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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. Minutes of the City Council 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 Minutes of the City Council 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 Minutes of the City Council 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. Minutes of the City Council 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 Minutes of the City Council 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. Minutes of the City Council 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 Minutes of the City Council 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. Minutes of the City Council 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. Minutes of the City Council 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