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HomeMy WebLinkAboutMIN 1997 0917 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California September 17, 1997 "-' A Regular Meeting of the City Council of the City of Moorpark was held on September 17, 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 7:25 p.m. 2. PLEDGE OF ALLEGIANCE: Richard Hare 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; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Nelson Miller, Director of Community Development; Captain Mike Lewis, Sheriff's Department; Don Reynolds, Administrative Services Manager; Dirk Lovett, Assistant City Engineer; Lillian Hare, City Clerk; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation to recognize October as Aids Awareness Month. Mayor Hunter presented the proclamation to Susan Beerworth, a volunteer for the Aids Prevention Planning Group. B. Proclamation to recognize October 6 - 10, 1997 as California Rideshare Week. Mayor Hunter presented the proclamation to Alan Holmes, Southern California Association of Governments representative. C. Proclamation to Recognize October as "Metrolink Regional Rail Month." Mayor Hunter presented the proclamation to Mike Leasher. D. Proclamation for Mental Illness Awareness Week, October 5 - 11, 1997. Mayor Hunter presented the proclamation to David Lage. Minutes of the City Council Moorpark, California Page 2 September 17, 1997 E. Recognition of Richard T. Hare, Deputy City Manager. Mayor Hunter, assisted by the other members of the City Council, presented a City Plaque to Richard Hare in appreciation for his service as Deputy City Manager from October 1988 to September 1998. They wished him well in his new position of City Administrator for the City of Marysville. F. City Manager's Monthly Report. Mr. Kueny highlighted the duties and accomplishments of the Administrative Services Manager, Don Reynolds. Don spoke briefly on the Business Opportunity Fair sponsored by the City. S. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 6. PUBLIC COMMENT: Barbara Shultz, 3072 Darlington Drive, Thousand Oaks, thanked city staff for being responsive to her concerns regarding the Deewayne Jones project. She expressed her concerns regarding the hours of operation for the new center. Roseann Mikos, 14371 E. Cambridge Street, addressed the Council regarding the upcoming Hidden Creek Ranch public hearing. She asked when the Development Agreement with Messenger Development Company will be available to the public. She informed the Council regarding a new group that is moving forward to preserve open space in the area. In response to Dr. Mikos, Mr. Kueny said that discussions with the developer are continuing regarding the Development Agreement. He said the Development Agreement public hearings will be a separate action from the public hearings that have already been noticed for October. Councilmember Evans said he would like to go on the record as saying that the city needs to get the Development Agreement for review at the earliest possible moment. Councilmember Wozniak left the dais. Gerald Goldstein, 11932 Los Angeles Avenue, addressed to Council regarding his experience with recycling. Councilmember Wozniak returned to the dais. Minutes of the City Council Moorpark, California Page 3 September 17, 1997 Andrew Burg, 215 W. Los Angeles Avenue, #1, addressed the Council regarding the noise generated by the trucks backing -up at the cement plant. He presented a petition to the City Clerk for distribution to the Council. The petition requested the revocation of the conditional use permits for CalMat and Conejo Ready Mix. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: In response to Mayor Hunter, Mr. Gilbert gave an update on the storm drain retrofit project. He indicated that the project should be completed by mid October. Councilmember Evans requested a review of street vendor policy. He indicated that this could be done a staff's convenience. 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) Close the public hearing; 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 -1382 approving Commercial Planned Development Permit No. 96 -3, Conditional Use Permit No. 96 -2 and Tentative Parcel Map No. 5056. (CONTINUED ITEM) Mr. Miller gave the staff report. He indicated that drive through access would be addressed through the minor modification process. Deewayne Jones, 1055 Marine View Drive, addressed to the Council regarding his development. He requested that the Council leave the height of the tower as it appears on the plan. He also requested that the balcony on the north side of the building be left as designed and that the location of the trash area on the northeast portion of the project be left where sited. He said the outstanding items are the access to Liberty Bell and the air quality management report. He requested that the project be approved so they could start with the leasing and financing and the outstanding items could then be worked out with staff. Barbara Shultz, 3072 Darlington Drive, Thousand Oaks, spoke regarding the property that she owns on Shasta Avenue. She Minutes of the City Council Moorpark, California Page 4 September 17, 1997 said she is concerned with the area between the proposed wall and existing walls. She expressed concern with the shopping center hours. She also requested that no balconies be allowed on the back side of the building which could overlook the residential property. Mayor Hunter requested staff to provide information regarding the height of the Regal Theatre Marquee. The Council discussed the height of the tower element and the recessed balcony on the back of the building and determined as follows: CONSENSUS: By Consensus the Council determined to delete "f) Relocate outside lounge areas away from residential properties" (Condition 56) and to leave as part of Condition 56 "Reduce the height of the tower element of the two story building to be in more scale with the size of the building." Mayor Hunter closed the public hearing. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to approve Resolution 97 -1382 as amended above with regard to Condition 56. The motion carried by unanimous voice vote. B. Public Hearing and Adoption of Ordinance No. 238, Adding Article III to Chapter 3.36 of the Moorpark Municipal Code Relative to a Library Facilities Fee, Introduce Ordinance for Second Reading, and Adopt Resolution No. 97- , Establishing Library Facilities Fees. Staff Recommendation: 1) Hold a Public Hearing to receive testimony on Ordinance No. 238, adding Article III to Chapter 3.36 relative to a library facilities fee to be imposed on new development within the City; 2) Adopt Ordinance No. 238; and 3) Adopt Resolution No. 97- establishing the library facilities fee. Ms. Lindley requested that the Council continue this matter to October 1 in order to renotice the public hearing. MOTION: Mayor Hunter moved and Councilmember Wozniak seconded a motion to continue this item to October 1, 1997. The motion carried by unanimous voice vote. 9. PRESENTATIONS /ACTION /DISCUSSION: A. Consider Minor Modification No. 1 to Industrial Planned Development No. 95 -2 on the Application of Special Devices, Incorporated for Addition of 35,000 Square Feet of Building Area and Building Elevation Modifications to an Approved Office/ Industrial Building Located at 14370 New Los Angeles Avenue, Buildings 100 through 500. Staff Recommendation: Approve Resolution No. 97 -1383 conditionally approving Minor Modification No. 1 to IPD 95- 2. Minutes of the City Council Moorpark, California Page 5 September 17, 1997 Mr. Miller gave the staff report. Roseann Mikos, 14371 E. Cambridge, addressed the Council regarding her concern about the amount of grading done on the SDI project. John Vinke, 16830 Placerita Canyon Road, Saugus, addressed to Council representing Special Devices, Inc. He said their business continues to grow and they have designed a larger building to accommodate that growth. He said the number of employees they plan to bring to the City is substantially higher than originally planned. Ed Ball, 31717 La Tienda Drive, Westlake Village, addressed to Council representing Special Devices, Inc. He said that in approximately 90 days there will be a significant change in the landscaping as the newly graded hills are planted. In response to Council question, he indicated that the mezzanine area would be increased about 15,000 square feet and the foot print of the building would increase about 15,000 square feet. Councilmember Evans said he feels good about the 600 jobs SDI is bringing to the City and that only about 10% of the land purchased by SDI will be used and the rest will be left in open space. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to adopted Resolution 97 -1383. The motion carried by unanimous voice vote. B. Consider Approval of Resolution 97 -1384 Relative to Minor Modification No. 1 to Planned Development Permit No. 943 ( Sofsky) for a Proposed Outside Patio and Seating Area and Landscape Garden Area for Hosting Special Events at the Secret Garden Restaurant, 255 E. High Street. Staff Recommendation: Adopt Resolution No. 97 -1384 approving Planned Development Permit No. 943 Minor Modification No. 1. Councilmember Teasley left the dais because of a possible conflict of interest. Mr. Miller gave the staff report. Mr. Sofsky addressed the Council requesting their consideration for the following: (1) Deleting Condition 8 requiring a landscape plan for the garden area in the back of the building as the Minutes of the City Council Moorpark, California Page 6 September 17, 1997 landscaping already exists and he is just improving it. (2) Deleting Condition 9 regarding the three foot high wall construction as the wall already exists and encloses the parking lot and not the patio, as referenced. (3) Modifying Condition 12 so that the restriction on music would be that it not be audible past the property line and to replace the words "parking lot" with "garden area" in the last sentence of the condition. (4) Deleting Conditions 19, 21 and 22 as duplicates. (5) Modifying the parking requirements in Condition 2. CONSENSUS: By Consensus the Council determined to agree to the modifications requested by the applicant regarding items 1 through 4 above with Condition 8 rewritten with language that a backflow preventer only is required, and regarding Condition 9 that it not be deleted but clarified that the wall in existence currently satisfies this condition. Mr. Kueny suggested that regarding Condition 2, parking requirements, the project could be credited with a number of spaces at the Metrolink parking lot. The language could be created in an agreement or other form as determined by staff. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to adopted Resolution 97 -1384, modified as indicated by the consensus action above and Mr. Kueny's suggestion above regarding Condition 2. The motion carried by voice vote 4 -0, Councilmember Teasley absent for the vote. Councilmember Teasley rejoined the meeting. C. Consider Upgrades to the City's Cable Broadcast System. Staff Recommendation: That the City Council adopt Resolution No. 97 -1385 appropriating $3,400 to complete the FY 1996/97 sound system upgrade (carry -over expense from the prior year's budget), $15,750 from the Equipment Replacement Fund for the replacement of the character generator, and $3,010 from the General Fund Reserve for a UPS system to support the character generator, for a total appropriation of $22,160. (ROLL CALL VOTE) Mr. Reynolds gave the staff report. Councilmember Wozniak suggested approving the $3,400 for completion of the work on the sound system initiated in Minutes of the City Council Moorpark, California Page 7 September 17, 1997 1996/97 and referring the balance of the request to the Budget and Finance Committee for review. Councilmember Evans said he wants to know if we "really need it." MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to approve Resolution 97 -1385 appropriating $3,400 for the completion of the work on the sound system and to refer the balance of the request to the Budget and Finance Committee for review. The motion carried by unanimous roll call vote. D. Consider Resolution No. 97 -1386, Amending the FY 1997/98 Budget Allocating Additional Funds for the Arroyo Vista Recreation Center Office Remodel Project. Staff Recommendation: Adopt Resolution No. 97 -1386 amending the FY 1997/98 budget appropriating $6,000 from the City's General Fund to the Community Services Facilities budget for the purchases identified in the staff report. (ROLL CALL VOTE REQUIRED) Ms. Lindley gave the staff report. In response to Mayor Hunter, Mr. Kueny suggested that the original appropriation for the project could be discussed by the Budget and Finance Committee to consider a loan from the General Fund to the Park Improvement Fund rather than funding it from the General Fund. CONSENSUS: By consensus the Council determined to concur with the suggestion by the City Manager above. MOTION: Councilmember Perez moved and Mayor Hunter seconded a motion to approve Resolution 97 -1386 as per the supplemental report dated September 16, 1997. The motion carried by unanimous roll call vote. E. Consider Proposed Service Contract between the City of Moorpark and the Moorpark Mosquito Abatement District (MMAD) for Vector Control Service Delivery. Staff Recommendation: 1) Approve having the City of Moorpark enter into a Service Contract with the MMAD subject to final language approval by the City Manager and the City Attorney as to form and execution by the Board of Trustees of the MMAD and to be effective October 1, 1997; 2) Authorize the Mayor to execute the Service Contract on -- behalf of the City of Moorpark; 3) Approve the City's employment of the current Moorpark Mosquito Abatement District employees, specifically the "Manager - Entomologist" as a "Maintenance Supervisor" and the "Inspector - Control Technician" as a "Maintenance Worker Minutes of the City Council Moorpark, California Page 8 September 17, 1997 II ", in conformance with the City's Personnel Rules and Regulations. Mr. Hare gave the staff report. Councilmember Evans stated that the same level of service will exist as is currently being provided by the Moorpark Mosquito Abatement District. Eloise Brown, 13193 Annette Street, addressed the Council and indicated that if the proposed service contract with the Moorpark Mosquito Abatement District is approved by the Board of Trustees authorizing the current Moorpark Mosquito Abatement District employees to be employed by the city, she expected Mr. Hartley, President of the Moorpark Mosquito Abatement District Board of Trustees, to vote for the dissolution of the District. It was discussed by Council that the two employees to be transferred to the city should keep their current titles of Entomologist and Vector Control Technician. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to approve entering into a service contract with the Moorpark Mosquito Abatement District subject to final language approval by the City Manager and the City Attorney as to form, and execution by the Board of Trustees of the Moorpark Mosquito Abatement District, to be effective October 1, 1997; to authorize the Mayor to execute the service contract on behalf of the City of Moorpark; to approve the City's employment of the current Moorpark Mosquito Abatement District employees, specifically the Entomologist and Vector Control Technician in conformance with the city's personnel rules and regulations. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: MOTION: Mayor Hunter moved and Councilmember Wozniak seconded a motion to pull items 10.B. and 10.F. and approve the balance of the Consent Calendar. The motion carried by unanimous voice vote. A. Consider Approval of the Warrant Register. Fiscal Year 1997/98 Manual Warrants 34599 -34604 $ 43,468.96 Voided Warrant 32488 $ (60.00) Regular Warrants 34609- 34636 -D $ 277,684.71 34637- 34716 -V $ 284,937.44 Staff Recommendation: Approve the Warrant Register. Minutes of the City Council Moorpark, California Page 9 September 17, 1997 C. Consider Revised Resolution for 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. Staff Recommendation: Adopt Resolution No. 97 -1387 rescinding Resolution No. 97 -1363 and approving Minor Modification No. 2 to Commercial Planned Development Permit 96 -2, for approval of a sign program as revised. D. Consider Agreement with Laidlaw Environmental Services of California for Regional Hazardous Waste Collection Services. Staff Recommendation: Approve the agreement with Laidlaw Environmental Services for regional hazardous waste collection services thereby terminating the agreement with Rollins Environmental Services and authorize the Mayor to sign the agreement on behalf of the City. E. Consider Approval of Resolution No. 97 -1388 Relative to the Purchase of Two (2) 'r� Ton Pickup Trucks. Staff Recommendation: 1) Authorize staff to proceed with the procurement of two 4 ton pick -up trucks from Robert H. Loud Ford for a total cost not to exceed $26,846; 2) Adopt Resolution No. 97 -1388 changing the funding source for the procurement of a truck for the Department of Community Services from the Parks Maintenance Assessment District (Account 210.710) to the Equipment Replacement Fund (Fund 403) . G. Consider Agreement Between the Citv and the Ventura Count Flood Control District for Maintenance of the Peach Hill Wash and Detention Basin. Staff Recommendation: Approve the agreement and authorize the Mayor to sign the agreement and forward it to the County for their approval. The following items were pulled from the Consent Calendar for individual consideration: B. Consider Agreement with the Ventura County Star for Legal Advertising. Staff Recommendation: Approve the agreement and authorize the Mayor to execute the agreement. In response to Mayor Hunter, Ms. Hare indicated that the City Attorney said that should another adjudicated newspaper become available in Moorpark, the city could use that newspaper for its publications. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to approve the agreement and authorize the Mayor to execute it. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California Page 10 September 17, 1997 F. Consider Resolution No. 97 -1389, Intention to Approve an Amendment to Contract Between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Moorpark; and Resolution No. 97- 1390, Agreement to Pool 1959 Survivor Benefits Assets and Liabilities Between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Moorpark. Staff Recommendation: Authorize process to consider first reading to be held on October 1, 1997, and second reading and adoption of Resolution No. 97- 1389, and Resolution No. 97 -1390, on October 15, 1997, with an implementation date of November 5, 1997. Mr. Hare clarified that both resolutions should be approved this evening and first reading of the ordinance would take place on October 1. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to approve Resolutions 97 -1389 and 97 -1390. The motion carried by unanimous voice vote. 11. ORDINANCES: None. 12. CLOSED SESSION: MOTION: Councilmember Perez moved and Councilmember Evans seconded a motion to adjourn to a Closed Session for a discussion of 12.D. listed on the agenda. D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (pursuant to Government Code Section 54957) Title: City Manager, Deputy City Manager, Director of Community Development, Director of Community Services, Public Works Director, City Clerk, Chief of Police, City Engineer, and City Attorney The motion carried by unanimous voice vote. AT THIS POINT IN THE MEETING a recess was declared. The time was 10:05 p.m. The Council reconvened into Closed Session at 10:08 p.m. Present in Closed Session were all Councilmembers and Steven Kueny, City Manager. The Council reconvened into Open Session at 10:25 p.m. Mr. Kueny stated there was no action to report and only item 12.D. was discussed. Minutes of the City Council Moorpark, California Page 11 September 17, 1997 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 10:25 p.m. P4Trick Hunter, Mayor ATTEST: Lillian Hare, City Clerk