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HomeMy WebLinkAboutMIN 1989 0913 CC ADJMINUTES OF THE CITY COUNCIL Moorpark, California September 13, 1989 An Adjourned Meeting of the City Council of the City of Moorpark, California was held on September 13, 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 6:25 p.m. by Mayor Eloise Brown. Present: Councilmembers Clint Harper, Paul Lawrason, Scott Montgomery, Bernardo Perez and Mayor Eloise Brown; Steven Kueny, City Manager; and Cheryl Kane, City Attorney; CLOSSED SESSION: MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to adjourn to Closed Session to discuss items 14.B. Potential litigation pursuant to Government Code Section 54956.9(b)(1); 14.D. Litigation concerning City of Moorpark vs. Moorpark Unified School District; Litigation concerning City of Moorpark vs. Fedelety Corporation (Arroyo Vista Park). The voice vote was unanimous. Present in Closed Session were Councilmember Clint Harper, Paul Lawrason, Scott Montgomery, Bernardo Perez and Mayor Eloise Brown; Steven Kueny, City Manager; Cheryl Kane, City Attorney; Pat Richards, Community Development Director joined the Closed Session at 6:40 p.m.; John Knipe, Assistant City Engineer joined the Closed Session at 6:44 p.m. The meeting reconvened into open session at 7:05 p.m. Steven Kueny, City Manager stated there wFs no action to report out of Closed Session. AT THIS POINT in the meeting, Mayor Brown declared a 5 minute recess. The meeting reconvened at 7:10 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Perez. 3. ROLL CALL: Present: Councilmembers Harper, Lawrason, Montgomery, Perez and Mayor Brown. Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; John Knipe, Assistant City Engineer; Pat Richards, Director of Community Development; Phil Newhouse, Director of Community Service; Debbie Traffenstedt, Senior Planner; and Lillian Kellerman, City Clerk. Minutes of the City Council September 13, 1989 Moorpark, California Page 2 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: None. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: By consensus the Council determined to hear item 11.0. after Committee Reports. 6. PUBLIC COMMENTS: A. Michael Horowitz, 996 Calle Ruiz, Thousand Oaks, complained to the Council about delays in processing his project (IPD 88 -1) on Fitch Avenue. B. Connie Lawrason, 4291 Amber - meadow Street, reported a dangerous situation with truck traffic and illegal truck parking on sections of Highway 118. C. Ken Shishido, 800 S. Figueroa, Los Angeles, said he was present for the Embassy Group and would answer any questions the Council might have on item 11.N. D. Frank Jansen, 800 S. Figueroa, Los Angeles, said he was present from the Embassy Group and had given the Council a hand -out summarizing the agreed upon improvements and expenditures to date on PD 1062. 7. COMMITTEE REPORTS: None. 11. 0. Consider Violation of Condition No. 14 of PD No. 318 fKavlico) concerning Scre_e_ninq of ._Roof Mounted Equipment. Staff Recommendation: Direct staff to require roof screening. Councilmember Harper reported that he had visited the site with Mr. Tackman and Mr. Kavli and had been told that the attachment of additional screening to the roof might cause it to leak. He said it was his suggestion that the roof utilities be repainted to make them less obvious and that failing that, Mr. Kavli had indicated he was willing to install the screening as required by the City. Bruce Tackman addressed the Council and said that he agreed with the statements made by Councilmember Harper and would be willing to go forward with the proposed screening if the repainting did not solve the situation to the City's satisfaction. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to refer the item back to staff to work with the applicant to first attempt painting of one or more of the roof top units, and if not satisfactory to the City staff to reagendize the item with a recommended action. The voice vote was unanimous. Minutes of the City Council September 13, 1989 Moorpark, California Page 3 Industrial Development Authority MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to adjourn the City Council Meeting and convene the Industrial Development Authority of the City. The voice vote was unanimous. The Industrial Development Authority was convened at 7:40 p.m. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to adjourn the Industrial Development Authority at the hour of 7:50 p.m. and reconvene the City Council Meeting. The voice vote was unanimous. 8. CONSENT CALENDAR: None. 9. PUBLIC HEARINGS: 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., yariance_request to allow a zero foot setback along sides of_pro_erty _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. (Item 9.C. con't from 8/16, Item 9.B. con't from 9/6.) Pat Richards reported that a meeting had taken place with the applicant on September 8 to discuss the revised plan that had been submitted. The end result was a modified plan which was received Monday and was now before the Council. He indicated that the staff's recommendation was still to deny without prejudice. Mayor Brown opened the public hearing. John Newton, 165 High St., spoke representing the applicant. He discussed the set back requirements, and the parking arrangement which would allow for more landscaping. He said the building was 30 feet back from the right -of -way line on the ends and approximately 92 feet back from the right -of -way line in the center. He said the issue is whether a driveway isle can occur where it has been previously required of others to be landscaped. He said that the unusual configuration of the site made their plan a reasonable interpretation of this code section. Minutes of the City Council September 13, 1989 Moorpark, California Page 4 Neal Scribner, 10855 Presilla Re., Camarillo, the architect for the project addressed the Council. He said that the intent was for there to be an acceptable setback all along the east side. He said an additional 10 foot setback was provided on the west side even though it wasn't required. He said another thing he had done was to close the east driveway which helps traffic and added a landscape area to the front of the building making it difficult to look into the project from the street. Councilmember Lawrason said that he felt the landscape setback was sufficient for the project and that he believed that a longer time for use inauguration was justified. Councilmember Harper said that he still preferred the building reversed because of its type of use. He said he favored some type of language to allow the City the option to take over the landscape maintenance and charge the tenant for it. Mayor Brown said she felt there had to be a longer time for the use inauguration particularly where you have demolition. She stated that a busy state highway was not the place for a meandering sidewalk. Councilmember Montgomery said he was very uncomfortable with the project although improvement had been made. He said he didn't think the internal circulation of the project would work. Councilmember Lawrason suggested a way to amend condition No. 3 by saying if the project is not inaugurated (building foundation slab in place and substantial work in progress) within one year after this permit is granted, this permit shall automatically be extended for up to one additional year for project inauguration. The Council discussed the advantage of having any extension of use inauguration come before the Council after a year. MOTION: Councilmember Lawrason moved and Mayor Brown seconded a motion to amend condition No. 3 to be amended as read by Mr. Lawrason. The motion failed 2 -3, Councilmembers Harper, Montgomery, and Perez dissenting. MOTION: Councilmember Harper moved that in Condition No. 4 the words auto body and paint uses be struck so that the sentence reads "no retail sales of any kind shall be permitted." The motion died for lack of a second. AMENDMENT TO THE MOTION: Councilmember Harper moved and Mayor Brown seconded a motion to rewrite Condition 4 to allow auto body and painting uses if a monitoring and enforcement mechanism could be put in place for environmental protection. The voice vote was unanimous. Minutes of the City Council September 13, 1989 Moorpark, California Page 5 AT THIS POINT in the meeting, Mayor, Brown declared a 15 minutes recess. The meeting reconvened at 9:25 p.m. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to deny without prejudice. The voice vote carried 4 -1, Councilmember Lawrason dissenting. CONSENSUS: By consensus the Council determined to hear items 11.C., 11.D., 11.K., and 11.N. 11. DISCUSSION /ACTION ITEMS: 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 I plan for development. Mr. Kueny suggested that based on the testimony received from the Little League and the AYSO representative, the Public Works Committee should meet with Mr. Newhouse and himself to see if a couple of minor changes to the athletic field in the Master Plan could incorporate some of the changes desired by those groups. The Council discussed the pavilion in the passive area and the road to it. Councilmember Harper said that he would very much like to see the pavilion moved from the passive area. MOTION: Councilmember Montgomery moved to refer the item back to the Public Works Committee and staff to review the Master Plan with regard to the pavilion in the passive area, shortening the road, soccer fields and alignment of the ball diamonds. The voice vote was unanimous. D. Consider construction of restroom at North Meadows Park. Staff Recommendation Direct staff as deemed appropriate. Mr. Newhouse reported that the Parks and Recreation Commission had again reviewed this item and felt that many people were using Peach Hill Park instead of North Meadows Park due to the lack of a restroom at North Meadows. He said that as part of the Urban West Communities settlement they were to contribute $40,000 or construct a 500 square foot public restroom facility of equal value in a City park at the City's option. He said that the Parks and Recreation Commission unanimously recommends the Council direct Urban West to construct a restroom facility at North Meadows Park. Councilmember Montgomery said he agreed with Mayor Brown that the money shouldn't be used from the Urban West Settlement but he said he was willing to build the restroom if the $40,000 was a loan from the community park fund. Minutes of the City Council September 13, 1989 Moorpark, California Page 6 MOTION: Councilman Montgomery moved and Councilmember Perez seconded a motion to direct the staff to go out to informal bid by soliciting three bids for a minimal facility restroom at North Meadows Park and to return to the Council for evaluation and selection. The voice vote was unanimous. K. Storm Drain Crossing of Los Angeles Avenue at Moorpark Avenue. Staff Recommendation: Direct the developer to build the storm drain. Mr. Kueny said that he would like to make a revised recommendation that the developer of PD1010 (Palmer) be released from his obligation if the City in conjunction with that release received a payment of $50,000 to satisfy their obligation to pave -out the balance of Moorpark Avenue. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded the staff recommendation as revised by the City Manager. The voice vote was unanimous. CONSENSUS: By consensus the Council determined to hear Mr. Kenneth Shay, attorney for Palmer. Mr. Shay said the City was holding performance bonds on the project and ask if the City would release them. Mr. Kueny said that as part of the agreement the City would release all remaining performance bonds for PD1010. N. Consider request for extension to use inaugurate_beyond the one vear originally aranted by Condition 4, Res. 87 -416 and Res. 87 -417 (PD1062 and P01063 - Embassy Group,_Inq Staff recommendation: Direct staff as deemed appropriate. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to table the item. The voice vote carried 4 -1, Mayor Brown dissenting. A. Consider Countywide Tree /Natural _and_ Historical Vegetation Preservation Ordinance - a report regarding a proposal to establish vegetation __rotection throughout the County. Staff Recommendation: Direct the staff as deemed appropriate. CONSENSUS: By consensus the Council determined to continued this item until the October 18 City Council meeting. AT THIS POINT in the meeting Mayor Brown declared a 15 minute recess. The meeting reconvened at :10:45 p.m. 9. PUBLIC HEARINGS (Continued) 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. con't from 7/19, 9.C. from 8/16, 9.C. from 9/6.) Minutes of the City Council Moorpark, California Page 7 September 13, 1989 Pat Richards said that State law requires the City to adopt revisions to the Housing Element. He said that all housing elements in the SCAG region are to be updated every 5 years. Certain items must be included in the Housing Element -- identification and analysis of the existing and projected housing needs; statement of goals and policies, quantified objectives and scheduled programs for the preservation and development of housing in the community; and the identification of adequate sites for housing and making adequate provisions for the existing and projected needs for all economic segments of the community. Debbie Traffenstedt summarized the contents of the draft Housing Element. Mayor Brown declared the public hearing open. Mr. Ronald Tankersly, 2800 28th St., Santa Monica, addressed the Council representing Carlsberg. He said the historical and projection information had inconsistent cut -off points which made it difficult for him to correlate the data. He suggested that information on single - family residential units permitted by the current General Plan should be included. He also said total occupied housing units needed to be made clear in the tables and he would like to know how the total number of exempt units was calculated as well as how many potential total housing units could be constructed based on the current Land Use Element. In response to Councilmember Harper, Mr. Richards said that multi - family is traditionally in the area where transit and shopping are easy to get to, goods and services such as doctors easy to reach. He said we may find several years from now, as we evolve in the land use element of our general plan, that there is the possibility for other multi- family areas but at this point in time it is necessary to identify those areas that can take advantage of the infrastructure which is in the core area. Councilmember Montgomery indicated he would like to know what portion of the redevelopment area was in the defined core area. The Council discussed the following changes: 1) On page 17 define senior citizen and review the estimate given for the total number of senior citizens in Moorpark; 2) On page 17 single farmworkers should also be shown as having special housing needs; 3) On page 71 delete core area policy; 4) On page 77 add the word, "unnecessary ", to Goal 1. Minutes of the City Council September 13, 1989 Moorpark, California Page 8 Councilmember Lawrason suggested that the comments made by Ron Tankersley should be reviewed and responded to as appropriate. CONSENSUS: The Council determined to direct staff to bring back the Draft Housing Element with the revisions as discussed above and a resolution for adoption. Mayor Brown declared the public hearing closed. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue the item to a date uncertain. The voice vote was unanimous. D. Public Hearing Notice Requirements - A proposed draft ordinance changing the current _3.00 ft. notice requirement to 1000 ft. with an exception for one single family residence seeking a zone variance. Staff Recommendation: Approve as submitted and introduce first reading. (Item 9.D. con't from 9/6.) Mayor Brown opened the public hearing. Mr. Kueny said that staff recommended that this item be continued to October 18, 1989. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue this item to the second Council Meeting in October. The voice vote was unanimous. 10. COMMENTS FROM COUNCILMEMBERS: A. Appointment to Parks and Recreation Commission. Councilmember Montgomery requested a continuance on this item to a regularly scheduled meeting. 12. ORDINANCES None. 13. FUTURE AGENDA ITEMS: During a discussion of future agenda items, the Council indicated they would like the following items agendized: 1. Use inauguration discussion. 2. Drainage problem at North Meadows. 3. Report on Simi Valley annexation area. 14. CLOSED SESSION: MOTION: Councilmember Perez moved and Councilmember Lawrason seconded a motion to adjourn into Closed Session at the hour of 11:58 p.m. for a discussion of the following items: Minutes of the City Council September 13, 1989 Moorpark, California Page 9 15 ATTEST: A. Personnel. 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 voice vote was unanimous. Present in closed session were all Councilmembers; Steven Kueny, City Manager; Cheryl Kane, City Attorney; Richard Hare, Deputy City Manager; and Pat Richards, Director of Community Development. Pat Richards left the Closed Session at 12:29 a.m. The meeting reconvened into open session at the hour of 1:18 a.m. City Attorney Cheryl Kane stated that only items 14.B. C. D. E. H. and J. had been discussed and that there was no action to report out of Closed Session. ADJOURNMENT: MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to adjourn the meeting at the hour of 1:19 p.m. The voice vote was unanimous. Lillian E. Kellerman, City Clerk Eloise Brown, Mayor l