Loading...
HomeMy WebLinkAboutMIN 1997 0319 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California March 19, 1997 A Regular Meeting of the City Council of the City of Moorpark was held on March 19, 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 :13 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Steven Kueny. 3. ROLL CALL: Present: Councilmembers Evans, Perez, Teasley, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Nelson Miller, Director of Community Development; Steve Hayes, Economic /Redevelopment Manager; Captain Mike Lewis, Sheriff's Department; Dirk Lovett, Assistant City Engineer; Martin Cole, Management Analyst; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS AND COMMENDATIONS: A. Presentation of $7,000 to the City for the DARE Program from the Symonds Foundation. John and Mary Roberts presented the check to the Mayor. Captain Lewis, Sr. Deputy Miramontes and Deputy Wilson presented two DARE plaques to Mr. & Mrs. Roberts, one for them and one for the Symonds Foundation. B. Recognition of Matt Hendon, Ventura County Transportation Commission Calendar Contributor. Matt Hendon was recognized for his poster and presented a certificate by Mayor Hunter. 000305 Minutes of the City Council Moorpark, California Page 2 March 19, 1997 C. Recognition of Arroyo Simi Volunteer Patrol. Mayor Hunter presented Certificates of Recognition to the following members of the Arroyo Simi Volunteer Patrol: Jean Atzi, Lori Brundas, Judy Daufeldt, Ken James, Kathy LeClair, Ken Lewis, Judy Lockhart, Barry Teasley, Tina Wilkins, John Wozniak and Jackie Youngert. D. Presentation by the Ventura County Health Care Agency. Dr. Gonzalez was present from the Ventura County Health Care Agency. He will return at a later date to provide a video presentation. E. Presentation by Roam `n Relics Car Club. Jim Eads presented a plaque to Mayor Hunter recognizing the City's support of the Roam IN Relics Car Club annual event. F. Recognition of International Building Safety Week, April 6 - 12, 1997. Jim MacDonald received the proclamation on behalf of the Building and Safety Department. G. Recognition of National Records and Information Management Week, March 30 - April 5, 1997. Dorothy Vandaveer received the proclamation on behalf of the City Clerk's Department. H. Recognition of Public Health Week, April 7 - 13, 1997. Jim Eads received the proclamation as a Public Health representative. I. City Manager's Monthly Report. Mr. Kueny gave a status report of current City projects. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. AT THIS POINT in the meeting, the Council recessed to convene the Redevelopment Agency. The time was 7 :45 p.m. The Council reconvened at 8:12 p.m. 000306 Minutes of the City Council Moorpark, California Page 3 March 19, 1997 6. PUBLIC COMMENT: Anna Henley, 4621 Bella Vista, addressed the Council in opposition to permit parking at the high school. Lori Jaffe, 13679 Vista Levana, addressed the Council in opposition to permit parking at the high school. Eloise Brown, 13193 Annette Street, requested that the Council move forward to become the successor to the Moorpark Mosquito Abatement District. Councilmember Wozniak left the dais. The time was 8:19 p.m. Gerry Goldstein, 11932 Los Angeles Avenue, spoke regarding electric "blackouts" and the permit process. Councilmember Wozniak returned to the dais. The time was 8:23 p.m. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Evans requested a status report on the circus. Councilmember Perez requested a review of the location of the bus shelter on Princeton. Mayor Hunter requested items on 1) amending the sphere of influence; 2) greenbelt agreements relative to the sphere of influence; and 3) allowable uses in each zone of the City's zoning ordinance. 8. PUBLIC HEARINGS: A. Consider Request from A. Deewayne Jones, D.D.S., for General Plan Amendment 96 -2 from M (Medium Density Residential) to C -2 (General Commercial) and Zone Change No. 96 -1 from R -1 -8 (Single Family Residential 8,000 Square Foot Minimum) to CPD (Commercial Planned Development) on a Four Acre Parcel Located Contiguous with the Southwest Quadrant 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 of 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 00030'7. Minutes of the City Council Moorpark, California Page 4 March 19, 1997 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 the Ordinance changing the existing R -1 -8 zoning to CO (Commercial Office) for first reading. (Continued item) (PUBLIC HEARING REMAINS OPEN) Mr. Miller gave the staff report. Deewayne Jones, 1055 Marina View, the applicant, addressed the Council and requested that the City continue to explore and find a mechanism to proceed with the process. John Newton, 165 High Street, spoke as a representative of the property owner. He went over the offer of dedication of the development rights to additional uses in the CPD zone. He requested that the Council rezone the property and accept the offer of dedication of development rights and allow the processing of entitlements. He requested that the conditional use permit be utilized in a fashion that restricts the development rights. He asked that the city cause the restrictions to become a note on the parcel map that will then "flow" to the two parcels. He said if this process fails, then the City could "trigger" a more restrictive legal document to be prepared. Ms. Kane suggested that the City Council not adopt the resolution changing the general plan this evening but take the time in the interim between first and second reading of the zoning ordinance to direct the preparation of a legal instrument that dedicates the development rights to the City. She said in two weeks the resolution can then be adopted and followed by second reading of the zoning ordinance. Christian Evans, 12377 Cherry Grove St., spoke regarding the need for an urgent care facility in the City. Barbara Shultz, 3072 Darlington Dr., Thousand Oaks, spoke in opposition to anything over one story on the property. Don Stanley, 13192 E. Annette St., asked the Council to keep Everett Street closed and to abandon the street if necessary. Mayor Hunter closed the public hearing. W0308 Minutes of the City Council Moorpark, California Page 5 March 19, 1997 In response to Councilmember Evans, Dr. Jones said he was not going to access his project from Everett Street and would not allow bars, arcades nor drive through restaurants in the proposed development. Mr. Kueny suggested that amusement and recreational facilities should also be considered as part of a dedication of development rights by the property owner. CONSENSUS: By consensus the Council determined to go forward with the process as outlined by the City Attorney. Ms. Kane read the ordinance title. MOTION: Councilmember Evans moved and Councilmember Teasley seconded a motion to read the ordinance title only and waive further reading. The motion carried by unanimous voice vote. MOTION: Councilmember Evans moved and Councilmember Teasley seconded a motion to declare Ordinance 226 introduced for first reading. The motion carried by unanimous voice vote. B. 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. (Continued item) (PUBLIC HEARING IS CLOSED) NEW STAFF RECOMMENDATION: Continue this item to the April 2, 1997 regular meeting of the City Council. MOTION: Councilmember Teasley moved Councilmember Wozniak seconded a motion to continue this item to the April 2, 1997 regular meeting of the City Council. The motion carried by unanimous voice vote. AT THIS POINT IN THE MEETING a recess was declared. The time was 9 :36 p.m. The Council reconvened at 9:48 p.m. 00030-9 Minutes of the City Council Moorpark, California Page 6 March 19, 1997 9. PRESENTATIONS /ACTION /DISCUSSION: A. Consider the 6.5 Acre Park Proposed in the Carlsberg Specific Plan. Staff Recommendation: Direct C.T. Financial to proceed with the design and development of the Carlsberg 6.5 acre park and direct the Parks and Recreation Commission to provide a recommendation on the park's conceptual design consistent with the terms of the Settlement Agreement. Ms. Lindley gave the staff report. Robert Pereira, 4074 Brindisi Place, spoke representing the Moorpark Tennis Club. He requested eight lighted tennis courts at the park. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to approve the staff recommendation to direct C.T. Financial to proceed with the design and development of the Carlsberg 6.5 acre park and direct the Parks and Recreation Commission to provide a recommendation on the park's conceptual design consistent with the terms of the Settlement Agreement with added direction to consider inclusion of additional tennis courts. The motion carried by unanimous voice vote. B. Consider 3rd of Julv Fireworks Event for FY 1997/98. Staff Recommendation: 1) That the City Council commit $5,000 to the 1997 Fireworks Event, 2) Appoint Councilmember Wozniak as the City's representative on the Fireworks Committee, and 3) Direct that the Committee proceed with solicitation of donations and that sufficient funds be received by May 19, 1997. Ms. Lindley gave the staff report. Councilmember Teasley expressed concern regarding the quality of the fireworks and the issue of holding the event on July 3 rather than July 4. Councilmember Wozniak also expressed concern regarding the quality of the fireworks. 000310 Minutes of the City Council Moorpark, California Page 7 March 19, 1997 MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to 1) Commit $5,000 to the 1997 Fireworks Event, 2) Appoint Councilmember Wozniak as the City's representative on the Fireworks Committee, and 3) Direct that the Committee proceed with solicitation of donations and that sufficient funds be received by May 19, 1997 or staff will return to the Council for further direction. The motion carried by unanimous voice vote. C. Consider Request to Import and Stockpile 18,000 Cubic Yards of Soil (Marketplace Properties). Staff Recommendation: 1) Authorize staff to issue a temporary stockpile grading permit for the import of 18,000 yards of soil at the Marketplace Properties site, for an indefinite period of time, subject to all standard plan check and inspection fees and each of the special conditions discussed. Mr. Lovett gave the staff report explaining that the temporary stockpile grading permit for the import of up to 18,000 yards of soil are subject to the following special conditions: Applicant to pay all standard plan check and inspection fees. Applicant to submit a surety equal to $38,000 plus 10% contingency and the surety shall cover all import and site improvements and the repair and maintenance of a 6 foot high fence in good condition around the perimeter of the property. Stockpile area to be sandbagged and seeded for erosion and dust control. Applicant to submit a cash deposit in the amount of $5,000 for revegetation purposes which shall be released upon satisfactory revegetation of the stockpile area, per the Director of Community Development. School day truck traffic on Peach Hill Road shall be limited to the hours of 9:15 a.m. - 3:00 p.m. and a flagman shall be available at all times and no hauling will occur after 5:00 p.m. All streets shall be cleaned daily or as requested by the City Engineer. 000311 Minutes of the City Council Moorpark, California Page 8 March 19, 1997 The existing drainage channel shall be protected and unobstructed. The existing slab and chimney shall be removed from the site prior to the import of soil. Kevin Mauch, 13906 Keisha, told the Council he was pleased that Marketplace Properties is moving forward. He expressed concern with erosion control. Joe Ahearn, 484 E. Los Angeles Ave., addressed the Council in support of this item and indicated that the process needs to be streamlined. Mike Rue, 13522 Newport Ave., Tustin, stated that they were in agreement with all City Engineering conditions but wanted the $38,000 surety amount reduced and clarification on the limitation of hauling on school days only. He said the actual yardage being stockpiled is 16,000 not 18,000. In response to Council question, Mr. Lovett said that hauling on days school is in session at Peach Hill Elementary School will be limited to from 9:15 a.m. to 3:00 p.m. Hauling during spring break is not prohibited. In response to Council question, Mr. Rue said that he was concerned about the stockpile being tied to a definite time limit even though he hoped to develop the property as soon as possible. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to direct staff to issue a temporary stockpile grading permit for the import of dirt at the Marketplace Properties site for an indefinite period of time, subject to all standard plan check and inspection fees and each of the special conditions outlined by the Assistant City Engineer this evening; additionally, to require that the height of any slope along Tierra Rejada Road and the first 100 feet of Spring Road would be minimized and dirt spread over the entire lot; that in addition to the $38,000 bond, a cash deposit of $5,000 would be required to be released when the Director of Community Development determines the ground cover or growth is consistent with what is on the lot now. The motion carried by unanimous voice vote. Mr. Lovett asked for clarification on the release of the $38,000 bond. 000312 Minutes of the City Council Moorpark, California Page 9 March 19, 1997 CONSENSUS: By consensus the Council determined to direct staff that the $38,000 bond be held as surety until the grading is completed. D. Consider Export Request (Paul Burns). Staff Recommendation: 1) Approve the request of Burns Pacific Construction to haul approximately 50,000 cubic yards of earth from his property (APN 500 -00- 334 -22) to the school site on Casey Road subject to the Grading Permit Conditions addressed in the staff report; and 2) Approve the haul route as shown in the staff report. Mr. Lovett gave the staff report and indicated that the property owner, Mr. Burns, made a request this evening to allow the export of up to 50,000 cubic yards of dirt to any site approved by the City Engineer. Councilmember Evans indicated his support for the staff recommendation and his desire that any change requested by Mr. Burns come back for separate consideration. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to approve the request of Burns Pacific Construction to haul approximately 50,000 cubic yards of earth from his property (APN 500 -00- 334 -22) to the school site on Casey Road subject to the Grading Permit Conditions addressed in the staff report dated March 11, 1997; and to approve the haul routes as shown on Exhibit 1 of the staff report. The motion carried by unanimous voice vote. E. Consider Resolution No. 97 -1290 Amending the FY 1996/1997 Budget for the Equipment Replacement Fund (Fund 403) for Replacement of Office Furniture in the City Manager's Office ($9,100) and the Replacement of the Video Record /Edit Tape Decks in the Cable Broadcast Room ($28,000) in the Aggregate Amount of $37,100. Staff Recommendation: Adopt Resolution No. 97 -1290 Amending the FY 1996/1997 Budget for the Equipment Replacement Fund (Fund 403) for the replacement of office furniture in the City Manager's Office ($9,100) and the replacement of the video record /edit tape decks in the Cable Broadcast Room ($28,000) in the aggregate amount of $37,100. (ROLL CALL VOTE REQUIRED) Mr. Cole gave the staff report. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to approve Resolution 97 -1290. The motion carried by unanimous roll call vote. 000313 Minutes of the City Council Moorpark, California Page 10 March 19, 1997 F. Consider Moorpark Mosquito Abatement District Financial Information. Staff Recommendation: Direct staff as deemed appropriate. Mr. Hare gave the staff report. He indicated that Supervisor Mikels asked that an Ad Hoc Committee be appointed to meet with her regarding this subject. Councilmember Evans said the Ad Hoc Committee should have the purpose of protecting the taxpayer and seeing that quality abatement service continues. MOTION: Mayor Hunter moved and Councilmember Perez seconded the motion to nominate Mayor Hunter and Councilmember Evans to the Ad Hoc Committee on Mosquito Abatement District matters. The motion carried by unanimous roll call vote. 10. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Teasley seconded a motion to pull items 10.D., and 10.I. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Warrant Register. Manual Warrants Regular Warrants 32987 -32996 32998 -33034 33035 -33133 $ 5,654.75 $ 693,683.91 Voided Warrants 32857 $ (600.00) Staff Recommendation: Approve the Warrant Register. B. Consider Resolution No. 97 -1291 Anorovina the Submittal of C. the Used Oil Recycling Block Grant Application, Authorizing the Citv Manaaer to Execute Anv Aareements and Requests for Payments. Staff Recommendation: 1) Adopt Resolution No. 97 -1291 approving the submittal of the used oil recycling block grant application; and 2) Authorize the City Manager to execute any agreements and requests for payments. Consider Amicus Request West Coast General Corp. v. City of Carlsbad - Interpreting Public Works Construction Projects Relative to Undisclosed Subcontracts. Staff Recommendation: Join Amicus. 00031,4 Minutes of the City Council Moorpark, California Page 11 March 19, 1997 E. Consider Approval of Certain Additional Design Efforts Required to Complete the Project Design for the Reconstruction of the Spring Road Bridge. Staff Recommendation: 1) Approve the additional design work described in the staff report and authorize the City Manager to execute an Amendment to the Agreement with DFA for Design Engineering Services for the subject project; 2) Direct staff to prepare an amendment to the FY 1996/97 budget to fund any required additional design costs for said project. F. Consider Resolution No. 97 -1292 Amending the FY 96/97 Budget for Expenses Related to Assessment District 92 -1 and a Capital Improvement Project to Construct a Traffic Signal at Park Lane and Los Angeles Avenue and Funding Said Expenses with a Loan from the Los Angeles Avenue Area of Contribution Account (Account 211.901) to the Assessment District 92 -1 Account (Account 210.712) in the Amount of $42,461. Staff Recommendation: Adopt Resolution 97 -1292 amending the FY 96/97 Budget for expenses related to Assessment District 92 -1 and a capital improvement project to construct a traffic signal at Park Lane and Los Angeles Avenue and funding said expenses with a loan from the Los Angeles Avenue Area of Contribution Account (Account 211.901) to the Assessment District 92 -1 Account (Account 210.712) in the amount of $42,461. G. Consider Resolution No. 97 -1293 Amending the 1996/97 Budget to Fund the Purchase of a Photocopier for the Moorpark Senior Center. Staff Recommendation: Approve Resolution No. 97 -1293 amending the FY 1996/97 budget by authorizing a $700.00 line item transfer from 100.702.0000.100.9903 (Part Time Salaries) to 100.702.XXXX.100.9906 (Other Equipment) and appropriating an additional $3,590 from the General Fund (Title III Grant) for the Other Equipment Account (100.702.XXXX.000.9906) to fund the photocopier purchase. H. Consider Resolution No. 97 -1294 Establishing a "Parking in Excess of One Hour by Permit Only" Zone on Certain Streets in the Vicinity of Moorpark High School. Staff Recommendation: That the City Council adopt Resolution No. 97 -1294 establishing a restricted parking zone, with permitted vehicles exempt, on certain designated streets in the vicinity of Moorpark High School. 000315 Minutes of the City Council Moorpark, California Page 12 March 19, 1997 The following were pulled from the Consent Calendar for individual consideration: D. Consider Authorization to Advertise for Bids for the Construction of Slope and Pavement Improvements on Wicks Road and Pavement and Drainage Improvements on Valley Road. Staff Recommendation: Approve the plans and specifications for the subject project and authorize staff to advertise for receipt of bids. In response to Mayor Hunter, Mr. Gilbert reviewed the funding source for the project. MOTION: Mayor Hunter moved and Councilmember Wozniak seconded a motion to approve the plans and specifications for the subject project and authorize staff to advertise for receipt of bids. The motion carried by unanimous voice vote. I. Consider Resolution No. 97 -1295 Amending the Fiscal Year 1996/1997 Budget and Appropriating Funds for Poindexter Park Access Road Maintenance. Staff Recommendation: Approve Resolution No. 97 -1295 amending the Fiscal Year 1996/1997 Budget and appropriating funds for Poindexter Park access road maintenance. In response to Mayor Hunter, staff clarified that the amount of $1,500, as stated in the resolution, is correct. MOTION: Mayor Hunter moved and Councilmember Wozniak seconded a motion to adopt Resolution 97 -1295 amending FY 1996/97 budget and appropriating funds for Poindexter Park access road improvements. The motion carried by unanimous roll call vote. 11. ORDINANCES: A. Second Reading of Ordinance 225 - An Ordinance of the City Council of the City of Moorpark, California, Amending Section 17.52.060 C.2 (Change of Use) of the Municipal Code of the City of Moorpark (Zoning Ordinance) 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) . Ms. Kane read the ordinance title. 000316 Minutes of the City Council Moorpark, California Page 13 March 19, 1997 MOTION: Councilmember Wozniak moved and Mayor Hunter seconded a motion to read the ordinance title only and waive further reading. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Mayor Hunter seconded a motion to declare the ordinance read for the second time and adopted as read. The motion carried by unanimous voice vote. 12. CLOSED SESSION: None was held. 13. ADJOURNMENT: MOTION: Councilmember Wozniak moved and Councilmember Teasley seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 11:41 p.m. 000317