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.
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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.
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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
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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.
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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.
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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?
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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.
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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.
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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.
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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.
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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;
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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