HomeMy WebLinkAboutMIN 2000 0802 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California August 2, 2000
A Regular Meeting of the City Council of the City of Moorpark was held
on August 2, 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 6:41 p.m.
2. INVOCATION:
Assistant Pastor Randy Baker, Shiloh Community Church, led the
invocation.
3. PLEDGE OF ALLEGIANCE:
Wayne Loftus, Director of Community Development, led the
Pledge of Allegiance.
4. ROLL CALL:
Present: Councilmembers Evans, Harper, Rodgers, Wozniak
and Mayor Hunter.
Staff Present: Steven Kueny, City Manager; Hugh Riley,
Assistant City Manager; Cheryl Kane, City
Attorney; Wayne Loftus, Director of Community
Development; Ken Gilbert, Director of Public
Works; Mary Lindley, Director of Community
Services; Walter Brown, City Engineer; Captain
Frank O'Hanlon, Sheriff's Department; John
Brand, Senior Management Analyst; Deborah
Traffenstedt, Assistant to City Manager /City
Clerk; and La -Dell VanDeren, Deputy City
Clerk.
5. PROCLAMATIONS AND COMMENDATIONS:
None.
6. PUBLIC COMMENT:
Scott Green, 33 East High Street, representing the Moorpark
Chamber of Commerce, discussed the Chamber's preference to
relocate to High Street.
Gerald Goldstein, 11932 Los Angeles Avenue, announced that he
had pulled papers to run for Councilmember.
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Moorpark, California Page 2
7. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
August 2, 2000
Councilmember Evans announced the planned "Relay for Life"
American Cancer Society fundraiser planned at Moorpark College
on November 18, 2000.
Mayor Hunter introduced Hugh Riley as the new Assistant City
Manager. He also announced a Sunday concert in the Park
planned for August 27 beginning at 5:00 p.m. at Arroyo Vista
Community Park, and Neighborhood Night Out Against Crime
planned for Saturday, August 5, in 15 neighborhoods throughout
the City.
9. PUBLIC HEARINGS:
A. Consider Approval of Tentative Tract Map No. 5045 to
Divide 445 Acres into 460 Single Family Residential Lots
and One 8.5 Acre Lot for Future Development of 102
Attached Residential Units, and Other Miscellaneous Lots
Required by Specific Plan No. 2. Applicant: Morrison -
Fountainwood- Agoura. (Continued from July 19, 2000,
meeting with Public Hearing Open). Staff Recommendation:
1) Accept public testimony and close the public hearing;
2) Concur in the use of EIR SCH- 96041030 as providing
environmental assessment for this project; and 3) Adopt
Resolution No. 2000 -1767 approving Tentative Tract Map
No. 5045, subject to the conditions of approval.
AT THIS POINT in the meeting, Councilmember Wozniak announced
that he would be leaving the dais due to a potential conflict
of interest. The time was 6:53 p.m.
Mr. Loftus gave the staff report.
Michael Greynald, 711 Daily Drive, No. 110, Camarillo,
representing Morrison - Fountainwood- Agoura, discussed the
private recreation areas now proposed for all Planning
Areas except 8 and 9. He also stated that he agreed with
the revised conditions of approval and requested that
senior housing be addressed at the Residential Planned
Development (RPD) Permit stage.
In response to Mayor Hunter regarding any further
revisions to conditions, Mr. Loftus recommended that
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Moorpark, California Page 3
August 2, 2000
Condition No. CDD -56 be revised to reference Planning
Areas 2, 3, and 4.
In response to Mayor Hunter, Mr. Greynald stated he
agreed with the change to the condition of approval.
Councilmember Rodgers thanked Mr. Greynald for his
agreement to consider the provision of senior housing.
Mayor Hunter closed the public hearing.
MOTION: Councilmember Harper moved and Councilmember Rodgers
seconded a motion to concur in the use of EIR SCH- 96041030 as
providing environmental assessment for this project; and adopt
revised Resolution No. 2000 -1767 approving Tentative Tract Map
No. 5045. The motion carried by voice vote 4 -0, Councilmember
Wozniak absent.
AT THIS POINT in the meeting, Councilmember Wozniak returned
to the dais. The time was 7:01 p.m.
B. Consider Industrial Planned Development No. 99 -4 for
Development of an Industrial /Warehouse Building of
Approximately 72,500 Square Feet on Property Located on
the East Side of Condor Drive, Approximately Mid -point
between each Intersection of Condor Drive and Los Angeles
Avenue East, on the Application of F&A Investments,
(Assessors Parcel No. 513 -0- 060 -095). (Continued from
July 19, 2000, meeting with Public Hearing Open). Staff
Recommendation: 1) Accept public testimony and close the
public hearing; 2) Consider approval of the Negative
Declaration prepared for this proposal prior to decision
on the project; and 3) Adopt Resolution No. 2000 -1768
approving Industrial Planned Development Permit No. 99 -4,
subject to the conditions of approval.
Mr. Loftus gave the report.
Sheldon Appel, 2148 Federal Avenue, Los Angeles, stated
he was the owner and applicant and spoke about the
proposed project. He requested that conditions of
approval that do not apply to their project be deleted.
He introduced John Staff as the project architect.
In response to Mayor Hunter, Mr. Appel, stated that he
could provide a list of conditions that he was requesting
be deleted.
John Staff, the project architect, described the proposed
industrial building as an infill project. He stated that
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Moorpark, California Page 4 August 2, 2000
the building design was intended to be modern and that
the use of brushed stainless steel cladding would not
result in reflectivity problems. He requested that
Condition No. CDD -37b be modified to allow galvanized
sheet metal to be unpainted, such as for gates and
guardrails, to better match the building architecture.
Mr. Appeal stated that the stainless steel is not an
inexpensive material.
In response to Councilmember Harper, Mr. Appel stated
that they would not object to a condition of approval
that would require them to correct any reflectivity
problem. He stated that he didn't believe the roof would
be visible from the freeway. He also stated that they
could treat the stainless steel surface to reduce
reflectivity.
In response to Councilmember Harper, Mr. Appel stated
that he did not believe that the building roof would be
visible from the freeway but that the architect had
designed a screening plan.
In response to Mayor Hunter, Mr. Loftus stated that
verification of Area of Contribution (AOC) fee payment
has not been submitted by the developer, so staff's
preference is to retain the AOC standard condition.
In response to Mayor Hunter, Mr. Loftus stated that
Condition No. CDD -27c could be deleted since there was a
landscape plan requirement. He also stated that
Conditions Nos. CDD -27h and CDD -37d could be deleted. He
stated that revised language was needed for Condition No.
CDD -44, and that only the words "loading docks" should be
deleted from Condition No. CDD -50, since ground equipment
should be screened from view. He stated that Condition
No. CDD -55d was a standard condition, requiring a roof
for the trash enclosure, and should be maintained.
In response to Councilmember Harper, Mr. Loftus explained
why the roof requirement for the trash enclosure area
should be maintained, including that all bins are rolled
out before they are picked up, regardless of whether
there is a roof on the trash enclosure.
Mr. Appel stated that he understood the staff concern and
asked if a structure height of eight feet could be
permitted.
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Moorpark, California Page 5
August 2, 2000
In response to Mayor Hunter, Mr. Loftus stated that staff
did not object to the requested increased height for the
trash enclosure and that the condition could be modified.
Mr. Appel stated that he would then withdraw his
objection to the trash enclosure condition.
Mayor Hunter asked if the Council's preference was to
table the item to allow the changes to the conditions.
Councilmember Harper suggested staff be authorized to
make the agreed upon revisions to the conditions.
In response to Councilmember Wozniak, Mr. Loftus stated
that staff agreed with not painting the galvanized steel
building features and that the condition language should
be revised.
In response to Councilmember Harper, Mr. Loftus stated
that a condition could be added requiring the applicant
to correct any reflectivity problem and that a one -year
test period should be sufficient. Mr. Kueny stated that
a surety requirement should be included to guarantee the
condition.
Mayor Hunter summarized the changes as eliminate
Conditions Nos. CDD -27c, CDD -27h, CDD -37d, CDD -50, and
CDD -37b; and the applicant will work with staff on
modifying Conditions Nos. CDD -44 and CDD -55b; Condition
No. CDD -65 will remain; a reflectivity condition will be
added with a surety requirement; and staff will be
directed to work with the applicant to remove those
conditions found to be irrelevant to this project.
In response to Councilmember Harper, Ms. Kane stated that
there was no problem with approving the project with the
directed revisions to conditions.
Mayor Hunter closed the public hearing.
MOTION: Councilmember Harper moved and Councilmember Rodgers
seconded a motion to approve the Negative Declaration and
adopt Resolution No. 2000 -1768, as modified, approving
Industrial Planned Development Permit No. 99 -4, subject to the
revised conditions of approval. The motion carried by
unanimous voice vote.
C. Consider Conditional Use Permit No. 2000 -02, a Request to
Allow the Off -Site Sale of Alcoholic Beverages Including
Beer, Wine and Liquor at a Proposed Longs Drug Store in
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Moorpark, California Page 6 August 2, 2000
the Moorpark Town Center at the Northwest Corner of Los
Angeles Avenue and Moorpark Avenue, Applicant: Longs Drug
Store (APN 511 -0- 080 -380). Staff Recommendation: 1) Open
the public hearing, accept public testimony and close the
public hearing; 2) Determine that the proposed
Conditional Use Permit requesting the sale of alcoholic
beverages including beer, wine and liquor is exempt from
CEQA pursuant to Section 15303 of the California
Environmental Quality Act; and 3) Adopt Resolution No.
2000- approving Conditional Use Permit No. 2000 -02
subject to the conditions contained in the draft
Resolution.
Mr. Loftus stated that a request for continuance to
September 6 had been received from the applicant and
staff supported the request.
Mayor Hunter opened the public hearing.
Lynn Owens, 4647 Adonis Place, stated that Longs and had
not shown that they will be a good neighbor during the
remodeling. She asked that the fire lane not be blocked
and that they improve their construction operations.
MOTION: Councilmember Harper moved and Councilmember Evans
seconded a motion to continue the open public hearing to the
September 6, 2000 Council meeting. The motion carried by
unanimous voice vote.
10. PRESENTATION /ACTION /DISCUSSION:
A. Consider Teen Council Appointments. Staff Recommendation:
Make appointments to Teen Council for a one -year term to
begin on July 1, 2000, and direct staff to re- advertise
for middle school representatives to allow any remaining
vacancies to be filled at a subsequent City Council
meeting.
AT THIS POINT in the meeting, Councilmember Harper left the
dais due to his daughter's application for Teen Council. The
time was 7:51 p.m.
Ms. Traffenstedt gave the report.
Mayor Hunter stated that he agreed with re- advertisement
_ for middle school representatives and that the
application period should extend through until after
school begins.
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Moorpark, California Page 7 August 2, 2000
MOTION: Mayor Hunter moved and Councilmember Evans seconded
a motion to appoint Kenny Bobertz. The motion carried by
voice vote 4 -0, Councilmember Harper absent.
MOTION: Mayor Hunter moved and Councilmember Rodgers seconded
a motion to appoint Darlene Chaney. The motion carried by
voice vote 4 -0, Councilmember Harper absent.
MOTION: Mayor Hunter moved and Councilmember Wozniak seconded
a motion to appoint Shannon Corbeil. The motion carried by
voice vote 4 -0, Councilmember Harper absent.
MOTION: Mayor Hunter moved and Councilmember Evans seconded
a motion to appoint Heather Harper. The motion carried by
voice vote 4 -0, Councilmember Harper absent.
MOTION: Mayor Hunter moved and Councilmember Rodgers seconded
a motion to appoint Colleen Lambert. The motion carried by
voice vote 4 -0, Councilmember Harper absent.
MOTION: Mayor Hunter moved and Councilmember Wozniak seconded
a motion to appoint Ashley Schoonover. The motion carried by
voice vote 4 -0, Councilmember Harper absent.
MOTION: Mayor Hunter moved and Councilmember Evans seconded
a motion to appoint Brittany Stephens. The motion carried by
voice vote 4 -0, Councilmember Harper absent.
In response to Councilmember Evans, Mayor Hunter stated
that the re- advertisement period should extend through
September 15.
Mr. Kueny suggested extending the deadline through
Friday, September 16.
CONSENSUS: By consensus, the Council directed staff to re-
advertise for middle school representatives through Friday,
September 16, 2000.
AT THIS POINT in the meeting, Councilmember Harper returned to
the meeting. The time was 7:54 p.m.
B. Consider Minor Modification No. 4 to Commercial Planned
Development Permit No. 92 -2 for a Modification of the
Master Sign Program to Install Menu board Signs Totaling
79.2 Square Feet in Size at the McDonald's Restaurant;
Located at the Northeast Corner of New Los Angeles Avenue
and Spring Road at 501 New Los Angeles Avenue; Applicant:
Debbie Voss (APN 512 -0 -180 -080). Staff Recommendation:
Adopt Resolution No. 2000 -1769 approving Minor
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Moorpark, California Page 8
August 2, 2000
Modification No. 4 to Commercial Planned Development
Permit No. 92 -2.
Mr. Loftus gave the staff report.
In response to Councilmember Evans, Mr. Loftus stated
that prior case processing fees are typically carried
forward and assumed by a new property owner when there is
an outstanding balance.
Mr. Loftus stated that Condition No. 18 would be reworded
based on the City's Landscape Architect recommendation
for smaller trees to be planted.
Debbie Voss, 501 New Los Angeles Avenue, stated she was
the applicant and that she had purchased the restaurant
in 1996. She discussed the need for the requested
modification of the sign program. She asked for time to
attempt to get the past -due payment from the prior owner.
She stated she agreed with the tree condition change.
In response to Councilmember Rodgers, Ms. Voss stated
_ that she would not need to have banner signs if the
larger menu board and preview board were allowed.
Councilmember Evans suggested eliminating the requirement
that the sign on the southeast face of the building be
removed and the requirement that the current owner pay
the prior owner's bill.
Councilmembers Harper and Wozniak stated that they could
support the staff recommendation.
In response to Mayor Hunter, Mr. Loftus explained that
the Zoning Code allowed a larger sign to be approved as
part of a sign program.
Councilmember Rodgers stated that the applicant should be
allowed the same menu board sign size as Carl's Junior.
Mr. Loftus stated that several of the other restaurants
that have menu boards, as described in the staff report,
had installed the larger signs without permit approval.
Mr. Kueny suggested the Council consider a total of 55
_ square feet for menu board signage, due to the setback
from the street, the location of the signs, and
landscaping.
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Moorpark, California Page 9 August 2, 2000
In response to Mayor Hunter, Ms. Voss stated that she
could remove the McDonald's name from the top of the
larger menu board and achieve the total 55 square feet
for the menu and preview board signage.
In response to Councilmember Rodgers, Mr. Loftus stated
that the requirement to remove the sign at the southeast
face of the building could be deleted.
Councilmember Harper stated that he agreed with the 55
square foot sign area compromise, but asked if there
would be a precedent.
Mr. Kueny suggested the Council direct staff to look at
the need to amend the Zoning Code pertaining to total
sign area for menu boards.
MOTION: Mayor Hunter moved and Councilmember Wozniak seconded
a motion to adopt revised Resolution No. 2000 -1769, approving
Minor Modification No. 4 to Commercial Planned Development
Permit No. 92 -2 with the following directions: the maximum
allowed size of the menu board /preview board signage shall be
a total of 55 square feet, the language in Condition No. 13
requiring the current owner to pay the prior owner's bill will
be deleted, Condition No. 16 requiring removal of the existing
sign at the southeast face of the building will be deleted,
Condition No. 18 will be revised to incorporate the City's
Landscape Architect recommendation regarding tree size, and
staff was directed to bring back a resolution initiating a
Zoning Code amendment pertaining to menu board sign size. The
motion carried by unanimous voice vote.
C. Consider Approval of Plans and Specifications and
Authorization to Advertise for Receipt of Bids for the
Asphalt Overlay 2000 Project. Staff Recommendation: 1)
Approve the median design as proposed; 2) Approve the
plans and specifications for the subject project; and, 3)
Authorize staff to advertise for receipt of bids for the
construction of the subject project.
Mr. Gilbert gave the staff report.
Bruce Tackman, 14501 Los Angeles Avenue, spoke on behalf
of Kavlico, and asked if left turns out of the driveways
could be maintained.
Mr. Kueny stated that existing left turns could be
retained with a narrowed median.
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Moorpark, California Page 10
August 2, 2000
MOTION: Councilmember Wozniak moved and Councilmember Evans
seconded a motion to: 1) Approve the revised median design to
allow left turns out of the driveways at Kavlico; 2) Approve
the plans and specifications for the subject project; and, 3)
Authorize staff to advertise for receipt of bids for the
construction of the Asphalt Overlay 2000 Project. The motion
carried by unanimous voice vote.
D. Consider City Fixed Route Bus Service Expansion, Adopt
Farebox Goals for a Three -Year Demonstration Period, Award
of Contract to Parking Corporation of America, and
Authorize Procurement of Two New Buses. Staff
Recommendation: 1) Approve expanding the City's bus service
by adding a second bus for two -way service and increasing
the hours of operation; 2) Adopt the farebox goals for the
three -year demonstration period of the new service as
identified in the Agenda Report; 3) Award a contract to the
Parking Corporation of America for the operation and
maintenance of the City fixed route bus, at the not to
exceed amount of $160,885 for the first year, and as
proposed in subsequent years, and authorize the Mayor
execute the Agreement subject to language changes by the
City Manager and City Attorney; and 4) Authorize staff to
initiate the process to procure two new buses (diesel or
alternative fuel) with a federal FTA §5307 grant, using
City Air Quality funds as the 20% local match.
Mr. Brand gave the staff report.
Councilmember Harper stated that the Transportation and
Streets Committee concurs with the staff recommendation.
In response to Councilmembers Wozniak and Harper, Mr. Brand
explained the term demonstration period pertained to
determining the farebox returns.
Gerald Goldstein, 11932 Los Angeles Avenue, discussed the
first City bus and repair problems. He questioned whether
there was a competitive bid process for the new bus.
Councilmember Harper stated that a competitive bid process
had been followed.
MOTION: Councilmember Evans moved and Councilmember Harper
seconded a motion to: 1) Approve expanding the City's bus
service by adding a second bus for two -way service and
increasing the hours of operation; 2) Adopt the farebox goals
for the three -year demonstration period of the new service as
identified in the Agenda Report; 3) Award a contract to the
Parking Corporation of America for the operation and maintenance
Minutes of the City Council
Moorpark, California Page 11
August 2, 2000
of the City fixed route bus, at the not to exceed amount of
$160,885 for the first year, and as proposed in subsequent
years, and authorize the Mayor to execute the Agreement subject
to language changes by the City Manager and City Attorney; and
4) Authorize staff to initiate the process to procure two new
buses (diesel or alternative fuel) with a federal FTA §5307
grant, using City Air Quality funds as the 20% local match. The
motion carried by unanimous voice vote.
11. CONSENT CALENDAR:
MOTION: Councilmember Evans moved and Councilmember Harper seconded
a motion to approve the Consent Calendar with the exception of Item
11.A., minutes of April 12, 2000. The motion carried by unanimous
roll call vote.
A. Consider Approval of Minutes of Regular Meeting of the
Citv Council on March 1, 2000.
Consider Approval of Minutes of a Special Meeting of July
19, 2000.
Staff Recommendation: Approve minutes as processed.
B. Consider Approval of Warrant Register August 2, 2000.
Fiscal Year 1999/2000
Manual Warrants 103054 & 103057 & $317,670.66
103072 - 103075
Voided Warrants None $ - 0 -
(Pentamation
additional remittance
copies)
Regular Warrants 103077 - 103128 $177,279.12
Staff Recommendation: Approve the Warrant Register.
Consider Approval of Warrant Register August 2, 2000.
Fiscal Year 2000/2001
Manual Warrants 103051 - 103053 & $ 6,024.30
103055 - 103056 &
103060 - 103061 &
103058 & 103071 &
103076
Minutes of the City Council
Moorpark, California Page 12
Voided Warrants none
(Pentamation additional 103059 & 103076
remittance copies)
Payroll Liability 103062 - 103070
Warrants
August 2, 2000
$ - 0 -
$14,590.58
Minutes of the City Council
Moorpark, California Page 13 August 2, 2000
Regular Warrants 103129 - 103203 $37,325.99
Staff Recommendation: Approve the Warrant Register.
C. Consider Selection of Consultant to Prepare the Project
Design for the Widening of Los Angeles Avenue between
Spring Road and Moorpark Avenue [Project 80131 . Staff
Recommendation: 1) Approve the selection of Boyle
Engineering to perform the civil engineering services
required for the subject project, for the negotiated fee
amount, and authorize the City Manager to execute related
contract documents; and 2) Adopt Resolution No. 2000 -1770
revising the amount of the appropriation and budget for
Project 8013 [Fund 2501: Los Angeles Avenue AOC Fund]
(ROLL CALL VOTE REQUIRED)
D. City of Moorpark General Plan Annual Report - Including
Housing Element Progress Report for 1999. Staff
Recommendation: Receive & file.
E. Consider an Agreement between the Cities of Moorpark,
Simi Valley, Thousand Oaks and the County of Ventura, and
Onyx Environmental Services for Regular Monthly Household
Hazardous Waste (HHW) Collection Services. Staff
Recommendation: Approve the Agreement between the City of
Moorpark, the City of Simi Valley, the City of Thousand
Oaks and the County of Ventura, and Onyx Environmental
Services, for Provision of Regional Household and
Conditionally Exempt Small Quantity Generator (CESQG)
Hazardous Waste Collection Program Services, and
authorize the Mayor to execute the Agreement pending
final language changes approved by the City Manager and
City Attorney.
The following item was pulled from the Consent Calendar for
individual consideration:
A. Consider Approval of Minutes of a Special Joint Meeting
of the City Council and the Parks and Recreation
Commission of April 12, 2000. Staff Recommendation:
Approve minutes as processed.
Mayor Hunter stated the April 12, 2000 Special Joint
Meeting minutes should be rescheduled for the next
meeting, since a minor correction was needed.
Minutes of the City Council
Moorpark, California Page 14
12. ORDINANCES:
August 2, 2000
A. An Ordinance of the City of Moorpark, California,
Amending Chapter 5.52 of the Municipal Code, Mobilehome
Park Rent Stabilization. Staff Recommendation: Declare
Ordinance No. 268 read for the second time and adopted as
read.
Ms. Kane read the title for Ordinance No. 268.
MOTION: Councilmember Harper moved and Councilmember Rodgers
seconded a motion to waive further reading of Ordinance No.
268. The motion carried by unanimous voice vote.
MOTION: Councilmember Harper moved and Councilmember Rodgers
seconded a motion to declare Ordinance No. 268 adopted as
read. The motion carried by unanimous voice vote.
13. CLOSED SESSION:
None was held.
14. ADJOURNMENT:
MOTION: Councilmember Evans moved and Councilmember Harper
seconded a motion to adjourn. The motion carried by unanimous
voice vote. The time was 8:43 p.m. /") n
ATTEST:
Deborah S. Traffens dt
City Clerk
trick Hunt ,6r, Mayor