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HomeMy WebLinkAboutMIN 1998 0121 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California January 21, 1998 A Regular Meeting of the City Council of the City of Moorpark was held on January 21, 1998 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 7:17 p.m. 2. INVOCATION: Father John Love, Holy Cross Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Captain Mike Lewis led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Evans, Perez, Teasley, Wozniak and Mayor Hunter. 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; John Nowak, Assistant City Manager; Captain Mike Lewis, Sheriff's Department; Don Reynolds, Administrative Services Manager; Dirk Lovett, Assistant City Engineer; John Brand, Management Analyst; Nancy Burns, Management Analyst; Deborah Traffenstedt, City Clerk; and Lisa Pope, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Recognition of new City employees- Kirk Evans, John Nowak and Deborah Traffenstedt. Mayor Hunter introduced Kirk Evans, John Nowak and Deborah Traffenstedt. B. Recognition of the Senior Citizens Knitting Group for donating Knitted Hats. Mayor Hunter presented Certificates of Recognition to the Senior Citizens Knitting Group, "Mad Hatters ". C. City Manager's Monthly Report Mr. Kueny provided a recap of the budget. He stated there would be a report from the Budget and Finance Committee Minutes of the City Council Moorpark, California Page 2 RN 7. a January 21, 1998 regarding recommendations due to the loss of Parks Maintenance Fees. He stated he would report on suggestions on how to reorganize staff due to the reduction in funds. He discussed the status of Public Works and Community Development projects. PUBLIC COMMENT: Gerald Goldstein, 11932 Los Angeles Avenue, discussed the police services in the City. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: By consensus, the Council determined to continue Item 10.A. to February 4, 1998. AT THIS POINT in the meeting, a recess was declared to convene the Redevelopment Agency. The time was 7 :42 p.m. The Council reconvened at 7 :48 p.m. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Evans requested placing an item on the agenda regarding the high rate of colon cancer in the Mountain Meadows area. Mr. Kueny stated it could be placed on the next agenda with information from the County Health Department. Mayor Hunter requested a status report regarding the Bollinger property. PUBLIC HEARINGS: A. 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 (Public Hearing Closed on December 3, 1997). Staff Recommendation: Adopt Resolution No. 98 -1425 Certifying the Final Environmental Impact Report as completed in compliance with the California Environmental Quality Act, for the Hidden Creek Ranch Specific Plan Project (Specific Plan No. 8 /Specific Plan No. 93 -1, General Plan Amendment No. 93 -1, and Zone Change No. 93 -3), on the application of Hidden Creek Ranch Partners, L.P. Councilmember Teasley left at 7 :51 p.m. Mr. Miller gave the staff report. In response to Councilmember Wozniak, Mr. Miller stated the head meteorologist from the Air Pollution Control District Minutes of the City Council Moorpark, California Page 3 January 21, 1998 had indicated that typical wind speeds at the Simi Valley Landfill were 8 -12 miles per hour (mph) and in late afternoons did exceed 15 mph. He stated lowering the standard to 15 mph would result in frequently ceasing grading operations in the afternoons. CONSENSUS: By consensus the Council determined to amend Mitigation Measure lA - Air Quality, Short -Term Construction Measures to increase from 2 to 4 times daily, the number of times watering shall occur. CONSENSUS: By consensus the Council determined to amend Mitigation Measure 1B - Air Quality, Short -Term Construction Measures to reduce the speed of high winds during which clearing, grading, earth moving or excavation must cease from 20 mph to 15 mph. CONSENSUS: By consensus, the Council determined to amend Mitigation Measure 3C - Air Quality, Short -Term Construction Measures to include language that the required street sweeping shall be done at the frequency determined necessary by the City. In response to Mayor Hunter, Ms. Kane stated that if the applicant was the owner of the property, they would have control and ability to transfer property, even if the applicant did not own the mineral rights. In response to Mayor Hunter, Mr. Miller stated that there are two existing oil wells that would need to be purchased and abandoned and that there were no active oil site wells in the area designated for public open space, but that there were wells in areas designated for private open space. He stated Messenger had ownership of the property but the mineral and certain surface rights were under other ownership. Ms. Kane stated the mineral rights and certain surface rights had been conveyed to third parties and Messenger did not have control that would interfere with those rights. Any agency that sought to condemn surface and mineral rights would have to pay for them. Mayor Hunter discussed the process of certifying the Environmental Impact Report (EIR), the requirement for a statement of overriding considerations, and the development agreement public hearing process. In response to Couj fence and wall plan Tentative Map, and restrict access to biological habitat areas. zcilmember Evans, Mr. Miller stated a is required prior to the first Master that the intent of the plan was to oil and gas facilities and protect and aesthetic values of open space Minutes of the City Council Moorpark, California Page 4 January 21, 1998 In response to Councilmember Evans, Mr. Miller stated that building materials would not have a direct environmental impact and, therefore, were not addressed at the time of certification of the EIR. He further explained that the traffic study included analysis of offsite and onsite impacts. In response to Councilmember Perez, Mr. Miller stated that staff had reviewed all information received subsequent to public review of the Draft EIR and that no new impacts or significant information was identified that had not been previously discussed in the EIR. CONSENSUS: By consensus, the Council determined to revise Transportation and Circulation mitigation measure No. 5 to change SR -118 east to SR -118 west. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 98 -1425 certifying the Final Environmental Impact Report. Mr. Miller suggested amending Section 2 of the resolution to read as follows: "SECTION 2. The City Council hereby finds that all of the issues raised at the public hearings and in correspondence and other supplemental information provided to the Council have been considered, and the City Council further finds that the Hidden Creek Ranch Specific Plan Project EIR adequately addresses all issues raised and no new significant environmental impact has been identified nor has there been identified any feasible project alternative or mitigation measure considerably different from others previously analyzed which would clearly lessen the environmental impacts of the project. All additional correspondence received to this time shall hereby be directed to be incorporated as an additional appendix to Volume VI of the EIR." Councilmember Perez and Councilmember Wozniak accepted the amendment. The motion carried 3 -1, Mayor Hunter dissenting and Councilmember Teasley absent. AT THIS POINT in the meeting a recess was declared. The time was 8:37 p.m. The Council reconvened at 8:56 p.m. with all Councilmembers present including Councilmember Teasley. B. Consider Conditional Use Permit No. 98 -1 (Marketplace Partners) for a retail establishment (Rite Aid Drug Store) for off site alcoholic beverage sales in Commercial Planned Development No. 95 -1, Major Modification No. 1, located at Minutes of the City Council Moorpark, California Page 5 the northwest corner of Spring (APN 500 -0- 350 -545 and 555). Resolution No. 98- approving 98 -1. January 21, 1998 Road and Tierra Rejada Road Staff Recommendation: Adopt Conditional Use Permit No. Mr. Miller gave the staff report. Terri Pflaumer, 3906 Willow Creek Lane, addressed the Council in opposition to the project. She stated her concerns regarding the sale of alcohol and indicated that she did not feel a drug store was appropriate at that location. Michael Rue, 13522 Newport Avenue, Tustin, addressed the Council as a representative for Marketplace Partners 3, L.P. He stated the square footage of the liquor area was approximately 5 percent of the store and Liquor sales at other Rite Aid stores constituted 2 percent of sales. In response to Councilmember Wozniak, Mr. Rue stated he did not recall seeing advertisements for liquor on the outside of the store. In response to Mayor Hunter, Mr. Miller stated the sign program was subject to the approval of the Director of Community Development and must comply with the requirements of the code. Mayor Hunter requested a box item related to the sign code. In response to Councilmember Evans, Mr. Rue stated it was important to Rite Aid to sell alcohol and there was an expectation that liquor is available for purchase at such stores. He stated there was not yet a specific sign program for the project. In response to Councilmember Evans, Shawn Ginter, representing Rite Aid, stated it would be difficult to exclude alcohol sales. He stated it was advertised for all stores in the state, that there were less than six stores that did not sell liquor, and that the general sign package for Rite Aid included liquor. He also indicated that Rite Aid had a strong campaign within the store to train employees regarding the sales of alcohol to minors. He stated proper identification was required to purchase tobacco and alcohol. Ed Wheelis, 14092 Hargrove Court, addressed the Council in opposition to the project. He expressed his concerns regarding the sale of alcohol. He stated the community has stressed that they did not want alcohol sales at that location. Minutes of the City Council Moorpark, California Page 6 January 21, 1998 Robin Harkul, 14077 Hargrove Court, addressed the Council in opposition to the project. David Cragoe, 13356 Quail Summit Road, addressed the Council in opposition to the sale of alcohol. Marjorie Blye, 4122 Oakcliff Drive, addressed the Council in opposition to the sale of alcohol and tobacco. Mr. Rue stated the criteria in the ordinance regarding alcohol sales had been met. In response to Councilmember Evans, Captain Lewis stated loitering had increased at the Lucky /Sav -on Center, but that there had been no increase in purchasing violations or alcohol related crimes due to the liquor sales. Councilmember Wozniak commented that the sale of liquor would have an adverse impact on the surrounding community. Councilmember Perez commented that he did not see a problem with the proposed use but would not want to see alcohol related signage. Councilmember Teasley commented that gasoline sales and alcohol sales for this site have always been a concern. Mayor Hunter suggested tabling the item to bring back a revised resolution for denial. Councilmember Evans suggested referencing the increased loitering, as indicated by Captain Lewis, as a reason for denial. MOTION: Mayor Hunter moved and Councilmember Wozniak seconded a motion to direct staff to prepare a resolution denying the application. The motion carried 4 -1, Councilmember Perez dissenting. 10. PRESENTATIONS /ACTION /DISCUSSION: B. Consider the Elm Tree Study and Approve the Hazard Rating Scale and Maintenance Program. Staff Recommendation: 1) Adopt the use of the hazard rating scale contained in the Study for future evaluation of the elm trees on Cornett and McFadden Avenues; and 2) Direct staff to determine the level of interest on the part of the affected property owners regarding a Ballot to assess them for future maintenance costs; and report back to the City Council with the results on March 4, 1998. Ms. Lindley gave the staff report. Minutes of the City Council Moorpark, California Page 7 January 21, 1998 Rick Averill, 425 Cornett Avenue, addressed the Council in opposition to removing the trees on the street and any neighborhood assessment. Ron Dow, 422 McFadden Avenue, indicated he was willing to work with the City to keep the trees and stated the property owners were willing to maintain the trees on their own and would go along with hazard rating scale. Nancy Runkle, 393 McFadden Avenue, addressed the Council in opposition to all residents being assessed for maintenance of the elm trees. She discussed the past City maintenance of the trees. Ms. Traffenstedt stated there was one written statement card received from Florence Butler, 320 Dorothy, indicating opposition but supporting the preservation of the trees. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to approve staff recommendation No. 1 and to maintain trees per usual City standards. The motion carried by unanimous voice vote. C. Consider Directional Signs for High Street. Staff Recommendation: 1) Approve the sign copy as set forth in the report, 2) Direct staff to proceed with seeking Caltrans approval, and 3) Direct staff to order and install the subject signs upon receipt of Caltrans approval. Mr. Gilbert gave the staff report. Councilmember Teasley suggested "Downtown Moorpark" be used on the signs instead of "Old Town ". MOTION: Councilmember Perez moved and Councilmember Evans seconded a motion to approve the staff recommendation. The motion carried by unanimous voice vote. D. Consider Appointment of an Ad Hoc Committee to review General Plan Amendment and affordable housing proposals relating to General Plan Amendment No. 97 -03 (Security Capital Pacific Trust) located south of Los Angeles Avenue and west of Moorpark Avenue and neighboring properties to the east. Staff Recommendation: Appoint an Ad Hoc Committee. MOTION: Mayor Hunter moved and Councilmember Wozniak seconded a motion to appoint Councilmember Perez and Councilmember Evans to serve on the Ad Hoc Committee. The motion carried by unanimous voice vote. E. Consider Selection of an Engineer to Prepare the Design for Minutes of the City Council Moorpark, California Page 8 January 21, 1998 a Project to Widen Casey Road. Staff Recommendation: Direct the City Engineer (Charles Abbott Associates) to prepare the design for the Casey Road widening project and authorize the City Manager to execute necessary contract documents. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to bring the item back on February 4, 1998, for appropriation of funds. The motion carried by unanimous voice vote. F. Consideration of Obtaining HOME Funds for Fiscal Year 1998- 99 for Down Payment Assistance for First Time Buyers. Staff Recommendation: Authorize staff as follows: 1) To apply for HOME funds in the amount of $112,500, to be used as Down Payment Assistance for Low and Very Low Income First Time Home Buyers; and 2) To request the Moorpark Redevelopment Agency authorize a twenty -five per cent match of the total funding for this program, up to $37,500, in Redevelopment Agency Tax Increment Set -Aside funds if the above application is successful, with match funds to be calculated first from a sweat equity program, if such a program becomes available in the City. Ms. Burns gave the staff report. MOTION: Councilmember Perez moved and Councilmember Evans seconded a motion to approve the staff recommendation. The motion carried by unanimous voice vote. G. Consider Award of Bid for the Procurement of One Transit Bus to A -Z Sales of Colton, California. Staff Recommendation: Make a finding that A -Z Bus Sales is the most qualified responsible bidder, accept their bid, and authorize staff to complete procurement, not to exceed $100,000, for one twenty -four passenger bus. Mr. Brand gave the staff report. Gerald Goldstein, 11932 Los Angeles Avenue, suggested competitive bids be obtained. MOTION Councilmember Evans moved and Councilmember Wozniak seconded a motion to approve the staff recor- inendation. The motion carried by unanimous roll call vote. H. Consider the Termination of the Assessment District Rebate Program. Staff Recommendation: Terminate the Assessment District Rebate Program, defined in Section 2, Policy 2, of Resolution No. 97 -1417, to be effective in Fiscal Year 1997/98. Minutes of the City Council Moorpark, California Page 9 January 21, 1998 Mr. Reynolds gave the staff report. Eloise Brown, 13193 Annette Street, discussed the interpretation of Proposition 218 on whether the assessment district existed or not and suggested that the City should continue the refund since the assessment is still being collected. In response to Mayor Hunter, Mr. Reynolds discussed the rebate period in which refunds could be requested. In response to Councilmember Perez, Mr. Kueny stated the City could refund assessments for one more year. MOTION: Councilmember Wozniak moved and Mayor Hunter seconded a motion to approve the staff recommendation. The motion failed by roll call vote 2 -3, Councilmembers Evans, Perez and Teasley dissenting. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to continue the rebate program for one more year. The motion carried by roll call vote 4 -1, Councilmember Wozniak dissenting. 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to pull Items ll.E, 11.F., ll.I., ll.L., and 11.M. 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 Meetinq of December 10, 1997. Consider Approval of Minutes of the Special City Council Meetinq of December 17, 1997. Consider Approval of Minutes of the Regular City Council Meeting of December 17, 1997. Consider Approval of Minutes of the Special City Council Meeting of January 7, 1998. Consider Approval of Minutes of the Regular City Council Meeting of January 7, 1998. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of Warrant Register of January 7, 1998. Fiscal Year 1997/98 Minutes of the City Council Moorpark, California Page 10 Manual Warrants Voided Warrants 40356 - 40362 40344 January 21, 1998 $ 58,475.34 (85.67) Regular Warrants 40363 - 40403 - D $ 366,396.97 40404 - 40478 - V $ 530,561.78 Staff Recommendation: Approve the Warrant Registers. C. Consider Approval of Warrant Register of January 21, 1998. Fiscal Year 1997/98 Manual Warrants 40479 - 40484 $ 22,702.56 Regular Warrants 40485 - 40512 - D $ 38,183.84 40513 - 40589 - V $114,566.10 Staff Recommendation: Approve the Warrant Registers. D. Exoneration of Bonds - (Mission Bell - Phase II). Staff Recommendation: 1) Accept the grading and site improvements for Mission Bell Plaza - Phase II as complete, and 2) Authorize the City Clerk to release the Drainage, Performance and Grading security deposits. G. Consider 1) Selection of a Consultant to Perform Certain Assessment Engineering Services; and 2) Adoption of a Resolution Initiating the Proceedings Related to the Levy of Assessments for AD 84 -2 for Fiscal Year 1998/99. Staff Recommendation: 1) Authorize the City Engineer to prepare the FY 98/99 Engineer's Reports for AD 84 -2 for a fee not to exceed $6,600 including reimbursable expenses and 2) Adopt Resolution No. 98- authorizing preparation of an Engineer's Report for the Moorpark Lighting and Landscaping Maintenance Assessment District (AD 84 -2) for FY 1998/99. H. Consider the Report Entitled "Accounting of Fund Information as Required by Section 66006 of the California Government Code for Fiscal Year 1996/1997" and Receive and File Said Report. Staff Recommendation: Consider the report entitled "Accounting of Fund Information as Required by Section 66006 of the California Government Code for Fiscal Year 1996/1997" and receive and file said report J. Consider Transportation and Streets Committee Recommendation to Decline to Install Bus Shelters. Staff Recommendation: Accept the recommendation of the City Transportation and Streets Committee not to install bus shelters at this time. K. Consider Resolution No. 98 -1427, Amendina the General Fund Minutes of the City Council Moorpark, California Page 11 January 21, 1998 (100) Park Improvement Fund (212) in the 1997/98 Budget for the Construction of a Fence at Arroyo Vista Community Park. Staff Recommendation: Adopt Resolution No. 98 -1427, amending the 1997/98 Budget for the construction of a wooden fence at AVCP. The following items were pulled from the Consent Calendar for individual consideration: E. Consider Authorization to Solicit Proposals for Aerial Photographic Services. Staff Recommendation: Authorize staff to solicit bids for Aerial Photographic services. Councilmember Wozniak discussed the budget constraints and stated he did not feel aerial photographs were necessary at the present time. In response to Councilmember Teasley, Mr. Gilbert stated the aerial photographs were Frequently used. CONSENSUS: By consensus the Council determined to direct staff to reconsider with the FY 98/99 Budget. F. Consider Notice of Completion for Inlet Modification Project. 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 and completion of all labor compliance documentation. Mayor Hunter asked for a box item regarding inlets with 7- 71/2 threshold and costs. MOTION: Mayor Hunter moved and Councilmember Perez seconded a motion to approve the staff recommendation. The motion carried by unanimous voice vote. I. Reconsider Upgrades for the City's Cable Broadcast System. Staff Recommendation: Adopt Resolution No. 98- , appropriating $16,540 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 $19,550. In response to Councilmember Evans, Mr. Reynolds explained that the system was at full capacity, required manual operation to add and delete messages, and was not upgradable. MOTION: Councilmember Evans moved and Councilmember Perez Minutes of the City Council Moorpark, California Page 12 January 21, 1998 seconded a motion to approve the staff recommendation. The motion carried by unanimous roll call vote. L. Consider Resolution No. 98 -1429, Amending the 1997/98 Budget by Appropriating Additional Monies from the General Fund (Fund 100) for Costs Associated with Camp Moorpark. Staff Recommendation: Adopt Resolution No. 98- amending the 1997/98 budget by appropriating additional general fund monies (Fund 100) for cost associated with Camp Moorpark. In response to Councilmember Evans, Ms. Lindley explained that staff levels were increased over the ratio of campers causing lower than expected revenue. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to approve the staff recommendation. The motion carried by unanimous roll call vote. M. Community Development Block Grant (CDBG) Status Report. Staff Recommendation: Receive and file report. Mayor Hunter commented that the importance of the City's planned projects should be emphasized to ensure federal funding. MOTION: Mayor Hunter moved and Councilmember Wozniak seconded a motion to approve the staff recommendation. The motion carried by unanimous voice vote. 11. ORDINANCES: None. 12. CLOSED SESSION: A closed session was not held. 13. ADJOURNMENT: MOTION: Councilmember Perez moved seconded a motion to adjourn. The n voice vote. The time was 10:47 p.m. ATTEST: Deborah S. Traffenste , City Clerk and Councilmember Wozniak rhion carried by unanimous