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HomeMy WebLinkAboutMIN 1999 0217 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California February 17, 1999 A Regular Meeting of the City Council of the City of Moorpark was held on February 17, 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 7:16 p.m. 2. INVOCATION: Silent Moment of Reflection 3. PLEDGE OF ALLEGIANCE: Captain Mike Lewis 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; Ken Gilbert, Director of Public Works; Captain Mike Lewis, Sheriff's Department; Nelson Miller, Director of Community Development; Don Reynolds, Administrative Services Manager; Dirk Lovett, Assistant City Engineer; Nancy Burns, Senior Management Analyst; John Brand, Senior Management Analyst; Wayne Loftus, Planning Manager and Deborah Traffenstedt, City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Recognition of Outgoing Planning Commissioner Ernesto Acosta and Parks and Recreation Commissioner Janice Parvin. Mayor Hunter presented Ms. Parvin a Certificate of Recognition. Mr. Acosta was not present to receive his certificate. Minutes of the City Council Moorpark, California Page 2 B. Recognition of Bill LaPerch February 17, 1999 Councilmember Evans presented Mr. LaPerch with a Certificate of Recognition for his special contributions to the community during his many years as a resident of the City. C. Introduction of New City Employees, Blanca Garza and Stephen Kearns Mayor Hunter recognized Ms. Garza as the new Deputy City Clerk I and Mr. Kearns as the new Planning Technician. D. City Manager's Monthly Report Mr. Kueny introduced Captain Lewis who recapped recent activities of the Moorpark Police Department in helping Vortek Engineering recover stolen property, arresting a "Peeping Tom" and apprehending the authors of hate mail sent via the Internet to a Moorpark High School teacher. 6. PUBLIC COMMENTS: None. AT THIS POINT in the meeting the City Council adjourned to convene the Redevelopment Agency. The time was 7 :32 p.m. The City Council reconvened at 8:00 p.m. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: By consensus, the Council determined to reorder the agenda to take item 10.H. as the first Presentation /Action /Discussion item. CONSENSUS: By consensus, the Council determined to pull item ll.C. from the Consent Calendar as requested by Mayor Hunter and Councilmember Harper. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Evans requested a future discussion on Council policy regarding having only two Council meetings a month and the current format of the agenda for meetings. Minutes of the City Council Moorpark, California Page 3 February 17, 1999 Mayor Hunter requested a future discussion on the City's Sexual Harassment Policy. He also requested a box item relative to an annual goal setting process similar to the process used by the cities of Simi Valley and Ventura. Mayor Hunter announced the upcoming Teen Ski Trip on Saturday, February 20; the public auction of surplus items to be held on Saturday March 13; and that applications for the Library Advisory Committee are available at City Hall and must be received by the City before 5:00 p.m. on February 26. 9. PUBLIC HEARINGS: The following items were called to order concurrently: A. Consider Proposals for Community Development Block Grant (CDBG) Funds ($195,774) for FY 1999/2000. Staff Recommendation: 1) Open public hearing and receive public testimony for consideration in the appropriation of FY 1999/2000 CDBG funds estimated to total $195,774; close public hearing; 2) Refer this matter to the Budget and Finance Committee for review, directing the Committee to prepare a recommendation for final appropriations for Council's consideration at the regular meeting scheduled for March 17, 1999; and 3) Continue this item to the meeting of March 17, 1999. B. Consider the Reallocation of Current and Prior Year Community Development Block Grant Funds. Staff Recommendation: Reallocate $75,000 from the housing assistance program to the economic development loan and grant program (ROLL CALL VOTE REQUIRED). Ms. Burns and Mr. Nowak gave staff reports. Mayor Hunter opened the public hearing for both Item 9.A. and Item 9.B. Pamela Schuman, 1841 Knoll Dr., Ventura, addressed the Council and requested Community Development Block Grant funds for the Long Term Care Ombudsman Program. Kathleen Eastlack, 2220 Ventura Blvd., Camarillo, addressed the Council and requested Community Development Block Grant funds in the amount of $10,000 for the Senior Nutrition Program. Minutes of the City Council Moorpark, California Page 4 February 17, 1999 Kathleen Eastlack for Wendy Fisch, Poli Street, Ventura, addressed the Council and requested Community Development Block Grant funds for the Senior Survivor Mobile. Jim Mangis, 4156 N. Southbrook Rd., Oxnard, addressed the Council and requested Community Development Block Grant funds for the Food Share Program in the amount of $5,000. Kathy Jenks, 600 Aviation Dr., Camarillo, addressed the Council and requested Community Development Block Grant funds for the Rain Project (homeless shelter). Kathy Sube, 1065 E. Main St., Ventura, addressed the Council and requested Community Development Block Grant funds for the Turning Point Foundation (shelter for the mentally ill). Scott Mosher, 280 Casey Road, Moorpark, addressed the Council and requested Community Development Block Grant funds for the Boys & Girls Club of Moorpark. Gretchen Bradrica, 1305 Del Norte Rd., Camarillo, addressed the Council and requested Community Development Block Grant funds for Interface (24 -hour services for individuals in crisis) . She said they served 2,300 persons in Moorpark last year. In response to Councilmember Harper, Ms. Bradrica said that a directory of social services available in the County could be obtained by calling 485 -6114 ext. 644. Mary Ann Decaen, 77 First Street, Moorpark, addressed the Council and requested Community Development Block Grant funds for Catholic Charities. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to close the public hearing on Item 9.A. and refer this matter to the Budget and Finance Committee for review, directing the Committee to prepare a recommendation regarding final appropriations for the Council's consideration at the regular meeting scheduled for March 17, 1999. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 8:55 p.m. The Council reconvened at 9:20 p.m. Minutes of the City Council Moorpark, California Page 5 February 17, 1999 The Council returned to a discussion of 9.B. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to approve a $75,000 reallocation from the Housing Assistance Program to an Economic Development Loan and Grant Program. The motion carried by unanimous roll call vote. 10. PRESENTATION /ACTION /DISCUSSION: H. Consider Land Use and Circu Analysis for Specific Plan No. Recommendation: Authorize the specific plan based upon the use plan and analysis in the identified in the staff report. lation Alternatives for 1 (Hitch Ranch). Staff preparation of a draft proposed preferred land EIR of the alternatives Mr. Miller deferred the staff report. William Miller, 8380 Stockton Rd., addressed the Council and said that he felt the proposed development would impact the City negatively especially relative to traffic congestion. Dennis Hardgrave, 651 via Alondra, Camarillo, addressed the Council as the applicant. He said he requested that the proposed workshop to be held jointly with the Planning Commission be a meeting that would allow for dialogue with the developer. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to continue this item to the upcoming joint meeting of the City Council and Planning Commission. The motion carried by unanimous voice vote. A. Consider the Annual City Legislative Program Report (Continued from February 3, 1999). Staff Recommendation: Approve the Legislative Program for the year 1999. Mr. Nowak gave the staff report. MOTION: Councilmember Wozniak moved and Councilmember Rodgers seconded a motion to approve the Legislative Program for 1999. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 6 February 17, 1999 B. Consider Appointment to the Area Housing Authority of the County of Ventura. Staff Recommendation: Appoint one Commissioner to the Area Housing Authority for a four -year term to expire February 2003. MOTION: Mayor Hunter moved and Councilmember Harper seconded the motion to appoint Jay Flashner to the Area Housing Authority of the County of Ventura. The motion carried by unanimous roll call vote. C. Consider Appointment to the Citizen Transportation Advisory Committee /Social Services Transportation Advisory Council. Staff Recommendation: Appoint Dr. Rosanne Mikos as the City's representative to the Citizens Transportation Advisory Committee /Social Services Transportation Advisory Council. Mr. Brand gave the staff report. MOTION: Mayor Hunter moved and Councilmember Harper seconded the motion to appoint Roseann Mikos to the Citizen Transportation Advisory Committee /Social Services Transportation Advisory Council The motion carried by unanimous roll call vote. D. Consider Overnight Parking Options at the Moorpark Rail Station Parking Lots. Staff Recommendation: 1) Provide direction to staff regarding overnight parking at the Metrolink station and /or 2) Adopt Resolution No. 99- 1575, establishing revised restrictive parking regulations to permit limited overnight parking in the south Metrolink parking lot, and rescinding Resolutions 92 -888 and 98 -1513 and /or 3) Approve overnight parking for rail passengers at the north parking lot of the Moorpark Rail Station, in accordance with Resolution 92 -831, and direct staff to cause proper signs to be placed at the station on both lots as appropriate to identify where overnight parking is allowed and /or 4) Direct staff to request funding from VCTC in their next budget for an overnight (8:00 p.m. to 4:00 a.m.) security guard at the Moorpark station. Mr. Brand gave the staff report. Councilmember Wozniak said that in his discussions with Ginger Girardi of the Ventura County Transportation Commission (VCTC), she indicated that she would support Minutes of the City Council Moorpark, California Page 7 February 17, 1999 the funding of a an overnight security guard for the Moorpark Metrolink Station in the next VCTC budget. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to adopt Resolution 99 -1575, establishing revised restrictive parking regulations to permit limited overnight parking in the south Metrolink parking lot, and rescinding Resolutions 92 -888 and 98 -1513; to approve overnight parking for rail passengers at the north parking lot of the Moorpark Rail Station, in accordance with Resolution 92 -831, and to direct staff to cause proper signs to be placed at the station on both lots as appropriate to identify where overnight parking is allowed; and to direct staff to request funding from VCTC in their next budget for an overnight (8:00 p.m. to 4 :00 a.m.) security guard at the Moorpark station. The motion carried by unanimous voice vote. E. Consider Update on Lighting Issues Relating to Commercial Planned Development No. 95 -1 (Marketplace Properties) at the Northwest Corner of Tierra Rejada Road and Spring Road. Staff Recommendation: Direct staff as deemed appropriate. Mr. Miller gave the staff report. Councilmember Harper said that one issue not addressed in the staff report is the color temperature of the lights. He also said better shielding of the lights is needed. He said that traffic lights are hard to see because of the brightness of the lights. James Coen, 11868 Alderbrook St. said the lights are overwhelming at this location and need to be changed. Kevin Mauch, 13906 Keisha Drive said that the lights on the site do not have a sharp cut -off quality and there is upward light spillage. He said the lights are unacceptable. Joe Ahearn, 484 E. Los Angeles Avenue, said that the lights are a problem but said the applicant originally submitted a lighting plan using a different light fixture but was required by the City to use the type now installed. Mike Rue, representing Marketplace Properties, 13522 Newport Avenue, Suite 202, Tustin, said that the light Minutes of the City Council Moorpark, California Page 8 February 17, 1999 fixture originally selected was rejected by the City in favor of light fixtures like those used at the Lucky Center. He said the originally proposed light fixture would have only required 15 light heads. He said the new light fixtures require three times as many lights and cost an additional $50,000. He said if he lived near the project, he would not like the lights. He said the problem would be fixed to the extent possible at his expense. Councilmember Harper said that the Lucky Shopping Center light fixtures do not allow light spillage. Councilmember Rodgers said she is concerned that the lights be turned off at 10:30 p.m. as per the permit. Mr. Rue said that all but security lighting would be turned off at 10:30 p.m. He said approximately one out of every four lights would be left on as security lighting. Mr. Kueny suggested that Mr. Rue's representative meet with the Police Department regarding what lighting is needed for security purposes. CONSENSUS: By consensus, the Council determined to proceed as Mr. Kueny suggested above. Councilmember Rodgers indicated her dismay that the Council was assured that if the building of a Rite Aid Drug Store were permitted on this site, the other Rite Aid Drug Store in town would not be closed. Mr. Rue said that he told the truth as he knew it at that time. He said the closing of the Rite Aid in the downtown area was a subsequent change by the Rite Aid corporate management. F. Consider Issues Relating to County Greenbelt Implementation Program and County Study of Agricultural Compatible Uses. Staff Recommendation: Direct staff as deemed appropriate. Mr. Miller gave the staff report. Councilmember Harper suggested referring this matter to the Planning Commission for study. Minutes of the City Council Moorpark, California Page 9 February 17, 1999 CONSENSUS: By consensus, the Council determined to refer this matter to the Planning Commission for study. Mr. Kueny suggested that the Planning Commission be given as a timeline coming back with a recommendation by the second meeting in April. CONSENSUS: By consensus, the Council determined to proceed as Mr. Kueny suggested above. Councilmember Rodgers suggesting that the Planning Commission be directed to focus on allowable uses in the greenbelt zone. CONSENSUS: By consensus, the Council determined to Direct the Planning Commission to focus on allowable uses in the greenbelt zone. Councilmember Harper said that the Planning Commission should also look at the effect of SOAR. CONSENSUS: By consensus, the Council directed the Planning Commission to look at the effect of SOAR. G. Consider Update on E1 Rodeo Restaurant (79 E. High Street). Staff Recommendation: Direct staff as deemed appropriate. Mr. Miller gave the staff report. In response to Mayor Hunter, Mr. Miller said that the owners would like to extend operating hours to 11:00 p.m. and retain the pool table. Isaias and Javier Hernandez, 79 High Street, owners of the E1 Rodeo Restaurant, addressed the Council through an interpreter. They requested an 11:00 p.m. closing time and the retention of the pool table. Councilmember Harper said that he opposed the extension of the operating hours to 11:00 p.m. as most of the incidents that have occurred, have occurred about 11:00 P.m. Councilmember Wozniak suggested allowing the pool table and a closing time of 10:00 p.m. Minutes of the City Council Moorpark, California Page 10 February 17, 1999 In response to Councilmember Rodgers, Mr. Miller said that the owners' reason for not removing the bar at present was the significant cost to do so when they are not yet making very much money. Mayor Hunter suggested that the bar be removed and replaced with more tables, the pool table be allowed and the closing time be amended to 10:00 p.m. In response to Mayor Hunter, Mr. Miller said that the current permit can be amended by a noticed administrative hearing. Mr. Kueny noted that the director's decision could be appealed to the Planning Commission. CONSENSUS: By consensus the Council directed staff to hold an administrative hearing to amend the current administrative permit to amend the closing time to 10:00 p.m. and to direct the removal of the bar; staff to determine a reasonable length of time for the removal of the bar during the administrative hearing. AT THIS POINT in the meeting the Council recessed. The time was 10 :46 p.m. The Council reconvened at 10 :55 p.m. I. Consider City Council Resolution No. 99- , Authorizing the City to Obtain State Summary Criminal History Information of Prospective Employees and Volunteers. Staff Recommendation: Adopt Resolution No. 99- Ms. Traffenstedt gave the staff report. Mayor Hunter said that he would like to know if violations other than those identified in the report could be included in the list which would be considered grounds for not hiring. He said he would like to work with staff to determine if additional Penal Code violations can be added. CONSENSUS: By consensus, the Council determined to continue this item off calendar to allow staff to work with the Mayor on the criminal background check policy. J. Consider Adopting Revised City Council Policies Resolution and Rescinding Resolution No. 98 -1509. Staff Recommendation: Adopt Resolution No. 99- Minutes of the City Council Moorpark, California Page 11 February 17, 1999 In response to Mayor Hunter, Ms. Traffenstedt confirmed that the Council Policies Resolution that would adopt the Criminal History Background Check Policy should be continued concurrently with Item 10.I. She said this resolution would also adopt the Sexual Harassment Policy that the Mayor indicated he would like to work with staff on. CONSENSUS: By consensus, the Council determined to continue this item off calendar to allow staff to work with the Mayor on the Criminal History Background Check and Sexual Harassment Policies; this item to be brought back concurrently with item 10.I. K. Consider Co- Sponsorship of First -time Home Buyer Workshops. Staff Recommendation: Direct staff as deemed appropriate. Mr. Nowak gave the staff report. MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to approve the co- sponsorship of the proposed First -time Home Buyer Workshops and to waive the fees normally charged for room rental in the Community Center on two consecutive Saturdays in April. The motion carried by unanimous voice vote. L. Consider Resolution No. 99 -1576, Granting Authority for the Settlement of Minor Claims. Staff Recommendation: Adopt Resolution No. 99 -1576, authorizing the City Manager to settle claims with an estimated cost not to exceed $2,500. Mr. Reynolds gave the staff report. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to approve Resolution 99 -1576, authorizing the City Manager to settle claims with an estimated cost not to exceed $2,500. The motion carried by unanimous voice vote. M. Consider Approving Assistance with the Refinancing of Bonds for Archstone Communities and Setting a Date for a Tax Equity Fiscal Responsibility Act Hearing. Staff Recommendation: Approve providing assistance for Archstone Communities' proposed refinancing of bonds Minutes of the City Council Moorpark, California Page 12 February 17, 1999 for Le Club Apartments and set the TEFRA hearing for March 17, 1999. Mr. Nowak gave the staff report. Councilmember Harper indicated he could support the staff recommended action as long as the City would be recovering all costs. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to approve the staff recommendation to approve providing assistance for Archstone Communities' proposed refinancing of bonds for Le Club Apartments and set the TEFRA hearing for March 17, 1999. The motion carried by unanimous voice vote. N. Consider Permit Processing Policies Related to New Uses Proposed in Existing Buildings. Staff Recommendation: Direct staff as deemed appropriate. Mayor Hunter said that the City needs a policy to address a logical way to transition to a new use in an existing commercial building. He said the City should be creative in order to revitalize High Street and Moorpark Avenue. Mr. Kueny said that there are really two situations to be addressed, considering a new commercial use where there is an existing commercial use and considering a current residential use being changed to a commercial use where commercial zoning exists. He said that relative to an existing commercial use, a new similar use allowed in the zone could be permitted under a zoning clearance. Councilmember Harper said that he favors a streamlined permitting process in the Redevelopment Project Area. He asked if a mechanism could be developed by which staff would be allowed to process the new use permit, within certain perimeters, without the additional step of Planning Commission or City Council approval. He said a box item could be prepared for the City Council allowing an individual City Councilmember time to challenge the decision and bring the matter to the full Council for a decision. Mayor Hunter suggested having the Council Community Development Committee look at the conversion issues Minutes of the City Council Moorpark, California Page 13 February 17, 1999 such as residential to commercial uses and streamlining the permitting process for the Redevelopment Agency Area. In response to Mayor Hunter, Ms. Traffenstedt said that one Written Statement Card was received regarding this agenda item from Dr. G. Sanchez, who asked that the Council "consider some different proposal where there would be a Zoning Clearance for a new dental office." CONSENSUS: By consensus, the Council determined to refer this matter to the Council Community Development Committee for a report on conversion issues to be brought back to the full Council; and to direct staff to process allowed uses within the Downtown Specific Plan as a zoning clearance. 0. Consider Supporting Legislation Related to Domestic Violence. Staff Recommendation: Take such action as deemed appropriate. Mayor Hunter said this proposed change to state law would require police officers to inquire about the presence of weapons when they respond to a domestic violence incident. MOTION: Mayor Hunter moved and Councilmember Evans seconded a motion to authorize the Mayor to send a letter of support. The motion carried by unanimous voice vote. 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to pull item 11.C. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of the February 3, 1999 Special City Council Meeting. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of Warrant Register of February 17 1999. Fiscal Year 1998/99 Manual Warrants 43752 - 43757 $ 22,812.37 Minutes of the City Council Moorpark, California Page 14 February 17, 1999 Voided Warrants Regular Warrants 40869 & 41095 41266 43761 - 43789 - D 43790 - 43860 - V $ (240.00) $ 59,374.91 $ 157,717.98 D. Consider the FY 1997 -98 Annual Financial Report and Single Audit Report. Staff Recommendation: Receive and file the City's Annual Financial Report and Single Audit Report for the year ending June 30, 1998. E. Consider Resolution No 99 -1577, Amending the FY 1998/99 Budget for the Construction of Eight Lighted Tennis Courts at Arroyo Vista Community Park. Staff Recommendation: Adopt Resolution No. 99 -1577, amending the FY 1998/99 Budget for the construction of eight lighted tennis courts at Arroyo Vista Community Park (ROLL CALL VOTE REQUIRED). F. Consider Status of Playground Equipment at Glenwood Park. Staff Recommendation: Declare the playground equipment at Glenwood Park and Griffin Park, scheduled for removal, as surplus, and authorize staff to dispose of them. G. Consider Issues Relating to Environmental Effects of Potential Changes to Moorpark Highlands Specific Plan Project (Specific Plan No. 95 -2 /Specific Plan No. 2, General Plan Amendment No. 95 -2, and Zone Change 95 -4), Applicant: Morri son- Fount ainwood- Agoura (Continued from February 3, 1999). Staff Recommendation: Receive and file report. The following item was pulled from the Consent Calendar for individual consideration: C. Consider Reconsideration of Approval of August 19, 1998, Regular City Council Meeting Minutes and Reconsideration of Vote on October 7, 1998. Staff Recommendation: 1) Reconsider approval of August 19, 1998, Regular City Council Meeting minutes; and 2) Reconsider vote on October 7, 1998, and adopt the corrected minutes as processed. Mayor Hunter said he would be abstaining, as he was not present at the meeting. Minutes of the City Council Moorpark, California Page 15 February 17, 1999 Councilmember Harper said he would be abstaining, as he was not a member of the City Council at the time of the meetings. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to approve the staff recommendation. The motion carried by voice vote 3 -0, Mayor Hunter and Councilmember Harper abstaining. 12. ORDINANCES: A. Consider Ordinance No. 251, An Ordinance of the City of Moorpark, California, Adding Chapter 8.56, Tobacco Advertising Prohibited in Certain Areas of the City, to Title 8 of the Moorpark Municipal Code. Staff Recommendation: Waive full reading and declare Ordinance No. 251 read for the second time and adopted as read. Ms. Traffenstedt read the ordinance title. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to waive further reading. The motion carried by unanimous voice vote. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to declare Ordinance No. 251 read for the second time and adopted as read. The motion carried by unanimous voice vote. B. Consider Ordinance No. 252, An Ordinance of the City of Moorpark, California, Adding Chapter 8.60, Alcohol Advertising Prohibited in Certain Areas of the City, to Title 8 of the Moorpark Municipal Code. Staff Recommendation: Waive full reading and declare Ordinance No. 252 read for the second time and adopted as read. Ms. Traffenstedt read the ordinance title. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to waive further reading. The motion carried by unanimous voice vote. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to declare Ordinance No. 252 read for the second time and adopted as read. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 16 February 17, 1999 13. CLOSED SESSION: None was held. 14. ADJOURNMENT: MOTION: Councilmember Rodgers moved and Councilmember Wozniak seconded a motion to adjourn to February 24 at 5:00 p.m. The motion carried by unanimous voice vote. The time was 11:28p.m. n / atrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk