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HomeMy WebLinkAboutMIN 1997 1015 CC REG1 MINUTES OF THE CITY COUNCIL Moorpark, California October 15, 1997 A Regular Meeting of the City Council of the City of Moorpark was held on October 15, 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 Adam Halbieb. 3. ROLL CALL: Present: Councilmembers Evans, Perez, Teasley, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Ken Gilbert, Director of Public Works; Ken Rozzelle, Assistant City Attorney, Captain Mike Lewis; Sheriff's Department; Mary Lindley, Director of Community Services; Charles Abbott, City Engineer; Dirk Lovett, Assistant City Engineer; Nelson Miller, Director of Community Development; Dori Reynolds, Administrative Services Manager; John Nowak, Interim Economic Development Manager; Lillian Hare, City Clerk; Dorothy Vandaveer, Deputy City Clerk and Lisa Pope, Deputy City Clerk 4. PROCLAMATIONS AND COMMENDATIONS: A. Opening of Senior Olympic Games. 0 C. The Opening Ceremony for the Senior Games was presented which included the posting of the Colors and the Senior Games Oath which Mayor Hunter administered to Flo Butler and Ray Beaulieu, 1996 gold medal winners selected by the Moorpark Senior Games Subcommittee to take the oath on behalf of all participants and to Vera Sorrels on behalf of the event leaders. Recognition of Country Days Theme and Logo Contest Winners, Sandi Miranda and Bill Amiot. The Mayor recognized Sandi Miranda as the winner of the Logo Contest and Bill Amiot as the Theme winner. Proclamation Recognizing 30' Anniversary of Moorpark College. Mayor Hunter presented a proclamation to Dr. Walker. Minutes of the City Council Moorpark, California Page 2 October 15, 1997 D. Proclamation Recognizing the Week of October 23rd as Red Ribbon Week. Mayor Hunter presented the proclamation to Sheriff's Deputy John Wilson. E. Recognition of New City Employees, Stephanie Shaw, Lisa Pope, and Lisa Cobleigh. Mayor Hunter introduced the new City employees. F. Introduction of Administrative Assistant to the Moorpark Police Department, Donna Jones. Mayor Hunter introduced Donna Jones. G. Recognition of Eagle Scout Adam Halbieb. Mayor Hunter presented a Certificate of Recognition to Adam Halbieb. H. Recognition of Dot Vandaveer, Deputy City Clerk. Mayor Hunter presented Dot Vandaveer with a City plaque in recognition of her years of service as the Deputy City Clerk. I. City Manager's Monthly Report Mr. Kueny introduced Lillian Hare, City Clerk, who presented an overview of her department. S. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: By consensus, the Council determined to continue Item 9.C. to the meeting of November 5. 6. PUBLIC COMMENT Eloise Brown, 13193 Annette Street, addressed the Council and gave her report as appointee to the Moorpark Mosquito Abatement District (MMAD). She said that the MMAD Board voted unanimously to send a letter to Arnold Dowdy, the Executive Director of LAFCO supporting the City as the lead agency in the District's proposed dissolution. Ish Chaidez, 13931 E. Los Angeles Avenue, addressed the Council as a resident of the Virginia Colony area of the City. He spoke in opposition to the Tanner and Shenkel special use permit for a temporary truck storage facility on the south side of Los Angeles Avenue west of Nogales Avenue. Minutes of the City Council Moorpark, California Page 3 October 15, 1997 Andrew Berg, Post Office Box 111, Moorpark, addressed the Council complaining of truck beepers on cement company trucks. He said they operate as early as 3:00 and 4:00 a.m. Wilson Golpashin, 833 Hedyland, addressed the Council in opposition to the Tanner and Shenkel permit. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: None. 8. PUBLIC HEARINGS: None. 9. PRESENTATIONS /ACTION /DISCUSSION: Tony Simen, 726 Nogales Avenue, addressed the Council in opposition to the Tanner and Shenkel permit. John Aguirre, 14458 Colonia Avenue, addressed the Council in opposition to the Tanner and Shenkel permit. Ernest Rodriquez, 14288 Los Angeles Avenue, addressed the Council in opposition to the Tanner and Shenkel permit. Pete Lopez, 14294 E. Los Angeles Avenue, addressed the Council in opposition to the Tanner and Shenkel permit. Robert Velasok, 14221 Los Angeles Avenue, addressed the Council in opposition to the Tanner and Shenkel permit. Tony Roman, 14276 Los Angeles Avenue, indicated that his house was next door to the proposed property to be occupied by Tanner and Shenkel. He indicated his opposition. C. Consider Request by Madelaine Shenkel and Bill Tanner for the City Council to Approve a Temporary Special Use Permit for a Temporary Truck Storage Facility on a 2.08 Acre Parcel Located on the South Side of Los Angeles Avenue West of Nogales Avenue (APN 513 - 024 -105). Staff Recommendation: 1) Adopt Resolution No. 97- conditionally approving a Temporary Special Use Permit for temporary truck storage facility on a 2.08 acre parcel located on the south side of Los Angeles Avenue West of Nogales Avenue; 2) Direct staff to prepare a Resolution of Intention to authorize acceptance of applications for General Plan Amendment and Zone Change for the property on the north side of Los Angeles Avenue subject to requirements as the Council may direct; 3) Deny the request for refund of costs of the appeal of the Community Development Director's determination. Tony Simen, 726 Nogales Avenue, addressed the Council in opposition to the Tanner and Shenkel permit. John Aguirre, 14458 Colonia Avenue, addressed the Council in opposition to the Tanner and Shenkel permit. Ernest Rodriquez, 14288 Los Angeles Avenue, addressed the Council in opposition to the Tanner and Shenkel permit. Pete Lopez, 14294 E. Los Angeles Avenue, addressed the Council in opposition to the Tanner and Shenkel permit. Robert Velasok, 14221 Los Angeles Avenue, addressed the Council in opposition to the Tanner and Shenkel permit. Tony Roman, 14276 Los Angeles Avenue, indicated that his house was next door to the proposed property to be occupied by Tanner and Shenkel. He indicated his opposition. Minutes of the City Council Moorpark, California Page 4 October 15, 1997 Joe Lopez, 14245 Los Angeles Avenue, addressed the Council in opposition to the Tanner and Shenkel permit. Bob Shumbres, 14296 Avenida Colonia, addressed the Council in opposition to the Tanner and Shenkel permit. Becky Rodriquez, 703 Nogales Avenue, addressed the Council in opposition to the Tanner and Shenkel permit. She said the trucks honk their horns at each other and it is very loud and disturbing. Lillian Rodriquez, 703 Nogales Avenue, addressed the Council in opposition to the Tanner and Shenkel permit. She asked for the same consideration that residents close to the DeeWayne Jones project were given. Mary Romo, 893 Nogales Avenue, addressed the Council in opposition to the Tanner and Shenkel project. Victoria Chaidez, 13931 Los Angeles Avenue, addressed the Council in opposition to the Tanner and Shenkel permit because of noise, safety and environmental concerns. 9.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 -1394, Establishing Library Facilities Fees. Staff Recommendation: Open the public hearing to receive testimony on Ordinance No. 238, adding Article III t o 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 -1394, establishing library facilities fees. (PUBLIC HEARING IS CLOSED) Ms. Lindley gave the staff report. Councilmember Evans indicated that he reviewed the video tapes from the October 1 meeting and was "up to speed" on this matter. Jean Tufts, 4138 Santa Rosa Drive, addressed the Council in support of the Library Facilities Fee Ordinance. Roseann Mikos, 14371 E. Council in opposition to Cambridge the Tanner Street, addressed the and Shenkel project. She said the area where Tanner and Shenkel are going to locate is a riparian area. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to continue this item to November 5, 1997. The motion carried by unanimous voice vote. 9.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 -1394, Establishing Library Facilities Fees. Staff Recommendation: Open the public hearing to receive testimony on Ordinance No. 238, adding Article III t o 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 -1394, establishing library facilities fees. (PUBLIC HEARING IS CLOSED) Ms. Lindley gave the staff report. Councilmember Evans indicated that he reviewed the video tapes from the October 1 meeting and was "up to speed" on this matter. Jean Tufts, 4138 Santa Rosa Drive, addressed the Council in support of the Library Facilities Fee Ordinance. Minutes of the City Council Moorpark, California Page 5 October 15, 1997 Mary Crockford, 7189 Walnut Canyon Road, addressed the Council in support of the Library Facilities Fee Ordinance. Isabel Noel, 14838 Reedly, addressed the Council as the Friends of the Library Treasurer. She indicated her support for the ordinance. Roger Mortara, 6239 Seabiscuit Place, addressed the Council in support of the ordinance. Susan Middleton, 4832 Maureen Lane, addressed the Council in support of the ordinance. Dee Zinke, 24005 Ventura Blvd., Calabasas, addressed the Council as the Building Industry Association representative. She said that they support the concept of a library fee generally but said the Building Industry Association could not support a fee that provides a service above and beyond what residents are normally enjoying. She urged the Council to consider working through some of the outstanding issues prior to adoption of an ordinance. In response to Mayor Hunter, Ms. Zinke stated that the Building Industry Association is a lobbying group. Harvey Plaks, 4957 Mira Sol Drive, said he agrees with the Friends of the Library regarding the need for more library funding but he said he was in opposition to the proposed ordinance. He said the money that would be realized from the ordinance would not be sufficient for the library's needs. Eloise Brown, 13193 Annette Street, said she does not believe there will be any additional money generated from the ordinance for at least a year and a half. She said the Council should have the County join with the City in this process. Amy Bauer, 4706 Maureen Lane, addressed the Council in favor of the Library Facilities Fee Ordinance. Roseann Mikos, 14371 E. Cambridge Street, addressed the Council in support of the ordinance. Bruce Thomas, 12494 Beachgrove Court, asked the Council to look at other sources of funding for a library facilities fee. He requested deferment of the item until such time as a community wide discussion could be held. Gerald Goldstein, 11932 Los Angeles Avenue, addressed the Council regarding various funding methods for the library. A letter from the Moorpark Chamber of Commerce was read Minutes of the City Council Moorpark, California Page 6 October 15, 1997 into the record by the City Clerk. The letter indicated opposition to the proposed Library Facilities Fee Ordinance and stated that other ways should be found to fund the library. In response to Councilmember Teasley, Mr. Kueny said that approximately two years would pass before the City would see revenue from this ordinance except for commercial and industrial projects which would probably occur upon the effectiveness of the resolution. He indicated that approximately 2,000 square feet would result in about $20,000 to the City. Councilmember Teasley said she reviewed the tape of the October 1 meeting several times and noted that nowhere on the tape did she vote against libraries. She said there is no doubt about the need for libraries or for additional funding for them. She said although she was attacked in the local newspaper, her idea of a general citywide funding mechanism for libraries which would provide consistent funds to them was never mentioned in the newspapers. She asked that the Council consider an exemption for low, very low and moderate income residences. Councilmember Evans stated that this Library Facilities Fee was not a panacea for the library but he said he felt this ordinance should be passed and other avenues and opportunities also explored. Councilmember Perez expressed his concerns about affordable housing for young families and that increasing fees could sometimes put those homes out of reach. He said the County should be a "player" in any enhancements to facilities. In response to Council question, Mr. Kueny explained that certain projects can be excluded through a developer agreement when the project comes to the Council, should that be the Council's desire. Councilmember Perez indicated he could support the ordinance but will not support the resolution as he felt the Council needed to brainstorm some other fund - raising ideas for the library. Mr. Rozelle read the ordinance title. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to waive further reading and read the ordinance title only. The motion carried by roll call vote 4 -1, Councilmember Teasley dissenting. MOTION: Mayor Hunter moved and Councilmember Wozniak seconded a motion to adopt Ordinance No. 238 as read. The motion carried Minutes of the City Council Moorpark, California Page 7 October 15, 1997 by roll call vote 3 -2, Councilmembers Perez and Teasley dissenting. AT THIS POINT in the meeting a recess was declared. The time was 9:35 p.m. The Council reconvened at 10:05 p.m. 9.B. Staff Presentation Relative to Preparation for Winter Storms ( "El Nino "). Mr. Reynolds gave the staff report. Lina Santelli, 15549 Doris Court, addressed the Council and indicated that in recent years the slope on Collins Drive had been undermined. She said there are other erosion problems in the Campus Hills area. She said she would like to procure sand bags in the next couple of weeks in preparation for rain. She said many sand bags will be needed. CONSENSUS: By Consensus the Council determined to refer to the Public Works Facilities and Solid Waste Committee the drafting of a policy for providing and budgeting for sand bags. Mayor Hunter requested a Emergency Management Plan that the various County preparation be invited to meeting in November. He contact numbers should generator. Dox item from staff rec for the City. He also agencies involved in address the Council at further indicated that be placed on the apping the requested emergency the first emergency character CONSENSUS: By consensus the Council determined to direct that a full page of the newsletter be dedicated to preparation for winter storms and emergency preparedness. 9.D. Consider Commercial Planned Development Permit No. 89 -1 Minor Modification No. 7 and Commercial Planned Development Permit No. 89 -2 Minor Modification No. 14, Modification of the Approved Sign Program for Mission Bell Plaza, Located at the Northwest Corner of Los Angeles Avenue and Park Lane (AAA Floodlight) for the Existing K -mart Signs. Staff Recommendation: Approve resolution No. 97 -1395 approving revisions. Mr. Miller gave the staff report. Councilmember Evans because of what he sign. indicated he could not support approval felt to be the inappropriate size of the MOTION: Councilmember Perez moved and Councilmember Teasley seconded a motion to adopt Resolution No. 97 -1395 approving Minutes of the City Council Moorpark, California Page 8 October 15, 1997 revisions to the approved sign program for Mission Bell Plaza. The motion carried by voice vote 4 -1, Councilmember Evans dissenting. 9.E. Consider Approval of Minor Modification No. 1 to Major Modification No. 1 to Development Plan No. 318 on the Application of Kavlico Corp. For Construction of a Canopy at 14401 E. Los Angeles Avenue (APN 513 -0 -010 -210) . Staff Recommendation: Adopt Resolution No. 97 -1396, approving Minor Modification No. 1 to Development Plan Permit No. 318 Major Modification No. 1. Mr. Miller gave the staff report. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 97 -1396 approving Minor Modification No. 1 to Development Plan Permit No. 318 Major Modification No. 1. The motion carried by unanimous voice vote. AT THIS POINT in the meeting Mr. Rozzelle left. 9.F. Consider Resolution No. 97- Rescinding Resolution Nos. 90 -634 and 90 -706 Pertaining to Permit Only Parking Restrictions in the Vicinity of Moorpark College and Establishing Revised Permit Only Parking Restrictions for Said Area. Staff Recommendation: Adopt Resolution No. 97- rescinding Resolution Nos. 90 -634 and 90 -706 pertaining to Permit Only Parking restrictions in the vicinity of Moorpark College and establishing revised Permit Only Parking restrictions for said area. Mr. Gilbert gave the staff report. He indicated that the staff recommendation was amended to request that Council direct staff that prior to adopting the resolution a letter be sent to the owners and residents of the areas affected, advising them of the City's intent to establish revised and in some cases, new parking restrictions. Councilmember Teasley referenced the difficulty that real estate brokers will have in helping a client sell their home if there is no parking allowed on the street. She indicated she did not know what the solution is but that some consideration needed to be given to the problem. Mr. Gilbert suggested using temporary permits as a possible solution. In response, Councilmember Teasley indicated that a seller wanted the most exposure they could get for their home and since it is listed in the multiple listing service, they would not always know when and what agents were bringing clients to view their home. Minutes of the City Council Moorpark, California Page 9 October 15, 1997 CONSENSUS: By consensus the Council determined to refer this item to the Transportation and Streets Committee for consideration of a solution regarding the parking of real estate brokers on the street. 9.G. Consider Report on Regulations to a Street Vendor License. Staff Recommendation: Receive and file the report. Mr. Miller gave the staff report. Councilmember Evans stated his concern over the need to license ice cream truck vendors. In response to Councilmember Teasley, Mr. Miller said the City's vendor permit requires every vendor to have identification and a copy of their permit. He said the Code Enforcement Department and Police Department can be called should a vendor not have the proper identification. Councilmember Teasley suggested that the next Economic Development meeting be scheduled with the Chamber for a discussion of this item. CONSENSUS: By consensus the Council determined to refer this item to the Economic Development Committee. Councilmember Perez requested that Cpt. Lewis inform the Council of any vendor incidents. He said that would be helpful to the Council. 9.H. Consider Soil Export Request and Alternate Haul Route (Paul Burns) . Staff Recommendation: 1) Approve the request of Burns Pacific Construction to haul approximately 50,000 cubic yards of earth from his property at (APN 500- 00 -334- 22) to a yet to be determined site, subject to the Grading /Encroachment Permit Conditions outlined in the staff report; and 2) Approve the haul route alternates as shown in Exhibit 1. Mr. Lovett gave the staff report. Mayor Hunter explained his concern that the dirt is being proposed to be hauled to an as yet unidentified location. He indicated that when there was a place to stockpile the soil, he would be willing to address the issue. Councilmember Evans agreed with Mayor Hunter. CONSENSUS: By consensus the Council determined to table this item. 9.I. Consider request to Import and Stockpile 20,000 Cubic Yards of Soil to Tentative Tract 5053 (Pacific Communities) . Minutes of the City Council Moorpark, California Page 10 October 15, 1997 Staff Recommendation: 1) Approve the import and stockpile of 20,000 yards of soil as shown in the staff report, subject to and as revised pursuant to the conditions contained herein, and 2) Approve the reduction of surety to exclude export and import costs. Mr. Lovett gave the staff report. He indicated that the following conditions had been added to the conditions which the applicant must comply: 1) Both the borrow and stockpile sites shall be watered regularly to eliminate dust. 2) Trucks shall be watered or covered to eliminate dust. 3) Transportation of soil shall be coordinated with all other hauling activities along the haul route to the satisfaction of the City. Frequency of trucks leaving the site shall not exceed one every three minutes. 4) Alternate haul routes must be approved by the City. 5) Modification to the Import Plan, route or conditions may be required by the City and shall be complied with by the applicant at any time during the hauling and stockpiling process, as deemed necessary. 6) Applicant shall submit an initial inspection deposit of $1,500 for City staff to monitor the hauling operations. Elaine Freeman, 2509 E. Thousand Oaks Blvd, addressed the Council representing the applicant. In response to Councilmember Evans, she said that the applicant is willing to wait for completion of the current hauling operation to the new school site. Lloyd Laycook, 2 North Lake Avenue, Pasadena, said this is designated as stockpile. He said there is no provision for export. He said should they receive a request for dirt for Poindexter Park, they have it available. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to approve the staff recommendation's to approve the import and stockpile of 20,000 yards of soil as shown in the stock pile plan, subject to and as revised with the conditions in the staff report dated October 8, 1997 and to include the conditions stated by Mr. Lovett this evening; to approve the reduction of surety to exclude export and import costs. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 11 October 15, 1997 10. CONSENT CALENDAR MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to pull the minutes of the Regular City Council meeting of October 1, 1997 and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of the Special City Council Meeting of October 1, 1997. Consider Approval of Minutes of the Regular City Council Meeting of September 3, 1997. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of Warrant Register Manual Warrants Regular Warrants 34846- 34848, 34850 -34856 34857 -34872 - D 34901 -34978 - V Fiscal Year 1997/98 $ 17,575.02 $ 55,956.96 $ 252,624.40 C. Discussion of Truck Traffic on New Los Angeles Avenue and Los Angeles Avenue (State Route 118). Staff Recommendation: Direct staff to report back to the City Council in April 1998 with a report discussing the effectiveness of the signing programs discussed in the staff report. D. Consider Street Name Approval of White Sage Road for Special Devices, Inc. (SDI). Staff Recommendation: Approve the use of the name "White Sage Road" for the street serving the SDI project. The following item was pulled from the Consent Calendar for individual consideration. A. Consider Approval of Minutes of the Regular City Council Meetina of October 1, 1997. Councilmember Perez indicated he would speak to the City Clerk regarding a revision to the minutes. 11. ORDINANCES: A. Second Reading of 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 Ms. Hare read the title. Minutes of the City Council Moorpark, California Page 12 October 15, 1997 MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to waive further reading and read the ordinance title only. The motion carried by unanimous voice vote. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to declare Ordinance No. 239 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 Perez moved and Councilmember Wozniak seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 11:24 p.m. ATTEST: o�''5-t rnff Lisa Pope, Deputy City Clerk