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HomeMy WebLinkAboutMIN 1997 1001 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California October 1, 1997 A Regular Meeting of the City Council of the City of Moorpark was held on October 1, 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 :36 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Wozniak led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Perez, Teasley, Wozniak and Mayor Hunter. Absent: Councilmember Evans Staff Present: Steven Kueny, City Manager; Cheryl Kane, City Attorney; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Nelson Miller, Director of Community -- Development; Deborah Traffenstedt, Senior Planner; John Nowak, Interim Economic Development Manager; Captain Mike Lewis, Sheriff's Department; Don Reynolds, Administrative Services Manager; Charles Abbott, City Engineer; Dirk Lovett, Assistant City Engineer; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS AND COMMENDATIONS: None. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 6. PUBLIC COMMENT: Eloise Brown, 13193 Annette Street, spoke as a member of the Moorpark Mosquito Abatement District Board of Directors. She stated that the Agreement between the MMAD and the City of Moorpark will be discussed at the Board meeting of the MMAD the first Tuesday in October. Minutes of the City Council Moorpark, California Page 2 October 1, 1997 Gary Dymesich, 750 E. Los Angeles Avenue, Resource Manager at CalMat, said his company is trying to work with the neighbors regarding the early morning noise issue. He said OSHA has given them approval to use strobe lights on their trucks to indicate backing up action instead of them having to use the sound back- up alarms. Tom Duck, 14663 Loyola, addressed the Council and asked why garage signs are removed by City employees on Saturday mornings. He said he has seen commercial signs that are less desirable and they seem to be left standing for long periods of time. Mayor Hunter explained that the City is conducting a sign study now and the results will be presented to the Planning Commission and City Council to see if revisions to the sign code are needed. Roseann Mikos, 14371 E. Cambridge Street, spoke regarding saving open space in Moorpark. 7. ANNOUNCEMENTS: Mayor Hunter read announcements about upcoming events in the City and about the status of the Carlsberg project site. 8. PUBLIC HEARINGS: A. Public Hearing to Adopt Ordinance No. 238, Adding Article III TO Chapter 3.36 of the Moorpark Municipal Code Relative to a Library Facilities Fee, Introduce the Ordinance for Second Reading, and Adopt Resolution No. 97- , Establishing Library Facilities Fees. Staff Recommendation: Open the 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; close the Public Hearing, introduce the Ordinance for second reading, and adopt Resolution No. 97- establishing library facilities fees. Ms. Lindley gave the staff report. Mayor Hunter opened the public hearing. Dee Zinke, 24005 Ventura Blvd, Calabasas, spoke representing the Building Industry Association. She said the BIA is interested in seeing how the entire operational budget for the library funding will work. She said a pulse needs to be taken of the community to see how much the library is needed and by whom. Additionally, she indicated that library fees don't need to be assessed at Minutes of the City Council Moorpark, California Page 3 October 1, 1997 the same time as public safety fees in the development process. She said the public safety fees are a necessity and libraries are a community resource which can be assessed later in the development process. Linda Plaks, 4945 Mira Sol, spoke as a home based business owner. She said she believes the ordinance may be premature and there needs to be more research done for alternative funding sources. Eloise Brown, 13193 Annette Street, stated her concern that the funds should not be handed off to others for operation of the library. She said the other libraries located in the city school system should be in a cooperative effort with the City library to maintain all of the collections in a more current condition and not let them stagnate. Gerald Goldstein, 11932 Los Angeles Avenue, said he would be hesitant to charge a fee for the use of libraries. He said there are other ways for the library to conduct fund raising and he suggested a library bookstore and gallery. Mayor Hunter closed the public hearing. Councilmember Perez stated that he would like to have additional information on other alternatives before approving a library fee. Mayor Hunter stated that the libraries are in worse than inadequate condition. He said if the City doesn't begin to close the gap now, the library will fall further and further behind in its condition. Councilmember Wozniak said he believes the City needs to take positive action now that addresses the problems of funding and maintaining the library. Councilmember Teasley suggested that a ballot measure to assess stated fees might level the playing field rather than instituting an ordinance. Ms. Kane read the ordinance title. MOTION: Councilmember Wozniak moved and Mayor Hunter seconded a motion to read the ordinance title only and waive further reading. The motion failed by 2 -2 voice vote, Councilmembers Perez and Teasley dissenting and Councilmember Evans absent for the vote. Minutes of the City Council Moorpark, California Page 4 October 1, 1997 B. Consider Hidden Creek Ranch Specific Plan Project (Specific Plan No. 8 /Specific Plan No. SP -93 -1, General Plan Amendment No. GPA -93 -1, and Zone Change No. ZC- 93 -3), Applicant: Hidden Creek Ranch Partners. Staff Recommendation: Open the public hearing, accept project description testimony from the applicant, and continue the public hearing to a scheduled special City Council meeting on October 8, 1997, for focused discussion of Specific Plan draft land use and circulation clans, phasing, and access and traffic impact issues, including public testimony. Ms. Traffenstedt gave the staff report. Joan Kelley, environmental consultant from Bon Terra Consulting, gave a brief overview of the environmental issues relative to the proposed project. Mayor Hunter opened the public hearing. Gary Austin, 959 South Coast Drive, Suite 490, Costa Mesa, spoke representing the applicant, Messenger Investment Company. He addressed three aspects of the project in brief: history, description of the project, and the proposed project benefits. Art Lenox, 15654 Harte Lane, addressed the Council and expressed his concerns about 1) what remedial action is proposed to be taken on the property to mitigate danger from soil contamination resulting from oil production on that location, 2) safety of the area due to increased density of population in the event of an evacuation; and 3) dust mitigation measures that are planned. Elaine Freeman, 2509 E. Thousand Oaks Blvd, Thousand Oaks, addressed the Council representing two property owners, Ventura Pacific Capital Trust and the O'Brien Trust. She said they are requesting a net density of 1.32 dwelling units per acre and she clarified that the property is of non -prime agriculture designation on County maps. She indicated that her clients want to form their own assessment district and they want to develop from the west side of the property. She requested that the Council allow the phasing of the property to be concurrent and to allow their properties to be removed for development if Specific Plan No. 8 does not develop for some reason. Tom Duck, 14663 Loyola, addressed the Council and spoke in opposition to the project. Minutes of the City Council Moorpark, California Page 5 October 1, 1997 Mitchel Kahn, 351 Rolling Oaks Drive, Thousand Oaks, spoke as legal counsel for Sunshine Ranch. He indicated that his client wants to be included as part of the Specific Plan or be removed from it and be allowed to run a concurrent project. Janet Murphy, 15308 Seitz Court, said the project will have too many negative effects on the community. She suggested putting this project to a vote of the people. Lori Rutter, 11611 Pinedale Road, addressed the Council and spoke in opposition to the project. Beth Otto, 4261 Heatherdale Court, spoke with concerns about the appropriateness of certain Councilmembers voting on the project. Steve Hagerty, 6894 N. Auburn Circle, expressed concerns about too much growth in the city and about traffic congestion. Dr. Roseann Mikos, 14371 E. Cambridge Street, stated that the Council doesn't have to approve this project as "'— proposed. She spoke in opposition to the project. Tim Saivar, 15594 Mallory Court, stated that environmental issues and traffic are his concerns. Gerald Goldstein, 11932 Los Angeles Avenue, stated that environmental issues are his concern. David Anderson, 12453 Beechgrove Court, recommended that a Citizens' Advisory Committee be formed to review this proposed project. Alice Tseng, 6801 Trojan Court, expressed her concerns about air quality if this project is constructed. The applicant deferred rebuttal remarks to future meetings. CONSENSUS: By consensus, the Council determined to reschedule the public hearing items scheduled for the October 29, 1997 City Council meeting to a special City Council meeting to be held on November 12, 1997; staff to proceed with noticing requirements as advised by the City Attorney. MOTION: Councilmember Wozniak moved and Councilmember Teasley seconded a motion to continue this item to a special meeting to be held on October 8, 1997. The motion carried by 4 -0 voice vote, Councilmember Evans absent for the vote. Minutes of the City Council Moorpark, California Page 6 9M October 1, 1997 AT THIS POINT in the meeting, the Council took a recess. The time was 10:40 p.m. The Council reconvened into Open Session at 11:00 P.M. PRESENTATIONS /ACTION /DISCUSSION: A. Consider 1) Certification of the Tabulation of Ballots Received Regarding the Proposed Future Levy of Assessments for the Maintenance of Campesina Park; 2) Approval of a Request to Accept the Ownership and Future Maintenance of Said Park; and 3) Approval of a Request to Proceed with the Construction of Said Park. Staff Recommendation: 1) Certify the tabulation of Ballots received pertaining to the future levy of a $60 per lot per year maintenance assessment for Campesina Park, finding the results of said Ballot to be in favor of said future assessment; 2) Except as provided for below, direct staff to proceed with the levy of said assessment for Fiscal Year 1998/99 and all future years requiring said assessment to fund said maintenance costs; 3) Direct staff to suspend such assessments if Proposition "P" is approved by the voters; 4) Direct staff to proceed with the efforts necessary to have the park property conveyed to the City; 5) Direct staff to make preparations for the acceptance of the subject proposed park for City maintenance; 6) Re- confirm the scope of work of the Phase 1 improvements for the subject park as defined in the staff report and authorize CEDC to proceed with construction; 7) Direct staff to make appropriate provisions for the release of certain CEDC funds set aside for this purpose, to be used solely for said park construction. Mr. Gilbert gave the staff report. Teresa Angelica Cortes, 12425 Villa Campesina Avenue, addressed the Council and said that finishing the Villa Campesina Park will make a dream come true for the residents. Felix H. Gomez, 4805 Juarez Avenue, requested the Council to take action to proceed with the approval of the park. Lourdes Castro Ramierez, 100 South Moorpark Avenue #502, spoke as an employee of Cabrillo Economic Development Corporation. She spoke in favor of the park construction. Mayor Hunter requested that the word "certain" be removed from staff recommendation no. 7 in the staff report. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to approve the staff recommendation with the deletion of the word "certain" from no. 7. The motion carried Minutes of the City Council Moorpark, California Page 7 October 1, 1997 by 4 -0 voice vote, Councilmember Evans absent for the vote. B. Consider Site for Proposed Tennis Courts at Arroyo vista Community Park and Adopt Resolution No. 97 -1391 Amending the 1997/98 Budget to Fund City's Share of Project Costs. Staff Recommendation: Approve the location of eight lighted tennis courts south of the Arroyo Vista Community Park gymnasium; 2) Direct staff to conduct necessary land survey and develop and distribute RFP for design and construction of 8 lighted tennis courts; 3) Adopt Resolution No. 97 -1391 approving the loan of $176,000 from the General Fund (100) to the Community Park Zone Fund (212) and; 4) Direct staff to prepare a draft agreement with MUSD for joint funding and shared use and maintenance of the tennis courts. Ms. Lindley gave the staff report. MOTION: Councilmember Teasley moved and Councilmember Perez seconded a motion to approve staff recommendation. The motion carried by 4 -0 roll call vote, Councilmember Evans absent for the vote. C. Consider Loan Repayment Schedule for the Moorpark Boys and Girls Club. Staff Recommendation: That the City Council consider, pending recommendation from the Budget and Finance Committee, and select either the five year or four year payment plan as deemed appropriate with payments beginning September 30, 1998, and accept the payment of interest equal to $7,033.33, for 1997, and authorize staff to execute the related promissory note securing the balance due in principal and interest. Mr. Reynolds gave the staff report. MOTION: Councilmember Wozniak moved and Mayor Hunter seconded a motion to select the five year payment plan as deemed appropriate with payments beginning September 30, 1998, and accept the payment of interest equal to $7,033.33, for 1997, and authorize staff to execute the related promissory note securing the balance due in principal and interest. The motion carried by 4 -0 voice vote, Councilmember Evans absent for the vote. Minutes of the City Council Moorpark, California Page 8 October 1, 1997 10. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to approve the Consent Calendar. The motion carried by 4 -0 roll call vote, Councilmember Evans absent for the vote. A. Consider Approval of Minutes of the Special City Council Meeting of August 20, 1997. Consider Approval of Minutes of the Regular City Council Meeting of August 20, 1997. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of the Warrant Register. Fiscal Year 1997/98 Manual Warrants 34605- 34608, 34717 -34732 $ 16,062.21 Voided Warrant 34610 $ (85.80) Regular Warrants 34733 - 34773 -D $126,363.76 34774 - 34845 -V $ 84,597.14 Staff Recommendation: Approve the Warrant Register. C. Consider Resolution No. 97 -1392 Rescindinq Resolution No. 92 -892 Pertaining to Parking Restrictions Within the Civic Center Parking Lots and Reenacting Said Parking Restrictions to Include All Parking Area within the Civic Center Complex. Staff Recommendation: Adopt Resolution No. 97 -1392 rescinding Resolution No. 92 -892 and reenacting the parking restrictions for the Civic Center complex. D. Consider Release of Carl's Jr. Subdivision Improvement Agreement. Staff Recommendation: 1) Approve and authorize the Mayor to sign the Release and/ 2) Direct the City Clerk to record the Release. E. Consider Adoption of Resolution No. 97 -1393 Amending FY 1997/98 Budget to Purchase Special Supplies for the Senior Olympic Games. Staff Recommendation: Adopt Resolution No. 97 -1393, amending the FY 1997/98 Budget by accepting donations of approximately $700 and appropriating $700 to the Senior Center Division budget (100.702.1016.000.9271) to purchase special supplies as identified in the staff report. Minutes of the City Council Moorpark, California Page 9 October 1, 1997 F. Consider Receptionist Job Description. Staff Recommendation: Approve the amended job description for the position of Receptionist. 11. ORDINANCES: A. Consider Ordinance No. 239, Amending the Contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Moorpark to Pool 1959 Survivor Benefits Assets and Liabilities. Staff Recommendation: Authorize First Reading to be held on October 1, 1997, and Second Reading on October 15, 1997, with an implementation date of November 15, 1997. Ms. Kane read the ordinance title. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to read the ordinance title only and waive further reading. The motion carried by 4 -0 voice vote, Councilmember Evans absent for the vote. MOTION: Councilmember Wozniak moved and Councilmember Perez -- seconded a motion to declare Ordinance No. 239 introduced for first reading. The motion carried by 4 -0 voice vote, Councilmember Evans absent for the vote. 12. CLOSED SESSION: None was held. 13. ADJOURNMENT: MOTION: Councilmember Wozniak moved and Councilmember Teasley seconded a motion to adjourn the meeting. The motion carried by 4 -0 voice vote, Councilmember Evans absent for the vote. The meeting adjourned at ATTEST: