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HomeMy WebLinkAboutMIN 1998 1118 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California November 18, 1998 A Regular Meeting of the City Council of the City of Moorpark was held on November 18, 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 :05 p.m. 2. INVOCATION: Pastor Rick Uhls, Moorpark United Methodist, led the invocation. 3. PLEDGE OF ALLEGIANCE: Mr. Miller led the Pledge of Allegiance. AT THIS POINT in the meeting, the Council took a recess. The time was 7:09 p.m. The Council reconvened at 7 :23 p.m. 4. ROLL CALL: Present: Councilmembers Evans, Perez, Teasley, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; John Nowak, Assistant City Manager; Cheryl Kane, City Attorney; Nelson Miller, Director of Community Development; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Don Reynolds, Administrative Services Manager; Dirk Lovett, Assistant City Engineer; Deborah Traffenstedt, City Clerk; and Lisa Pope, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. City Manager's Monthly Report Mr. Kueny introduced Ken Gilbert, Director of Public Works Mr. Gilbert reviewed the functions of the Public Works Department. 6. PUBLIC COMMENT: Lisa Mia- Williams, 15630 Harte Lane, representing Mommies from Moorpark, discussed Hurricane Mitch relief efforts. She stated they were collecting contributions and requested support from the community. In response to Mayor Hunter, Ms. Williams discussed how contributions could be made. She stated they were Minutes of the City Council Moorpark, California Page 2 November 18, 1998 requesting canned food, clothing, diapers, beans and rice, and toys. Valerie Jacobellis, 15357 Mahan Court, stated she was working with Ms. Williams and requested contributions. Terry Hughes, 13190 Honeybee Street, discussed the food drive for relief for Hurricane Mitch. He discussed locations for donation collections. He discussed notable donations. In response to Mayor Hunter, Mr. Hughes stated volunteers were needed to assist in boxing the items for shipment. In response to Mayor Hunter, Mr. Hughes stated the Moorpark Unified School District could be contacted for questions or assistance with collection of donations. In response to Councilmember Teasley, Mr. Nowak stated Don Reynolds, Administrative Services Manager, had gone to Honduras to assist in the relief efforts. Marjorie Blye, 4122 Oakcliff Drive, discussed the signal at Moorpark Road and Tierra Rejada and accidents at the intersection. She stated the signal should allow more time for left turns onto Tierra Rejada Road from Moorpark Road. She complimented and congratulated Mayor Hunter on his re- election. AT THIS POINT in the meeting, a recess was declared to convene the Redevelopment Agency. The time was 7:43 p.m. The Council reconvened at 8 :00 p.m. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Evans announced he intended to pull Item 11.H. from the Consent Calendar. Mayor Hunter stated he intended to pull Item ll.A. to discussed the minutes of September 16, 1998 and pull Item ll.F. Councilmember Perez requested the agenda be reordered for the Presentation /Action /Discussion items to hear 10.D., iO.F., 10.G., 10.H, and then the remainder of the items. CONSENSUS: By consensus, the Council determined to reorder the agenda as suggested by Councilmember Perez. Minutes of the City Council Moorpark, California Page 3 November 18, 1998 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter announced that the City was accepting applications to various commissions. He also announced the Special Election to be held on January 12 and indicated the last day to register to vote was December 14, 1998. 9. PUBLIC HEARINGS: A. Consider Request by Stephen R. Anderson and Paul D. Burns and Southern California Edison Company for Approval of General Plan Amendment No. 97 -2 to Amend the Land Use Element of the General Plan on Undeveloped Land Located West of Gabbert Road and North of the Southern Pacific Railroad From "AG -1" (Agricultural 1 Dwelling Unit /10 -40 Acres) to "I -2" (Medium Industrial), Zone Change No. 97 -6 to Change the Zoning Designation of the Property From "AE" (Agricultural Exclusive) to M -2 (Limited Industrial), and Proposed Development Agreement Between the City and A -B Properties, and the City and Southern California Edison (APN. 500 -34 -22 and -23) (Continued from October 21, 1998) Staff Recommendation: 1) Continue General Plan Amendment 97 -2, Zone Change 97 -6 and Development Agreement 98 -4 and 98 -5 to December 2 with the public hearing open; or 2) Consider General Plan Amendment 97 -2, Zone Change 97 -6 and Development Agreements 98 -4 and 98 -5, which would be the final amendment to the General Plan Land Use Element allowed this year: a) Open the public hearing and accept public testimony; b) Adopt Resolution No. 98- , approving General Plan Amendment No. 97 -2; c) Introduce Ordinance No. approving Zone Change No. 97 -6 for first reading; and d) Introduce Ordinance No. approving the Development Agreement between the City and A -B Properties and the City and Southern California Edison Company for first reading. AT THIS TIME in the meeting, Councilmember Wozniak announced a potential conflict of interest, due to a campaign contribution he had received, and he left the dais. The time was 7 :54 p.m. Mr. Miller gave the staff report. John Newton, 165 High Street, Suite 103, representing A -B Properties, stated they concurred with the development agreement as proposed. He stated he had presented the City Manager and Director of Community Development signed copies of the Development Agreement. He suggested the public hearing be closed on A -B properties and Edison and allow the ordinance to be introduced for first reading and to defer the General Plan Amendment approval to occur Minutes of the City Council Moorpark, California Page 4 November 18, 1998 concurrently with the Pacific Communities General Plan Amendment. Elaine Freeman, 2509 E. Thousand Oaks Blvd, representing Pacific Communities, stated she agreed with the proposal for concurrent General Plan Amendment processing as mentioned by Mr. Newton. Jim Hartley, 5950 Gabbert Road, stated the project should be refused as incomplete or approved if conditioned to require adequate circulation. He suggested the State Route 118 bypass be started at the west end and that the underpass and Gabbert Road signalization be in place prior to moving forward with the proposed project. He asked why Councilmember Wozniak was abstaining. Rene Mayfield, 6085 Darlene Lane, discussed concerns with traffic circulation mitigation that was proposed. She urged the Council to deny the Zone Change and General Plan Amendment. Richard Stratton, 6049 Darlene Lane, discussed open space and urban sprawl and requested denial. Ms. Traffenstedt indicated one written statement card had been received in favor of the project from Dennis Hardgrave and five written statement cards had been received in opposition to the project from the following individuals: Mike Chilton Sharon Schieltz Michael Caro Diana Caro Mary Kairouz Ms. Traffenstedt provided a summary of the concerns expressed in the written statement cards. In response to Mayor Hunter, Mr. Miller discussed the General Plan Amendment for Pacific Communities and the status of the Development Agreement. He recommended consolidating the A -B Properties /Edison General Plan Amendment, with the General Plan Amendment for Pacific Communities, which is to be heard on December 2, 1998. In response to Mayor Hunter, Mr. Miller discussed the traffic analysis for the proposed project had been done based upon the total acreage and it was determined that there would be adequate capacity with improvements to Gabbert Road and the long -term circulation plan for Casey Road. He stated that the developer would need to widen Minutes of the City Council Moorpark, California Page 5 November 18, 1998 Gabbert Road from the Casey Road intersection south to Poindexter Avenue. He also stated the applicants had agreed to provide a dedication of right of way to allow for the construction of the 118 bypass in the future. In response to Mayor Hunter, Mr. Miller stated additional analysis would occur at the time of Tract Map and Industrial Planned Development approval and additional conditions could be imposed for each entitlement. In response to Councilmember Teasley, Mr. Miller discussed the recommendation by the Ad Hoc Committee and clarified that the General Plan Circulation Element shows a four -lane arterial for the bypass and that the 100 -foot right of way requirement reflects the width required for a four -lane arterial for the north -to -south segment. He further stated that the east -to -west segment would require a 120 -foot right of way. In response to Councilmember Evans, Mr. Kueny discussed the possibility of an assessment district to pay for the underpass and four -lane arterial. He mentioned Specific Plan No. 1 as another project that could contribute towards the underpass and bypass. Mr. Newton discussed traffic on Gabbert Road and Poindexter Avenue. He indicated their willingness to cooperate with the City's conditions for approval, including Sections 6.19 and 6.20 of the Development Agreement. He stated the use was consistent with the surrounding area. He discussed the City's approval process required approval of zoning first, before subdivision map approval. He explained that the detailed design occurred in conjunction with the subdivision map application. He requested that the public hearing be closed and that first reading of the zone change and development agreement ordinances occur. In response to Mayor Hunter, Mr. Newton stated the new intersection would be about 200 feet north of the tracks. In response to Councilmember Teasley, Mr. Miller discussed signalization of the intersection of Gabbert Road and Poindexter Avenue. He indicated a traffic study will be required to determine if a signal is warranted at the time of consideration of a subdivision map and industrial planned development permit. Councilmember Teasley indicated concern about when Casey Road would be extended. Mr. Miller stated that this project would build a westerly extension of Casey Road and that the Circulation Element showed that Casey Road would further extend from Gabbert Road to Walnut Canyon Road. Minutes of the City Council Moorpark, California Page 6 November 18, 1998 In response to Mayor Hunter, Mr. Kueny stated that improvements to Gabbert Road would be funded by this developer at the City's discretion, as required by the Development Agreement. Mayor Hunter closed the public hearing for the General Plan amendment and zone change. Councilmember Perez stated the Ad Hoc Committee had suggested the General Plan amendments for A -B Properties /Edison and Pacific Communities be heard concurrently. Councilmember Evans concurred. Mayor Hunter stated he would support taking the General Plan amendments concurrently, but indicated concern regarding Pacific Communities staying on track. Mr. Kueny recommended deferring first reading of the Development Agreement ordinance to provide staff the opportunity to further review the Agreement. He stated that there was no advantage to introducing the zone change ordinance for first reading prior to the Development Agreement ordinance. He further stated that approval of the General Plan amendment resolution should not occur until the time of second reading of the ordinances. Mr. Newton concurred with having the first reading of both ordinances occur concurrently. Mr. Miller stated Section 7 in the zone change ordinance should be deleted. Mayor Hunter asked for the title of the ordinance to be read. Ms. Traffenstedt read the ordinance title. Councilmember Evans indicated he had concerns regarding access and circulation. He stated that he could not vote in favor at this time and requested that the bypass corridor be used for the access road. He suggested deferring the matter for two weeks. MOTION: Councilmember Evans moved and Councilmember Teasley seconded a motion to continue the item to December 2. Mr. Kueny recommended leaving the Development Agreement public hearing open. Minutes of the City Council Moorpark, California Page 7 November 18, 1998 Mayor Hunter questioned whether the maker of the motion and the second concurred to leave the Development Agreement hearing open. Councilmember Evans and Councilmember Teasley agreed with the amendment. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, Councilmember Wozniak returned to dais. The time was 8:50 p.m. B. Consider Resolution of the City Council of the City of Moorpark, California Approving Industrial Planned Development Permit Number IPD 97 -4, Conditional Use Permit No. CUP 98 -4, and Parcel Map No. 5123 for Development of a Self Storage Facility with On -Site Managers Residence and Subdivision of a 7.5 Acre Site, Located on the Northeast Corner of Spring Road and Flinn Avenue (Assessors Parcel No. 512 -0- 171 -200 & -210) - William Bromiley (Continued from November 4, 1998). Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearings 2) Consider the Negative Declaration prepared for the requested entitlements prior to approval or denial of the projects; and 3) Adopt Resolution No. 98- approving the Industrial Planned Development Permit, the Conditional Use Permit and Parcel Map subject to conditions. Mr. Miller gave the staff report. Councilmember Evans discussed his meeting with Mr. Bromiley. He suggested a condition of approval that the City Council would have the authority to eliminate outdoor storage if there was found to be any problem. He stated that the applicant had agreed to provide storage space to non - profit organizations, such as youth sports groups, at no charge. He stated that the applicant has agreed if a signal is required at Flinn and Spring Road that they would be responsible for their fair share. He also discussed enhanced landscaping proposed to further screen views of the site. Mr. Miller stated the hours of operation would be from 7 :00 a.m. to 7 :00 p.m. He stated that an additional proposed condition would require the applicant to construct the median along the frontage of their property on Spring Road. Mr. Kueny stated construction of the median could be deferred until development of the second parcel. Minutes of the City Council Moorpark, California Page 8 November 18, 1998 In response to Mayor Hunter, Mr. Kueny stated there were plans to have a center median continuing south to Los Angeles Avenue. In response to Mayor Hunter, Mr. Kueny stated Condition No. 99 of the Industrial Planned Development would be revised to reference the development of the second parcel. Mr. Kueny suggested the applicant be responsible for 50 percent of the traffic signal at Flinn Avenue and Spring Road, which would be deferred until development of the southerly parcel. In response to Councilmember Evans, Mr. Miller discussed landscaping and pilasters along wall proposed adjacent to the railroad tracks. Mr. Kueny stated language requiring payment of traffic mitigation fees should be similar to that included for recent development agreements. Joanne Geiler, 19900 Mac Arthur Blvd., Irvine, representing the applicant, asked for clarification on the cost for the median on Spring Road. She discussed proposed enhancements to landscaping. She explained contributions they would make to charitable organizations. Dennis Geiler, 19900 Mac Arthur Blvd., Irvine, indicated he was available to answer questions. Bill Bromiley, 21241 Ventura Blvd., Woodland Hills, indicated he was available to answer questions. Neil Scribner, 10855 Presilla Road, Camarillo, indicated he was available to answer questions. Lorraine Feuerstein, 3900 Huntercrest Court, discussed her concerns with the project and indicated it would be harmful to the City. She discussed case law regarding zoning and the Council's authority to deny the requested use. She urged council to deny the project because it was not economically good for the Downtown area. Ms. Geiler requested information on the cost of the median strip. Mr. Miller recommended Council indicate any changes to conditions and any questions for staff to come back with answers for the next meeting. Minutes of the City Council Moorpark, California Page 9 November 18, 1998 Mr. Kueny stated the median should be required at the time of development of the second parcel and that construction would occur after widening of the street. Ms. Geiler concurred with the median condition. Mayor Hunter closed the public hearing. He requested the median cost be provided to the Council as a box item. Councilmember Wozniak stated he still had concerns with the project's proximity to High Street. Councilmember Teasley stated the demise of High Street was tied to construction of other commercial centers in Moorpark, and that she did not believe retail commercial development on the site would help High Street. She also stated that the project is beautiful, but that it is not the project she wants for that location. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to continue the item to December 2, 1998. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the Council took a recess. The time was 9:20 p.m. The Council reconvened at 9:39 p.m. 10. PRESENTATION /ACTION /DISCUSSION: D. Consider an Amendment to the Agreement Between the Cities of Moorpark, Simi Valley, Thousand Oaks and the County of Ventura, and Advanced Environmental Services (AETS) for regular monthly Household Hazardous Waste (HHW) Collection Services. Staff Recommendation: Approve Modification #2 of Agreement between the City of Moorpark and the City of Simi Valley and the City of Thousand Oaks and the County of Ventura, and Advanced Environmental Technical Services, for Provision of Regional Household and Conditionally Exempt Small Quantity Generator (CESQG) Hazardous Waste Collection Program Services; authorize the Mayor and Staff to execute the Agreement, and terminate the Agreement between the City of Simi Valley /Simi Valley County Sanitation District and the City of Moorpark for joint use and funding of the Resource Conservation Center, and direct staff to notify Simi Valley of such action. Mr. Brand gave the staff report. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to Approve Modification 42 of Agreement between the City of Moorpark and the City of Simi Valley and the City of Thousand Oaks and the County of Ventura, and Advanced Minutes of the City Council Moorpark, California Page 10 November 18, 1998 Environmental Technical Services, for Provision of Regional Household and Conditionally Exempt Small Quantity Generator (CESQG) Hazardous Waste Collection Program Services; authorize the Mayor and Staff to execute the Agreement, and terminate the Agreement between the City of Simi Valley /Simi Valley County Sanitation District and the City of Moorpark for joint use and funding of the Resource Conservation Center, and direct staff to notify Simi Valley of such action. The motion carried by unanimous voice vote. F. Consider Setting a Hearing Date of December 2, 1998, for Revisions to the City's Land Use Development Fees. Staff Recommendation: Set a date for December 2, 1998, to consider revisions to the current Land Use Development Fee Schedule. Mr. Nowak gave the staff report. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to set a date for December 2, 1998, to consider revisions to the current Land Use Development Fee Schedule. The motion carried by unanimous voice vote. G. Consider Review of El Rodeo Conditional Use Permit. Staff Recommendation: Direct staff as deemed appropriate. Mr. Nowak gave the staff report. Councilmember Wozniak stated he had requested the item be placed on the agenda due to concerns over recent incidents at E1 Rodeo. He stated it was his intention to assist the business in continuing its operation. He discussed the Police Department's request for removal of the mini - blinds. Captain Lewis stated the intent was that the blinds remain open during hours of operation. Captain Lewis indicated he was available to respond to questions. He stated the owners had been receptive to their suggestions. Jose Espinoza, 538 Sierra Avenue, representing E1 Rodeo Restaurant, stated they were willing to work to correct the problems. In response to Mayor Hunter, Mr. Espinoza stated he was co- owner of the restaurant. In response to Councilmember Wozniak, Mr. Espinoza stated they had complied with the suggestions made by the Police Department. Minutes of the City Council Moorpark, California Page 11 November 18, 1998 In response to Councilmember Evans, Mr. Espinoza stated Javier Hernandez and his wife are listed as the business owners on the Alcoholic Beverage Control license and City business registration. In response to Mayor Hunter, Captain Lewis stated one additional incident of public drunkenness had occurred on November 12 at 3:15 p.m. Mayor Hunter discussed the number of arrests at the location for drunkenness in public. He stated he was concerned that there was a trend of serving intoxicated persons. Captain Lewis stated there had been 5 drunk and intoxication related arrests in a 90 -day period. In response to Mayor Hunter, Captain Lewis stated there was graffiti in the area that indicates possible gang activity. Mr. Espinoza stated people were making trouble outside their business. In response to Mayor Hunter, Mr. Espinoza stated persons come to his establishment already intoxicated, in which case he does not serve them alcohol. He stated they know who the troublemakers are and they are prepared to deal with them now. Stella Avila, 724 Fifth Street, Oxnard, discussed the incidents that had occurred in the restaurant. She discussed security at the location. Mr. Espinoza stated he understood the concerns and stated they were willing to cooperate and make the necessary changes. In response to Councilmember Evans, Ms. Avila stated the owner of the building had removed the graffiti. Mr. Miller stated the original applicants were Mr. Hernandez and Mr. Ortiz. Councilmember Perez stated he could not conclude that the problems in the report were all related to the business. He also stated the owners were committed to developing a family atmosphere for the business. Councilmember Wozniak stated the owners were making the corrections as recommended by the Police Department. He suggested the business continue to be monitored. He stated if the problems continue the Council would need to take some action such as revocation of the permit. Minutes of the City Council Moorpark, California Page 12 November 18, 1998 Councilmember Evans indicated concern regarding the violations. He stated the problems needed to be corrected quickly. Mayor Hunter stated he was concerned with the escalating trend of violence. In response to Councilmember Teasley, Captain Lewis stated there were lights on the back of the building, which had not been operational. He indicated the lights are currently operating. In response to Mayor Hunter, Captain Lewis stated two State - certified security guards were present on Friday and Saturday nights. CONSENSUS: By consensus, the Council determined to take the item off the calendar. H. Consider Establishment of a Citizens Advisory Committee. staff as deemed appropriate. Fiscal Year 1999 -2000 Budget Staff Recommendation: Direct Councilmember Perez gave the report. In response to Mayor Hunter, Mr. Kueny stated the City of Thousand Oaks had utilized such a committee. Councilmember Wozniak discussed the positive response from the Thousand Oaks committee. He stated it allowed the opportunity for other ideas to be brought forth and that he supported the recommendation. In response to Councilmember Wozniak, Councilmember Perez suggested directing staff to advertise and request applications for a Budget Citizens Advisory Committee. Mr. Kueny discussed the timeline due to the committee's work needing to be complete by March or April. He stated the Council needs to provide specific direction for the committee. Councilmember Evans stated it was necessary to tighten the focus for the committee but that the process should be started. Mayor Hunter stated he supported the concept but agreed that specifics needed to be established. Minutes of the City Council Moorpark, California Page 13 November 18, 1998 Councilmember Perez recommended announcing available positions on the committee. Mayor Hunter stated he was comfortable in approving the concept and advertising that such a committee would be formed. Mr. Kueny suggested referring to matter to the Budget and Finance Committee to work with staff to define a mission and to make appointments on January 6, 1999. CONSENSUS: By consensus, the Council determined to refer the matter to the Budget and Finance Committee and directed staff to advertise the Budget Citizens Advisory Committee and schedule appointments for the January 6, 1999 meeting. A. Consider Resolution No. 98 -1543 Approving the City's Support of Designating the Economic Development Collaborative - Ventura County as the Countywide Film Liaison Serving Ventura County. Staff Recommendation: Adopt Resolution No. 98 -1543 approving the City's support of designating the Economic Development Collaborative - Ventura County as the Countywide Film Liaison serving Ventura County. Mr. Nowak gave the staff report. MOTION: Councilmember Teasley moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 98 -1543 approving the City's support of designating the Economic Development Collaborative - Ventura County as the Countywide Film Liaison serving Ventura County. The motion carried by unanimous voice vote. B. Consider Minor Modification No. 1 to Commercial Planned Development Permit No. 97 -1 for Approval of a Sign Program Including Relocation of the Gas Pricing Signs for the Mobil Gas Station Proposed for the Southwest Corner of Liberty Bell Road and Los Angeles Avenue (Gharabaghi) . Staff Recommendation: Adopt Resolution No. 98- denying Minor Modification No. to Commercial Planned Development Permit 97 -1. Mr. Miller gave the staff report. In response to Mayor Hunter, Miller discussed the signs allowed for AM /PM and Shell. He discussed the issue of the canopy signs versus monument signs. Minutes of the City Council Moorpark, California Page 14 November 18, 1998 In response to Councilmember Evans, Mr. Miller stated the two most recent gas stations did not have a condition regarding canopy signs. In response to Councilmember Evans, Mr. Miller explained prior determinations regarding signs along the Los Angeles Avenue corridor. He explained that Baduccos Restaurant and K -Mart were considered major tenants, and that the Zoning Code permits larger signs for major tenants. Tim Warrell, 721 Commercial Avenue, Oxnard, from Vogue Sign Company representing the applicant, explained their sign application request. Walt Friesen, 4309 Edminster Lane, LaVerne, representing Mobil Oil Corporation, discussed the importance of pricing signs and the location of competitors signs. He requested pricing be allowed on the monument sign so as to be visible as required by State law. He requested the Council approve the minor modification request. Joe Ahearn, 484 E. Los Angeles Avenue, stated he disagreed with the staff report. He stated there were four uses proposed for the facility and that it was a multi - tenant type setting. In response to Mayor Hunter, Mr. Ahearn stated the project was not sublet but would be one business with four uses. He discussed the size of the signs at the Shell station. Mayor Hunter stated canopy- mounted signs would be useless to eastbound traffic. He stated special consideration needed to be given to businesses on Los Angeles Avenue. He stated he could support a monument sign and sign program in excess of what is allowed by Code. In response to Councilmember Wozniak, Mr. Miller stated general commercial monument signs were limited to four feet in height. He discussed the Burger King signs and stated the monument sign was limited to four feet. Councilmember Wozniak stated the area required for gas pricing, which is required by State law, should be exempt. CONSENSUS: By consensus, the Council determined to allow a monument sign and removal of the canopy signs requirement. In response to Mayor Hunter, Mr. Miller explained the size of the Shell Station and AM /PM signs. Mr. Kueny stated consideration for consolidating signage into one location Minutes of the City Council Moorpark, California Page 15 November 18, 1998 had been given. Mr. Miller stated there was an exemption of 10 square feet for gas price signage. In response to Councilmember Teasley, Mr. Miller stated the overall size of the monument sign was 47.91 square feet, including architectural features. Mr. Kueny suggested following the Code, which would allow a 5 -foot high monument sign for a service station. He also suggested allowing 36 square feet for the sign text area for the monument sign. Councilmember Teasley stated her concern with allowing an unfair advantage. She stated she could support what was already approved for signs for other stations on Los Angeles Avenue. CONSENSUS: By consensus, the Council determined to allow 36 square feet for sign text area and a 5 -foot overall height for the monument sign. Mr. Miller discussed the signage proposed for the car wash. In response to Councilmember sign at the other car wash in of the canopy. Evans, Mr. Kueny stated the the City was included as part Mr. Miller stated a 20 square foot sign would be allowed by the Code. Mr. Kueny stated the Council can deny the marquee sign and approve the maximum sign allowed per the Director's statement, and allow the Director to work with the applicant to comply with the Code. CONSENSUS: By consensus, the Council determined to deny the proposed marquee sign and require compliance with Code requirements for the car wash signage. Mr. Miller suggested bringing back a resolution for approval based on the Council's direction, since modification of conditions of approval for the project was required and the total sign area would still exceed allowed total sign area. CONSENSUS: By consensus, the Council determined to direct staff to bring back a resolution for approval of a sign program consistent with the Council's direction. C. Consider Approval of Minor Modification No. 1 to Planned Development Permit No. 951 for a Proposed Outside Seatina Minutes of the City Council Moorpark, California Page 16 November 18, 1998 Patio and Temporary Seating to be Used for Dining at the Northeast Corner of Los Angeles and Moorpark Avenues (50 Moorpark Avenue, Subcontractor Restaurant, Ken Chandler). Staff Recommendation: Adopt Resolution No. 98 -1544 approving Minor Modification No. 1 to Planned Development Permit No. 951. Mr. Miller gave the staff report. In response to Mayor Hunter, Mr. Miller explained what had been allowed at the Grinder and Secret Garden in regard to parking and outdoor seating. In response to Mayor Hunter, Mr. Miller stated the adjacent residents and property owners had indicated concerns regarding noise levels. Mayor Hunter stated the noise generated by customers would not be louder than traffic on Los Angeles Avenue. In response to Councilmember Evans, Mr. Miller stated the condition regarding patio furniture had been removed and the condition regarding amplified sound had been modified. In response to Councilmember Evans, Mr. Miller stated the hours of operation were from 10:00 a.m. to 8:00 p.m. Ken Chandler, 2447 College Street, Simi Valley, addressed the Council as the owner of the Subcontractor Restaurant. He stated he did not want to move the stairs or permanently close the patio off with plexiglass. He requested an explanation for requiring complete enclosure of the patio. In response to Councilmember Wozniak, Mr. Miller stated the stairway was proposed to be moved due to the location of the doorway. In response to Councilmember Wozniak, Mr. Miller discussed the handicapped accessibility requirements. Councilmember Wozniak stated he agreed with the Mayor that noise would come from Los Angeles Avenue. CONSENSUS: By consensus, the Council determined to remove Condition No. 17 and No. 24. In response to Councilmember Evans, Mr. Chandler stated a handicapped ramp landing was included in the design. Councilmember Wozniak suggested elimination of the door on the ramp side of the patio. Minutes of the City Council Moorpark, California Page 17 November 18, 1998 CONSENSUS: By consensus, the Council removed the door on ramp side, with the door to remain on the side with the stairs. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to adopt Resolution No. 98 -1544, as amended, approving Minor Modification No. 1 to Planned Development Permit No. 951. The motion carried by unanimous voice vote. E. Consider Approval of the Intent of California Community Builders (CCB) and American Stores (Lucky) to Pay an In- Lieu Fee for the Construction of a Double Left -Turn Lane for Westbound Traffic at the Intersection of Los Angeles Avenue and Tierra Rejada Road. Staff Recommendation: 1) Approve a change to the design standard for Los Angeles Avenue to start the three eastbound lanes east of the westbound double left -turn lanes proposed to be constructed at the intersection of Los Angeles Avenue and Tierra Rejada Road and 2) Authorize the payment of an in -lieu fee, by CCB, Lucky or both, in an amount deemed to be sufficient to cover all City costs for the City to undertake and construct the proposed double left -turn lanes, the amount of said fee to be approved by the City Manager subsequent to the development of a more accurate cost estimate in the manner described in the report. Mr. Gilbert gave staff report. In response to Mayor Hunter, Mr. Gilbert stated the plan would allow a double left -turn lane and maintain an acceptable Level of Service at the intersection. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to approve a change to the design standard for Los Angeles Avenue to start the three eastbound lanes east of the westbound double left -turn lanes proposed to be constructed at the intersection of Los Angeles Avenue and Tierra Rejada Road and authorize the payment of an in -lieu fee, by CCB, Lucky or both, in an amount deemed to be sufficient to cover all City costs for the City to undertake and construct the proposed double left -turn lanes, the amount of said fee to be approved by the City Manager subsequent to the development of a more accurate cost estimate in the manner described in the report. The motion carried by unanimous voice vote. I. Consider Waiving Council Policy for Standing Committee and Other Council Committee Appointments at the First Regularly Scheduled Meeting in January of Each Year. Recommendation: Waive City Council policy and allow Council Standing Committee and other Council committee appointments to be made at the December 2, 1998 regular meeting. Minutes of the City Council Moorpark, California Page 18 November 18, 1998 Mayor Hunter stated he had requested the item be placed on the agenda so as to allow appointments to Council Committees to occur at the reorganization meeting. MOTION: Mayor Hunter moved and Councilmember Evans seconded a motion to waive City Council policy and allow Council Standing Committee and other Council committee appointments to be made at the December 2, 1998 regular meeting. The motion carried by unanimous voice vote. 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to pull Items 11.A., ll.F. and ll.H. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. B. Consider Approval of Warrant Register of November 18, 1998. Fiscal Year 1998/99 Manual Warrants Voided Warrants Regular Warrants 43092 - 43098 42955 & 43096 43099 - 43123 - D 43124 - 43196 - V $ 5, 637.86 $ ( 113.67) $293,958.92 $ 69,141.35 C. Consider Approval of Agreement for Distribution of Cash and Personal Assets of the Moorpark Mosquito Abatement District (Continued from November 4, 1998). Staff Recommendation: Withdraw the item from the agenda and place it back on as soon as an Agreement is reached with the County. D. Consider Approval of Sale or Disposal of Surplus City Equipment and Vehicles. Staff Recommendation: Approve the sale or disposal of surplus City furniture, equipment, computers and vehicles by auction or other permitted means. E. Consider a Cooperative Agreement with the State Department of Health Services and Agencies Applying Pesticides for Public Health Purposes. Staff Recommendation: Approve the cooperative agreement with the State Department of Health Services and agencies applying pesticides for public health purposes; and authorize Mayor and staff to execute the Agreement. G. Consider Grant of Water Main Easement to Ventura County Waterworks District No. 1 for a Portion of the Water Main Serving Arroyo Vista Community Park. Staff Recommendation: Minutes of the City Council Moorpark, California Page 19 November 18, 1998 Authorize the Mayor Deed to VCWW #1 and deed to the County to execute the direct the City for recordation. subject water Easement Clerk to forward said H. Consider Report Regarding Previous City Council Actions on Permits For Colin Velasquez's Development on Los Angeles Avenue (Planned Development Permit No. 1065). Staff Recommendation: Receive and file the report. I. Consider Notice of Completion for the 1998 Slurry Seal Project. Staff Recommendation: 1) Adopt Resolution No. 98- 1546 approving an amendment to the FY 1998/99 Budget by revising the appropriation and budget for subject project as follows: General Fund (Fund 100): $5,034 increase; Local Transportation Fund (Fund 203) : $81,950 decrease; and Transit Fund (Fund 204): $6,922 increase (net total decrease $69,994); 2) Accept the work as completed; 3) Instruct the City Clerk to file the Notice of Completion for the project; and 4) Authorize the release of the retention upon satisfactory clearance of the thirty five (35) day lien period (ROLL CALL VOTE REQUIRED). J. Consider Resolution No. 98 -1547 Authorizing the City of Moorpark to Participate in a Multi - agency Traffic Safety /Enforcement Grant. Staff Recommendation: Adopt Resolution No. 98 -1547 authorizing the City's participation in a multi - agency traffic safety /enforcement grant. K. Consider Lot Line Adjustment No. 98 -3 on the Application of F & A Industrial Investments for a Merger of Lots 2 and 3 of Tract 3492, Located at 6176 and 6190 Condor Drive, Assessors Parcel No. 513 -0- 060 - 03/28. Staff Recommendation: Approve Lot Line Adjustment No. 98 -3. L. Consider Lot Line Adjustment No. 98 -1 on the Application of Sam Asadurian to Modify the Property Line Between Lots 1 and 2 of Parcel Map 3593 Located at 11815 Darlene Lane, Assessors Parcel No. 500 -0- 010 -505. Staff Recommendation: Approve Lot Line Adjustment No. 97 -1. The following items were pulled from the Consent Calendar for individual consideration: A. Consider Approval of Minutes of the September 16, 1998 Regular City Council Meeting. Consider Approval of Minutes of the October 7, 1998 Regular Citv Council Meetina. Staff Recommendation: Approve the minutes as processed. Minutes of the City Council Moorpark, California Page 20 November 18, 1998 Mayor Hunter indicated an amendment to the minutes of September 16, 1998, pertaining to Item 10.I., to clarify that the ideas for strengthening the Tierra Rejada Greenbelt Agreement were a result of meetings between Supervisors Mikels and Schillo and himself, not the Agricultural Policies Working Group. MOTION: Mayor Hunter moved and Councilmember Evans seconded a motion to approve the minutes as amended. The motion carried by unanimous voice vote. F. Consider Adopting Resolution No. 98 -1545 Authorizing a Grant Application Requesting Monies from the Ventura County Area Agency on Aging (VCAAA) for the Completion of the Senior Center Expansion Project. Staff Recommendation: Adopt Resolution No. 98 -1545 authorizing a grant application requesting monies from the Ventura County Area Agency on Aging (VCAAA) for the completion of the Senior Center Expansion Project. Mayor Hunter stated he had pulled the item to discuss fund - matching possibilities. Mr. Kueny stated he would provide a box item to Council regarding matching funds requirements. MOTION: Mayor Hunter moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 98 -1545 authorizing a grant application requesting monies from the Ventura County Area Agency on Aging (VCAAA) for the completion of the Senior Center Expansion Project. The motion carried by unanimous voice vote. H. Consider Report Regarding Previous City Council Actions on Permits For Colin Velasquez's Development on Los Angeles Avenue (Planned Development Permit No. 1065). Staff Recommendation: Receive and file the report. AT THIS POINT in the meeting, Councilmember Teasley announced a potential conflict of interest due to a tenant being represented by an agent in her office, and she left the dais. The time was 11:27 p.m. The Council waived their rules to allow Mr. Velasquez to address the matter. Colin Velazquez, 601 Moorpark Avenue, discussed the history of the business. In response to Mayor Hunter, Mr. Miller stated it had not been confirmed to have been an automotive body shop at the location. He stated paint and automotive body shops are in the same category of use in the zoning matrix. Minutes of the City Council Moorpark, California Page 21 November 18, 1998 Councilmember Perez discussed the history of actions on the matter. He recalled that the minor modification to allow a paint and body use was not specific to a certain application. Councilmember Wozniak stated he did not recall whether the previous approval was specific to that earlier application. Mayor Hunter stated that the prior decision was specific to a business. MOTION: Councilmember Wozniak moved and Mayor Hunter seconded a motion to receive and file the report. The motion carried by voice vote 4 -0, Councilmember Teasley absent. AT THIS POINT in the meeting, Councilmember Teasley returned to the dais. The time was 11:42 p.m. 13. CLOSED SESSION: None was held. 14. ADJOURNMENT: MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to adjourn. The mgtAon carri�d�by unanimous voice vote. The time was 11:43 p.m., ) � / ATTEST: a v G' Deborah S. TraffenstgJf, City Clerk atrick ter, Mayor