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HomeMy WebLinkAboutMIN 2000 0906 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California September 6, 2000 A Regular Meeting of the City Council of the City of Moorpark was held on September 6, 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 6:54 p.m. 2. INVOCATION: Reverend Michael Sezzi, Associate Pastor, Holy Cross Catholic Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Mary Lindley, Director of Community Services, led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Evans, Harper (arrived at 8:50 p.m.), 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; Wayne Loftus, Director of Community Development; Walter Brown, City Engineer; Captain Frank O'Hanlon; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and La -Dell VanDeren, Deputy City Clerk 5. PROCLAMATIONS AND COMMENDATIONS: A. Introduce Assistant City Manager, Hugh Riley. Mayor Hunter introduced Hugh Riley, Assistant City Manager. B. Introduce Gloria McCafferty, Secretary II, City Clerk's Department. Mayor Hunter introduced Gloria McCafferty, Secretary II. Minutes of the City Council Moorpark, California Page 2 September 6, 2000 6. PUBLIC COMMENT: Michael Wesner, 4577 Fern Valley Court, discussed the Relay for Life fundraiser planned for November 18, 2000, at Moorpark College. He stated the intent was to raise funds for the American Cancer Society. Gerald Goldstein, 11932 Los Angeles Avenue, thanked those who signed his petition for City Council candidate and stated he unfortunately did not qualify as a candidate. He discussed the need for City bus turnaround at City Hall and suggested adding a new driveway. 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 REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified a t this time.) Councilmember Wozniak requested a future agenda item regarding The Canyons Project in the city of Simi Valley. Mayor Hunter stated he intended to pull Item 11.H. from the Consent Calendar. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Evans requested an agenda item be added for the September 20, 2000, meeting regarding Arroyo Vista Community Park use by Shiloh Community Church. Mayor Hunter announced the Teen Council Back -to- School Dance on September 8th from 7:00 p.m. to 10:30 p.m. at Arroyo Vista Recreation Center. He stated the Opening Ceremonies and Reception for the Moorpark Senior Games would be on Wednesday, September 20, 2000. 9. PUBLIC HEARINGS: A. 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 the Moorpark Town Center at the Northwest Corner of Los Angeles Avenue and Moorpark Avenue, Applicant: Longs Drug Store (APN 511 -0- 080 -380) . (Continued from August 2, 2000, Meeting with Public Hearing Open.) Staff Recommendation: 1) 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 Minutes of the City Council Moorpark, California Page 3 September 6, 2000 Environmental Quality Act; and 3) Adopt Resolution No. 2000 -1771 approving Conditional Use Permit No. 2000 -02 subject to the conditions contained in the draft Resolution. Mr. Loftus gave the staff report. He stated Condition No. 19 should be revised to change the age from 21 to 18. Councilmember Wozniak stated the proposed alcohol display area was 5 percent total and Rite -Aid was only allowed 3 percent. Mr. Loftus explained that Rite -Aid had requested approximately 3 percent and Longs had requested approximately a 5 percent display area. In response to Councilmember Wozniak, Mr. Loftus explained that clerks did not have to be 21 years old to sell liquor. In response to Councilmember Evans, Mr. Loftus explained the hours of operation for the shopping center. He stated Ralphs was open 24 hours, but that the remainder of the center was conditioned to only operate until midnight. _ Councilmember Rodgers stated in the application Longs was requesting only 3.4 percent display area for alcohol. Mr. Loftus suggested the condition could be revised to allow a smaller display area for alcohol. Gerald Goldstein, 11932 Los Angeles Avenue, discussed approval of liquor licenses and sales of alcohol to minors. George Ramstad, 1026 Elsinore Avenue, Oakland, California, 94602, Longs Drug Store, indicated he was available to respond to questions. He stated they accepted the proposed conditions of approval. Gene Naval, 200 So. Los Robles Avenue, Suite 300, Pasadena, California, 91101, MCG Architects for Longs Drug Store, indicated he was available to respond to questions. Mr. Loftus clarified that Condition No. 8 should be revised from 5 percent to 3.5 percent. He indicated Condition No. 23 should change to 12:00 a.m. rather than p.m. In response to Mayor Hunter, Mr. Loftus stated he had reviewed the square footage and believed 3.5 percent was correct for the maximum display area for alcohol. Minutes of the City Council Moorpark, California Page 4 September 6, 2000 Mr. Ramstad stated he would prefer 5 percent of floor space for display area, but that 3.5 percent was acceptable. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to 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 adopt Resolution No. 2000 -1771 approving Conditional Use Permit No. 2000 -02 subject to the conditions contained in the draft Resolution, as modified. The motion carried by voice vote 4 -0, Councilmember Harper absent. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Minor Modification No. 3 to Development Plan No. 318 for Construction of a Parking Lot for Forty Nine (49) Spaces on the Application of Fred Kavli (Assessor Parcel No. 513 -0- 010 -25). Staff Recommendation: 1) Deny applicant's request and direct staff to work with applicant concerning Alternative No. 4 (and incorporate Alternative No. 1) . Mr. Loftus gave the staff report. In response to Councilmember Wozniak, Mr. Loftus explained that staff's alternative had 48 parking stalls versus the applicant's plan, which had 49 stalls. He stated staff had met with Kavlico representatives and they would address the parking issue. Ken Bauman, 14501 Los Angeles Avenue, Director of Real Estate for Sunbelt Properties, stated they had evaluated the alternatives proposed by staff. He stated Alternative 1 was not feasible, since Kavlico had a carpooling plan and already encouraged carpooling. He stated Alternative 2, relocating additional parking to the hillside area between Buildings Nos. 2 and 3, and Alternative 3, a parking structure, were also not feasible. He stated they could support Staff's Alternative No. 4. He explained that the plan would require removal of 2 trees and higher walls but was feasible. He requested the City Council direct staff to accept Kavlico's landscape upgrade as an offset for removal of the two trees. In response to Mayor Hunter, Mr. Bauman stated landscaping was proposed around the expansion. Minutes of the City Council Moorpark, California Page 5 September 6, 2000 Roseann Mikos, 14371 E. Cambridge Street, discussed the beauty of the Oak Woodland and stated it was important to save those trees. She urged that the landscape plan include more appropriate, native species. Dan Holmes, 200 Wicks Road, stated he was the engineer for the project and was available to answer questions. In response to Councilmember Evans, Mr. Holmes stated the staff recommended design required a 15 to 16 -foot high crib wall. In response to Mayor Hunter, Mr. Bauman stated they accepted Condition No. 4, indicating Kavlico could provide adequate parking and requesting application of the total value for the removed trees to the landscaping upgrade for the entire property. In response to Mayor Hunter, Mr. Loftus explained that staff would bring back conditions at the next meeting. He further responded that the tree replacement provisions in the Municipal Code required that normally expected landscaping would be supplemented by the value of the trees removed. In response to Mayor Hunter, Mr. Loftus stated the ordinance required dollar- for - dollar replacement of the value of the trees to be removed. He stated two oak trees could potentially be impacted. Mr. Kueny stated the City Council's action could be to direct the Director of Community Development to approve the Minor Modification. In response to Councilmember Evans, Mr. Loftus explained the view from the street. Councilmember Evans stated landscaping in back of the building would not be seen. He stated it was appropriate to replace and enhance some landscaping in front of the building. Mr. Loftus concurred. Councilmember Rodgers stated the applicant was doing an outstanding job of being environmentally friendly and she could support Alternate No. 4. In response to Mayor Hunter, Mr. Kueny suggested the Council direct the Director of Community Development to approve the Minor Modification consistent with City Council direction. MOTION: Councilmember Rodgers moved and Councilmember Evans seconded a motion to direct the Director of Community Minutes of the City Council Moorpark, California Page 6 September 6, 2000 Development to approve Minor Modification No. 3 to Development Plan No. 318 consistent with Council direction. The motion carried by voice vote 4 -0, Councilmember Harper absent. B. Consider Action on the Citizen Budget Review Committee. Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny gave the staff report. In response to Councilmember Evans, Mr. Kueny stated the Committee would have 8 -10 weeks to meet to provide input on the budget. Councilmember Evans stated he believed citizen input would be helpful. Mr. Kueny suggested the Mission Statement and Goals for the Citizen Budget Review Committee be developed by the Budget and Finance Committee and that a report to the Council be provided by the first meeting in December. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to direct staff to begin advertising for citizens to join the Citizen Budget Review Committee and that the Budget and Finance Committee review the Mission Statement and Goals. The motion carried by voice vote 4 -0, Councilmember Harper absent. C. Consider Appointments to Joint City /Moorpark Unified School District (MUSD) Ad Hoc Committees. Staff Recommendation: Make appointments to the three (3) joint City /MUSD ad hoc committees and dissolve existing ad hoc committees. Mr. Kueny gave the staff report. Councilmember Evans requested the item be tabled for further discussion. In response to Mayor Hunter, Mr. Kueny stated the matter could be deferred for two weeks. In response to Mayor Hunter, Councilmember Evans explained that additional information needed to be discussed and included in the staff report. He stated the existing ad hoc committee on joint cost savings for programs was making significant progress. He indicated he would like the opportunity to have additional discussions with the City Manager and School District. CONSENSUS: By consensus, the Council determined to continue the item to September 20, 2000. Minutes of the City Council Moorpark, California Page 7 September 6, 2000 D. Adopt Resolution No. 2000 -1772, Amending the FY 00/01 Budget to Allocate Funds for Preliminary Soils and Survey, and Project Coordination Services for the AVCP Pool Project. Staff Recommendation: Adopt Resolution No. 2000 -1772, appropriating $10,000 towards the AVCP Pool Project. (ROLL CALL VOTE REQUIRED) Ms. Lindley gave the staff report. Councilmember Rodgers expressed excitement that the item was on the agenda and urged the Council to support the requested appropriation. MOTION: Councilmember Wozniak moved and Councilmember Rodgers seconded a motion to adopt Resolution No. 2000 -1772, appropriating $10,000 towards the Arroyo Vista Community Park (AVCP) Pool Project. The motion carried by roll call vote 4 -0, Councilmember Harper absent. E. Consider Final Approval of the Conceptual Plan for Arroyo Vista Community Park Phase II. Staff Recommendation: Approve the final conceptual plan for Arroyo Vista Community Park Phase II. Ms. Lindley gave the staff report. In response to Councilmember Rodgers, Ms. Lindley affirmed that the design was based on the consensus reached at the joint City Council /Parks and Recreation Commission meeting on April 12. Councilmember Rodgers stated the park fees for the Archstone Project had been paid. She requested the Council consider moving forward with construction of restrooms at AVCP. She also asked that all of the Archstone funds be dedicated to AVCP. In response to Councilmember Rodgers, Ms. Lindley stated it would cost approximately $100,000 to build restrooms. In response to Mayor Hunter, Mr. Kueny explained that the Archstone funds were placed into the Citywide Park Improvement Fund. He indicated Pacific Communities was not situated in any neighborhood fund area. Mr. Kueny stated the request by Councilmember Rodgers was beyond the scope of the agenda item. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to approve the final conceptual plan for Minutes of the City Council Moorpark, California Page 8 September 6, 2000 Arroyo Vista Community Park Phase II. The motion carried by voice vote 4 -0, Councilmember Harper absent. 11. CONSENT CALENDAR: Mayor Hunter requested that Item 11.H. be pulled. MOTION: Councilmember Evans moved and Councilmember Rodgers seconded a motion to approve the Consent Calendar, with the exception of Item 11.H. The motion carried by roll call vote 4 -0, Councilmember Harper absent. A. Consider Approval of Minutes of a Special Joint Meeting of the City Council and the Parks and Recreation Commission of April 12, 2000. Consider Approval of Minutes of a Special Meeting of August 2, 2000. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register- August 16, 2000. Fiscal Year 1999/2000 Manual Warrants 103204 - 103205 & $ 7,094.71 103208 & 103214 & 103216 Voided Warrants 103111 & 103204 $ (964.73) Regular Warrants 103227 - 103254 $172,424.24 Staff Recommendation: Approve the Warrant Register. Consider Approval of Warrant Register- August 16, 2000. Fiscal Year 2000/2001 Manual Warrants 103209 - 103213 & 103215 & 103225 & 103226 Voided Warrants (Pentamation additional (103206 - 103207) remittance copies) Payroll Liability Warrants 103217 - 103224 $ 29,566.61 $ - 0 - $ 14,660.15 Regular Warrants 103255 - 103392 $183,519.19 Minutes of the City Council Moorpark, California Page 9 September 6, 2000 Staff Recommendation: Approve the Warrant Register. Consider Approval of Warrant Register - September 6, 2000. Fiscal Year 1999/2000 Manual Warrants Voided Warrants (Pentamation additional remittance copies) 103410 $ 7,680.00 102113 & 102225 & $(20,625.25) 102261 & 103075 & 103413 Regular Warrants 103413 - 103423 $123,494.32 Staff Recommendation: Approve the Warrant Register Consider Approval of Warrant Register - September 6, 2000. Fiscal Year 2000/2001 Manual Warrants Voided Warrants (Pentamation additional remittance copies) Payroll Liability Warrants 103393 - 103394 & 103404 - 103409 & 103411 - 103412 103344 & 103375 103395 - 103402 $ 10,393.65 $ (2,981.50) $ 14,263.03 Regular Warrants 103424 - 103540 $520,165.00 Staff Recommendation: Approve the Warrant Register. C. Consider Resolution No. 2000 -1773 Directing the Placement of NO STOPPING Signs at the Corner of Third Street and Bard Street to Facilitate School Bus Turns. Staff Recommendation: Adopt Resolution No. 2000 -1773 establishing a parking prohibition on Third Street and Bard Street. D. Consider Approval of Notice of Completion for a Project to Construct a Storm Drain Lateral on Los Angeles Avenue East of High Street. Staff Recommendation: 1) Accept the work as completed; 2) Instruct the City Clerk to file the Notice of Completion for the project; and, 3) Authorize the release of the retention upon satisfactory clearance of the thirty five (35) day lien period. Minutes of the City Council Moorpark, California Page 10 September 6, 2000 E. Consider Rejection Of Claim: Teresa Donegan v. City of Moorpark, et al. Staff Recommendation: Reject the claim and direct staff to send a standard rejection letter to the claimant. F. Consider Adoption of Resolution No. 2000 -1774 Directin the Planning Commission to Hold Hearings and Provide Recommendations on an Amendment to Chapter 17.40, Sign Code; Related to Product Menu Boards and Signage for Drive - Through Restaurants. Staff Recommendation: Adopt Resolution No. 2000 -1774. G. Consider Resolution No. 2000 -1775 Establishing a Revised Classification Plan and Job Descriptions for Non - Competitive and Competitive Service Employees and Rescinding Resolution No. 2000 -1735 and Consider Resolution No. 2000 -1776 Amending the Salary Plan for Competitive Service, Non - Competitive Service and Hourly Employees, and Rescinding Resolution No. 2000 -1764. Staff Recommendation: 1) Adopt Resolution No. 2000 -1775 establishing a Revised Classification Plan and Job Descriptions for Non - Competitive and Competitive Service Employees and Rescinding Resolution No. 2000 -1735, and 2) Adopt Resolution No. 2000 -1776 amending the Salary Plan for Competitive Service, Non - Competitive Service and Hourly Employees, and rescinding Resolution No. 2000- 1764. I. Consider Increasing Police Facility Fee. Staff Recommendation: Receive and file the report. Staff has proceeded to provide the required notices and set the public hearing for September 20, 2000. The following item was pulled from the Consent Calendar for individual consideration: H. Consider Co- Sponsorship of a Candidate Forum with the Moorpark Women's Fortnightly Club. Staff Recommendation: Approve the City's co- sponsorship of a Candidate Forum with the Moorpark Women's Fortnightly Club including waiver of fees for use of the Community Center Apricot Room and videotaping /broadcast of the Forum on Channel 10, as outlined in the staff report. Mayor Hunter stated he was not available on October 17, 2000. He stated presidential debates were also being held on October 17. He suggested the forum be held on October 11 or 25. Minutes of the City Council Moorpark, California Page 11 September 6, 2000 MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to approve the City's co- sponsorship of a Candidate Forum with the Moorpark Women's Fortnightly Club including waiver of fees for use of the Community Center Apricot Room and videotaping /broadcast of the Forum on Channel 10, as outlined in the staff report, and directing staff to schedule the forum on October 11 or October 25. The motion carried by voice vote 4 -0, Councilmember Harper absent. 12. ORDINANCES: None. 13. CLOSED SESSION: Mr. Kueny announced that Council would be going into closed session for a discussion of two cases under Item 13.A., two cases under Item 13.B., and Items 13.F. and 13.G. on the agenda. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to adjourn to closed session for a discussion of two cases under Item 13.A., two cases under Item 13.B., and Items 13.F. and 13.G. on the agenda. The motion carried by voice vote 4- 0, Councilmember Harper absent. The time was 8:02 p.m. Ms. Kane announced for one case under Item 13.A. the facts and circumstances creating significant exposure to litigation, which facts and circumstances are known to potential plaintiffs, consist of Ventura County's proposed project to realign Science Drive contrary to City policy. Ms. Kane announced for the second case under Item 13.A. the facts and circumstances creating significant exposure to litigation consist of a written claim received from TM Engineering relative to the Spring Road Bridge project. A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Hidden Creek Ranch, LP, a California Limited Partnership and Messenger Investment Company, Inc., a California Minutes of the City Council Moorpark, California Page 12 September 6, 2000 Corporation vs. The City of Moorpark and City Council of the City of Moorpark (Case No. SCO23388) G. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: Arroyo Vista Community Park, 4550 Tierra Rejada Road, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Southern California Edison Under Negotiation: Price and terms of payment The Council reconvened into closed session at 8:18 p.m. Present in closed session were all Councilmembers (Councilmember Harper arrived at 8:50 p.m.) ; Steven Kueny, City Manager; Cheryl Kane, City Attorney; Hugh Riley, Assistant City Manager; Ken Gilbert, Director of Public Works (left the closed session at 8:50 p.m.); Wayne Loftus, Director of Community Development; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 10:13 p.m. Mr. _ Kueny stated that two cases under Item 13.A., two cases under Item 13.B., and Items 13.F. and 13.G. on the agenda were discussed and that there was no action to report. 14. ADJOURNMENT: Mayor Hunter adjourned the ME ATTEST: J,- J. Deborah S. Traffen dt City Clerk