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HomeMy WebLinkAboutMIN 1997 0305 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California March 5, 1997 A Regular Meeting of the City Council of the City of Moorpark was held on March 5, 1997 in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7:10 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Rodgers Teasley. 3. ROLL CALL: Present: Councilmembers Evans, Perez, Rodgers Teasley, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Mary Lindley, Director of Community Services; Nelson Miller, Director of Community Development; Steve Hayes, Economic /Redevelopment Manager; Dirk Lovett, Assistant City Engineer; Don Reynolds, Administrative Services Manager; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS AND COMMENDATIONS: A. City Manager's Monthly Report. CONSENSUS: By consensus the Council determined to continue this item. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. AT THIS POINT in the meeting, the Council determined to continue the Redevelopment Agency meeting. 6. PUBLIC COMMENT: Kathleen Payne, 2421 E. Alden, Simi Valley, addressed the Council regarding families and advocates of the mentally ill. She requested that the Council not support the creation of a California State University campus at Camarillo State Hospital that would remove the mentally ill from the facility. Kill)f: Minutes of the City Council Moorpark, California Page 2 March 5, 1997 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: None. PUBLIC HEARINGS: A. Ouadrant of Mission Bell - Phase 2 (Assessor's Parcel No. 511- 14 -13). Staff Recommendation: 1) Open the public hearing and accept public testimony; 2) Determine that the General Plan Amendment and Zone Change is exempt from the State California Environmental Quality Act (CEQA) guidelines pursuant to Section 15061(b)(3) in that the proposed change in the General Plan Land Use and Zoning designation do not have the potential for causing a significant effect on the environment; 3) Approve Resolution No. 97- approving General Plan Amendment No. 96 -2 for a change in land use designation from M (Medium Density Residential) to C -2 (General Commercial); 4) Introduce Ordinance No. changing the Existing R -1 -8 zoning to CO (Commercial office) for first reading. Mr. Miller gave the staff report. Mayor Hunter opened the Public Hearing. Deewayne Jones, the applicant, addressed the Council and provided an overview of his proposed project. He indicated that his project will not significantly increase traffic, noise, or air pollution. Kathleen Lopez, 37 Shasta Avenue, addressed the Council in opposition to the project because of traffic concerns. Roger and Joyce Gisler, 13225 the Council in support of the were the property trustees. Sylva Lane, Sonora, addressed project. They indicated they Greg Mitchell, 6500 Chagall Drive, Moorpark, addressed the Council in support of the project. He indicated an urgent care facilitv was needed. John Newton, 165 High Street, spoke as a representative of the applicant and provided the Council with a section of the Moorpark Municipal Code (Section 17.44). He asked that the project rezoning be approved as requested. "ITF= Minutes of the City Council Moorpark, California Page 3 March 5, 1997 Don Stanley, 13192 E. Annette Street, Moorpark, addressed the Council in opposition to the project. He indicated he was not speaking on behalf of the Chamber of Commerce. Eloise Brown, 13193 E. Annette Street, Moorpark, addressed the Council and indicated that the Planning Commission should have considered that the zoning runs with the land. Barbara Schultz, 3072 Darlington Drive, Thousand Oaks, addressed the Council regarding the property she owns in the area. She said she is concerned with property values and proper notification of residents and property owners who would be affected by this project. Deewayne Jones said he is cognizant of the concerns of the public speakers tonight. He said this project is designed to be sensitive to the needs of the community. Councilmember Wozniak said he did not think the CPD use fits this property. He said a new zone may need to be created as the C -0 zone does not fit the property either. In response to Councilmember Teasley, Mr. Miller said the Council could zone the property as C -0; then an amendment to the zone could be filed to allow additional uses. He said the medical facility could go forward because it is an approved C -0 use. He said fast food would not be allowed in a C -0 zone. He said another alternative would be to rezone to C -1 which allows a gas station as a permitted use. Mayor Hunter said of concern to him is what can be done to restrict uses on the front two parcels. He said retail is needed but not auto repair, auto painting, or fast food. In response to Councilmember Evans, Mr. Kueny indicated that a single family detached project of four units per acre had been proposed in the area, but that the developer had backed away from the project as being too marginal. Councilmember Wozniak suggested approving a C -0 zone with the applicant to come back with an amendment. Ms. Kane said the City can also initiate an amendment to the C -0 zone to allow other uses which would take approximately 120 days, then the applicant could submit an amended development plan for the two parcels. OWUQ Minutes of the City Council Moorpark, California Page 4 March 5, 1997 Mr. Newton addressed the Council again and indicated that the property owner would agree to voluntarily restrict auto uses and record a restrictive covenant for a certain number of years. In response to Councilmember Evans, Mr. Newton said he doesn't know what uses the owner would propose until he had the proper zoning to solicit proposals. Mr. Jones said possibly a book store, a coffee shop, a pharmacy, or a gourmet restaurant would be appropriate. Councilmember Evans indicated he would agree with the restrictive covenant proposed by Mr. Newton. Mr. Jones indicated he was meeting with the urgent care principals and would like resolution of the zoning. MOTION: Mayor Hunter moved and Councilmember Evans seconded a motion to continue the item for two weeks; to take no action tonight; to leave the public hearing open; to direct staff to work with the applicant and consultant in identifying undesirable uses and the mechanism for preventing those uses; staff to report back to the Council on March 19. The motion carried by unanimous voice vote. AT THIS POINT IN THE MEETING a recess was declared. The time was 9:00 P.M. The Council reconvened at 9:20 p.m. AT THIS POINT IN THE MEETING the Council determined to reorder item 9.A. to be taken prior to the other Public Hearings. 9. PRESENTATIONS /ACTION /DISCUSSION: N Vicinity of Moorpark High School. Staff Recommendation: That the request be deferred until after the School District has provided additional on -site parking, and reviewed again in September 1997. Mr. Troche gave the staff report. Kim Francis, 12305 Willow Hill Drive, spoke in opposition to allowing high school parking on residential streets. Minutes of the City Council Moorpark, California Page 5 March 5, 1997 0 Steve Francis, 12305 Willow Hill Drive, spoke in opposition to allowing high school parking on residential streets. He requested that the Council not delay resolution of the problem. He said the HOA has agreed to pay for the signs to allow permit parking only. Councilmember Evans noted that restricting the parking in the Willows II area may cause the high school students to park on other streets. John Torres, 12505 Willow Hill Drive, said he withdrew his name from the petition and asked that this action be restricted to school hours only. Lynne Perley, 12303 Willow Forest Drive, addressed the Council and said she concurred with the staff recommendation and asked that the Council defer the measure until complete information can come forward. Jennifer Ferrante, 12203 Willow Hill Drive, said the parked cars cause a safety concern and requested immediate relief from the situation. Gerry Goldstein, 11932 Los Angeles Avenue, addressed the Council regarding parking at the high school. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to direct staff to prepare a resolution for a parking permit program for Willows II for the hours 7 a.m. to 2 p.m. The motion carried by unanimous voice vote. B. Consider a Request for Ordinance Amendment No. 96 -1 Requesting a Revision to Amend Section 17.52.060 C.2 of the Municipal Code to Allow a Change of Use of an Existing Legal Non - Conforming Use to a Similar Use with Approval of a City Council Approved Conditional Use Permit on the Application of A.C. Construction. Staff Recommendation: 1) Open the public hearing, take public testimony and close the public hearing; 2) Determine that allowing recreational vehicle storage at the A.C. Construction property in that the proposed amendment to the Municipal Code does not have the potential for causing a significant effect on the environment; 3) Introduce the ordinance for first reading; 4) Require the applicant to apply for a Conditional Use Permit to continue the use of temporary recreational storage on a 6.82 acre site (Assessor's Parcel No. 506 -0- 020-64) within thirty days after the City Council renders its second reading of the ordinance. Mr. Miller gave the staff report. Minutes of the City Council Moorpark, California Page 6 March 5, 1997 Mayor Hunter opened the Public Hearing. Lynne Owens, 4647 Adonis Place, told the Council the R.V. storage is a new use and should not be allowed as a legal non conforming use. Joe Cross, 4364 Lantern Lane, spoke in favor of the approval of the CUP. In response to Councilmember that as presented, there warehouses on the property. Perez, Mr. Miller indicated is no allowance for mini Mayor Hunter closed the Public Hearing. Councilmember Wozniak said he could support the Planning Commission recommendation. In response to Councilmember Teasley, Mr. Miller said it is the owner's intent to expand the R.V. storage but still maintain a contractors' storage yard. In response to Councilmember Teasley, Mr. Miller said that if another tenant caused a noise disturbance at night, the noise would become a code enforcement issue. Councilmember Evans indicated he did not want to continue with a non conforming use that could be passed to a new tenant or property owner. MOTION: Councilmember Wozniak moved and Mayor Hunter seconded a motion to determine that allowing recreational vehicle storage at the A.C. Construction property in that the proposed amendment to the Municipal Code does not have the potential for causing a significant effect on the environment; require the applicant to apply for a Conditional Use Permit to continue the use of temporary recreational storage on a 6.82 acre site (Assessor Parcel No. 506 -0- 020 -64) within thirty days after the City Council renders it's second reading of the ordinance. The motion carried voice vote 4 -1, Councilmember Evans dissenting. Ms. Kane read the Ordinance titie. MOTION: Councilmember Wozniak moved and Mayor Hunter seconded a motion to read the ordinance title only. The motion carried by voice vote 4 -1, Councilmember Evans dissenting. OW1,13 Minutes of the City Council Moorpark, California Page 7 March 5, 1997 MOTION: Councilmember Wozniak moved and Mayor Hunter seconded a motion to declare the ordinance introduced for first reading. The motion carried by voice vote 4 -1, Councilmember Evans dissenting. C. Consider 1997/1998 Community Development Block Grant ( "CDBG ") Public Hearing for the Appropriation of Funds, (estimated to be $199.098). Staff Recommendation: That the City Council 1) Receive public testimony for consideration in appropriating the 1997/98 Community Development Block Grant funds estimated to be $199,098 and close the public hearing; 2) Defer final appropriations to the March 19, 1997 City Council meeting; and, 3) Direct the Budget and Finance Committee to review proposals prior to the March 19, 1997 Council meeting and make a recommendation to the Council for final appropriation. Mr. Reynolds gave the staff report. Mayor Hunter opened the Public Hearing. Pamela Schuman, 1841 Knoll Drive, Ventura, addressed the Council representing the Long Term Ombudsman Program. She gave an overview of the program and requested support from the Council. Patricia Flanigan, 1079 Camino Magenta, Thousand Oaks, addressed the Council regarding the Adult Literacy Program. She requested $6,800 dollars in CDBG funding. She introduced Gail Reddington, the Moorpark Tutor Coordinator; other tutors and clients were given an opportunity to indicate their support of the program. Carmen Ramirez, 132 S. A Street, Oxnard, addressed the Council representing Channel Counties Legal Services. She outlined their services and requested the Council's support for their CDBG request. Violet Henry, 2220 Ventura Blvd., Camarillo, addressed the Council representing the Ventura County Senior Nutrition Program. She outlined their program and indicated their service to Moorpark residents. Gretchen Bradvica, 7662 Hermosa Street, Ventura, addressed the Council representing Interface Children Family Services. She gave an overview of their program. Antboula Randopoulos, 362 Garland Street, Ventura, addressed the Council regarding Food Share. He requested funds to use in upgrading their truck fleet. (jow1.4 Minutes of the City Council Moorpark, California Page 8 March 5, 1997 Shirley Allowa, 4651 Telephone Road, Ventura, addressed the Council regarding the Homeless Service Program. She requested $1,500 dollars to support the program. James Carpenter, 15750 Los Angeles Avenue, addressed the Council as a private citizen and the shelter coordinator for the homeless. He requested support for food share. Jenny Connell, 1840 Ventura Blvd., Camarillo, addressed the Council as Executive Director of Palmer Drug and Alcohol Program. She provided an overview of their program. Vikki Smith, 801 Poinsetta Place, Ventura, addressed the Council representing Catholic Charities Mental Health. She requested the Council's support. Karen Flock, 11011 Azahar Street, Saticoy, from Cabrillo Economic Development Corporation, addressed the Council requesting $19,490 dollars for Villa Campesina. Mary Ann Ducon, addressed the Council as Program Coordinator for Catholic Charities. She indicated that Catholic Charities has assisted over 4,000 people in Moorpark over the last year. She said their request was for $8,000 dollars to help with salaries. Mayor Hunter closed the Public Hearing. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to defer the final appropriations of CDBG funds to the March 19, 1997 City Council meeting and to direct the Budget and Finance Committee to review proposals prior to the March 19 City Council meeting and make a recommendation to the Council for final appropriations. The motion carried by unanimous voice vote. • 11 11 Mayor Hunter indicated that he believed the first meeting of the Committee would take place in 3 to 4 weeks and indicated that the Committee should be broken into two groups, one group to work on land use and zoning, and the second group to look at architectural and landscaping issues. He said the members should choose which subgroup of the Committee they want to serve on. NOMINATION: Mayor Hunter nominated and Councilmember Evans seconded the nomination of Joe Ahearn. The motion carried by unanimous voice vote. WOU5 Minutes of the City Council Moorpark, California Page 9 March 5, 1997 NOMINATION: Mayor Hunter nominated and Councilmember Teasley seconded the nomination of Kathee Amador. The motion carried by unanimous voice vote. NOMINATION: Mayor Hunter nominated and Councilmember Wozniak seconded the nomination of Dave Anderson. The motion carried by unanimous voice vote. NOMINATION: Mayor Hunter nominated and Councilmember Evans seconded the nomination of Mark Bailey. The motion carried by unanimous voice vote. NOMINATION: Mayor Hunter nominated and Councilmember Wozniak seconded the nomination of Judie Daufeldt. The motion carried by unanimous voice vote. NOMINATION: Mayor Hunter nominated and Councilmember Wozniak seconded the nomination of Ed Murphy. The motion carried by unanimous voice vote. NOMINATION: Mayor Hunter nominated and Councilmember Wozniak seconded the nomination of Lori Rutter. The motion carried by unanimous voice vote. NOMINATION: Mayor Hunter nominated and Councilmember Wozniak seconded the nomination of Carmela Santelli. The motion carried by unanimous voice vote. NOMINATION: Mayor Hunter nominated and Councilmember Wozniak seconded the nomination of Will Whitaker. The motion carried by unanimous voice vote. NOMINATION: Mayor Hunter nominated and Councilmember Teasley seconded the nomination of John Newton. The motion carried by unanimous voice vote. NOMINATION: Mayor Hunter nominated and Councilmember Evans seconded the nomination of Rosemary De Yoe. The motion carried by unanimous voice vote. NOMINATION: Mayor Hunter nominated and Councilmember Evans seconded the nomination of Natalie Rindge. The motion carried by unanimous voice vote. C. Consider Downtown Sperifir Plan and Extension of Interim Ordinance • . • • a Mnratnrium • / New Land Uses for Prone Pronerties East of n• Adlacent to the • ••• -d Downtown Snprifir Plan. Staff Recommendation: Direct staff as deemed appropriate. • Minutes of the City Council Moorpark, California Page 10 March 5, 1997 Mr. Miller said this item will come back for consideration at a later date. D. Consider Traffic Speed Study (Phase III) . Staff Recommendation: 1) Approve the Traffic Speed Study; and 2) Adopt Resolution No. 97 -1287 rescinding Resolution No. 95- 1122; reestablishing speed limits which remain unchanged; and, adopting revised speed limits for certain City streets. The staff report was deferred. MOTION: Councilmember Wozniak moved and Councilmember Teasley seconded a motion to approve the Traffic Speed Study and to adopt Resolution No. 97 -1287 reestablishing speed limits which remain unchanged, and adopting revised speed limits for certain streets. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Teasley seconded a motion to pull items 10.C., and 10.F. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. 0 0 City Council of - • • 1997. Staff Recommendation: Approve the minutes as processed. Consider Approval of Warrant Register. Manual Warrants 32879 - 32884 Regular Warrants 32885 - 32916 32917 - 32986 $ 19,8S1.29 $143,076.69 Staff Recommendation: Approve the Warrant Register. WWI? Minutes of the City Council Moorpark, California Page 11 March 5, 1997 D. Consider Adontion of Resolution No. 97 -1288, Amending the 1996/97 Budget by Transferring Funds to the Park Improvement Budget and Approving the Transfer of Funds to the Park Improvement Program Budget for Repairs to the South Baseball Diamond and Side -Line Fence at Poindexter Park. Staff Recommendation: Adopt Resolution No. 97 -1288 amending the 1996/97 budget and approving the transfer of funds to the Park Improvement budget for repairs to the south baseball diamond and side -line fence at Poindexter Park. E. Resolution No. 97 -1289 Approving a Budget Amendment from the Gas Tax Fund. Staff Recommendation: 1) Award a contract to G.P. General Electric for the subject project in the amount of $16,956.47; 2) Approve a construction contingency of $1,720.00 and authorize the City Manager to approve additional work, if required, not to exceed said contingency; 3) Authorize the Mayor to sign necessary contract documents; and, 4) Adopt Resolution No. 97 -1289 approving a budget amendment for said project from the Gas Tax Fund ($4,000). G. Consider Amendment to Agreement • Construction of •di ision Imprnygmants and Reimbursement a•• Release of Reimbursement Aareement Relative to LDM •I'I report. Anderson Trust). Staff Recommendation: Receive and file the The following items were pulled from the Consent Calendar for individual consideration: C. Consider a Report Regarding Leaf Blowers in the City. Staff Recommendation: Direct staff to include the Model Community Noise Ordinance for consideration with the Noise Element. Councilmember Wozniak asked for this item to be continued to the April 2 meeting as an Action /Discussion item. CONSENSUS: By consensus the Council determined to continue this item to the April 2 City Council meeting; to be carried as a Presentations /Action /Discussion item. (WJAS Minutes of the City Council Moorpark, California Page 12 March 5, 1997 F. Consider Water Conservation Efforts of the Fox Canyon Groundwater Management Agency. Staff Recommendation: Authorize the City Manager to send a letter to the Fox Canyon Groundwater Management Agency supporting the recommendations of Ventura County Waterworks District No. 1 regarding conservation and efficiency credits as set forth in the February 11, 1997 letter from the Waterworks District Manager. Mayor Hunter indicated he felt it most appropriate for the Mayor to sign the letter to be sent to the Fox Canyon Groundwater Management Agency. MOTION: Councilmember Wozniak moved and Councilmember Teasley seconded a motion to authorize the Mayor to send a letter to the Fox Canyon Groundwater Management Agency supporting the recommendations of Ventura County Waterworks District No. 1 regarding conservation and efficiency credits as set forth in the February 11, 1997 letter from the Waterworks District Manager. The motion carried by unanimous voice vote. 11. ORDINANCES: None. 12. CLOSED SESSION: MOTION: Councilmember Wozniak moved and Mayor Hunter seconded a motion to adjourn to Closed Session for a discussion of item 12.C.. C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Subdivision (a) of Section 54956.9 of the Government Code: Ali Z. Boukhari v. The City of Moorpark, Eloise Brown, Patrick Hunter, Bernardo M. Perez, Paul W. Lawrason Jr., and John E. Wozniak. The motion carried by unanimous voice vote. AT THIS POINT IN THE MEETING a recess was declared. The time was 11:38 p.m. The Council reconvened into Closed Session at 11:45 p.m. Present in Closed Session were all Councilmembers, Steven Kueny, City Manager; Richard Hare, Deputy City Manager; and Cheryl Kane, City Attorney. The Council reconvened into Open Session at 1:00 a.m. Mr. Kueny stated there was no action to report and only item 12.C. was discussed. UC) il!) Minutes of the City Council Moorpark, California Page 13 March 5, 1997 13. ADJOURNMENT: