U( iLs Minutes of the City Council Moorpark, California Page 7 November 20, 1996 CONSENSUS: By consensus the Council determined to exclude No. 1 and 2, as requested by Councilmember Brown above, from Council consideration. Councilmember Wozniak requested that item No. 1. A. 2. on page 3, be revised to allow fourteen days for securing an abandoned structure and to separate out violations such as trash and debris which would remain at one week. CONSENSUS: By consensus the Council determined to separate item No. 1. A. 2. into two items: "One week for violations such as trash and debris." "Two weeks for securing an abandoned structure or uses without zoning clearance." MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to implement the new procedures as outlined in the staff report dated November 18, 1996 with the changes as noted in the consensus action above, as interim Code Enforcement measures. The motion carried by voice vote 4 -0, Mayor Lawrason absent for the vote. MOTION: Councilmember Hunter moved and Councilmember Perez seconded a motion to adopt Resolution No. 96 -1250 authorizing a budget amendment approving an inter -fund transfer from General Fund Reserves to the Community Development Fund and appropriate $16,425 to personnel services categories for salaries and benefits; to direct recruitment for a secretary position in the Community Development Department to assist in the Code Enforcement Program. The motion carried by roll call vote 4 -0, Mayor Lawrason absent for the vote. Councilmember Perez requested background and analysis regarding the use of a contract attorney for Code Enforcement litigation. CONSENSUS: By consensus the Council determined to direct staff as requested by Councilmember Perez above and to bring the item back for Council consideration in February along with the aforementioned analysis. AT THIS POINT IN THE MEETING the Council determined to reorder the agenda. MOTION: Councilmember Hunter moved and Councilmember Perez seconded a motion to continue item 10.G. to the December 4, 1996 City Council meeting. The motion carried by voice vote 4 -0, Mayor Lawrason absent for the vote. AT THIS POINT IN THE MEETING Councilmember Perez left the meeting. The time was 10:45 p.m. O()W1y Minutes of the City Council Moorpark, California Page 8 November 20, 1996 C. Consider Notice of Completion for 1996 Slurry Seal Project. Staff Recommendation: 1) Adopt Resolution No. 96 -1251 approving a budget amendment to fund remaining expenditures for the subject project from the Local Transportation 8A Fund (LTF) (Fund 203) in the amount of $60,000; 2) Accept the work as completed; 3) Instruct the City Clerk to file the Notice of Completion for the project; and, 4) Authorize the release of the retention upon satisfactory clearance of the thirty five (35) day lien period. (Continued item) (ROLL CALL VOTE) Mr. Lovett gave the staff report. He indicated that all problems associated with this project have been corrected and completed. MOTION: Councilmember Wozniak and Councilmember Brown seconded a motion to adopt Resolution No. 96 -1251 approving a budget amendment to fund remaining expenditures for the subject project from the Local Transportation 8A Fund (LTF) (Fund 203) in the amount of $60,000; to accept the work as complete; to instruct the City Clerk to file the Notice of Completion for the project; and to authorize the release of the retention upon satisfactory clearance of the thirty five day lien period. The motion carried by roll call vote 3 -0, Councilmember Perez and Mayor Lawrason absent for the vote. 17910 of American Stores Properties. Inc. Staff Recommendation: Approve the lighting plans with the following revisions: (A) The fixtures adjacent to the westerly driveway along Tierra Rejada Road by the residential properties be replaced with the shoe -box fixture not exceeding a height of 14 feet; (B) Approve the lantern style fixtures with a 30 inch high round cement base below the cast aluminum decorative base in the parking lot area with a total maximum height of 20 feet. Mr. Kueny was not present for discussion of this item. Councilmember Brown indicated that she believed the shoe - box fixture is the best lighting device. Lori Rutter, 11611 Pinedale Road, addressed the Council and requested the use of shoe -box fixtures for lighting in the center. Mike Skinner, 11658 Sagewood Drive, addressed the Council recommending the shoe -box fixture for the center. U ow"JA Minutes of the City Council Moorpark, California Page 9 November 20, 1996 Bob Newman, 11698 Sagewood Drive, expressed his concern regarding the height of the lighting fixtures and the height of the wall surrounding the adjacent condominiums. He said his concern was that the light would be intrusive. Sean Robert, 1990 S. Bundy Drive, Los Angeles, addressed the Council as the applicant's architect and introduced the electrical engineer. The electrical engineer answered questions regarding lighting poles, fixtures and the concrete collar surrounding the base of the lighting poles. Councilmember Hunter expressed concerns that the Council was settling for mediocrity regarding the concrete base. He said he would like to be able to see the fixture as it would appear and that possibly a small planter or color in the concrete should be considered. He indicated he would like to continue this item to the next meeting. MOTION: Councilmember Brown moved to approve the lighting plan and to appoint an Ad Hoc Committee of Councilmembers Hunter and Wozniak to approve the lighting fixtures. THE MOTION FAILED FOR LACK OF A SECOND. MOTION: Councilmember Hunter moved and Councilmember Brown seconded a motion to continue this item to an adjourned meeting on December 4, 1996 at 6:30 p.m. and to direct staff to work with the applicant regarding a more decorative base and to request artist renderings, photographs and any other renderings that would be helpful in the Council making a decision. The motion carried by voice vote 3 -0, Councilmember Perez and Mayor Lawrason absent for the vote. E. Staff Recommendation: Direct staff to forward a letter to Ms. Rosenblum denying the request set forth in the petition and advising of the City's intent to install additional speed limit signs. Mr. Kueny rejoined the meeting. The staff report was deferred. In response to Councilmember Wozniak, Mr. Gilbert indicated that putting the radar trailer in the area and providing for more police enforcement would help the situation. 0OW22. Minutes of the City Council Moorpark, California Page 10 November 20, 1996 MOTION: Councilmember Brown moved and Councilmember Hunter seconded a motion to approve the staff recommendation to forward a letter to Ms. Rosenblum denying the request set forth in the petition and advising of the City's intent to install additional speed limit signs and to direct staff to consult with the resident regarding greater use of the radar trailer in the area. The motion carried by voice vote 3 -0, Councilmember Perez and Mayor Lawrason absent for the vote. F. Improvement Projects Funded by AD84 -2 (Fund 210,711). Staff Recommendation: 1) Authorize staff to proceed with the development of a design for a project to construct parkway landscaping improvements in the vicinity of Los Angeles Avenue and Tierra Rejada Road, as defined in the summary set forth in this report; and 2) Adopt Resolution 96 - approving a budget amendment to fund these expenses. (ROLL CALL VOTE) The staff report was deferred. MOTION: Councilmember Wozniak moved to approve the staff recommendation to authorize staff to proceed with development of a design for a project to construct parkway landscaping improvements in the vicinity of Los Angeles Avenue and Tierra Rejada Road, as defined in the summary set forth in the staff report dated November 8, 1996 and to adopt the Resolution approving the budget amendment to fund these expenses. THE MOTION DIED FOR LACK OF A SECOND. MOTION: Councilmember Brown moved and Councilmember Hunter seconded a motion to defer consideration of this item until the budget process. The motion carried by voice vote 3 -0, Councilmember Perez and Mayor Lawrason absent for the vote. I" eavement ana drainage lmnrovements viannea ror maureen Lane, Bonnie View Street and the Alleys South of First Street. Staff Recommendation: 1) Direct staff to schedule a Special Meeting of the Transportation and Streets Committee to discuss the design for the proposed pavement and drainage improvements planned for Maureen Lane, Bonnie View Street and the alleys south of First Street; 2) Set the date, time and place for said meeting to be Saturday morning, November 30, 1996, at 10:00 a.m., at the City Council Chambers, City Hall, 799 Moorpark Avenue: 3) Direct staff to send a notice to the owner and /or resident of each of the properties affected by the project, as shown on Exhibit 1 of the staff report. This item was continued to December 4, 1996. VW62Z Minutes of the City Council Moorpark, California Page 11 November 20, 1996 H. Consider Expansion of the Library Parking Lot. Staff Recommendation: Direct staff to proceed with discussions with the County of Ventura and /or its contractor (when selected) for the negotiation of a Change Order, to be funded by the City, for the work necessary to expand the subject parking lot to include the dirt area located west of the project, and to report back to the City Council for consideration of the approval of these costs when they are known. Councilmember Wozniak indicated that he would dissent on this vote due to the fact that more books and hours are needed prior to an expansion of the Library parking lot. MOTION: Councilmember Brown moved and Councilmember Hunter seconded a motion to direct staff to proceed with discussions with the County of Ventura and /or its contractor when selected, for the negotiation of a change order, to be funded by the City, for the work necessary to expand the subject parking lot to include the dirt area located west of the project and to report back to the City Council for the consideration of the approval of these costs when they are known. The motion carried by voice vote 2 -1, Councilmember Wozniak dissenting, Councilmember Perez and Mayor Lawrason absent for the vote. I. Amending the City's 1996/97 TDA Budget, and Direct Staff to Revise the City's 1996/97 TDA Claim. Staff Recommendation: (1) Approve the purchase of bus schedule /route display holders, at a cost not to exceed $2,500; (2) Approve the purchase of 10 bus stop signs, at a cost not to exceed $120; (3) Approve the purchase and installation of a pedestrian shelter at a cost not to exceed $6,100; (4) Approve the construction of a block wall along the south Metrolink Station property line at a cost not to exceed $1,500; (5) Approve Resolution No. 96 -1252 authorizing a budget amendment to the FY 1996/97 Budget transferring $10,320 from fund 203, streets and roads TDA reserves to fund 204, Transit TDA; and (6) Direct staff to revise the City's 1996/97 TDA claim. (ROLL CALL VOTE) Ms. Lindley indicated that the recommendation was changing to reflect that there is an unappropriated fund balance of $70,000 which can be used rather than transferring funds. MOTION: Councilmember Wozniak moved and Councilmember Hunter .� seconded a motion to approve the purchase of bus schedule /route display holders at a cost not to exceed $2,500; 111 Minutes of the City Council Moorpark, California Page 12 November 20, 1996 approve the purchase of 10 bus stop signs, at a cost not to exceed $120; to approve the purchase and installation of a pedestrian shelter at a cost not to exceed $6,100; to approve the construction of a block wall along the south Metrolink Station line at a cost not to exceed $1,500; to direct staff to revise the City's 1996/97 TDA claim; to approve Resolution No. 96 -1252 authorizing a budget amendment to the FY 1996/97 Budget appropriating $10,320 from undesignated reserves. The motion carried by roll call vote 2 -1, Councilmember Brown dissenting, and Councilmember Perez and Mayor Lawrason absent for the vote. J. Consider Adoption of an Interim Zoning Ordinance Relative to the Pprmittina of Alcoholic Beverages. Staff Recommendation: Consider the ordinance. Mr. Kueny noted that as a four fifths vote was needed on this item, it would have to be continued. MOTION: Councilmember Brown moved and Councilmember Hunter seconded a motion to continue this item to December 4, 1996. The motion carried by voice vote 3 -0, Councilmember Perez and Mayor Lawrason absent for the vote. 11. ORDINANCES: None. 12. CLOSED SESSION: None was held. 13. ADJOURNMENT: MOTION: Councilmember Brown moved and Councilmember Hunter seconded a motion to adjourn the meeting to December 4, 1996 at 6:30 p.m. The motion carried by voice vote 3 -0, Councilmember Perez and Mayor Lawrason absent for the vote. The time was 12:05 a.m. ATTEST: i Lilliant. Aare, City Clerk