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HomeMy WebLinkAboutMIN 2000 1018 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California October 18, 2000 A Regular Meeting of the City Council of the City of Moorpark was held on October 18, 2000 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 6:40 p.m. 2. INVOCATION: Tony Amatangelo, Pastor, Life Spring Community Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Captain Frank O'Hanlon, Chief of Police, led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Evans (arrived at 6:53 p.m.), Harper, Rodgers, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Cheryl Kane, City Attorney; Hugh Riley, Assistant City Manager; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; John Libiez, Planner Manager; Paul Porter, Principal Planner; Dana Shigley, Administrative Services Director; Walter Brown, City Engineer; Captain Frank O'Hanlon; Deborah Traffenstedt, City Clerk; and Blanca Garza, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Introduction of new city employee, Julie Hernandez, Senior Management Analyst (Economic Development). Mayor Hunter introduced Julie Hernandez, Senior Management Analyst, Economic Development. B. Proclamation Recognizing October as Domestic Violence Awareness Month. Minutes of the City Council Moorpark, California Page 2 October 18, 2000 Mayor Hunter presented a proclamation to Modean McCullough, Professor of Women's Studies at Moorpark College and representative of the Domestic Violence Task Force, recognizing October as Domestic Violence Awareness Month. C. City Manager's Monthly Report Mr. Kueny deferred the report. 6. PUBLIC COMMENT: Eloise Brown, 13193 Annette Street, discussed the acceptance of applications and interviews for Moorpark Longs Drugs taking place in Simi Valley. She requested the Council address the matter. She questioned why parking was occurring next to red painted curbs in that center. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.) 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Harper requested an item on the agenda regarding the California State Parks Office of Historic Preservation hearing scheduled for November 3, 2000, on the Tanner wall located at 601 Moorpark Avenue. He stated he would like the City to take a position on the issue. He discussed traffic signal timing concerns at the State Route 118 and Lewis Road intersection and requested staff contact Caltrans regarding the signal. Mr. Kueny indicated staff would discuss the matter with Caltrans. Councilmember Evans suggested staff request postponement of the Tanner wall hearing on November 3, 2000. Mayor Hunter announced that absent voter applications could be applied for until October 31, 2000. He stated Flu Shots were available for at risk seniors, 55 and older, at the Senior Center. Councilmember Evans reminded the community about the Monster Maze at Tierra Rejada Ranch. Minutes of the City Council Moorpark, California Page 3 9. PUBLIC HEARINGS: October 18, 2000 A. Consider General Plan Amendment (GPA) 99 -2 to Change the Land Use Designation From C -2 to VH and OS -2; GPA 99 -5 to Change the Land Use Designation From C -2 to I -2; Zone Change 99 -4 to Change the Zoning Designation from CPD to RPD -7.6 and OS; and Zone Change 99 -5 to Change the Zoning Designation From CPD to M -2 on the Application of Pacific Community Builders (GPA 99 -2 and ZC 99 -4) and Triliad Development Inc. (GPA 99 -5 and ZC 99 -5). Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Consider the Negative Declaration prepared for the requested General Plan Amendments and Zone Changes prior to making a decision on the General Plan Amendments and Zone Changes; 3) Adopt Resolution No. 2000 -1782 approving General Plan Amendment No. 99 -2 and 99 -5; and 4) Introduce Ordinance No. 269 approving Zone Change No. 99 -4 and Ordinance No. approving Zone Change No. 99 -5 for first reading. Mr. Porter gave the staff report. In response to Councilmember Harper, Mr. Porter explained that an 8 -foot wall would be required to be built adjacent to the commercial zoned property and that there was an issue regarding the existing wall for the Mobil Gas Station being located 5 feet north of the actual property line. Mayor Hunter opened the public hearing. Nelson Chung, 1000 Dove Street, Newport Beach, Pacific Communities, discussed the proposed subdivision and property acquisition issues related to the adjacent Mobil Gas Station surveyor error. Valerie Draeger, 270 Conejo Ridge, #200, Thousand Oaks, 91361, Triliad Development, discussed their acquisition of the former Bugle Boy property. She requested the zoning be reverted to the original zoning of M -2 (Limited Industrial). She stated they had renamed the park, Moorpark West Corporate Center. She indicated she was available to answer questions. Steve Arnold, 4909 N. Buttercreek Road, provided a summary of development issues regarding the property that —' was now proposed for M -2 zoning. He suggested separating the zone change requests for the industrial and residential projects. He expressed concern about Minutes of the City Council Moorpark, California Page 4 October 18, 2000 increased truck traffic caused by an industrial development. Mayor Hunter explained why the projects were combined based on the State law limitation of the number of General Plan Amendments that may be approved per year. Rick Penprase, 4925 N. Buttercreek Road, asked the meaning of a General Plan designation of Medium Industrial. He stated the proposal was for huge buildings, located across from residential. He asked what was proposed to be done regarding noise attenuation for the residential neighborhood. In response to Mayor Hunter, Mr. Porter stated a traffic analysis was conducted based on the existing General Plan designation and zoning, which study concluded that there would be less traffic for industrial uses versus commercial. Mr. Kueny explained that the surrounding area was similarly designated as Medium Industrial, but that most of the industrial area in the City had developed in the Light Industrial category. He stated the project was designed to be similar to the Condor Drive and Science Drive areas. In response to Councilmember Evans, Mr. Porter stated that the traffic study identified the number of trips per day, versus whether truck trips would increase. Councilmember Evans stated it was logical that truck traffic would be increased. In response to Councilmember Harper, Mr. Kueny stated it was his opinion that there was sufficient commercially zoned property along Los Angeles Avenue. In response to Councilmember Rodgers, Mr. Kueny explained the types of uses allowed in M -1 and M -2 zones. In response to Mayor Hunter, Mr. Kueny discussed other comparable M -2 zoned properties within the City. In response to Councilmember Rodgers, Ms. Draeger explained that the project was proposed to be a higher - end industrial park. She stated a meeting would be held with the nearby residential property owners prior to the industrial planned development project coming before the Council. She stated they did not yet have signed tenants. Minutes of the City Council Moorpark, California Page 5 October 18, 2000 In response to Councilmember Rodgers, Mr. Kueny stated the proposed project would be allowed in the M -1 zone. He stated it would be necessary to re- advertise the project and return it to the Planning Commission if the Council wanted to consider a different land use designation and zoning. Mayor Hunter stated the Council could further restrict uses within a zone if there was an agreement with the property owner. In response to Mayor Hunter, Mr. Kueny stated the two General Plan amendment projects could be separated. Mayor Hunter stated that was the best alternative, because there were no objections on the residential amendment. Mr. Kueny explained the procedure necessary to continue one component. Mayor Hunter suggested closing the public hearing and re- _ advertising the Triliad General Plan Amendment and Zone Change. Councilmember Evans concurred with continuing the Triliad General Plan Amendment and Zone Change. He expressed concern about the increased truck traffic that would be generated by the development. Mr. Kueny requested direction as to a date to re- advertise the public hearing. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 2000 -1782, approving GPA 99 -2, and striking all reference to GPA 99 -5. The motion carried by unanimous voice vote. Ms. Kane read the ordinance title for Ordinance No. 269. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to waive further reading. The motion carried by unanimous voice vote. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to declare Ordinance No. 269 introduced for first reading. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 6 October 18, 2000 CONSENSUS: By consensus, the Council directed staff to readvertise GPA 99 -5 and ZC 99 -5 for a public hearing on November 15, 2000. B. Consider Vesting Tentative Tract Map No. 5204 to Create 37 Residential Lots, and Residential Planned Development Permit No. 99 -4 for 37 Residential Units on 4.8 Acres of Land on the South Side of Los Angeles Avenue in the Vicinity of Liberty Bell Road on the Application of Pacific Communities (Assessor's Parcel No. 506- 0 -050- 505). Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Consider the Mitigated Negative Declaration prepared for the requested Residential Planned Development Permit and Vesting Tentative Tract Map prior to making a decision on this project; and 3) Adopt Resolution No. 2000 -1783 approving Vesting Tentative Tract Map No. 5204 and Residential Planned Development Permit No. 99 -4 after a decision has been made on General Plan Amendment No. 99 -2 and Zone Change 99 -4. Mr. Porter gave the staff report. He explained that Condition No. 29, dealing with a waste dump site, could remain, but that the County of Ventura Environmental Health Division would not enforce the condition, because it was found the condition was not applicable. He stated Condition No. 21 could be amended to add: "In the event the Director of Community Development requires the adjacent property owner to the north (Mobil Gas Station) to remove the existing wall, located approximately 5 -feet north of the existing southerly property line, the Director of Community Development shall have the authority to modify or eliminate this condition." Mr. Brown suggested amending Condition No. 71 to change the half- street right -of -way width from 30 feet to 34 feet and the half - street pavement width from 20 feet to 24 feet. He stated Mr. Chung was requesting revision to Condition No. 72 to allow an alternate but equivalent geometry for the street termination, the exact resolution of that geometry to be worked out with the City Engineer. He indicated he concurred with the request. He discussed Condition No. 75 and recommended the condition remain as written. Nelson Chung, 1000 Dove Street, Newport Beach, discussed Conditions Nos. 21 and 182 and requested that he not be required to acquire the commercial property to correct a property line error that occurred when the Mobil Station Minutes of the City Council Moorpark, California Page 7 October 18, 2000 was constructed. He stated he was continuing to work with that property owner to determine whether acquisition was feasible. He requested Condition No. 72 be amended, as discussed by the City Engineer, to allow flexibility in the design. He indicated agreement with the other conditions. Mayor Hunter stated he still found Condition No. 21 to be too restrictive even with the proposed language by Mr. Porter. He stated the Mobil Gas station had a private land use dispute. Councilmember Harper agreed and suggested directing staff to work with both property owners to resolve the problem. He proposed changing Condition No. 21 to read: "Final design and placement of the northern perimeter wall will be approved by the Director of Community Development." CONSENSUS: By consensus, the Council amended Condition No. 21 to read: "Final design and placement of the northern perimeter wall will be approved by the Director of Community Development." Ms. Traffenstedt clarified that Condition No. 182 would also be revised to be consistent with Condition No. 21. CONSENSUS: By consensus, the Council directed staff to amend Condition No. 182 to make it consistent with Condition No. 21. In response to Councilmember Harper, Mr. Porter explained that correspondence was received from Environmental Health indicating no hazardous materials remained on the site and the recommendation would be to close the file on the site. He stated it would not hurt to maintain Condition No. 29, but that there would likely be no enforcement. Mr. Chung accepted the staff recommendation. CONSENSUS: By consensus, the Council agreed to maintain Condition No. 29 as written. Mr. Kueny clarified the intent of Condition No. 71, that parking would not be allowed on the west side but would be accommodated with a 12 -foot area that would include a bike lane on the east side of Liberty Bell Road. CONSENSUS: By consensus, the Council revised Condition No. 71 to read as follows: "... Liberty Bell Road shall be designed per Minutes of the City Council Moorpark, California Page 8 October 18, 2000 Ventura County standard plate B -4A. The half- street right -of- way width shall be thirty -four (34) feet. The half - street pavement width shall be twenty -four (24) feet. " Mayor Hunter proposed Condition No. 72 be amended as follows: "The Developer shall design a turning area at the south -end of Liberty Bell Road, which will provide minimum turning radius equal or greater than the dimensions acceptable to the Director of Community Development and City Engineer." Councilmember Harper asked if the redesign might eliminate the cul -de -sac. Mr. Brown stated the cul -de- sac could be eliminated but it was not optimal for the residential neighborhood. He recommended maintaining the cul -de -sac. Councilmember Harper suggested allowing flexibility and revising the language to read: "The developer shall design a turning area at the south -end of Liberty Bell Road subject to the approval of the Director of Community Development and City Engineer." CONSENSUS: By consensus, the Council revised Condition No. 72 _ to read: "The developer shall design a turning area at the south -end of Liberty Bell Road subject to the approval of the Director of Community Development and City Engineer." CONSENSUS: By consensus, the Council maintained Condition No. 75 as presented. In response to Councilmember Harper, Mr. Chung explained the use of stucco over foam for architectural features. Councilmember Harper expressed concern with the fragile nature of the foam. He requested staff review whether foam architectural features should be allowed on residential structures. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to adopt revised Resolution No. 2000 -1783, conditionally approving Vesting Tentative Tract Map No. 5204 and Residential Planned Development Permit No. 99 -4. The motion carried by unanimous voice vote. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Resolution No. 2000 -1784 Rescinding Resolution No. 96 -1229 and Adopting New and /or Revised Policies and Standards Pertaining to Engineering Matters. (Continued from Meeting of 10/4/2000). Staff Recommendation: Adopt Resolution No. 2000 -1784. Minutes of the City Council Moorpark, California Page 9 October 18, 2000 Mr. Gilbert gave the staff report. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to adopt Resolution No. 2000 -1784. The motion carried by unanimous voice vote. B. Memorial Park Gift for John Sherwood. Staff Recommendation: Identify and approve a memorial park gift in memory of John Sherwood. Councilmember Wozniak gave the report. Councilmember Harper suggested Councilmember Wozniak meet with the family to come back with a recommendation. CONSENSUS: By consensus, the Council directed Councilmember Wozniak to meet with the Sherwood family to discuss and bring back recommendations for a memorial park gift to a Council meeting for approval. C. Consider Request by Campus Hills Homeowners Association for Improvement to Campus Canyon Park Monument Sign. Staff Recommendation: 1) Approve the proposed design for the Campus Canyon Park monument sign as identified in Attachment C of the agenda report; 2) Indicate whether the City Council is willing to perform the sign improvement work and to fund the cost of the work (estimated to be $3,400); and 3) If the Council elects to use City funds for the proposed sign improvements, direct staff to prepare a Budget Amendment Resolution allocating money from the General Fund reserves and to proceed with the bid process. Ms. Lindley gave the staff report. In response to Mayor Hunter, Ms. Lindley explained that it might be necessary to solicit bids for a contractor to construct a park sign. Mr. Kueny stated informal bids could be received. Councilmember Harper suggested utilizing the same contractor as was being used by the homeowners' association. In response to Councilmember Harper, Ms. Lindley explained the design of the sign. Tammy Bell, 15413 Mallory Court, representing the homeowners' association, stated they were in the process of refurbishing the monument signs in the Campus Hills area. She explained the scope of work. She presented a Minutes of the City Council Moorpark, California Page 10 October 18, 2000 display board showing the decaying sign at Campus Canyon Park and the proposed monument sign. She discussed the bid process they conducted for the homeowners' association signs. She suggested utilizing the same sign contractor. She noted the Campus Hills Homeowners' Association had approached the College requesting the College refurbish their signs. She requested the Council contribute $3,120 to complete the planned improvement for the park monument sign. Roberta Sandor, 15497 Braun Court, Vice President and Landscape Chair of the Campus Hills Homeowners' Association, requested the Council consider repairing the Campus Canyon Park monument sign. She disagreed with the staff report indicating Campus Canyon Park had one of the nicer signs in the City. She discussed the Parks Maintenance Assessment. She urged the Council to repair and refurbish the Campus Canyon Park monument sign. Lina Santelli, 15549 Doris Court, discussed the historical delays for maintenance and repairs to the park. She requested the Council refurbish the monument sign. Ted Martens, 15749 Swift Place, concurred with the comments made by his neighbors. He thanked the Mayor, Councilmember Wozniak, and Mr. Kueny for their assistance. He stated the homeowners' association maintained the Collins Drive landscaping. Tim Saivar, 15594 Mallory Court, requested the Council approve the new monument sign. Mayor Hunter stated the proposal was far superior to what currently exists. Councilmember Harper concurred that the sign was dated. Mr. Kueny stated it was staff's intent to follow the bid process, and if the project was below the threshold, bids would not be necessary. MOTION: Councilmember Harper moved and Mayor Hunter seconded a motion to: 1) Approve the proposed design for the Campus Canyon Park monument sign as identified in Attachment C of the agenda report; 2) Indicate that the City Council is willing to perform the sign improvement work and to fund the cost of the work (not to exceed $3,500); and 3) Direct staff to prepare a Budget Amendment Resolution allocating money from the General Minutes of the City Council Moorpark, California Page 11 October 18, 2000 Fund reserves and to proceed with the bid process. The motion carried by unanimous voice vote. D. Consider Changes to Agenda Language. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Evans gave the report. He suggested revising agenda language to make it more understandable to the public. He reviewed the agenda and indicated points of confusion. Mr. Kueny stated staff would be more diligent in making difficult items easier to understand. He suggested abbreviated staff recommendations. Mayor Hunter suggested parcel numbers and other irrelevant information be excluded from the titles, with abbreviations spelled out. Councilmember Harper agreed, unless there was a legal reason for specifying parcel numbers. He stated the City of Simi Valley attached a definition page to clarify abbreviations. He suggested allowing staff latitude to make clarifications. CONSENSUS: By consensus, the Council directed staff to make agendas clear, understandable and reader friendly for the general public and suggested spelling out abbreviations, not listing Assessor Parcel numbers unless required for legal reasons, and allowing staff to use an abbreviated staff recommendation. E. Consider a City Council Position on Measure 11011, Safeguard Tobacco Settlement Healthcare Program. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Harper gave the report. Neal Andrews, 631 Sidney, Ventura, representing the Coalition Against Measure 0, explained that every health care organization in the County, with the exception of Community Memorial Hospital, opposed Measure 110 ". He listed those agencies taking a position in opposition to Measure 11011. He explained the impact of the measure on grant funds. He provided the Council with additional written information on the measure. Jarrod DeGonia, 3855 Alamo Street, Simi Valley, 93063, representing Supervisor Mikels, read a letter signed by Minutes of the City Council Moorpark, California Page 12 October 18, 2000 Supervisor Mikels regarding the long -term public financing precedent set by Measure 110" and explained use of tobacco settlement funds. In response to Councilmember Evans, Mr. DeGonia discussed previous litigation regarding the measure and indicated the County was prepared to fight the measure if it passed. Colin Velazquez, 606 Moorpark Avenue, addressed the Council in opposition to Measure "0 ". Dorothy Ventimiglia, 7228 Imbach Place, expressed opposition to Measure "O" and urged the Council to vote against it. Councilmember Harper discussed his concerns with specific text of the measure. He suggested opposing the measure. Councilmember Wozniak discussed Measure "O" and limitations on tobacco settlement funds. He stated the measure was an outrageous attempt by a private _ organization to obtain public dollars. He stated he would not support the measure. Councilmember Rodgers discussed the money spent on endorsing the measure that could have been spent on health care. He stated she would oppose Measure "0 ". Councilmember Evans stated Community Memorial Hospital would say the Councilmembers were greedy politicians for opposing the measure. He stated the Council should strongly oppose the measure. Mayor Hunter stated it was necessary to care for sick and injured people. He explained the purpose of the tobacco settlement. He indicated he would support opposing the measure. Ms. Kane stated it would be necessary to bring back a resolution in opposition to the measure. Mr. Kueny suggested that a press release be done. MOTION: Councilmember Harper moved and Councilmember Evans _ seconded a motion to direct staff to draft a press release from the City in opposition to Measure "0 ". The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 13 11. CONSENT CALENDAR: October 18, 2000 MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of a Regular Meeting of April 5, 2000. Consider Approval of Minutes of a Regular Meeting of May 17, 2000. Consider Approval of Minutes of a Regular Meeting of September 20, 2000. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register- October 18, 2000. Fiscal Year 2000/2001 Manual Warrants 103713 - 103714 $24,774.55 & 103828 - 103833 Voided Warrants 103715 & 103834 $ - 0 - (Pentamation additional & 103866 remittance copies) Payroll Liability 103837 - 103845 $14,603.48 Warrants Regular Warrants 103846 - 103962 $470,009.73 Staff Recommendation: Approve the Warrant Register. C. Consider Final "Cleanup" Budget Amendment for 1999/2000 Fiscal Year. Staff Recommendation: Adopt Resolution No. 2000 -1785 amending the 1999/2000 budget. (ROLL CALL VOTE REQUIRED) D. Consider Improvement Bond Reduction for Tract 4974 (Conejo Freeway Properties) . Staff Recommendation: 1) Accept the improvements as complete, with the exception of the park; and 2) Authorize the City Clerk to exonerate /reduce the aforementioned security deposits in the amounts shown in the table in the agenda report. All sureties that are reduced to 10% shall remain in effect for a one -year maintenance period, the exonerations of which are subject to City Engineering and Planning Minutes of the City Council Moorpark, California Page 14 October 18, 2000 Department approval, and a replacement surety in the amount of $50,160.00 for damaged sidewalk, at that time. 12. ORDINANCES: None. 13. CLOSED SESSION: Mr. Kueny announced that Council would be going into closed session for a discussion of Items 13.C., 13.E., and 13.G. on the agenda. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to adjourn to closed session for a discussion of Items 13.C., 13.E., and 13.G. on the agenda. The motion carried by unanimous voice vote. The time was 8:51 p.m. C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO21825) E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Hidden Creek Ranch, LP, a California Limited Partnership vs. The City of Moorpark and to Real Parties in Interest: Clint Harper, Roseann Mikos, Andrew Prokopow, and Committee to Qualify Hidden Creek Referendum Controlled by Clint Harper and Roseann Mikos (Case No. SCO21959) G. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) A Trucking Crane Rental & Repair Company dba A.T.C. Rentals & Repairs, Inc., a California Corporation vs. TM Engineering, a California joint venture; Washington International Insurance Company, an Illinois corporation; WAUSAU, a Mutual Company, a Wisconsin corporation; and City of Moorpark, a California public entity (Case No. SC CIV198723) Present in closed session were Councilmembers Evans, Harper, Rodgers, Wozniak and Mayor Hunter; Steven Kueny, City Manager; Cheryl Kane, City Attorney; Hugh Riley, Assistant City Manager; Ken Gilbert, Director of Public Works; and Deborah Traffenstedt, City Clerk. Minutes of the City Council Moorpark, California Page 15 October 18, 2000 The Council reconvened into open session at 9:38 p.m. Mr. Kueny announced that the Council had discussed Items 13.C., 13.E., and 13.G. on the agenda and that there was no action to report. 14. ADJOURNMENT: Mayor Hunter adjourned the meeting at 9:38 p.m. ATTEST: Deborah S. Traffenst City Clerk