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HomeMy WebLinkAboutMIN 1998 0218 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California February 18, 1998 A Regular Meeting of the City Council of the City of Moorpark was held on February 18, 1998, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Pro Tem Teasley called the meeting to order at 7:15 p.m. 2. INVOCATION: Pastor Steven Day, Community Christian Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Councilmember Evans led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Evans, Perez, and Wozniak and Mayor Pro Tem Teasley. Absent: Mayor Hunter Staff Present: Steven Kueny, City Manager; John Nowak, Assistant 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; Dirk Lovett, Assistant City Engineer; Don Reynolds, Administrative Services Manager; John Brand, Senior Management Analyst; Nancy Burns, Senior Management Analyst; Deborah Traffenstedt, City Clerk; and Lisa Pope, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Recognition of Linda Plaks as outgoing Chamber of Commerce President. Mayor Pro Tem Teasley recognized Linda Plaks for her work as Chamber of Commerce President for the past year. — Minutes of the City Council Moorpark, California Page 2 February 18, 1998 B. Recognition of the Moorpark Chamber of Commerce "Citizen of the Year" award recipient, Bruce Thomas and the "Lifetime Service" award winners Rick and Linnea Brecunier. Mayor Pro Tem Teasley presented Bruce Thomas a certificate of appreciation in recognition of his "Citizen of the Year" award, and presented both Rick and Linnea Brecunier with a certificate of appreciation in recognition of their "Lifetime Service" award. C. Recognition of the VCTC Calendar Contest Winners, Alena Campagna, Erin Cyffka, Stephen Malmo, and Iris Morales. Mayor Pro Tem Teasley presented each of the contest winners in attendance, Alena Campagna, Erin Cyffka, and Stephen Malmo, with a certificate of appreciation. D. Introduction of two new police employees. Mayor Pro Tem Teasley introduced Deputy Julie Smith and Senior Deputy Kory Martinelli. E. City Manager's Monthly report. Mr. Kueny indicated that the focus for the monthly report for February was on Public Works, and he introduced Mr. Gilbert, who described the responsibilities of the Public Works Department and current projects. Councilmember Evans thanked the Public Works staff for their speed and efficiency in handling storm related repairs. 6. PUBLIC COMMENT: Scott Green, 11304 Broadview Drive, Moorpark, spoke to the Council regarding his interest in promoting a July 4th celebration on High Street. He indicated that he would report back to the Council regarding interest and support. Joe Ahearn, 484 East Los Angeles Avenue, Moorpark, spoke on behalf of the Chamber of Commerce. His concern was that voters had not been told that if Measure P on the November ballot did not pass there would be cutbacks to the Senior Center, fireworks and other amenities. He stated that the budget cuts should be related to parks and requested that the Minutes of the City Council Moorpark, California Page 3 February 18, 1998 Council not discourage business by implementing a business tax. Gerald Goldstein, 11932 Los Angeles Avenue, Moorpark, discussed his concerns regarding the closed session meeting on February 4, 1998. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: None. 9. PUBLIC HEARINGS: A. Consider Proposals For Community Development Block Grant (CDBG) Funds ($194,648) for FY 1998/99. Staff Recommendation: 1) Open public hearing and receive public testimony for consideration in the appropriation of FY 1998/99 CDBG funds estimated to total $194,648; close public hearing; 2) Refer this matter to the Budget and Finance Committee for review, directing the Committee to present a recommendation to Council for final appropriations at the regular meeting scheduled for March 18, 1998; and 3) Continue the public hearing to the Council meeting of March 18, 1998. Ms. Burns gave the staff report. Mr. Kueny clarified that the recommendation should be amended to clarify that the intent is to take public testimony, close the public hearing, and then continue the item to March 18, 1998. Mayor Pro Tem Teasley opened the public hearing. Wendy Fisch, 505 Poli Street, Ventura, addressed the Council representing the Senior Nutrition Program. She gave an overview of the program, indicated the current number of seniors served as approximately 310, and requested the Council's support for their request for funding. Carmen Ramerez, 132 South A Street, Oxnard, addressed the Council representing the Channel Counties Legal Services Association. She gave an overview of the clients served, the types of legal services typically provided, and requested CDBG funding. She indicated that the number of Minutes of the City Council Moorpark, California Page 4 February 18, 1998 low - income clients served in Moorpark in a year would number approximately 50. Pat Flanigan, Ventura County Library Services Agency, addressed the Council representing the Ventura County Adult Literary Program. She requested $5,000 for a Site Coordinator position. She indicated that the Program is currently serving 30 adults in Moorpark. Larry McGuire, 2064 Eastman Avenue, Suite 104, Ventura, addressed the Council representing the Coalition to End Domestic and Sexual Violence and requested CDBG funding. He indicated that they had assisted over 70 households in Moorpark during the past year. Pamela Schuman, 1841 Knoll Drive, Ventura, addressed the Council representing the Long Term Care Ombudsman Program and requested CDBG funding of $3,500 to be used to recruit and train volunteers. She indicated they receive 200 -300 telephone calls a month from family members regarding concerns related to placement. Anthoula Randopoulos, 362 Garland Street, Oxnard, addressed the Council representing Food Share and requested CDBG funding. She indicated that they currently feed over 1,800 persons in Moorpark and discussed a proposed "kids cafe." George Powell, 2238 Marshall Avenue, Simi Valley, addressed the Council representing the Safety Exchange of California. He stated that the requested CDBG funds would be used to teach seniors safe driving. Mary Ann Decaon, addressed the Council as Program Coordinator for Catholic Charities. She stated that Catholic Charities works with the poor in Moorpark to provide food, clothing, household needs, rent assistance, and utilities funding assistance, and the requested funds would be used to help pay salaries. Gretchen Bradvica, 1305 Del Norte Road, Camarillo, addressed the Council representing Interface and Court Appointed Special Advocates (CASA), and requested $5,000 to be used to train and supervise volunteers. Vickie Smith, 801 Poinsettia Place, Ventura, addressed the Council representing Behavioral Health Emergency Shelter Program, and requested CDBG funding. She stated Minutes of the City Council Moorpark, California Page 5 February 18, 1998 that they provide food and shelter for the homeless and work with Catholic Charities. Bill Parker, no address provided, representing Entrepreneur Academy, addressed the Council and stated that this was his first request for CDBG funding. He also stated that the Entrepreneur Academy helps people start a new business or improve an existing business, which then creates jobs for lower income persons. Cindy Lovering, 1,000 Cadway Street, Santa Paula, and 155 Granada Street, Camarillo, representing Palmer Drug Abuse Program, addressed the Council and requested CDBG funds. She stated that they have requested the funds to provide a weekly support group for parents of teenagers in Moorpark with drug abuse problems. Jim Gilmer, 829 North A Street, Oxnard, addressed the Council representing City Impact, and stated that they are in partnership with Community Christian Church in Moorpark. He also stated that their focus is on preservation of the family and that their request is for matching funds. Councilmember Evans commented that because the staff recommendation was that the funding request proposals be referred to the Budget and Finance Committee for review and recommendation, he wanted to comment that he thought the important needs are food, housing, shelter, and then training so that the poor don't stay in that situation forever. He further stated that he thought Catholic Charities has done a dynamic job and that the Council should continue to support their funding request, and that he did not support legal and drivers education services, and any duplicate services. Mayor Pro Tem Teasley commented that Catholic Charities meets needs in many ways and that she also supported teaching people how to read and get jobs so that they could get off welfare. Mayor Pro Tem Teasley closed the public hearing. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to: Refer this matter to the Budget and Finance Committee for review, directing the Committee to present a recommendation to the Council for final appropriations at the regular meeting scheduled for March 18, Minutes of the City Council Moorpark, California Page 6 February 18, 1998 1998; and continue the item to the Council meeting of March 18, 1998. The motion carried by voice vote 4 -0, Mayor Hunter absent for the vote. B. Reallocation of Community Development Block Grant (CDBG) Funds ($157,522) from FY 1995/96 and FY 1996/97. Staff Recommendation: 1) Open public hearing and receive public testimony for consideration in the reallocation of CDBG funds estimated to total $157,522 from FY 1995/96 and FY 1996/97; 2) Refer this matter to the Budget and Finance Committee to consider at its March 4, 1998 meeting, directing the Committee to present a recommendation to Council for final reallocations at the regular Council meeting scheduled from March 18, 1998; and, 3) Continue the public hearing to the Council meeting of March 18, 1998, to allow consideration of other potential projects. Ms. Burns gave the staff report. Mayor Pro Tem Teasley opened and closed the public hearing. In response to Councilmember Perez, Ms. Lindley discussed the Senior Center Expansion Project and explained why additional funds were required to bring the facilities current with Americans with Disabilities Act (ADA) requirements. Mr. Kueny stated that staff would also present other alternatives to the Budget and Finance Committee for use of the unspent funds, such as affordable housing. Mr. Kueny gave an example that a lot could be purchased for construction of a house affordable to a lower- income family. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to refer this matter to the Budget and Finance Committee to consider at its March 4, 1998 meeting, directing the Committee to present a recommendation to Council for final reallocations at the regular Council meeting scheduled from March 18, 1998; and to continue the item to the Council meeting of March 18, 1998, to allow consideration of other potential projects. The motion carried by voice vote 4 -0, Mayor Hunter absent for the vote. Minutes of the City Council Moorpark, California Page 7 February 18, 1998 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Ventura Regional Sanitation District Property Tax Transfer Proposal. Staff Recommendation: Staff recommends that the City Council indicate its support for the conceptual proposal to transfer property tax from the Ventura Regional Sanitation District to the cities and the funding plan for regional solid waste activities. Additionally, direct staff to communicate the Council's support to the other involved jurisdictions. Mary Lindley gave the staff report. In response to Mayor Pro Tem Teasley, Ms. Lindley stated that the transfer of property tax requires the approval of the Ventura Regional Sanitation District Board and the County Board of Supervisors. In response to Councilmember Wozniak, Ms. Lindley stated that there were no limitations on what the funds are to be used for, since they would be part of the General Fund. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to support the conceptual proposal to transfer property tax from the Ventura Regional Sanitation District to the cities and the funding plan for regional solid waste activities and directed staff to communicate the Council's support to the other involved jurisdictions. The motion carried by voice vote 4 -0, Mayor Hunter absent for the vote. B. Consider Denial of Minor Modification No. 13 to CPD 89 -2 Located at the Northwest Corner of Los Angeles Avenue and Park Lane (301 W. Los Angeles Avenue) on the Application of Shell Oil Company for the Installation of Providing a Curb -Cut on Los Angeles Avenue for Access to the Shell Service Station in the Commercial Planned Development Zone (APN 511- 08 -45). Staff Recommendation: Adopt Resolution No. 98- denying the applicant's request for additional access from the Shell Service Station and Car Wash to Los Angles Avenue. Mr. Miller informed the Council that the applicant had requested a 30 -day continuance. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to continue the item to March 18, 1998. The motion carried by voice vote 4 -0, Mayor Hunter absent for the vote. Minutes of the City Council Moorpark, California Page 8 11. CONSENT CALENDAR: February 18, 1998 MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to pull items 11.L. and 11.K. and adopt the balance of the Consent Calendar. The motion carried by voice vote 4 -0, Mayor Hunter absent for the vote. A. Consider Approval of Minutes of the Regular City Council Meeting of January 21, 1998. Consider Approval of Minutes of the Special City Council Meetinq of January 21, 1998. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of Warrant Register of February 18 1998. Fiscal Year 1997/98 Manual Warrants 40709 - 40715 $ 21,683.03 Regular Warrants 40716 - 40740 - D $ 40,215.54 40741 - 40826 - V $ 208,190.71 Staff Recommendation: Approve the Warrant Register. C. Consider Resolution No. 98 -1436, Amending the FY 1997/98 Budget by Appropriating Funds from Assessment District 84 -2 (Fund 210) for Landscape Maintenance. Staff Recommendation: Adopt Resolution No. 98 -1436, amending the FY 1997/98 budget by appropriating additional funds from the Assessment District 84 -2 (Fund 210) for landscape maintenance. D. Consider Authorization to Advertise for Receipt of Bids for the 1998 Slurry Seal Project. Staff Recommendation: Staff recommends that the City Council take the following actions: 1) Approve the Plans and Specifications for the subject project; and, 2) Authorize staff to advertise for receipt of bids for the construction of the subject project. E. Consider Adoption of Resolution No. 98 -1437 Approving a 457 Deferred Compensation Plan and Trust with the ICMA Retirement Corporation. Staff Recommendation: Adopt Resolution No. 98 -1437 approving a 457 Deferred Compensation Plan and Trust with the International City /County Management Association Retirement Corporation Minutes of the City Council Moorpark, California Page 9 February 18, 1998 and authorize the City Manager to sign the Administrative Services Agreement with ICMA -RC. F. Consider Approval of a Cooperative Agreement Between the City and Ventura County Waterworks District No. 1 Regarding the Construction of Water and Sewer Utilities Within the Spring Road Bridge. Staff Recommendation: Authorize the Mayor to execute the subject Cooperative Agreement between the City and Ventura County Waterworks District No. 1, subject to final language approval by the City Attorney and the City Manager. G. Consider Resolution No. 98 -1438 To Enable the Enforcement H. of the California Vehicle Code in the Privately Owned Parking Facilities Located at 323 Science Drive (Gibbs & Associates - IPD 96 -1) . Staff Recommendation: Adopt Resolution No. 98 -1438 declaring certain privately owned parking facilities to be subject to certain provisions of the California Vehicle Code. Consider Resolution No. 98 -1439 Confirming the Intent of the City to Accept Certain Surplus State Highway Right - of -Way Situated Within Tierra Rejada Road Immediately West of the Route 23 Freeway. Staff Recommendation: Adopt Resolution No. 98 -1439 confirming the intent of the City to accept certain surplus State highway right -of -way situated within Tierra Rejada Road immediately west of the Route 23 freeway. I. Exoneration of Bonds - Parcel Map 4961 Mission Bell Plaza - Phase II. Staff Recommendation: 1) Accept the monumentation for Parcel Map 4961, Mission Bell Plaza - Phase II as complete; and, 2) Authorize the City Clerk to release the monumentation security deposit. J. Reduction of Bonds - (Tract 4986 - West America) . Staff Recommendation: Authorize the City Clerk to reduce the street and drainage bonds as set forth in Table 1 of the report. M. Consider Minor Modification No. 2 to Planned Development 859 (Marlborough Moorpark) on the Application of Jeffrey L. Bowden to Install a Wrought Iron Fence Along the Side and Rear Property Lines of Lot 105 and to Allow Lots 100- 104 and Lot 106 of Tract 3096 -3 to Install Identical Wrought Iron Fencing Along the West Side of Spring Road Between Peach Hill Road and Tierra Rejada Road (APN 507- 0- 122 -085 to 145). Staff Recommendation: Adopt Resolution No. 98 -1440 approving Planned Development Permit No. 859 Minor Modification No. 2. Minutes of the City Council Moorpark, California Page 10 February 18, 1998 N. Consider Approval of Minor Modification No. 6 to Planned Development Permit No. 966 (Barcenas) for a Proposed Outside Seating Area at Lalo's Restaurant, Located in the Moorpark Plaza Shopping Center at the Southeast Corner of New Los Angeles Avenue and Spring Road, 530 New Los Angeles Avenue 4109 (APN 512 -0- 150 -700). Staff Recommendation: Adopt Resolution No. 98 -1441 approving Planned Development Permit No. 966 Minor Modification No. 6. The following items were pulled from the Consent Calendar for individual consideration: L. Reauest for Authorization to Initiate General Plan Amendment and Zone Change Applications Under Preapplication No. 97 -1 by West Pointe Homes to Amend the General Plan Land Use Map on a Portion of 350 Acres From RL (Rural Low) to Low Density and Zone Change From RE -5AC to Accommodate the Building of 350 Homes Using Densit Transfer in Accordance with Section 17.38.060 of the Municipal Code on Property Located West of Walnut Canyon Road and Approximately ;-� Mile North of Casey Road (Assessor Parcel Nos. 500 -0- 260 -025, -045, -075, -085; and 500 -0- 270 -050, -090, -140, -155, and -165 - site of Vesting Tentative Tract Map No. 4620). Staff Recommendation: Continue this item to March 4, 1998. AT THIS POINT in the meeting, Councilmember Evans left. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to continue this item to March 4, 1998. The motion carried by voice vote 3 -0, Mayor Hunter and Councilmember Evans absent for the vote. K. 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 the Northwest Corner of Spring Road and Tierra Rejada Road (APN 500 -0- 350 -545 and 555). Staff Recommendation: Adopt Resolution No. 98 -1442 approving Conditional Use Permit No. 98 -1. AT THIS POINT in the meeting, Councilmember Evans returned. In response to Councilmember Wozniak, Mr. Miller confirmed that a condition of approval had been added to require that the alcohol beverage display and sales area Minutes of the City Council Moorpark, California Page 11 February 18, 1998 not occupy more than 500 square feet of the gross floor area of the store. Councilmember Wozniak commented that the threat of litigation required approval of the Conditional Use Permit and that spending money to fight a lawsuit that the City Attorney says the City could not win would be a poor use of taxpayers funds. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to Adopt Resolution No. 98 -1442 approving Conditional Use Permit No. 98 -1. The motion carried by voice vote 4 -0, Mayor Hunter absent for the vote. 12. ORDINANCES: None. 13. CLOSED SESSION: None was held. 14. ADJOURNMENT: MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to adjourn. The motion carried by voice vote 4 -0, Mayor Hunter absent for the vote. The time was 9:39 p.m. Debbie Rodge s Teasley, M yor Pro Tem ATTEST: Deborah S. Traffens edt, City Clerk