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HomeMy WebLinkAboutMIN 1997 0903 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California September 3, 1997 A Regular Meeting of the City Council of the City of Moorpark was held on September 3, 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 7:20 p.m. 2. PLEDGE OF ALLEGIANCE: Mr. Reynolds led the Pledge of Allegiance. 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; Nelson Miller, Director of Community Development; Ken Gilbert, Director of Public Works; Captain Mike Lewis, Sheriff's Department; Mary Lindley, Director of Community Services; Nelson Miller, Director of Community Development; Charles Abbott, City Engineer; Don Reynolds; Administrative Services Manager; Lillian Hare, City Clerk; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS AND COMMENDATIONS: A. City Manager's Monthly Report. Mr. Kueny recapped recent City activity related to the dedication of the pedestrian bridge, the mailing of the citywide Fall newsletter, and highlighted various public works projects. B. Recognition of Downtown Specific Plan Citizen Advisory Committee. Mayor Hunter presented certificates of recognition to Joseph Ahearn, Judith Daufeldt, Rosemary DeYoe, Edward Murphy, John Newton, and Carmella Santini. He indicated that certificates would be mailed to Kathee Amador, David Anderson, Mark Bailey, Natalie Rindge, Lori Rutter and Will Whittaker. The Mayor thanked them for their participation on the Downtown Specific Plan Citizen Advisory Committee. OW130 Minutes of the City Council Moorpark, California Page 2 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: September 3, 1997 CONSENSUS: By consensus, the Council determined to move Item 9.I. to the Consent Calendar. 6. PUBLIC COMMENT: Ned Collins, 2509 E. Thousand Oaks Blvd, Thousand Oaks, Tri- Valley Roller Hockey addressed the Council regarding upgrading the court at Arroyo Vista Community Park so that a roller hockey program could be held in the city four days a week at that facility. Joe Ahearn, 484 E. Los Angeles Avenue, addressed the Council regarding the library fee. He said he would rather that the library fee come directly to the City and not the County. He also spoke in favor of Proposition P concerning an assessment for parks maintenance. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Perez complimented all the Camp Moorpark staff for their work this summer. He also noted that Nick Brown had complimented Dirk Lovett and Chris Oberender of the City Engineer's department. Councilmember Perez also said that nominations were being accepted by E1 Concilio for the Latin Leadership Award until October 7. He said those wanting to take the citizenship class should call 486 -9777 for more information. 8. PUBLIC HEARINGS: A. Consider Request from A. Deewayne Jones, D.D.S., for Approval of Commercial Planned Development Permit No. 96 -3, Tentative Parcel Map No. 5056 and Conditional Use Permit No. 96 -2 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) Review, consider and approve the Mitigated Negative Declaration; 3) Review, consider and approve the proposed mitigation monitoring program; 4) Make the appropriate findings; 5) Require Transportation System Management (TSM) contribution be made in the amount of $143,067.24; and 6) Adopt Resolution No. 97- Approving Commercial Planned Development Permit No. 96 -3, Conditional Use Permit No. 96- 2 and Tentative Parcel Map No. 5056. +j001,31 Minutes of the City Council Moorpark, California Page 3 Mr. Miller gave the staff report. Mayor Hunter opened the public hearing. September 3, 1997 Deewayne Jones, 1055 Marine View, addressed the Council and requested consideration of an alternative ingress /egress which would move the driveway forty feet east. He said the vehicle trip information that the APCD worked with were not the most recent numbers and that the air quality issue must be resolved. John Newton, 165 High Street, spoke to the Council representing the applicant. He encouraged approval of the project as requested by the applicant. Michael Brown, 30343 Canwood, Impact Sciences, spoke represei to air quality. He said their first year they would exceed with every year after that standards. Keith Millhouse, Council regarding to this project. He indicated he concern was that by a 10:00 p.m. center. Suite 210, Agoura Hills, of ating the applicant relative recent study showed that the the APCD expectations, but it would not exceed those 12417 Willowwood Court, addressed the the Planning Commission's action relative He stated that the vote was 3 -2 in favor. had voted in the negative. He said his the hours of operation should be limited closing time except for the urgent care Barbara Shultz, 1077 Darlington Drive, Thousand Oaks, addressed the Council regarding her concerns with the driveway placement and the hours of operation. She also requested that there be no alcohol beverage sales. She said she was also concerned with the multi -story buildings next to single -story houses and with what she called an island of property between the fence for the project and the fences of the homeowners. Mr. Miller indicated there had been no time for staff to review the relocation of the driveway or the request for a drive through element for a proposed financial institution as information had not been presented in time for staff to do the analysis. He suggested that consideration of their item be deferred. Mr. Jones requested that the Council work through the process noting that the approval of the CPD and map would be subject to the review of the difference in the mitigation fee for air quality management of $141,000. (JWI.32 Minutes of the City Council Moorpark, California Page 4 September 3, 1997 In response to Council question, Mr. Jones indicated that the hours of operation could be discussed later relative to the specific businesses to be located in the development. Michael Brown, representing the applicant, stated that his analysis of the air quality guidelines was not flawed and that the APCD is using an outdated model. In response to Council discussion, Mr. Miller indicated that staff could analyze the new site plan provided by the developer and provide information back to the Council on the analysis in an expeditious manner. MOTION: Councilmember Perez moved and Councilmember Evans seconded a motion to continue this item to September 17; the public hearing to remain open. The motion carried by unanimous voice vote. 9. PRESENTATIONS /ACTION /DISCUSSION: A. Consider the Reappropriation of Unspent Fiscal year 96/97 Supplemental Law Enforcement Services Fund Grant Monies in the Amount of $34,933.13. Staff Recommendation: Adopt Resolution No. 97 -1374 amending the FY 97/98 budget in the amount of $34,933.13 for expenses related to the balance of the Fiscal year 1996/97 Supplemental law Enforcement Services Fund grant as held in the General Fund (Fund 100) . Captain Lewis gave the staff report. He explained the fax capabilities. MOTION: Councilmember Evans moved and Councilmember Teasley seconded a motion to approve Resolution No. 97 -1374 amending the Fiscal Year 97/98 budget in the amount of $34,933.13 for expenses related to the balance of the fiscal year 96/97 supplemental law enforcement services fund grant as held in the General Fund. The motion carried by unanimous roll call vote. B. Consider Resolution No. 97 -1375 Relative to the Purchase of Two Digital Cellular Phones. Staff Recommendation: Approve Resolution No. 97 -1375 using $800 from the General Fund Reserve for the purchase of two cellular phones. Mr. Reynolds gave the staff report. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to approve Resolution No. 97 -1375 using $800 from the General Fund Reserve for the purchase of two digital cellular phones. The motion carried by unanimous roll call vote. 000133 Minutes of the City Council Moorpark, California Page 5 September 3, 1997 C. Consider Reconsideration of Commercial Planned Development Permit 96 -2 Minor Modification No. 2 for Approval of a Sign Program for Blockbuster Video and Starbucks Coffee (San Pedro Signs), Located at the Northeast Corner of Los Angeles Avenue and Spring Road. Reconsideration of Vote on Commercial Planned Development Permit 96 -2 Minor Modification No. 2 for Approval of a Sign Program for Blockbuster Video and Starbucks Coffee (San Pedro Signs) , Located at the Northeast Corner of Los Angeles Avenue and Spring Road. Councilmember Evans indicated he would like to talk about a modification of the sign program specifically relative to the blue awnings. MOTION: Councilmember Evans moved and Mayor Hunter seconded a motion to reconsider the item. The motion carried by voice vote 4 -1, Councilmember Wozniak dissenting. CONSENSUS: By consensus, the Council determined to table the reconsideration of vote on Commercial Planned Development Permit 96 -2 Minor Modification No. 2 for approval of a sign program for Blockbuster Video and Starbucks Coffee (San Pedro Signs) , located at the northeast corner of Los Angeles Avenue and Spring Road, until later in the evening. D. Consider Approval of Minor Modification No. 2 to Planned Development Permit No. 1055 Located at 216 Moorpark Avenue on the Application of Community Christian Church to Allow for Church Uses of the Entire Building with the Exception of the Area Currently Leased by the California Highway Patrol and Authorization to Allow 50% of the Required Parking Requirement to be Located Off -Site. Staff Recommendation: approve Resolution No. 97 -1376 conditionally approving Minor Modification No. 2 to Planned Development Permit No. 1055. Councilmember Teasley left the dais. Mr. Miller gave the staff report. Steven Day, 12539 Sunnyglen Drive, addressed the Council regarding the Community Christian Church. He indicated he was present to answer any questions. CONSENSUS: By consensus, the Council determined to revise Condition 10 to read, "that all activities on the premises for the church activities shall begin no earlier than 7:00 a.m. and terminate no later than 10:00 p.m. Monday through Thursday and 7:00 a.m. - 11:00 p.m. Friday, Saturday, and Sunday. For Easter • 000134 Minutes of the City Council Moorpark, California Page 6 September 3, 1997 Sunrise, Christmas Eve, Communion and Candlelight, the church may operate from 6:00 a.m. to 1:00 a.m. The Director of Community Development may authorize the adjustment of hours to accommodate other traditional religious events. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to approve Resolution No. 97 -1376 as modified relative to Condition 10. The motion carried by voice vote 4 -0, Councilmember Teasley absent for the vote. AT THIS POINT in the meeting a recess was declared. The time was 9:25 p.m. The Council reconvened at 9:42 p.m. Councilmember Teasley rejoined the meeting. AT THIS POINT in the meeting, the Council determined to reorder the agenda to take items in the following order: 9.F., 9.G., 9.E., 9.H., and to move Item 9.I. to the Consent Calendar. F. Consider request of Holy Cross Church for Police Support During special Events, and Waiver of Fees. Staff Recommendation: Approve an application of rates for the Holy Cross Church special events which consist of the applicable current costs to the City plus fifteen percent, and include both planning the event and staffing the events. Mr. Reynolds gave the staff report. In response to Councilmember Wozniak, Captain Lewis explained the need for police officers at the Spring Road bridge. He indicated that it would probably take only a half hour of an officer's time to assist the pedestrians at that location. Robert Pratt, 13668 Deering Lane, addressed the Council representing the Holy Cross Church. He indicated that these special events held by the church benefit the whole community. He also said the number of hours estimated during which a police officer would be required seemed high. The Council discussed trying to recruit reservists for the date of the Holy Cross special events and the reduction of the 15% City fee. CONSENSUS: By consensus, the Council determined to waive the 15% overhead City fee and though police department traffic control is required staff will schedule reserve officers for event use for the Holy Cross Church special events if possible. ()WIL35 Minutes of the City Council Moorpark, California Page 7 September 3, 1997 G. Consider Setting Public Hearing Date for Ordinance No. , Establishing a Development Fee for Library Facilities. Staff Recommendation: Introduce the proposed Ordinance No. for first reading and set the public hearing date of September 17 to receive testimony and conduct the second reading. Mr. Hunter gave the staff report. Dave Sakata, 4260 Heatherdale Court, addressed the Council as Co- President for the Friends of the Library. He thanked the City for the positive cooperation between the City and the County and for their support of Friends of the Library. He said that library costs are increasing. Amy Bauer, 4706 Maureen Lane addressed the Council as the President of the Friends of the Library. She outlined books that could have been purchased with funds that were taken from the library by the County. She thanked the Council for their support. Jake Persons, 1270 Easton Street, Camarillo, addressed the Council representing the Building Industry Association. He said he had been confused about when public testimony would be taken, but won't attend on 9/17 to give testimony. In response to Mayor Hunter, Ms. Kane said a resolution will be provided to the Council to implement the ordinance. Ms. Kane read the ordinance title. MOTION: Councilmember Wozniak moved and Councilmember Evans 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 Councilmember Wozniak seconded a motion to declare Ordinance 238 introduced for first reading. The motion carried by unanimous voice vote. E. Consider Appeal 97 -2 (Bill Tanner /Madelaine Shenkel); Appeal of Determination by to Director of Community Development that a Planned Development Permit is Required for a Proposed Contractors Service and Storage Yard on a Vacant Undeveloped Property Located on the South Side of Los Angeles Avenue, West of Nogales Avenue (APN 513- 0 -024- 105). Staff Recommendation: Deny the appeal of the determination of the Director of Community Development for a Planned Development Permit and also deny the requested refund. Mr. Miller gave the staff report. • 00(11,36 Minutes of the City Council Moorpark, California Page 8 September 3, 1997 Tony Simen, 726 Nogales Avenue, addressed the Council in opposition to the applicant's request. John Newton, 165 High Street, addressed the Council as the applicant's representative. He asked the Council to approve the applicant's request. Councilmember Wozniak said he didn't want to put Tanner and Shenkel out of business after 19 years. He said it would be preferable to send them back to the A -C Construction yard. Councilmember Evans indicated his agreement. Mr. Miller explained that when Tanner & Shenkel were at the AC Construction site the noise in the late evening and early morning hours and unsheltered lights caused complaints from residents. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to sustain the applicant's appeal. The motion carried by unanimous voice vote. CONSENSUS: By consensus, the Council determined that a Temporary Use Permit would come back the Council. H. Consider Interim Policy to Allow Director of Community Development to Approve Minor Exceptions from the Code for Allowing a Ten Percent Reduction in the Required Lot Size for a Second Dwelling Unit. Staff Recommendation: 1) Approve the reduction in lot size to allow for the second dwelling unit and authorize the Director of Community Development to approve a minor exception and a new Administrative Permit without further Council review; 2) Approve an interim policy for 5% reduction in lot area for second dwelling units, in addition to the existing policy of allowing the Director of Community Development to approve a decrease/ increase of up to ten percent (100) for required minimum setback, lot coverage and wall heights upon making findings of good cause. The staff report was deferred. MOTION: Councilmember Perez moved and Councilmember Teasley seconded a motion to approve the reduction in lot size to allow -- for the second dwelling unit and authorize the Director of Community Development to approve a minor exception and a new administrative permit without further Council review; to approve an interim policy for five percent reduction in lot -area for second dwelling units, in addition to the existing policy of allowing the Director of Community Development to approve a 000137 Minutes of the City Council Moorpark, California Page 9 September 3, 1997 decrease/ increase of up to ten percent for required minimum setbacks, lot coverage and wall heights upon making findings of good cause. The motion carried by unanimous voice vote. C. Reconsideration of Vote on Commercial Planned Development Permit 96 -2 Minor Modification No. 2 for Approval of a Sign Program for blockbuster Video and Starbucks Coffee (San Pedro Signs), Located at the Northeast Corner of Los Angeles Avenue and Spring Road. Councilmember Evans said he had reconsidered the blue awnings on the building and felt that they were inappropriate at this location. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to delete blue awnings from this applicant's sign program. 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., 10.I., 10.E., and approve the balance of the Consent Calendar, including Item 9.I. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of the Regular City council Meeting of July 2, 1997. Consider Approval of Minutes of the Regular City Council Meeting of July 16, 1997. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of the Warrant Register. Fiscal Year 1996/97 Regular Warrants Fiscal Year 1997/98 Manual Warrants Voided Warrant 34481 -34482 - D; 34483 -34492 - V 34325, 34327 34470 -34480 34246 $206,030.10 $ 6,592.37 (675.58) Regular Warrants 34493 -34528 - D; 34529 -34598 - V $448,768.78 Staff Recommendation: Approve the Warrant Register. 0001.38 Minutes of the City Council Moorpark, California Page 10 September 3, 1997 D. Consider Notice of Completion for Park Lane Signal. Staff Recommendation: 1) Accept the work as complete; 2) Instruct the City Clerk to file a Notice of Completion for the project; and, 3) Authorize the release of the retention upon satisfactory clearance of the thirty five (35) day lien period. F. Consider Resolution No. 97 -1378 Establishing Parking Restrictions in the Parking Lot Located at the North End of the Arrovo Vista Community Park Access Bridge. Staff Recommendation: Adopt Resolution No. 97 -1378 prohibiting parking in the parking lot near the north end of the Arroyo Vista Community park Access Bridge, between the hours of 10:00 p.m. and 6:00 a.m. G. Consider Resolution No. 97 -1379 Supporting Fair Water Transfer Agreements. Staff Recommendation: Adopt Resolution No. 97 -1379. H. Consider Resolution No. 97 -1380 Increasing the Budget Amount for Miscellaneous Concrete Work and Filing a Notice of Completion. Staff Recommendation: 1) Accept the work as complete; 2) Adopt Resolution No. 97 -1380 increasing the project funding from the Gas Tax Fund, from $25,000 to $27,000 ($2,000 increase) ; 3) Instruct the City Clerk to file a 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. J. Consider AYSO Request for Additional Storage. Staff Recommendation: Approve AYSO's request for a second 20 cubic yard storage bin. K. Review July 3rd Fireworks Event Evaluation. Staff Recommendation: Receive and file the Committee recommendations and direct staff to present final recommendations for the 1998 fireworks event at the November 19 City Council meeting. 9.I. Consider Resolution No. 97 -1377 Relative to Bids for Construction of Intersection Improvements at Moorpark Road and Tierra Rejada Road. Staff Recommendation: 1) Award a contract to Taft Electric in the amount of $6,469.30; 2) Approve a construction contingency in the amount of $1,333; 3) Authorize the City manager to sign necessary contract documents; and 4) Adopt Resolution No. 97 -1377 appropriating funds for construction in FY 1997/98 as follows: Tierra Rejada Road /Spring Road AOC Account (Account No. 211.900.8039.000.9903) from $0 to $8,000 ($8,000 increase). 0 0001.39 Minutes of the City Council Moorpark, California Page 11 September 3, 1997 The following items were pulled from the Consent Calendar for individual consideration: C. Consider Approval of the Los Angeles Avenue East Preliminary Design and Authorization to Proceed with Right -Of -Way Acquisition. Staff Recommendation: 1) Approve the preliminary design for improvements to Los Angeles Avenue East; 2) Authorize staff to proceed with right of way acquisition; 3) Authorize staff to proceed with the preparation of the final design following final determination of right -of -way needs. Mayor Hunter said he opposed the expansion of Los Angeles Avenue east because he believed it would create more congestion and truck traffic. Councilmember Wozniak indicated his concurrence. MOTION: Councilmember Perez moved and Councilmember Evans seconded a motion to approve the preliminary design for improvements to Los Angeles Avenue East; to authorize staff to proceed with right of way acquisition; to authorize staff to proceed with the preparation of the final design following final determination of right -of -way needs. The motion carried by roll call vote 3 -2, Councilmember Wozniak and Mayor Hunter dissenting. E. Consider Amicus Support in green v. City of Los Angeles (delayed submittal of discrimination claims and whether a relevant labor pool must include persons who do not meet the minimum qualifications of the job). Staff Recommendation: Join the amicus. Councilmember Perez indicated he did not concur with the argument against the continuing violations issue. Councilmember Teasley indicated her concurrence. MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to approve the staff recommendation to join the amicus. The motion carried by voice vote 3 -2, Councilmembers Perez and Teasley dissenting. I. Consider Resolution No. 97 -1381 Establishing Certain Parking Restrictions on Moorpark Avenue South of Los Angeles Avenue. Staff Recommendation: Adopt Resolution No. 97 -1381 directing the placement of certain traffic signs on Los Angeles Avenue and New Los Angeles Avenue to read " "SLOW TRAFFIC KEEP RIGHT ". 000IL40 Minutes of the City Council Moorpark, California Page 12 September 3, 1997 Mr. Gilbert indicated that the title should be corrected to read: "Consider Resolution No. 97- Establishing Signs stating SLOW TRAFFIC KEEP RIGHT on New Los Angeles Avenue and Los Angeles Avenue." Mayor Hunter indicated his belief that this is a "bandaid" approach and much more is needed to resolve the truck traffic problem in the City. MOTION: Mayor Hunter moved and Councilmember Perez seconded a motion to approve Resolution No. 97 -1381 requesting the placement of traffic signs on Los Angeles Avenue and New Los Angeles Avenue to read "SLOW TRAFFIC KEEP RIGHT ". The motion carried by unanimous voice vote. 11. ORDINANCES: None. 12. CLOSED SESSION: MOTION: Councilmember Perez moved and Councilmember Teasley seconded a motion to adjourn to Closed Session for a discussion of: B. Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 2). The motion carried by unanimous voice vote. AT THIS POINT in the meeting, a recess was declared. The time was 11:25 p.m. The Council reconvened into Closed Session at 11:30 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 12:30 a.m. Mr. Kueny stated there was no action to report and. only Item 12.B. was discussed. 0001.41 Minutes of the City Council Moorpark, California Page 13 September 3, 1997 13. ADJOURNMENT: 000142