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HomeMy WebLinkAboutMIN 1998 0819 CC REG1 1 I MINUTES OF THE CITY COUNCIL Moorpark, California AUGUST 19, 1998 A Regular Meeting of the City Council of the City of Moorpark was held on August 19, 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. INNVOCATION: Pastor Randy Baker of Shiloh Community Church led the Invocation. 3. PLEDGE OF ALLEGIANCE: Eagle Scouts Erik and Steen Garnett led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Wozniak. Absent: Mayor Hunter Evans, Perez, Teasley, and Staff Present: Steven Kueny, City Manager; John Nowak, Assistant City Manager; Cheryl Kane, City Attorney; Nelson Miller, Director of Community Development; Wayne Loftus, Planning Manager; John Libiez, Principal Planner; Dirk Lovett, City Engineer; Kirk Evans, Public Works Senior Management Analyst; Graham Mitchell, MRA Senior Management Analyst; Mike Lewis, Sheriff's Department; Deborah Traffenstedt, City Clerk and Lisa Pope, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Recognition of Eagle Scouts Erik and Steen Garnett Mayor Pro Tem Teasley presented certificates of recognition to Erik and Steen Garnett for their achievement of Eagle Scout. I 1 LJ Minutes of the City Council Moorpark, California Page 2 August 19, 1998 B. City Manager's Monthly Report Mr. Kueny introduced City Clerk Deborah Traffenstedt to discuss the City Clerk's Department. Ms. Traffenstedt provided an overview of the activities and functions of the City Clerk's Department. 6. PUBLIC COMMENT: Dr. Roseann Mikos, 14371 E. Cambridge Street, discussed the SOAR petition and certification of signatures. She stated the City Clerk's Department had told her that the petitions were not being submitted for signature verification because the Council did not want the measure on the ballot. Mr. Kueny stated the City Clerk's Department did not make that statement alleged by Ms. Mikos. In response to Councilmember Wozniak, Ms. Traffenstedt indicated that she had contacted the County and they had not started the signature verification but had assured her that it would be done within the 30 day time limit. She discussed the time period for arguments. Councilmember Evans asked the procedure for initiative petitions. Ms. Kane explained the petition procedure as required by law. In response to Councilmember Evans, Ms. Kane explained that there is no limitation imposed regarding the timeline for prima facie review of a petition. Councilmember Evans stated the City Clerk had done a good job regarding the petitions. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: By consensus, the Council determined to remove Item 10.D. from the agenda and move Items 12.A. and 12.B. to follow Item 8. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Pro Tem Teasley requested a report on the City's policy regarding wild animals in residential neighborhoods. Mr. Kueny stated an item could be placed on the next regular meeting agenda. Minutes of the City Council Moorpark, California Page 3 August 19, 1998 12. ORDINANCES: A. Consider Adoption of Ordinance No. 244, Adopting Specific Plan 8 Zoning Designation for Properties Within the Hidden Creek Ranch Specific Plan, (Specific Plan 8 /Specific Plan 93 -1); and, Adopting Development Standards for Said Properties; and, Amending Title 17, Zoning, of the Municipal Code of the City of Moorpark to Place Such Regulations as Chapter 17.70 Within Said Code; and, Amending the Zoning Map of the City of Moorpark to Reflect the Land Use Designation Contained Within the Specific Plan. Staff Recommendation: Adopt Ordinance No. 244 on second reading. Mayor Pro Tem Teasley excused herself from the dais and turned the meeting over to Councilmember Perez. The time was 7 :35 p.m. Ms. Kane read the ordinance title. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to waive further reading. The motion carried 3 -0 Mayor Hunter and Mayor Pro Tem Teasley absent. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to declare Ordinance No. 244 adopted on second reading. The motion carried 3 -0, Mayor Hunter and Mayor Pro Tem Teasley absent. B. Consider Adoption of Ordinance No. 246, Adopting a Development Agreement Between the City of Moorpark and Hidden Creek Ranch Partners (Messenger Investment Company) Related to the Development of Specific Plan No. 8: Hidden Creek Ranch. Staff Recommendation: Adopt on Second Reading Ordinance No. 246. Ms. Kane read the ordinance title. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to waive further reading. The motion carried 3 -0 Mayor Hunter and Mayor Pro Tem Teasley absent. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to declare Ordinance No. 246 adopted on second reading. The motion carried 3 -0, Mayor Hunter and Mayor Pro Tem Teasley absent. Councilmember Evans discussed the benefits to the City from the Hidden Creek Ranch, such as the removal of 4,000 trucks per day from Los Angeles Avenue. He stated he was proud of the Council for their action regarding the project. Minutes of the City Council Moorpark, California Page 4 August 19, 1998 Mayor Pro Tem Teasley returned to the dais. The time was 7 :40 p.m. 9. PUBLIC HEARINGS: A. Consider Adopting Two Resolutions Providing for the Enforcement of the California Vehicle Code Upon Certain Areas Within Tracts 4973, 4974, 4975, 4976, 4977 and 4980 (Lennar Communities and Carlsberg) Generally Described as Follows: A) Future Private Residential Streets; and B) Future Commercial Parking Facilities. Staff Recommendation: 1) Adopt Resolution No. 98 -1498 finding all of the future private roads to be constructed within Tracts 4975, 4976, 4977 and 4980 (Lennar Communities), shall be subject to the provisions of the CVC; and 2) Adopt Resolution No. 98 -1499 making the CVC applicable to certain private roads and parking facilities upon the future commercial /industrial property within Tracts 4973 and 4974 (Carlsberg). Mr. Evans gave the staff report. In response to Mayor Pro Tem Teasley, Captain Lewis discussed the means by which law enforcement and fire protection would attain access to private roads. Mayor Pro Tem Teasley opened the public hearing. There were no speakers. Mayor Pro Tem Teasley closed the public hearing. MOTION: Councilmember Perez moved and Councilmember Evans seconded a motion to adopt Resolution No. 98 -1498 finding all of the future private roads to be constructed within Tracts 4975, 4976, 4977 and 4980 (Lennar Communities) , shall be subject to the provisions of the CVC; and adopt Resolution No. 98 -1499 making the CVC applicable to certain private roads and parking facilities upon the future commercial /industrial property within Tract 4973 and 4974 (Carlsberg). The motion carried by voice vote 4 -0, Mayor Hunter absent. 1 Minutes of the City Council Moorpark, California Page 5 August 19, 1998 Mr. Evans gave the staff report. Mayor Pro Tem Teasley opened the public hearing. There were no speakers. Mayor Pro Tem Teasley closed the public hearing. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to 1) Adopt Resolution No. 98 -1500 finding all of the future private roads and parking facilities upon the future commercial property to be constructed at 3941 and 3987 Spring Road (Marketplace Properties - Commercial Planned Development Permit No. 95 -1), shall be subject to the provisions of the CVC; 2) Adopt Resolution No. 98 -1501 making the CVC applicable to certain private roads and parking facilities upon the commercial property located at 484 East Los Angeles Avenue (Topa Management Company); and 3) Adopt Resolution No. 98 -1502 making the CVC applicable to certain private roads and parking facilities upon the multi - family residential property within Tract 4637 Phase I (Mountain Meadows Villaggio Homeowners Association). The motion carried by voice vote 4 -0, Mayor Hunter absent. 1 B. Consider Adopting Three Resolutions Providing for the Enforcement of the California Vehicle Code in Privately Owned Streets and Parking Facilities Located at 3941 and 3987 Spring Road (Marketplace Properties - Commercial Planned Development Permit No. 95 -1), 484 East Los Angeles Avenue (Topa Management Company), and Tract 4637 Phase I (Mountain Meadows Villaggio Homeowners Association). Staff Recommendation: 1) Adopt Resolution No. 98 -1500 finding all of the future private roads and parking facilities upon the future commercial property to be constructed at 3941 and 3987 Spring Road (Marketplace Properties - Commercial Planned Development Permit No. 95 -1), shall be subject to the provisions of the CVC; 2) Adopt Resolution No. 98 -1501 making the CVC applicable to certain private roads and parking facilities upon the commercial property located at 484 East Los Angeles Avenue (Topa Management Company); and 3) Adopt Resolution No. 98 -1502 making the CVC applicable to certain private roads and parking facilities upon the multi - family residential property within Tract 4637 Phase I (Mountain Meadows Villaggio Homeowners Association). Mr. Evans gave the staff report. Mayor Pro Tem Teasley opened the public hearing. There were no speakers. Mayor Pro Tem Teasley closed the public hearing. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to 1) Adopt Resolution No. 98 -1500 finding all of the future private roads and parking facilities upon the future commercial property to be constructed at 3941 and 3987 Spring Road (Marketplace Properties - Commercial Planned Development Permit No. 95 -1), shall be subject to the provisions of the CVC; 2) Adopt Resolution No. 98 -1501 making the CVC applicable to certain private roads and parking facilities upon the commercial property located at 484 East Los Angeles Avenue (Topa Management Company); and 3) Adopt Resolution No. 98 -1502 making the CVC applicable to certain private roads and parking facilities upon the multi - family residential property within Tract 4637 Phase I (Mountain Meadows Villaggio Homeowners Association). The motion carried by voice vote 4 -0, Mayor Hunter absent. 1 1 1 Minutes of the City Council Moorpark, California Page 6 August 19, 1998 C. Consider Conditional Use Permit No. 98 -2 to Establish a Nightclub with Live Entertainment Provided by a Band with Dancing and to Commence Use of an Existing Bar at the E1 Rodeo Restaurant, Located on the North Side of High Street Between Moorpark Avenue and Walnut Street at 79, 83, and 95 E. High Street. Staff Recommendation: 1) Open the public hearing and take testimony; 2) Close the hearing; and 3) Either affirm Planning Commission denial of Conditional Use Permit 98 -2, or adopt Resolution No. 98 -1503 subject to the conditions of approval included in the resolution. Mr. Loftus gave the staff report. Mayor Pro Tem Teasley opened the public hearing. Jose Espinoza, 538 Sierra Avenue, addressed the Council as a partner of the El Rodeo Restaurant. He summarized the concerns raised at the Planning Commission hearing including security, hours of operation, noise, police opinion of request, capacity, emergency exits, nightclub activities, and parking and explained the means by which those problems would be rectified. In response to Councilmember Wozniak, Mr. Espinoza stated only beer and wine would be served in the restaurant and bar. In response to Councilmember Evans, Mr. Espinoza stated there would be four security guards and the Police Department would be providing requirements for security. He stated they were requesting live entertainment on Friday, Saturday and Sunday nights. In response to Councilmember Perez, Mr. Espinoza stated alcohol would be served in the restaurant and at the bar. Leidy Topete, 12571/2 Walnut Canyon Road, addressed the Council in support of the application. Bob Holm, 151 -N Rancho Road, Thousand Oaks, discussed the problems with drinking and alcohol abuse at the Whistle Stop Bar. He stated E1 Rodeo had complied with Health Codes and had established themselves well. He indicated his support for the application. Councilmember Perez discussed the differences between the Whistle Stop and El Rodeo. Minutes of the City Council Moorpark, California Page 7 August 19, 1998 William Whitaker, 179 E. High Street, addressed the Council as a member of the Downtown Specific Plan Advisory Committee and a property owner on High Street. He read the vision statement from the Downtown Specific Plan. He stated the presence of a night club would undermine the vision. He urged Council to support the Planning Commission denial of the application. Eloise Brown, 13193 Annette Street, explained the reason the application was labeled as a request to establish a night club was due to the Zoning Code definition not the actual intended use. She stated the application was consistent with the Downtown Specific Plan and urged Council to support the application. Scott Green, 33 E. High Street, addressed the Council as a High Street business owner and urged Council to support the application. Anna Bell Sessler, 4968 Mira Sol Drive, addressed the Council in support of the application. She recommended a closing time of midnight. Warren Tetz, 3935 Willow Creek Lane, addressed the Council as a representative of the Chamber of Commerce. He discussed the Planning Commission hearings. He stated the application was for a family restaurant with a beer and wine license. He urged Council to support the application. David Aguirre, 689 `A' New Los Angeles Avenue, provided a history of the changes on High Street. He discussed the Planning Commission hearings regarding the application. He stated the Downtown area needed to be promoted to attract business on High Street and to encourage current businesses to make improvements. He urged Council to support the application. Dr. Roseann Mikos, 14371 East Cambridge Street, addressed the Council in favor of the application. She stated that her opinion was that E1 Rodeo's request was consistent with the Downtown Specific Plan. She urged Council to approve the application. Linda Bredemann, 45 E. High Street, stated her concerns with parking, loitering, and potential problems with intoxicated patrons. She requested clarification on the plans for the project. Minutes of the City Council Moorpark, California Page 8 August 19, 1998 Ms. Traffenstedt indicated that three written statement cards were received in opposition to the application indicating concerns with noise, parking and disturbance to nearby residents. The names of those submitting written statement cards are as follows: Linda Bredman, Moorpark Rosie LeProhon, Moorpark Drew LeProhon, Moorpark In response to Mayor Pro Tem Teasley, Mr. Loftus discussed the floor plans and indicated there would be doors restricting access from one end of the facility to the other. Mayor Pro Tem Teasley stated that her review of the plans indicated there was a definite division of the three areas and closure would occur between the eating area and dance area. In response to Councilmember Evans, Mr. Loftus stated the most recent written communication from the applicant had requested that live entertainment be permitted on weekends and holidays. Mayor Pro Tem Teasley closed the public hearing. Councilmember Wozniak discussed his concern about patrons drinking outside of the facility. He asked if there was a necessity to add more security. Captain Lewis stated the manager or on -site representative would be responsible for security activity on the property, including outside drinking. He stated Mr. Espinoza understood that and he would call the Police if he was uncomfortable confronting patrons. Councilmember Wozniak suggested amending the language of Condition 25 to require four security guards on nights when there would be live entertainment. He suggested review of the Conditional Use Permit after a six -month period. Councilmember Perez supported amending Condition 25 and stated a six -month review was unreasonable. In response to Councilmember Evans, Mr. Miller stated that the Red River Restaurant had obtained permits prior to the change to the Zoning Code requiring a conditional use permit for alcohol sales; therefore, there was no requirement for security. 1 Minutes of the City Council Moorpark, California Page 9 August 19, 1998 In response to Councilmember Evans, Captain Lewis stated the calls for service at Red River had been minimal. Councilmember Evans stated he was comfortable with Condition 25 but suggested defining security guard, and suggested a closing time of midnight. In response to Mayor Pro Tem Teasley, Mr. Miller stated the applicant was waiting for approval on the conditional use permit prior to pulling permits for all improvements on the site. Mayor Pro Tem Teasley stated Condition 6 required a closing time of midnight. In response to Councilmember Wozniak, Captain Lewis stated security guards must be California State licensed. MOTION: Councilmember Perez moved and Councilmember Evans seconded a motion to adopt Resolution No. 98 -1503 with Condition 25 amended to read as follows: "After occupancy the applicant shall provide California State Licensed security guards, at such times as required by the Police Department." The motion carried by voice vote 4 -0, Mayor Hunter absent. AT THIS POINT in the meeting, the Council took a recess. The time was 8:58 p.m. The Council reconvened at 9:23 p.m. with all Councilmembers present except Mayor Hunter. CONSENSUS: By consensus, the Council determined to move Item 9.D. to follow Item 10.K. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Resolution No. 98 -1504 Establishing a Bus Loading Zone on Peach Hill Road West of Science Drive. Staff 98 -1504 establishing Road west of Science Recommendation: Adopt Resolution No. a Bus Only Loading Zone on Peach Hill Drive. Mr. Kueny gave the staff report. MOTION: Councilmember Perez moved and Councilmember Evans seconded a motion to adopt Resolution No. 98 -1504 establishing a Bus Only Loading Zone on Peach Hill Road west of Science Drive. The motion carried by voice vote 4 -0, Mayor Hunter absent. Minutes of the City Council Moorpark, California Page 10 August 19, 1998 B. Discussion of Possible Redesign of the Spring Road Bridge Reconstruction Project. Staff Recommendation: 1) Direct staff not to redesign the project; 2) Direct staff to proceed with making certain minor changes to plans and specifications as described in the staff report; and 3) Direct staff to present the revised plans and specifications to the City Council for approval and authorization to advertise, consistent with the schedule set forth in the staff report. Mr. Kueny gave the staff report. In response to Mayor Pro Tem Teasley, Mr. Kueny explained that redesign of the bridge was studied because it had been a possibility that a design without a center support would cost less. He stated the estimates had determined that the redesign would not cost less; therefore, the recommendation was to proceed and go back out to bid with the original design. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to 1) Direct staff not to redesign the project; 2) Direct staff to proceed with making certain minor changes to plans and specifications as described in the staff report; and 3) Direct staff to present the revised plans and specifications to the City Council for approval and authorization to advertise, consistent with the schedule set forth in the staff report. The motion carried by voice vote 4- 0, Mayor Hunter absent. C. Consider Selection of a Consultant to Prepare a Finance /Implementation Plan for the Gabbert Canyon /Walnut Canyon Channels Deficiency Study. Staff Recommendation: 1) Approve the selection of Robert Bein, William Frost & Associates (RBF) to prepare a Finance /Implementation Plan for the Walnut Canyon / Gabbert Canyon drainage improvements, for a fee not to exceed $18,200; 2) Direct staff to work with the developers of properties within these watersheds to obtain advance payment of the fees required for the subject study and authorize the City Manager to sign an Agreement with one or more of those developers to provide for a credit in favor of said developer(s), against future payment of development fees or improvement costs; and 3) Authorize the City Manager to execute with RBF for said services, upon receipt of said advance payment. Mr. Miller gave the staff report. Minutes of the City Council Moorpark, California Page 11 August 19, 1998 D. Consider Request From Carlsberg for Early Construction of the Park in the Carlsberg Specific Plan. Staff Recommendation: 1) Approve Carlsberg's request to amend the Settlement Agreement allowing them to proceed early with the construction of park in the Carlsberg Specific Plan; 2) Confirm that the developer shall assume the cost of fully maintaining the improved park through the occupancy of the 227th dwelling unit, at which time the City will be asked to formally accept the park; 3) Confirm that developer, as specified in the Settlement Agreement, will continue to assume maintenance cost for the park for one full year after the City's acceptance; and 4) Defer a decision on the funding mechanism for the park until the Budget and Finance Committee has concluded its evaluation of park maintenance options, but prior to the approval of the RPD. Item 10.D. was removed from the agenda. E. Consider Food and Beverage Machines in City Parks. Parks and Recreation Commission and Staff Recommendation: Approve the placement of a beverage vending machine at Peach Hill Park, at the location specified, for a period of one year, and authorize the City Manager to offer and sign a contract as outlined in the agenda report. Mr. Kueny gave the staff report. In response to Mayor Pro Tem Teasley, Mr. Kueny stated a request had been submitted requesting placement of vending machines at Peach Hill Park, which was the location for the Adult Softball Leagues. In response to Councilmember Perez, Mr. Kueny stated the agreement would address the use of electricity, which would be at the expense of the vendor. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to 1) approve the selection of Robert Bein, William Frost & Associates (RBF) to prepare a Finance /Implementation Plan for the Walnut Canyon /Gabbert Canyon drainage improvements, for a fee not to exceed $18,200; 2) Direct staff to work with the developers of properties within these watersheds to obtain advance payment of the fees required for the subject study and authorize the City Manager to sign an Agreement with one or more of those developers to provide for a credit in favor of said developer(s), against future payment of development fees or improvement costs; and 3) Authorize the City Manager to execute with RBF for said services, upon receipt of said advance payment. The motion carried by voice vote 4 -0, Mayor Hunter absent. D. Consider Request From Carlsberg for Early Construction of the Park in the Carlsberg Specific Plan. Staff Recommendation: 1) Approve Carlsberg's request to amend the Settlement Agreement allowing them to proceed early with the construction of park in the Carlsberg Specific Plan; 2) Confirm that the developer shall assume the cost of fully maintaining the improved park through the occupancy of the 227th dwelling unit, at which time the City will be asked to formally accept the park; 3) Confirm that developer, as specified in the Settlement Agreement, will continue to assume maintenance cost for the park for one full year after the City's acceptance; and 4) Defer a decision on the funding mechanism for the park until the Budget and Finance Committee has concluded its evaluation of park maintenance options, but prior to the approval of the RPD. Item 10.D. was removed from the agenda. E. Consider Food and Beverage Machines in City Parks. Parks and Recreation Commission and Staff Recommendation: Approve the placement of a beverage vending machine at Peach Hill Park, at the location specified, for a period of one year, and authorize the City Manager to offer and sign a contract as outlined in the agenda report. Mr. Kueny gave the staff report. In response to Mayor Pro Tem Teasley, Mr. Kueny stated a request had been submitted requesting placement of vending machines at Peach Hill Park, which was the location for the Adult Softball Leagues. In response to Councilmember Perez, Mr. Kueny stated the agreement would address the use of electricity, which would be at the expense of the vendor. Minutes of the City Council Moorpark, California Page 12 August 19, 1998 Councilmember Perez stated his concern about the lack of consumers and that the return to the City may not be worth the effort. He discussed the potential for vandalism and loitering. Councilmember Evans indicated his support for the request if the City's costs were paid. MOTION: Councilmember Perez moved and Councilmember Evans seconded a motion to approve the placement of a beverage vending machine at Peach Hill Park, at the location specified, for a period of one year, and authorize the City Manager to offer and sign a contract as outlined in the agenda report. The motion carried by voice vote 4 -0, Mayor Hunter absent. F. Consider Request for a Two Year Time Extension for Vesting Tentative Tract Map No. 4260 on the Application of West Pointe Homes 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: Adopt Resolution No. 98 -1505 approving a two year time extension of Vesting Tentative Tract Map No. 4620, to expire on January 9, 2001. Councilmember Evans left the dais at 9:38 p.m. due to the potential for a conflict of interest. Mr. Miller gave the staff report. In response to Councilmember Perez, Mr. Miller stated the statute would allow various time extensions to be considered other than two years. Vincent Daly, 4053 E. Thousand Oaks Blvd., Thousand Oaks, addressed the Council as a representative of West Pointe Homes. He urged Council to approve the request. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 98 -1505 approving a two year time extension of Vesting Tentative Tract Map No. 4620, to expire on January 9, 2001. The motion carried by voice vote 3 -0, Mayor Hunter and Councilmember Evans absent. Councilmember Evans returned to the dais at 9:41 p.m. G. Consider Permit Processes and Streamlining for Businesses. Staff Recommendation: Direct staff as deemed appropriate. Mr. Miller gave the staff report. Minutes of the City Council Moorpark, California Page 13 August 19, 1998 Councilmember Evans stated he had asked for the item to come forward so that information could be provided to the public. Mayor Pro Tem Teasley stated that an educational program is necessary including providing written pamphlets on the permit process and streamlining. Councilmember Perez requested a report on how the Housing Rehabilitation Program and Code Enforcement processes will be streamlined. H. Consider Joint City Council /Planning Commission Workshop for Introduction of Draft Environmental Impact Report and Draft Proposed Specific Plan No. 2 (Morri son- Fount ainwood- Agoura). Staff Recommendation: Direct staff as deemed appropriate. Mr. Miller gave the staff report. Mr. Kueny recommended conducting the workshop in September and indicated that September 30 was another possible meeting date. CONSENSUS: By consensus the Council determined to schedule a Joint City Council /Planning Commission Workshop for September 23, 1998, at 7 :00 p.m. I. Notice of Public Participation in Cable Television Franchise Renewal Process for Entertainment Express Limited and TeleCommunications, Inc. Of Ventura County. Staff Recommendation: Approve the public participation process for the TCI of Ventura County and Entertainment Express Limited franchise reviews and authorize staff to provide public notice of same. Mr. Nowak gave the staff report. Councilmember Evans stated the service provided by Entertainment Express was inconsistent and poor quality. In response to Councilmember Evans, Mr. Nowak stated the Entertainment Express franchise would expire in June 1999. He stated the purpose of the extension was to allow Entertainment Express the opportunity to sell the franchise, for which they would be required to submit a proposal to the City by June 1999. He stated the service issues have been discussed with the owners of Entertainment Express and they were working on improvements. Minutes of the City Council Moorpark, California Page 14 August 19, 1998 Mr. Kueny suggested postponing the item and appointing a Council ad hoc committee. Mr. Nowak stated it was necessary to start the public participation process. Mayor Pro Tem Teasley stated granting the extension would strengthen negotiations. In response to Mayor Pro Tem Teasley, Mr. Nowak stated Entertainment Express was required to submit a formal proposal regarding the sale of the business. He discussed the City's authority for not renewing the franchise. He stated Entertainment Express must act on the sale or present a renewal request by June 30, 1999. Mr. Kueny stated the City was not obligated to approve the one -year extension. He suggested the Council approve the schedule and create a Council ad hoc committee. CONSENSUS: By consensus, the Council appointed Councilmember Perez and Councilmember Evans to serve on the ad hoc committee. Councilmember Perez recommended notifying residents via J. Consider Appointment of a City Council Ad Hoc Committee to Prepare a Draft Development Agreement for GPA 97 -2 (A /B Properties). Staff Recommendation: Appoint City Council Ad Hoc Committee. Mr. Kueny gave the staff report. In response to Mayor Pro Tem Teasley, Mr. Kueny stated the requested amendment would change the zoning from Agricultural to Heavy Industrial. MOTION: Mayor Pro Tem Teasley moved and Councilmember Wozniak seconded a motion to appoint Councilmember Evans and Councilmember Perez to serve on the ad hoc committee. The motion carried by voice vote 4 -0, Mayor Hunter absent. K. Consider City Goals and Objectives for FY 1998 -99. Staff Recommendation: Discuss the proposed "Mission Statement, Goals and Objectives for FY 1998/99 ", make such modifications as it deems appropriate, and approve the document. homeowner's associations. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to approve the public participation process for the TCI of Ventura County and Entertainment Express Limited franchise reviews and authorize staff to provide public notice of same. The motion carried by voice vote 4 -0, Mayor Hunter absent. J. Consider Appointment of a City Council Ad Hoc Committee to Prepare a Draft Development Agreement for GPA 97 -2 (A /B Properties). Staff Recommendation: Appoint City Council Ad Hoc Committee. Mr. Kueny gave the staff report. In response to Mayor Pro Tem Teasley, Mr. Kueny stated the requested amendment would change the zoning from Agricultural to Heavy Industrial. MOTION: Mayor Pro Tem Teasley moved and Councilmember Wozniak seconded a motion to appoint Councilmember Evans and Councilmember Perez to serve on the ad hoc committee. The motion carried by voice vote 4 -0, Mayor Hunter absent. K. Consider City Goals and Objectives for FY 1998 -99. Staff Recommendation: Discuss the proposed "Mission Statement, Goals and Objectives for FY 1998/99 ", make such modifications as it deems appropriate, and approve the document. Minutes of the City Council Moorpark, California Page 15 Auaust 19, 1998 Mr. Kueny recommended continuing the item to September 23, 1998. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to continue Item 10.K. to September 23, 1998. The motion carried by voice vote 4 -0, Mayor Hunter absent. D. Consider General Plan Amendment No. 97 -1, to Amend the Land Use and Circulation Elements; Zone Change No. 97 -5, to Establish Zone Districts and Controlling Development Standards; and the Moorpark Downtown Specific Plan No. 95 -1, Which Includes Land Use and Zoning Maps, a Streetscape Beautification Program, Pedestrian and Traffic Circulation Improvements, Design Guidelines, Development Standards, and Implementation Programs to Guide Future Development (Continued From July 1, 1998) . Staff Recommendation: 1) Discuss issues and recommendations and provide direction to staff regarding any additional revisions to the Downtown Specific Plan; 2) Direct staff to prepare the Final Mitigated Negative Declaration and Mitigation Monitoring Program; 3) Direct staff to prepare a draft resolution approving the Mitigated Negative Declaration and Mitigation Monitoring Program, General Plan Amendment No. 97 -1 and the Downtown Specific Plan No. 95 -1, subject to incorporation of required revisions; and 4) Direct staff to prepare a draft ordinance approving Zone Change No. 97 -5. Mr. Miller gave the staff report. Ms. Traffenstedt announced that one written statement card had been received which suggested revisions to the plan. The name of the individual submitting a written statement card is as follows: Lori Rutter, Moorpark Councilmember Wozniak reviewed the Summary of Potential Issues for Discussion. In response to Councilmember Wozniak, Mr. Nowak stated the City Council Economic Development Committee had recommended hiring a consultant to review the adopted specific plan and develop an implementation plan to assist in marketing of High Street to attract businesses. Mr. Nowak the cost for such a consultant could be as much as $50,000. Mr. Miller stated the study was included in the Implementation Chapter of the Specific Plan. He explained that the recommendation would allow development of a more specific marketing plan. Minutes of the City Council Moorpark, California Page 16 Auqust 19, 1998 Councilmember Evans suggested the business and community leaders, working with a small budget, could promote the downtown area. Mayor Pro Tem Teasley stated the plan should be given to professional developers to determine if it was feasible. She supported the study but at a price less than $50,000. Mr. Kueny stated the Council could determine at a later time the full scope of implementing plan elements. In response to Councilmember Perez, Mr. Kueny stated the proposed mini - storage and recreational vehicle storage project by William Bromley would be a legal nonconforming use if the plan and the project are approved. Mr. Kueny stated the current application for the storage facility only includes half the site. He recommended leaving the entire property within the Downtown Specific Plan area. In response to Councilmember Wozniak, Mr. Miller explained Attachment 3 of the staff report, which shows uses to be made nonconforming. He stated several of the uses indicated as nonconforming are automotive related uses. In response to Mayor Pro Tem Teasley, Mr. Miller stated the vision for the plan was directed towards retail and office uses rather than service, such as automotive. In response to Councilmember Perez, Mr. Miller stated the plan recommended standing seam roofs as a development standard. He stated the Planning Commission had recommended corrugated metal roofs. Councilmember Perez suggested allowing both types of roofs. In response to Councilmember Evans, Mr. Miller stated the zoning of the property on the north west corner of High Street and Moorpark Avenue was currently General Commercial (C2) and would be zoned Old Town Commercial (OTC) in the Plan. He stated the current transmission shop would become a legal nonconforming use. Colin Valasquez, 601 Moorpark Avenue, suggested an overlay district be established to accomplish restricting specific uses. He stated he did not appreciate being downzoned and that the Council was sending a message to automotive businesses that they were not wanted. He stated there should be a study of economic impacts prior to down zoning a property. 1 1 1 Minutes of the City Council Moorpark, California Page 17 Auqust 19, 1998 In response to Councilmember Perez, Mr. Miller stated paint and body businesses may be allowed in the C2 zone with a conditional use permit. Mayor Pro Tem Teasley discussed changing the zoning of Mr. Valasquez' property and her concern regarding the impact when he tries to sell it with a non - conforming use. Councilmember Evans stated the property would ultimately increase in value if the Plan was implemented, based on the City's long -term vision. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to approve the staff recommendation as follows: Direct staff to prepare the Final Mitigated Negative Declaration and Mitigation Monitoring Program; direct staff to prepare a draft resolution approving the Mitigated Negative Declaration and Mitigation Monitoring Program, General Plan Amendment No. 97 -1 and the Downtown Specific Plan No. 95 -1, subject to incorporation of required revisions; direct staff to prepare a draft ordinance approving Zone Change No. 97 -5; and continue to October 7, 1998. The motion carried by voice vote 4- 0, Mayor Hunter absent. 11. CONSENT CALENDAR: MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to approve the Consent Calendar. The motion carried by roll call vote 4 -0, Mayor Hunter absent. A. Consider Approval of Minutes of the Regular City Council Meeting of Mav 6, 1998. Consider Approval of Minutes of the Adjourned City Council Meeting of May 27, 1998. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of Warrant Register of Auqust 5, 1998. Fiscal Year 1997/98 Regular Warrants 42132 - 42160 - D $ 324,993.16 42161 - 42197 - V $ 120,948.89 C. Consider Approval of Warrant Register of August 19, 1998. Fiscal Year 1997/98 Manual Warrants 42288 - 42295 $ 23,294.80 Minutes of the City Council Moorpark, California Page 18 August 19, 1998 Voided Warrants 42074 $ (1,006.80) Regular Warrants 42321 - 42350 - D $ 80,111.90 42351 - 42446 - V $ 47,015.93 D. Consider approval of Certificate of Acceptance for a Deed Conveying Campesina Park to the City. Staff Recommendation: Approve the Certificate of Acceptance for the subject Deed and direct the City Clerk to record said document. E. Consider Selection of a Consultant to Prepare a Finance /Implementation Plan for the Gabbert Canyon /Walnut Canyon Channels Deficiency Study. Staff Recommendation: Approve the selection of Robert Bein, William Frost & Associates to prepare a Finance /Implementation Plan for the Walnut Canyon / Gabbert Canyon drainage improvements. F. Consider Food and Beverage Machines in City Parks. Parks and Recreation Commission and Staff Recommendation: Approve the placement of a beverage vending machine at Peach Hill Park for a period of one year, and authorize the City Manager to offer and sign a contract as outlined in the agenda report. G. Consider Resolution No. 98 -1506 Establishing Miscellaneous City Fees and Charges and Procedures for Annual Review, and Rescinding Resolution No. 97 -1369. Staff Recommendation: Adopt Resolution No. 98 -1506 establishing miscellaneous City fees and charges and procedures for annual review, and rescinding Resolution No. 97 -1369. H. Request for Change in Meeting Time for Council Economic Development Committee. Staff Recommendation: Approve changing the meeting time of the Economic Development Committee to 5:00 p.m. on the second Tuesday of each month. I. Notice of Public Participation in Franchise Renewal Process. Staff Recommendation: Approve the public participation process for the TCI of Ventura County and Entertainment Express Limited franchise reviews and authorize staff to provide public notice of same. J. Consider the Modification to Condition Number 67 of Resolution 96 -1189 - Tract 4973 - Carlsberg Development. Staff Recommendation: 1) Authorize the revision of Resolution No. 96 -1189, Condition No. 67 to eliminate the requirement for a raised median on New Los Angeles Avenue as recommended in the staff report; and 2) Allow the construction of the driveway on New Los Angeles Avenue, Minutes of the City Council Moorpark, California Page 19 August 19, 1998 east of Science Drive, pending staff approval of the proposed signage and "Rumble Strips" prohibiting left turns out of the driveway. K. Consider the Acceptance of Improvements and Bond Reduction for Tract 4174 - Colmer Development. Staff Recommendation: 1) Accept the improvements as complete; 2) Authorize the City Clerk to exonerate the Grading and Monumentation bonds; and 3) Authorize the City Clerk to reduce the street and drainage bonds to 10'-r' for a one year maintenance period, subject to the Engineering Department's final approval at that time. L. Consider Approval of a Certificate of Acceptance for an Easement for a Sidewalk on the South Side of Los Angeles Avenue, CPD 97 -1 and CUP 97 -2 (Gharebaghi). Staff Recommendation: 1) Approve the Certificate of Acceptance for the public sidewalk and maintenance easement south of New Los Angeles Avenue and; 2) Direct the City Clerk to forward said easement deed and certificate to the County Recorder for recordation. M. Consider Street Names Approval for Tract 4975, 4976, 4977, and 4980 (Lennar Homes). Staff Recommendation: Approve the street names for tracts 4975, 4976, 4977 and 4980 as shown in Exhibits A, B, C and D. N. Consider the Reduction and Exoneration of Surety Bonds Related to Peach Hill Road Street Improvements and School Site Improvements. Staff Recommendation: 1) Accept the street grading and drainage improvements as complete; 2) Authorize the City Clerk to reduce the street bonds as set forth in Table 1 of the report; 3) Authorize the City Clerk to release the reduced street bonds after the developer has completed Science Drive and after engineering acceptance of such; and 4) Authorize the City Clerk to exonerate the grading and drainage bonds as set forth in Table 1 of the report. 13. CLOSED SESSION: MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to adjourn to Closed Session for a discussion of Item 13.C., only. The motion carried by voice vote 4 -0, Mayor Hunter absent. A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) Minutes of the City Council Moorpark, California Page 20 August 19, 1998 B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, City Attorney, City Clerk, City Manager, City Engineer, Chief of Police, Director of Community Development, Director of Community Services, Public Works Director AT THIS POINT in the meeting the Council recessed. The time was 11:17 p.m. The Council reconvened into closed session at 11:23 p.m. Present in closed Session were all Councilmembers except Mayor Hunter; and Steven Kueny, City Manager. The Council reconvened into open session at 11:42 p.m. Mr. Kueny stated there was no action to report. 14. ADJOURNMENT: MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to adjourn. The motion carried by voice vote 4 -0, Mayor Hunter absent. The time was 11:43 p.m. ATTEST: S. Deborah S. Traffens edt, City Clerk f