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HomeMy WebLinkAboutMIN 1989 0906 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California September 6, 1989 A Regular Meeting of the City Council of the City of Moorpark, California was held on September 6, 1989 in the Council Chambers of City Hall of said City, located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER The meeting was called to order at the hour of 7:15 p.m. by Mayor Eloise Brown. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Lawrason. 3. ROLL CALL Present: Councilmembers Harper, Lawrason, Montgomery, Perez and Mayor Brown Steven Kueny, City Manager; Cheryl Kane, City Attorney; Pat Richards, Director of Community Development; Phil Newhouse, Director of Community Services; Richard Hare, Deputy City Manager; Susan Cauldwell, Administrative Assistant; John Knipe, Assistant City Engineer; Lt. Richard Rodriguez, Sheriff's Department; Paul Porter, Senior Planner; Debra Traffenstedt, Senior Planner; Lillian Kellerman, City Clerk; and Eva Marie Crooks, Deputy City Clerk, 4. PROCLAMATIONS_ COMMENDATIONS ,_AND_SPECIAL..PRESENTATIONS A. Proclaim September 18 - October 15, 1989 "United Way of Ventura County Month ". Mayor Brown read and presented a proclamation to Robert Coughlin, Chairman of Moorpark Community United Way. Mr. Coughlin indicated that a goal of $125,000 has been set by Moorpark Community United Way. B. Proclaim September 14, 1989 as National D.A.R.E. Day. Mayor Brown read and presented the proclamation to Sr. Deputy Dave Lea, Moorpark Police Department. Sr. Deputy Lea invited the City Council and City staff to celebrate the 2nd National Dare Day at Flory Elementary School on September 14, 1989. 5. REORDERING_OF, AND ADDITIONS TO,__ THE AGENDA Councilmember Perez recommended that Item 11.I be heard earlier on the agenda to accommodate those present for this item. CONSENSUS: By consensus, the Council concurred to hear Item 11.I earlier on the agenda. Minutes of the City Council Moorpark, California Page 2 September 6, 1989 MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded the motion to add Item 11.N -- Consideration of Time Extension for PD 1062 and PD 1063, and that Item 11.N be continued to the adjourned meeting of September 13, 1989. Voice vote carried with Councilmember Harper dissenting. MOTION: Mayor Brown moved and Councilmember Perez seconded the motion to continue Item 9.C., Draft Housing Element (March 1989) of the General Plan, to the adjourned meeting of September 13, 1989 for further review. Voice vote carried unanimously. 6_ PUBLIC COMMENTS A. Judith Lanahan, 4641 Pepper Mill Street, spoke regarding the noise generated by the daily riding of dirt bikes on the recently graded PC -3 West Village area. She indicated she contacted the Sheriff's Department, and the problem has not been resolved. She also stated that "no parking" restrictions should be enforced on the north and south sides of Los Angeles Avenue both east and west Tierra Rejada Road to prevent for -sale vehicles from being parked there. Council directed Lt. Rodriguez to report back regarding enforcement and posting of signs in the area . B. Bruce Tackman, 14501 Los Angeles Avenue, representing Fred Kavli and Kavlico Corporation, indicated he submitted amendment documents regarding the Industrial Development Bond approved for Kavlico Corporation in 1985, which require action by the Moorpark Industrial Development Authority. He requested that the proposal for approval be added to this agenda for continuation and approval the following week. He indicated there was a deadline for the amendment of the Industrial Development Bond for this project. In response to Councilmember Harper, Mr. Tackman stated they have met the modification requirements to the PD for their project as conditioned. C. Michael Ellis, 6678 N. Berkley Circle, requested a clearance for building setback which was denied by the Community Development Department. D. Peggy Wilhelm, 13807 Donnybrook, spoke regarding Item 11.8. Ms. Wilhelm indicated she supported McDonald's proposal. E. Peter Swift, 13748 Gunsmoke Road, Moorpark, concerning McDonald's, spoke regarding the financial commitment that Minutes of the City Council Moorpark, California Page 3 September 6, 1989 McDonald's could bring to the community. He indicated that he met with Mr. Collen and several members of the community to present his project. Mr. Swift requested reconsideration. D. Richard Stratton, 6049 Darlene Lane, Moorpark, representing the American Youth Soccer Organization, read his letter to the City Council requesting more playing fields at the City parks. He stated that the existing parks and school district sites are in heavy use, and that next year there should be 900 -1000 participants in the program. He indicated that the proposed 69 acre park site should include grassy fields for soccer. He stated he supports the field hockey Astro turf complex, but the needs of the community come first. E. Lynn W. Crockatt, 13768 Christian Barrett Drive, indicated he supports the reconsideration of the McDonald's project because of their support for teen sports, work ethic for teenagers, hiring of seniors, minorities and handicapped, and that the sales tax revenues would benefit the City. He also indicated that the neighborhood meeting with Mr. Swift was held at his house. F. John Patrick Lane, 12591 Crystal Ranch Road, stated he supports McDonald's at the proposed site and indicated he voted against the Embassy project (PD 1062 and 1063) because of the intensive use and the gas station. Fie stated the City would benefit from the revenues, and recommended the City ask McDonald's to build a concession in the sporting complex to generate funds for the Ronald McDonald Camp and the City. He recommended that McDonald's be removed from the General Plan Update and that a consultant be selected to study McDonald's impact on the circulation and land use element. G. Joseph Bravo, 13120 Golondrina, representing Moorpark Little League, requested exclusive rights to the proposed three ball diamonds being considered at the Arroyo Vista Community Park for March through June of each year. He requested that the open space between the tennis courts and ball diamonds be available to lease to the Moorpark Little League, which serves 625 children in the community. H. Ken Shishido, 800 S. Figueroa Street, Los Angeles, 90017, representing the Embassy Group,indicated he was present for Item 11.N, which was continued to the next meeting. In response to Councilmember Lawrason, Mr. Shishido indicated grading should begin next week. Minutes of the City Council Moorpark, California Page 4 September 6, 1989 I. Frank Jansen, 800 S. Figueroa, Los Angeles, Embassy Group, stated he was available for questions. Mr. Jansen Indicated contributions have been made to the signalization fund. He explained the annexation to the water district, waterline costs and street right -of -way negotiations with Carlsberg caused the staged grading. J. Vicki McGowan, 13060 View Mesa, stated that the community youth dances should eliminate 6th graders and include 9th and 10th graders. K. Julie Owen, 411 Sarah Avenue, Moorpark High School student, requested that the dance age limit be raised. L. Claudia Mendez, 13132 Annette Street, Moorpark High School student, asked that the City raise the attendance age at the dances. She stated that the 6th graders are not mature enough to attend the dances. M. Barbara Schultz, 116 Sierra Avenue, thanked the City for putting in her tree. She inquired regarding the park planning process. She stated that there was an article in the Moorpark News regarding the construction of a Mexican mural at the park. She expressed her concern that the mural could promote racism. N. Linda Plaks, 4975 Mira Sol Drive, Moorpark Chamber of Commerce, requested that the Council approve Item 11.F for the funding of the intracity bus service for the Moorpark Country Days Event. Ms. Plaks also requested that the Council reconsider Item 11.B. She also requested that future consideration be given to fireworks at the new park. 0. Arend Collen, 21300 Victory Blvd. #800, Woodland Hills, requested that the McDonald's project be pulled from the General Plan Update to be expedited outside and considered based on the merits of the project after a thorough traffic study is completed and mitigation measures developed. He stated that they contribute to the community in many ways and they would like to become part of the community. He presented a plan for their project in Camarillo. P. Jerry G. Crumpler, 11577 Olympic Blvd., Los Angeles, Crumpler & Kruger Commercial Real Estate Dev., Inc., indicated he would be available to speak under Item 11.B. Q. John Robert Hall, Jr., 12572 Westmont, stated that McDonald's is always associated with quality. Mr. Hall stated that this was a centrally location site and mitigated by the zone change. He stated he supports the McDonald's project. Minutes of the City Council Moorpark, California Page 5 September 6, 1989 R. Juan Manuel Sanchez, 21300 Victory Blvd., Suite 300, Woodland Hills, Regional Personnel Manager for McDonald's, stated they take their social and civic responsibilities seriously to become part of the community. He said they sponsor athletic and scholastic programs. S. James Keenan, 12267 Cherry Grove, stated that McDonald's would provide jobs for teenagers in the community. T. Connie Volke, 11744 Buttercreek Road, stated that the teen dances should not be regulated by grade. She stated she would like better communication with the Parks and Recreation staff. U. Dennis Shea, Cohen, England, Whitefield, 300 Esplanade Drive, Oxnard, representing G. H. Palmer Associates, indicated he was available for questions regarding Item 11.K. concerning the storm drain crossing at Los Angeles Avenue. Y. Carlos Martinez, 393 Esther Avenue, stated that he received a letter from the City regarding code violations at his home and explained his family circumstances which prevent him from moving. Councilmember Perez indicated he visited the home of Mr. Martinez and he recommended that Code Enforcement return to reinspect the home. W. Samuel Salgado, 333 Dorothy Avenue, stated he received letters from the City stating that there were many code violations at his home. He also stated that two Councilmembers have visited his home. He indicated that the only people living at his home are his family. On the weekends, members of the neighborhood come over when they have problems. He stated he represents the hispanics in Moorpark and wants to take care of the impression that is being given to the community. Councilmember Perez stated that he visited the area at different times and that there has been an improvement. X. Gary Anderson, 11990 Havencrest Road, rezoning of the McDonald's site to comm in order that other businesses such as a home improvement store or other, services to the community. Y. Marcus Weise, 10702 Citrus Drive, stated staff recommendation for Items 9.E and spoke regarding ercial development bank, book store, could be provided he concurred with 11.G. He stated Minutes of the City Council Moorpark, California Page 6 September 6, 1989 that the 60 parcels in his neighborhood are in favor of the proposed JPA and assessment district. Z. Jocelyn Reed, 10851 Citrus Drive, stated that the park and buffer zone should be maintained and that Council should approve staff recommendation on 11.G and 9.E and deny the appeal of the Community Director's decision to require a 60 foot separation. She stated that the Council approve staff recommendation on 11.G and direct staff to proceed with the Resolution of Intent that would implement the Joint Powers Agreement. AT THE HOUR OF 9:00 p.m., Mayor Brown declared a recess. The Meeting reconvened at the hour of 9:35 p.m. 7. COMMITTEE REPORTS No Committee Reports were made. 8. CONSENT CALENDAR MOTION: Upon motion by Councilmember Montgomery, seconded by Councilmember Perez, Items 8.G and 8.J were removed from the Consent Calendar for discussion. The following items were approved by an unanious roll call vote: A.1 Consider approval of minutes for the Special City Council Meeting of April 6, 1988._ Staff Recommendation: Approve the minutes as processed. A.2 Consider approval of minutes for the Regular City_ Council Meeting of April 6, 1988. __ Staff Recommendation: Approve the minutes as processed. A.3 Consider approval of minutes for the Adjourned City Council Meeting of April 13, 1988. Staff Recommendation Approve the minutes as processed. A.4 Consider approval of minutes for the Special City Council Meeting of April 20, 1988. Staff Recommendation: Approve the minutes as processed. A.5 Consider approval of minutes_ for the Regular City Council Meeting of April 20, 198.8._ Staff Recommendation: Approve the minutes as processed. A.6 Consider ap roval of minutes for the _Adjourned City -Council Meeting of April 27, 1988. Staff Recommendation: Approve the minutes as processed. Minutes of the City Council Moorpark, California Page 7 September 6, 1989 A.7 Consider approval of minutes for the Special _City Council Meeting of May 4, 1988. Staff Recommendation: Approve the minutes as processed. A.8 Consider approval of minutes for the Regular City Council Meeting of May 4, 1988. Staff Recommendation: Approve the minutes as processed. A.9 Consider approval of minutes for the Adjourned City Council Meeting of May 11, 1988. Staff Recommendation: Approve the minutes as processed. B. Consider approval of Warrant Register_1988 /89: - Prepaid Warrants Nos. 10214 $ 2,560.00 - Payable Warrants Nos. 9156 -9159 $ 91,076.56 C. Consider approval of Warrant__Register 1989/90: - Prepaid Warrants Nos. 9155, 10136, 10143 10148, 10211 -10213 10215 - 10216, 10218- 10224, 10226 -10235 $ 34,523.54 - Payable Warrants Nos. 10238 -10314 $194,336.98 D. Consider adoption of Resolution 89 -609 to Approve Memorandum of Agreement with Public Employees Association of Ventura County (PEAVC ).Staff Recommendation: Adopt Resolution 89 -609 approving MOA with PEAVC. E. Minor Modification No. 1 Planned Development Permit No. 857 (Tract 4170) - Bostwick:__ A report_ regarding a request to add a 166 sq. ft. addition to an existing single famfly residence. Staff Recommendation: Receive and file the report. F Minor Modification No. 1 - Planned Development Permit No. 851 (Tract 2865) - Blethen: A report regarding a request to add a 1132 _sq_. ft. _ _ second story to__ an exi sti nm single story residence._ Staff Recommendation: Receive and file the report. H. Minor Modification No. 1 DP -393 through DP -404, IPD -88 -4 and IPD -88 -8 through IPD -88 -17 _Siegel & Assoc. - A report regarding a__change of color for_ pole _Lights._ Staff Recommendation: Receive and file the report. Minutes of the City Council Moorpark, California Page 8 September 6, 1989 Consider approval of Parcel Map LDM 89 -1 (West America)_._ Staff Recommendation: Approve map for recordation. Consider Request for Maintenance & Operations Supervisor and Lead Maintenance Worker to attend testing for Qualified Applicator Certificate in San _Diego on September 15, 1989, Staff Recommendation: Approve attendance of City Staff at test. L. Consider State Licensing for Star Club Program. Staff Recommendation: Approve Resolution 89 -610_ authorizing City Manager to sign on behalf of the City. The following items were pulled for individual consideration by the Council: G. Consider Reducing Bonds for Tract 2865 -2 and 2865 -3 (Pardee). Staff Recommendation: Authorize bond reduction for Tract 2865 -2 and Tract 2865 -3. In response to Councilmember Lawrason, Mr. Kueny stated that this was not an original tract condition and a separate guarantee has been deposited for the parkway improvements and they have no obligations for the median improvements. The City is doing this under the assessment district program. MOTION: Councilmember Lawrason moved and Councilmember Montgomery seconded to approve staff recommendtion to authorize the bond reduction for Tract 2865 -2 and Tract 2865 -3 and asked if the City Engineer could check out the drainage problem at Christian Barrett and Candlewood. Voice vote carried unanimously. J. Authorize Request for Proposals for Video Equipment for Community Center. Staff Recommendaton: Authorize staff to request proposals for video equipment for the Community Center. Councilmember Harper indicated his questions pertaining to the functional requirements and specifications for type of equipment for the facility. He requested an opportunity to review this with staff and the consultants at the bidder's conference. MOTION: Councilmember Harper and seconded by Councilmember Montgomery a motion to authorize staff to request proposals for video equipment for the Community Center and to authorize the Community Center Ad Hoc Committee to meet and review. The voice vote carried unanimously. Minutes of the City Council Moorpark, California Page 9 September 6, 1989 9. PUBLIC HEARINGS A. Planned Development Permit No. PD -966 - _Major Modification No. 89 -1 - proposed r_e_staurant with _fixed bar. Staff Recommendation: Direct staff to draft a resolution of approval to be returned to the Council at their meeting of September 20, 1989 for adoption. (Item 9.A. continued from August 2, August 16, 1989.) Paul Porter, Senior Planner, presented the staff report. He noted a change to Mr. Youman's letter, dated August 28, 1989, to read that the hours of operation should be extended until 2:00 a.m., and that Chuy's Restaurant is open until 2:00 a.m. with a full alcoholic license. Mr. Porter explained Chuy's Restaurant alcohol sale permit and hours of operation. He stated that Mash Associates had also indicated that Police Department Condition No. 59 was overly restrictive. Mr. Porter presented revised Condition No. 59: Condition 59: A special permit must be obtained through the City, if any of the following occurs on this premise: a. Any private and /or special public events /functions of more than 50 persons; b. If more than one entertainer is performing; and c. DJ entertainment /Disco atmosphere conditions. All other additional conditions are unchanged. A letter of recommendation regarding this condition will be forwarded to the Department of Alcoholic Beverage Control. Mr. Porter recommended that a different sign program be implemented for the shopping center because the existing signs do not architecturally conform with the building. Mr. Porter stated that staff is recommending two monument signs because there are signs on the existing building which should be changed with new tenancy. Mr. Porter stated that the required $10,000 Penal Bond is equivalent to a surety or performance bond to ensure that there are no future problems. He also recommended the following condition: Condition 58: In recognition of the need for public street and traffic improvements to meet the demand generated by cumulative development in the City, the applicant shall prior to the issuance of a zoning clearance, execute a covenant running with the land on behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of, and be subject to any assessment district or other financing technique including but not limited to the Minutes of the City Council Moorpark, California Page 10 September 6, 1989 payment of traffic mitigation fees, to provide funds for such improvements, should such a mechanism be established by the City. Mr. Porter addressed additional conditions concerning fees for art in public places, financing parks and contribution to commuter /computer. Mr. Porter recommended that the Council certify that the environmental effects of the proposed restaurant with the fixed bar are adequately addressed in the Mitigated Negative Declaration that was prepared for the shopping center and direct staff to prepare a Resolution for approval of the Major Modification to Planned Development Permit No. 966 recommending approval of the shopping center with the restaurant with bar subject to the revised Conditions of Approval for the shopping center and rescinding Resolution No. 86 -266 which conditionally approved PD -966. Councilmember Montgomery stated that these conditions for fees for art in public places, commuter /computer and parks should be clearly defined in the zoning ordinance and that these should be codified. Mayor Brown opened the public hearing. Zouhair Youman, 617 Verdemont Circle, Simi Valley, spoke regarding his letter dated August 29, 1989. He stated that it is unfair that he is not allowed the same option to operate until 2:00 a.m. as Chuy's. John Mays, Mash Associates, 2903 Valmere, Malibu, expressed concern regarding the sign program. He stated that the detached businesses definitely need a sign. He said they disagree with the penal bond time limit, but they will abide by it. He stated that this project was negotiated with the City years ago without the fee requirement for commuter /computer, art in public places and park system contribution. Mayor Brown, noting there was no one else present who wished to speak on this item, closed the public comment portion of the public hearing. Councilmember Lawrason indicated that he objected to the title of the penal bond. He stated that the City has the prerogative to add conditions at this point. Minutes of the City Council Moorpark, California Page 11 September 6, 1989 Councilmember Harper stated that he supports staff recommendation because it will enhance the project, but that the name "penal bond" could be changed. Councilmember Montgomery stated he concurs with Councilmembers Harper and Lawrason, and expressed concern regarding the requirement that existing signs be changed. Councilmember Montgomery stated that it was fair to allow Wendy's, the bank and the restaurant to have small monument signs. He said he did not see a need for project signs on Spring Road or Los Angeles Avenue. He also stated that he concurred with all of the other conditions. Mayor Brown stated that the three individual business should be allowed monument signs and a monument sign at the entrance for identification. Councilmember Perez expressed concern regarding the location of the monument sign for tenant names. Mayor Brown asked the applicant if he desired to construct a monument sign to include all tenant names. Mr. Mays stated that monument signs which include tenant names are ineffective to traffic. Councilmember Harper stated monument signs for the deta not necessary to have such recommended that the size worked out with staff with building. that it is necessary to allow ched buildings, but that it was for the other businesses. He and location of the sign be no signage on the side of the Councilmember Perez stated that he has no problem with the hours of operation to 2:00 a.m. for this establishment if the clientele is there. Councilmember Montgomery stated he supports cutting Chuy's hours back to 12:00 midnight along with every other approval in the future. Mayor Brown stated that there are many people who aren't ready to leave a restaurant at 12:00 a.m. and that she would approve a compromise of 1:00 a.m. Mayor Brown stated that she would make that a condition in any establishment that is not immediately adjacent to residential property. Minutes of the City Council Moorpark, California Page 12 September 6, 1989 Councilmember Harper stated that the operating hours of 12:00 a.m. is arbitrary for competitiveness and they would have to adjust the enforcement. They should establish an ordinance regarding the hours of operation for consistency. Councilmember Perez stated that the applicant met the requirements for the major modification and that they should stop serving alcohol a half hour before closing and that 2:00 a.m. is not unreasonable. Councilmember Lawrason recommended the compromise of 1:00 a.m. and stated that consistency is needed. Mayor Brown stated that she supports the 1:00 a.m. hour of operation. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to approve staff recommendation as amended with regard to the hours of operation to be until 12:00 a.m.; monument signs - -one each for free standing Wendy's, bank and restaurant, inclusion of the performance bond (previously referred to as penal bond); inclusion of Condition 59 as presented by staff and traffic mitigation covenant condition and assessments for art in public places, park contribution and commuter /computer; and that a citywide ordinance be prepared to regulate the operation hours and sale of alcohol to supersede any CPD or PD conditions. AMENDMENT TO THE MOTION: Councilmember Lawrason moved and Councilmember Perez seconded to approve staff recommendation as modified with a 1:00 a.m. hour of operation. The voice vote carried with Councilmember Montgomery dissenting. Councilmember Montgomery stated that this would put existing businesses which are operating under other requirements at a disadvantage. VOTE ON THE MAIN MOTION: The voice vote carried with Councilmember Perez and Mayor Brown dissenting. 5. REORDERING OF, AND ADDITIONS TO THE AGENDA AT THE HOUR OF 10:40 P. M. , Mayor Brown entertained a motion to reorder the agenda. Councilmember Montgomery recommended continuing Item 10.A. City Manager Steven Kueny recommended that Item 11.I. be moved up. He also suggested that Items 11.F., 11.H., 11.J., 11.L. and 11.M. be discussed. Minutes of the City Council Moorpark, California Page 13 September 6, 1989 9. B. Industrial Planned Development_ Permit No. IPD 88 -2 and Variance No. V -88 -2 (Riddle) - proposed industrial planned development permit to construct 24_,000 sq. ft_. automotive center on 1.35 acre site., variance request to allow a zero foot setback along sides_of property_in lieu of required 30 feet landscaping setback along one side of the site located at 13840 E. Los Angeles Ave. Staff Recommendation: Deny without prejudice. Pat Richards, Director of Community Development, indicated this item was continued from August 16, 1989 and referred to the Community Development Committee to resolve the appropriate right -of -way adjacent to the project on Los Angeles Avenue and for project design review. He indicated that after the Committee met with the project engineer on August 31 to review the right -of -way, they determined to support the 88 -foot width. He stated that one member of the Committee met with the applicants and their consultants on September 5 to discuss the site and building design. Mr. Richards indicated the permit streamlining act deadline for the City Council to act is September 20. Mr. Richards also indicated that the Planning Commission recommended denial of the IPD and zone variance without prejudice. Mayor Brown opened the public comment portion of the public hearing. Tom Wolfington, Village Engineers, 790 Hampshire Road, Westlake Village, stated that in addition to the alignment study, design issues were discussed with the Committee. Mr. Wolfington indicated that the applicant is prepared to meet with the Committee. Ile also stated that revisions would be available for the September 20 City Council meeting if the resolution was presented. Mayor Brown, noting there was no one else present who wished to speak on this item, closed the public comment portion of the public hearing. Councilmember Harper stated that the Community Development Committee supports the 88 -foot right -of -way, which would include the median and bike lanes. Councilmember Harper also indicated that he was the only member of the Committee to attend the meeting to discuss the design issues. He requested that the open bays facing the roadway on the front of the proposed building be redesigned. Discussion followed regarding the alignment of the road and siting of the building. Minutes of the City Council Moorpark, California Page 14 Councilmember Harper requested revised in order to meet the recommended that the Community directed to meet again and discuss September 6, 1989 that the conditions be statutory deadline and Development Committee be the design. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to continue this item to September 13, 1989 and direct the Community Development Committee to meet. The voice vote was unanimous. C. Draft Housing Element (March 1989 ) of -the General Plan. - A draft of the revised Housing Element of the City's General Plan as periodic updating required by State law. Staff Recommendation: Direct Staff as deemed appropriate. (Item 9.B. continued from July 19, 9.C. continued from August 16, 1989.) CONSENSUS: It was the consensus of the City Council to continue this item until September 13, 1989. D. Public Hearing Notice Requirments - _A _proposed draft ordinance changing the current_ 300 ft. notice requirement to 1000 ft. with an exception for single family_ residence seeking a zone variance. Staff Recommendation: Approve as submitted and-introduce-first reading. Steve Kueny, City Manager, stated that the proposed ordinance was not ready for introduction and recommended that this hearing be continued until September 13, 1989. Mayor Brown opened the public hearing. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to continue this item on an open hearing basis to September 13, 1989. The voice vote was unanimous. E. Appeal 89 -4 Urban West Communities - An appeal of the Director of CommunityDevelo merit's_ decision to require a 60 foot separation within Tract 4341. Staff Recommendation: Deny the appeal. Paul Porter, Senior Planner, stated that the applicant is requesting that the Council determine the intent that was originally placed on Tentative Tract No. 4341 in the West Village of Mountain Meadows. He stated that Condition No. 17.A creates the open space buffer consisting of nine parcels between Tract No. 4341 and Home Acres. He indicated that the Joint Powers Agreement was established to maintain the buffer area between the tracts and that the entire area would be part of the open space buffer. He also stated that should the JPA not be established during a Minutes of the City Council Moorpark, California Page 15 September 6, 1989 specified timeframe, all but two parcels would could be developed by Urban West. He stated that subsequent to the Council approving the tentative tract, staff received information that the title company had erred and that the northernmost of the two lots was owned by Ventura County Flood Control District. He indicated that the position held by Urban West is that they now have a 70 foot buffer by including the agreement with the Ventura County Flood Control District to allow maintenance of their property and the 20 foot easement for an equestrian trail. He stated that staff recommends denial based on the fact that there was an error made originally by the Title Company and that only VWC owned parcels should be used for the buffer area. Additionally, Staff recommends that in order to meet the intent of establishing the buffer, that the final map must show the 60 -foot buffer from UWC's actual property line. He stated that since the property is owned by the Flood Control District, there is no guarantee that this area would remain as a buffer in the future. Pat Richards, Director of Community Development, clarified which lots would comprise the buffer zone if the JPA is executed. He stated that if the JPA is not executed only Lot W would remain; but, if the JPA is executed, part of Lot Y would be included. Discussion followed regarding the possibility of the development or sale of the parcel by the Ventura County Flood Control District and the concern that it might effect the buffer zone. AT THE HOUR OF 11:15 p.m., Mayor Brown declared a recess. The Meeting reconvened at the hour of 11:40 p.m. Mayor Brown opened the public hearing. Tom Zanic, Urban West, 520 Broadway, Santa Monica, CA 90401, requested interpretation of existing condition on Tract 4341. He stated that the Council approved a minimum buffer of two lots with additional buffer of seven lots set aside by the JPA. He stated the area referred to in Condition No. 17.A is important and that the buffer consisting of Lots 66 and 67 are 70 -feet on the final map, and that there is an underground flood control device on the Flood Control parcel which serves the Home Acres area. He requested that the Council grant the appeal which will define the area they are proposing as a buffer is consistent with 1987 Council decision. Jocelyn Reed, 10851 Citrus Drive, Moorpark, representing Home Acres Neighborhood Council, concurred with staff Minutes of the City Council Moorpark, California Page 16 September 6, 1989 recommendation to deny the appeal. She favored more space between Home Acres and new residents moving into Urban West homes. Mayor Brown, noting there was no one else who wished to speak on this item, closed the public comment portion of hearing. Councilmember Harper stated that if Ventura County Flood Control District did use the parcel for storing vehicles or development, there would be no buffer or vegetation on that parcel. He concurred with staff recommendation to deny the appeal. Councilmember Lawrason indicated that the probability of the Flood Control District using the parcel is remote and that the 70 foot buffer was certain. Mayor Brown stated that if the Flood Control District utilized the property, the buffer would be diminished. Councilmember Perez stated that he concurred with Mayor Brown that if the Flood Control District ever did wish to utilize the property, the buffer would be negated anyway. He indicated that he supports the applicant's request. Councilmember Montgomery expressed concern regarding buffer size and that the granted appeal would provide an incentive for the JPA. MOTION: Mayor Brown moved and Councilmember Perez seconded to grant the appeal. The voice vote carried with Councilmember Harper dissenting. 11. A. Consider Countywide Tree/Natural and Historical Vegetation Preservation Ordinance = a_ report regarding aproposal—to establish vegetation protection throughout __the _County_ Staff Recommendation: Direct the staff as deemed appropriate. CONSENSUS: It was the consensus of the Council to continue this item until September 13, 1989. 11. C. Consider Approval of Arroya Vista Community Park conceptual Master Plan. Staff Recommendation: Approve Conceptual Master Plan as submitted and authorize staff to proceed with the preparation of Phase 1 plan for development. CONSENSUS: It was the consensus of the Council to continue this item until September 13, 1989. Minutes of the City Council Moorpark, California Page 17 September 6, 1989 11. D. Consider construction of restroom at North Meadows Park. Staff Recommendation Direct staff as deemed appropriate. CONSENSUS: It was the consensus of the Council to continue this item until September 13, 1989, 11. G. Resolution of Intent - Joint Powers Agreement: A report regarding the creation of an open space buffer between Tract 4341 and Home Acre. Staff Recommendation: Direct staff to prepare the resolution of intent. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve staff recommendation to prepare a Resolution of Intention as required by the Streets and Highways Code sections 22506, 5117 and 5118. The voice vote was unanimous. 10. COMMENTS FROM COUNCILMEMBERS A. Appointment to Parks and _Recreation Commission. CONSENSUS: It was the consensus of the City Council to continue this item until September 13, 1989. 10. B. Appointment to Planning Commission. Councilmember Perez nominated Roy Talley, Jr. to the Moorpark Planning Commission. Councilmember Montgomery expressed concern that Mr. Talley is currently a member of the Redevelopment Project Area Committee (PAC) and stated that he should resign from the PAC prior to being appointed to the Planning Commission. Mr. Talley indicated that he would resign from the PAC. 10. C. Attendance at League of California Cities Annual Conference. C.1. Authorize overnight attendance at League Convention for Councilmembers Councilmember Montgomery indicated he would attend and pay his own way. C.2. Designate Mayor Brown as voting delegate for 1989 League of California Cities Annual Conference. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded the motion to authorize Mayor Brown and Councilmember Lawrason to attend the League Convention and designate Mayor Brown as voting delegate for 1989 league of California Cities Minutes of the City Council Moorpark, California Page 18 September 6, 1989 MOTION: Councilmember Harper moved and Councilmember Montgomery seconded the motion to authorize Mayor Brown and Councilmember Lawrason to attend the League Convention and designate Mayor Brown as voting delegate for 1989 League of California Cities Annual Conference and Councilmember Lawrason as voting alternate. The voice vote was unanimous. Mayor Brown requested that Lt. Rodriguez return with information from the Van Nuys station of the Los Angeles Police Department regarding their program for citizens allowing police to stop citizens at any time between 1:00 to 5:00 a.m. 11. I. Consider restructuring of Youth Dance Program. Staff Recommendation Direct staff as deemed appropriate. Phil Newhouse, Community Services Director, presented a modified recommendation that the dance include 7th to 9th graders and eliminate Identification Cards and use computer printout of enrollment. This would include 12 to 15 year old students. After discussion, staff suggested changing the grade levels at the dance to include 7th to 10th grades. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded the motion to approve amended staff recommendation with a change to the grades for the dance attendance to 7th to 10th grades. Motion carried unanimously by voice vote. 11. B. Consider for reconsideration a_ request to expedite general plan amendment and zoning change _for Northeast Corner of NEW Los Angeles Avenue and Spring Road. Staff Recommendation: Direct Staff as Deemed Appropriate. Councilmember Montgomery stated that McDonald's should be allowed to present their project. He stated he opposed zoning this site for multi - family residential use and that the corner should be a commercial land use. He also recommended that McDonald's use their own money to produce a proposal to be evaluated by the Council. Councilmember Harper stated that the McDonald's project and the balance of the property will be addressed during the General Plan Update. He stated that a fast food restaurant with traffic impact has no obvious benefit to the community for fast tracking. He stated there are other sites in the community which would be appropriate locations for a McDonald's. Councilmember Perez stated that a well- designed self- contained multi- family project could work. He requested more information regarding the remainder of the Minutes of the City Council Moorpark, California Page 19 September 6, 1989 site and questioned how the removal of this item would affect the General Plan Update. Councilmember Lawrason stated that he supports the proposal and that the zoning should be commercial. He recommended permitting the applicant to take the project out of the update process. Mayor Brown stated that those present tonight may not represent the entire community. She expressed her concern regarding impact on the General Plan. She asked if there was a way to continue to pay the costs of the General plan, but withdraw and pay for separate consideration, including staff time, attorney's time and processing. Mayor Brown indicated she would like to see the plans for the balance of the site. Armend Collen stated he would like to present the plans for the entire parcel, but the current zoning is inconsistent with a commercial application. He is requesting that they be pulled from the General Plan Update process. They have already waited two years and another two years is not financially possible. He stated that they are successful because they find appropriate locations. Mr. Collen also stated that they have located McDonald's at busier intersections. He indicated he only wants an opportunity to bring the project before the Council. Mr. Manual Asadurian, part owner of the property, stated McDonald's is the best restaurant for the property and that a quality project will be built. MOTION: Councilmember Harper moved that the applicant work with staff to develop the scope of the traffic study conducted by a designated traffic engineer, paid for by the applicant; that the traffic analysis will determine what is the present level of service of that interseciton and what is the likely level of service in that intersection after the proposed McDonald's goes in that location; and after the results of the traffic analysis are completed and brought back to the Council, determination will be made whether to pull the project from the General Plan Amendment. Motion failed due to lark of a second. MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to allow the applicant to separate from the General Plan Update and to direct the staff to prepare a scope of work which would include a traffic analysis to be brought back to the Council for review at the earliest possible date; the traffic analyst to be selected by the City and the traffic analysis to be of the entire site; the applicant to pay Minutes of the City Council Moorpark, California Page 20 September 6, 1989 all costs associated with the analysis, including staff time and, in addition, to pay their share of the General Plan Update costs during the intervening time; and no promises for approval of the project to be implied. Motion carried with Councilmember Harper dissenting. 11. F. Consider funding intracity bus service for Moorpark Country Days Event. Staff Recommendation: Approve transfer of reserve funds for Moorpark Country Days event. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded the motion to approve staff recommendation to appropriate $345 (including 10% contingency) from the general fund reserve for intra -city bus service during Country Days; and approve the routing of the bus and the absence of a fare during Country Days. Motion carried unanimously by roll call vote. 11. H. Consider adopting Resolution No. 89 -611 to restrict parki on south side of Hearon street between Monroe Avenue and Collins Avenue. Staff Recommendation: Approve Resolution No. 89 -611. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve Resolution No. 89 -611. The voice vote was unanimous. 11. J. Consider Resolution 89 -612 accepting membership in the Southern California Joint Powers Insurance Authority. Staff Recommendation: Approve Resolution 89 -612. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to adopt Resolution No. 89 -612, executing the agreement between the Authority and the City, and to authorize staff to convert liability coverages from the previous carrier to the Authority; to authorize obtaining tail coverage with a $25,000 S.I.R. back to 1986; and establish a reserve for claims of $45,000 ($25,000 for tail coverage and $20,000 for the Authority S.I.R.) by designating an additional $35,000 of General Fund Reserve for this purpose. The voice vote was unanimous. 11. L. Consider Awarding Contract for Annual Overlay Project. Staff Recommendation: Award contract to S.P. Milling Company. John Knipe indicated that the budget for this project is $210,000. However, the City will be receiving approximately $238,000 in FAU funding for a total of $448,000. The FAU funds can be used for other projects, but is recommended for use at this time since this project has already been bid and is ready now for construction. Minutes of the City Council Moorpark, California Page 21 September 6, 1989 MOTION: Councimember Montgomery moved and Councilmember Lawrason seconded a motion to award the contract for the Annual Overlay Project to S.P. Milling Company in the amount of $270,904.50; approve use of FAU Funding; approve the additional cost to cold plane Campus Park Drive; and authorize the City Manager to approve amendments to the contract not to exceed $27,100. The voice vote was unanimous. 11. M. Consider Code Enforcement Officer Supervisor Classification. Staff Recommendation: Authorize creation of the position. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded the motion to approve staff recommendation to authorize the creation of a Code Enforcement Officer Supervisor position classification with a salary range of $2,422 - $2,944 and authorize recruitment for the position in this year's budget with the appropriate budget amendments to occur prior to the job offer. Motion carried unanimously by voice vote. 11. E. Consider requested background information L.A. Avenue (Virginia Colony). Staff Recommendation: Direct staff as deemed appropriate. (Item 11.M. continued from 7/19, 11.B. continued from 8/16.) CONSENSUS: It was the consensus of the City Council to receive and file this item. 11. N. Consider Time Extension for PD 1062 and PO 1063. Staff Recommendation: CONSENSUS: It was the consensus of the City Council to continue this item until September 13, 1989. 11. K. Storm Drain Crossing of Los__A_ngeles Avenue at Moorpark Avenue. Staff Recommendation: Direct the developer to build the storm drain. CONSENSUS: By consensus the Council determined to continue this item to September 13, 1989. 12. ORDINANCES A. Consider second reading and adoption of Ordinance No. _113. An Ordinance amending the City's Zoning Code related to "For Rent" and "For Lease" signs in multi- family zones. City Attorney Cheryl Kane read Ordinance No. 113 in title. Minutes of the City Council Moorpark, California Page 22 September 6, 1989 MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to read Ordinance No. 11.3 in title only. The voice vote was unanimous. MOTION: Councilmember Lawrason moved and Councilmember Harper seconded a motion to declare Ordinance No. 113 read for the second time and adopted as read. The voice vote was unanimous. B. Consider second reading and__ adoption of Ordinance No. 114 amending Ordinance No. 41. An Ordinance related to Rubbish Collection Hours. City Attorney Cheryl Kane read Ordinance No. 114 in title. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded the motion to read Ordinance No. 114 in title only. The voice vote was unanimous. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded the motion to declare Ordinance No. 114 read for the second time and adopted as read. The voice vote was unanimous. 13. FUTURE AGENDA ITEMS Councilmember Harper requested that the following items be placed on future agendas: A. City policy regarding Minor Modifications relating to residential areas; B. Review of compliance and monitoring of emission standards; C. Presentation by Ventura County Environmental Coalition regarding potential for new greenbelts in Moorpark; D. Emergency response time in the City and report regarding funds available from the County and State to put paramedics in the new fire stations; E. Kavlico request for meeting of Industrial Development Authority. F. Staff report on actual status of roof monitoring regarding Kavlico project. Councilmember Perez requested that Council also discuss at a future meeting how to reduce the size of the agenda. Councilmember Montgomery requested that the staff should make an effort to codify requirement fees for Art in Public Places, parks contributions, commuter /computer and performance bonds. Minutes of the City Council Moorpark, California Page 23 September 6, 1989 Mayor Brown noted that per previous discussion, an ordinance relating to the hours of operation and alcohol sales should be brought back before the Council. 14. CLOSED SESSION MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to adjourn into Closed Session at the hour of 2:20 a.m. for discussion of the following items: B. Potential litigation pursuant to Government Code Section 54956.9(b)(1). C. Potential litigation pursuant to Government Code Section 54956.9(c). D. Litigation concerning City of Moorpark vs. Moorpark Unified School District. E. Litigation concerning Moorpark Unified School District vs. City of Moorpark. F. Negotiation for real property at 289 Casey Road (former high school site - Moorpark Unified School District) pursuant to Government Code Section 54945.8. G. Litigation concerning City of Moorpark vs. Southern California Edison. H. Litigation concerning Villa Del Arroyo vs. City of Moorpark. I. Litigation concerning City of Moorpark vs. Fedelety Corporation (Arroyo Vista Park). J. Litigation concerning Ventura County Community College District vs. City of Moorpark. The meeting reconvened into open session at the hour of 2:57 a.m. Steve Kueny, City Manager stated there was no action to report out of the Closed Session and that items 14.G, 14.11 and 14.I were not discussed. Minutes of the City Council Moorpark, California Page 24 September 6, 1989 15. ADJOURNMENT Councilmember Harper moved and Councilmember Montgomery seconded a motion to adjourn the meeting to 6:00 p.m. on September 13, 1989. The time was 2:58 a.m. Eloise Brown, Mayor ATTEST: