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HomeMy WebLinkAboutMIN 1999 0303 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California March 3, 1999 A Regular Meeting of the City Council of the City of Moorpark was held on March 3, 1999 in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7:10 p.m. 2. INVOCATION: Randy Baker, Assistant Pastor of Shiloh Community Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Mary Lindley, Director of Community Services, led the Pledge of Allegiance 4. ROLL CALL: Present: Councilmembers Evans, Harper, Rodgers, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; John Nowak, Assistant City Manager; Cheryl Kane, City Attorney; Captain Mike Lewis, Sheriff's Department; Nelson Miller, Director of Community Development; Mary Lindley, Director of Community Services; Dirk Lovett, Assistant City Engineer; John Brand, Senior Management Analyst; Wayne Loftus, Planning Manager; John Libiez, Principal Planner; Deborah Traffenstedt, City Clerk; and Blanca Garza, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: None. 6. PUBLIC COMMENTS: None. Minutes of the City Council Moorpark, California Page 2 March 3, 1999 AT THIS POINT in the meeting the City Council adjourned to convene the Redevelopment Agency. The time was 7:12 p.m. The City Council reconvened at 8:35 p.m. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: By consensus, the Council determined to reorder the agenda to take item 10.G. prior to the public hearing items. Councilmember Evans said he would request that item 11.F. be pulled from the Consent Calendar for individual consideration. Mayor Hunter indicated that he would request that item 11.A., the Minutes of December 16, 1998, be pulled from the Consent Calendar for individual consideration. Mr. Kueny requested that item 11.D. be pulled from the Consent Calendar for clarification. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter announced a public auction of City surplus items to be held on Saturday March 13. He also announced a Fashion Show to be held on March 20, at 11:30 a.m. in the Senior Center. 10. PRESENTATION /ACTION /DISCUSSION: G. Consider Waiving Fee for Temporary Special Use Permit for a Parking Lot Sale at the Moorpark Plaza Center. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Wozniak gave the report. He said that the owner of the Moorpark Party Shop in the Moorpark Plaza Center has requested a fee waiver for a one -day parking lot sale and YoYo Contest. He said the effect of the Spring Road closure on her business and others in the area is serious. He said he was in favor of waiving Temporary Special Use Permit fees for any of the businesses negatively affected by the construction closure of Spring Road. Minutes of the City Council Moorpark, California Page 3 March 3, 1999 Councilmember Harper suggested that requests for these fee waivers should be decided administratively by staff rather than come to the City Council. Shelia Villata, 530 New Los Angeles Avenue, requested the waiver of the Temporary Special Use Permit fee for her YoYo Contest. She said the closure of the Spring Road Bridge has had a negative impact on the Moorpark Plaza businesses. She requested that the construction be speeded up if at all possible. She indicated that she had obtained the signatures of ten other businesses in the Center indicating that their business was down 10% to 40 %. She also said that the posted sign said the street would reopen in May but everyone she talked with said it would not open until November. In response to Mayor Hunter, Mr. Kueny indicted the street would be re- posted to notify the public that the road closure would continue until November. Councilmember Wozniak requested that the staff work closely with the contractor to do whatever is possible to shorten construction time and also requested box item reports to keep the Council informed of construction progress. Councilmember Rodgers suggested that a request be placed on the City's Internet Homepage and Channel 10 that residents not to forget the merchants who are still open for business in the centers affected by the road closure. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to allow the staff to administratively waive Temporary Special Use Permit fees during the closure of Spring Road for businesses negatively impacted by the closure. The motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: AT THIS POINT in the meeting, Councilmember Wozniak left the dais to avoid the appearance of a possible conflict of interest. The time was 8:46 p.m. Minutes of the City Council Moorpark, California Page 4 March 3, 1999 A. Consider Moorpark Highlands Specific Plan Project (Specific Plan 95 -2 /Specific Plan No. 2, General Plan Amendment No. 95 -2, and Zone Change 95 -4), Applicant: Morrison - Fountainwood- Agoura. (Continued From February 3, 1999 with public hearing open.) Staff Recommendation: 1) Accept further public testimony; 2) Consider the revised land use proposal and provide direction to staff and applicant concerning any remaining issues and the revised plan; and 3) Direct staff to prepare a resolution for certification of the Environmental Impact Report for consideration at the March 17, 1999, City Council meeting; and 4) Continue Public Hearing to March 17, 1999. Mr. Miller gave the staff report. Mayor Hunter announced that the public hearing was still open. Michael Greynald, 711 Daily Drive, Camarillo, addressed the Council as the applicant. He reviewed the revised site plan, land uses and circulation plan. Councilmember Harper said that Dr. Duffy is concerned with noise if the SR -23 is constructed. He said possibly the park site could be enlarged and wrapped around the east side of the school as a buffer. Councilmember Rodgers said that a signal is needed at Walnut Canyon Road. She also suggested consideration for a senior housing component of the project in Planning Unit 45. Dennis Miller, 229 Charles Street, addressed the Council about his concerns regarding traffic circulation and the traffic impacts on Charles Street. He also said the density of the project should be re- considered given the Gnatcatcher's habitat on 1/3 of the property. In response to Mayor Hunter, Mr. Miller said that a traffic study typically looks at arterials. He said the conclusion of the traffic analysis is that High Street has adequate capacity for the projected traffic from the project. He said what is difficult Minutes of the City Council Moorpark, California Page 5 March 3, 1999 to project is what the diversion of traffic to Charles Street would be. In response to Mayor Hunter, Mr. Greynald said he concurred with compensating the City if the park site is to be a smaller size than required by the number of dwelling units in the project. Mayor Hunter said Evans in wanting traffic onto Spring the project and Elementary School o: proposed project. he concurred with Councilmember an estimate of the right turn Road that would be generated by the effect of Walnut Canyon 1 traffic impact findings for the Councilmember Harper said he would like a resolution of the school /park design. Mayor Hunter said he concurred with Councilmember Rodgers regarding consideration of a senior housing component for the project. Councilmember Evans said that a significant number of species had not been analyzed in considering the impacts of the project. He said he would like a response regarding the species listed in Mr. La Perch's letter. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to continue this item with the public hearing open to March 17. The motion carried by unanimous voice vote. B. Consider General Plan Amendment No. 96 -1, Zone Change No. 96 -2, Vesting Tentative Tract No. 5053, Residential Planned Development Permit No. 96 -1, and Development Agreement No. 98 -2 (Pacific Communities) Relating to Proposal for 303 Residential Lots Located on the South Side of Los Angeles Avenue in the Vicinity of Goldman and Shasta Avenues. (Continued from December 16, 1998, with public hearing open.) Staff Recommendation: 1) Accept public testimony and close public hearing; and 2) Consider revised proposal and direct staff as deemed appropriate. Mr. Miller gave the staff report. Minutes of the City Council Moorpark, California Page 6 March 3, 1999 Mayor Hunter stated that the public hearing was still open. Elaine Freeman, 2509 E. Thousand Oaks Blvd., Thousand Oaks, addressed the Council as the applicant's representative. She announced that the adjacent property is under contract to Pacific Communities. She said they would like to present a revised plan that includes this property to the east. Nelson Chung, 1000 Dove St., Newport Beach, addressed the Council as the applicant. He went through the proposed changes to the project. In response to Councilmember Harper, Mr. Chung said that the building of a masonry wall along the Arroyo Simi at the south end of Maureen Lane be addressed in the development agreement. In response to Mayor Hunter, Mr. Chung said there would be landscaping along the buffer wall along the west property line and that on the east side of the street, the street lights would be of a reduced height to avoid light spillage. In response to Councilmember Evans, Mr. Chung confirmed that the buffer wall would be 7 feet 6 inches to 8 feet in height. In response to Councilmember Evans, Mr. Chung said he would contribute funds to mitigate the increased traffic along Los Angeles Avenue. He indicated that this would be addressed in the development agreement. CONSENSUS: By consensus, schedule the initiation of the new property to be added the Council determined to a General Plan Amendment for to the project for March 17. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to continue the hearing open until June 2. The motion carried by unanimous voice vote. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to direct that the revised project be returned to the Planning Commission for recommendation. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 7 March 3, 1999 AT THIS POINT in the meeting the Council reorganized by determining to continue Item 10.C. to March 17. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider General Plan Amendment Pre - Screening Procedure. 1) Adopt Resolution 99 -1578 to rescind the previously adopted process contained in Resolution No. 94 -1055, and to adopt the new procedures attached to Resolution 99 -1578 as Exhibit "A "; and 2) Direct staff to prepare a resolution amending the fee schedule for adoption of a new fee for General Plan Amendment Pre - screening applications, and to prepare application materials for the revised process. Mr. Miller gave the staff report. Mayor Hunter requested an amendment to the Section entitled, Criteria for Decision on Pre - screening Reviews, on stamped page 24, to allow flexibility by stating that the Council is not limited to the listed criteria in making a determination. CONSENSUS: By consensus, the Council agreed to the amendment requested by Mayor Hunter. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to approve the staff recommendation including the adoption of resolution 99- 1578. The motion carried by unanimous voice vote. B. Consider Resolution No. 99 -1579, amending the Fiscal Year 1998/99 Budget by Allocating Funds to the Vector Control Division. Staff Recommendation: Adopt Resolution No. 99 -1579, amending the Fiscal Year 1998/99 Budget by allocating an additional $23,332 to the Vector Control Division (ROLL CALL VOTE REQUIRED), and provide direction to staff. Mr. Brand gave the staff report. Mayor Hunter suggested restricting the activities of the Vector Control Division to those consistent with their experience - not animal control. Minutes of the City Council Moorpark, California Page 8 March 3, 1999 Councilmember Evans requested that a mechanic evaluate the truck being considered for replacement. MOTION: Councilmember Evans moved and Councilmember Rodgers seconded a motion to adopt Resolution 99 -1579 with an amended budget amendment amount of $5,332.00 and deferring the replacement of a vehicle. The motion carried by unanimous roll call vote. C. Consider City Street Lighting Standards. Staff Recommendation: Direct staff as deemed appropriate. CONSENSUS: By consensus, the Council determined to continue this item to March 17, 1999; no action on Spring Road lighting to be taken until this matter is considered. D. Consider a Deferral of Certain Development Fees for the Westgate Plaza Development Project. Staff Recommendation: Direct staff as deemed appropriate. Mr. Nowak gave the staff report. Councilmember Evans staff report, which secure interest in Condition 6, that t the payment of the not needed. said that if Condition 5 of the states that the City obtains some the property, is fulfilled then he Redevelopment Agency guarantees development fees to the City, is A. DeeWayne Jones, 1055 Marine View, Moorpark, indicated he was present to answer any questions. CONSENSUS: By consensus, the Council determined to direct staff to work with the applicant on this item concurrently with the Redevelopment Agency item presented earlier this evening. E. Consider Approval of the Plans and Specifications for the 1999 Asphalt Overlay Project and Authorization to Advertise for Receipt of Bids. Staff Recommendation: That the City Council approve the plans and specifications and authorize staff to advertise for receipt of bids upon receipt of the authorization to proceed from Caltrans. Mr. Kueny gave the staff report in the absence of Mr. Gilbert. Minutes of the City Council Moorpark, California Page 9 March 3, 1999 Councilmember Harper said that many of the cul -de- sacs in Mountain Meadows have cracks down the ridge of the street. He asked if that was from subsidence. Mr. Kueny responded to Councilmember Harper that staff would look at that problem and prepare a box item on the City's Crack Seal Program. In response to Councilmember Harper, Mr. Kueny said that staff would talk to Caltrans regarding the uneven surface on New Los Angeles Avenue. In response to Councilmember Wozniak, Mr. Kueny said the plan for Gabbert Road is to have the developer of Specific Plan No. 1 reconstruct it, south from the future Casey Road. He said that staff would take a look at options and prepare a box item report for the Council. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to approve the plans and specifications and authorize staff to advertise for receipt of bids upon receipt of the authorization to proceed from Caltrans. The motion carried by unanimous voice vote. F. Consider Resolution No. 99 -1580 Establishing an Endowment Trust Fund. Staff Recommendation: Adopt Resolution No. 99 -1580 establishing an Endowment Trust Fund. Mr. Nowak gave the staff report. MOTION: Councilmember Harper seconded a motion establishing an Endowment by unanimous voice vote. 11. CONSENT CALENDAR: Wozniak moved and Councilmember to adopt Resolution No. 99 -1580 Trust Fund. The motion carried MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to pull items 11.A., the Minutes of December 16, 1998, 11.D., 11.F and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California Page 10 March 3, 1999 A. Consider Approval of Minutes of the February 24, 1999 Adjourned City Council Meeting. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of Warrant Register of March 3, 1999. Fiscal Year 1998/99 Manual Warrants 43758 - 43764 $22,887.16 Voided Warrant 43516 $ (27.00) Regular Warrants 43865 - 43902 - D $336,060.40 43903 - 43953 - V $ 52,474.39 C. Consider Rescheduling Joint City Council /Planning Commission and Joint City Council /Parks and Recreation Commission Meetings in March 1999 and Postponement of Citizen Recognition Event. Staff Recommendation: 1) Cancel the special meeting planned for March 10, 1999, schedule the joint City Council /Parks and Recreation Commission meeting for March 24, 1999 at 7:00 p.m., and schedule the joint City Council /Planning Commission meeting for March 31, 1999 at 7:00 p.m.; and 2) Direct staff to meet with the Citizen Recognition Ad Hoc Committee to reschedule the Citizen Recognition Event and develop budget recommendations. E. Consider the Aouroval of Additional Soil Import and Pad Elevation Changes for CPD 96 -3 and CUP 96 -2 (A. Deewayne Jones, D.D.S.). Staff Recommendation: 1) Approve the request for the import of an additional 4,762 cubic yards of soil (total import of 8,762 cubic yards after approval of grading permit); and 2) Approve the request for the increase in pad elevations as specified in the report. G. Consider a Deferral of the Tax Equity Fiscal Responsibility Act Hearing. Staff Recommendation: That the City Council defer the Tax Equity Fiscal Responsibility Act hearing for Archstone Communities to the regular Council meeting of April 7, 1999. Minutes of the City Council Moorpark, California Page 11 March 3, 1999 The following items were pulled from the Consent Calendar for individual consideration: A. Consider Approval of Minutes of the December 16, 1998 Regular City Council Meeting. Mayor Hunter indicated that he pulled this item for a correction to be made to the vote on page 20, Item 11.A. He said the vote should read "4 -0, Councilmember Harper abstaining." MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to approve the minutes as amended. The motion carried by unanimous voice vote. D. Consider an Agreement between the City of Moorpark and the Simi Valley Landfill and Recycling Center for Local Street Access. Staff Recommendation: Approve the Agreement between the City and Simi Valley Landfill and Recycling Center regarding Local Street Access, subject to final language changes by the City Manager and City Attorney, and authorize the Mayor to execute the Agreement. Mr. Kueny gave the staff report. He said he wanted to inform the Council that one change that had come forward from Waste Management was that they can unilaterally assign the agreement to another affiliate. He said staff had no concerns with this change but just wanted the Council to be aware of it. In response to Councilmember Harper, Mr. Brand said he would follow -up to make sure the refuse trucks hauling through town were covered. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to approve the Agreement between the City and Simi Valley Landfill and Recycling Center regarding Local Street Access, subject to final language changes by the City Manager and City Attorney, and authorize the Mayor to execute the Agreement. The motion carried by unanimous voice vote. F. Consider Agreement with PICON for Senior Center Expansion Project Management. Staff Recommendation: Authorize the City Manager to execute an Agreement with PICON for Senior Center Expansion project management at a cost not to exceed $27,300. Minutes of the City Council Moorpark, California Page 12 March 3, 1999 In response to Councilmember Evans, Ms. Lindley said the sliding doors are still a bid alternate. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to authorize the City Manager to execute an agreement with PICON for the Senior Center Expansion project management at a cost not to exceed $27,300. The motion carried by unanimous voice vote. 12. ORDINANCES: None. 13. CLOSED SESSION: MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to adjourn to Closed Session for a discussion of the following items: D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark, et al F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, LTD., a limited partnership vs. City of Moorpark The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 11:05 p.m. The Council reconvened into Closed Session at 11:08 p.m. Present in Closed Session were all Councilmembers and Steven Kueny, City Manager; John Nowak, Assistant City Manager; and Cheryl Kane, City Attorney. Councilmember Harper left the room during the discussion of 13.D. and 13.E. Minutes of the City Council Moorpark, California Page 13 March 3, 1999 The Council recessed at 11:15 p.m. to reconvene the Agency. The Council reconvened into Closed Session at 11:36 p.m. The Council adjourned from Closed Session at 12:19 a.m. Mr. Kueny stated that items 13.D., 13.E. and 13.F. were discussed and there was no action to report. 14. ADJOURNMENT: Mayor Hunter adjourned the meeting at 12:19 a.m. atrick Ijunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk