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HomeMy WebLinkAboutMIN 2005 1102 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California November 2, 2005 A Regular Meeting of the City Council of the City of Moorpark was held on November 2, 2005, 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 7:08 p.m. 2. PLEDGE OF ALLEGIANCE: Andrew Cibelli, Brett Pozza, Brian Schwartz, Timmy Stuhr and Ryan Swanson of Cub Scout Pack 3604, Den No. 9, presented colors and led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Mary Lindley, Parks /Recreation and Community Services Director; Barry Hogan, Community Development Director; Johnny Ea, Finance Director; Sergeant Craig Smith, Sheriff's Department; Deborah Traffenstedt, Administrative Services Director /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation Recognizing October 2005 as Breast Cancer Awareness and End Domestic Violence Month. Mayor Hunter presented a proclamation recognizing October and November 2005 as Breast Cancer Awareness and End Domestic Violence months to Elizabeth Fair, President of Conejo Soroptimist Club. B. Presentation by Hurricane Katrina Relief Committee. Mindy Yaras, Chairperson for the Hurricane Katrina Relief Committee, introduced fellow committee members and the evacuee family from New Orleans. Ms. Yaras Minutes of the City Council Moorpark, California Page 2 November 2, 2005 recognized organizations that have contributed to the family and described the numerous donations from the Moorpark community. 5. PUBLIC COMMENT: Dale Parvin, representing the Rotary Club of Moorpark, invited the community to the Civil War Event on Saturday, November 5, and Sunday, November 6, at Tierra Rejada Ranch. Colonel Ed Mann, participant in the Civil War Event, described the civil war battles to be re- enacted and stressed the historical impacts of the Civil War on American society. Gerald Goldstein spoke about construction taking place on Los Angeles Avenue. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mr. Kueny requested Item 8.D. be removed from the agenda calendar as the City and property owner have reached an agreement. CONSENSUS: It was the consensus of Council to remove Item 8.D. from the agenda calendar. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:35 p.m. The City Council meeting reconvened at 7:36 p.m. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos announced a three -mile hike to Happy Camp Canyon Regional Park on Sunday, November 6. Councilmember Parvin announced the Theater on High Street is showing "The Best of the Ojai Film Festival" from November 10 -13. Mayor Hunter announced the Holiday Toy Express will be in Moorpark Sunday, November 20, and that the Southern California Firefighter's Spark of Love Toy Drive will be taking place in the south Metrolink parking lot where firefighters will be collecting unwrapped toys for needy children. Minutes of the City Council Moorpark, California Paae 3 November 2, 2005 Mayor Hunter announced free disposal of household hazardous waste including paint, cleaning chemicals, garden chemicals, fluorescent light tubes, batteries, motor oil and oil filters is available to Moorpark residents on the second Friday and Saturday of the month, and on the third Saturday of each month. 8. PUBLIC HEARINGS: A. Consider Zoning Ordinance Amendment No. 2004 -06: to Chapter 17.40 (Sign Requirements) to Address Banner /Special Event Signing, Open House, Garage Sale Signing, and to Reorganize the Sign Regulations for Greater Clarity and Ease of Use. (continued from October 5, 2005, with public hearing open) Staff Recommendation: 1) Continue to accept public testimony, and close the public hearing; and 2) Introduce Ordinance No. r approving Zoning Ordinance Amendment No. 2004 -06, for first reading and schedule second reading and adoption for November 16, 2005. Mr. Hogan requested this item be continued with public hearing open to allow Council additional time to review the changes. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to continue the item with public hearing open, to December 7, 2005. The motion carried by unanimous voice vote. B. Consider an Ordinance Amending the City's Moorpark Library Facilities Fee. Staff Recommendation: 1) Open the public hearing, receive public testimony, and close the public hearing; and 2) Introduce Ordinance No. 325 for first reading, waive full reading, and schedule second reading for November 16, 2005. Ms. Lindley gave the staff report. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Minutes of the City Council Moorpark, California Paqe 4 November 2, 2005 Mayor Hunter closed the public hearing. Mr. Montes read the title of Ordinance No. 325. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to waive further reading, declare Ordinance No. 325 read for the first time, and scheduled second reading and adoption for November 16, 2005. The motion carried by unanimous voice vote. C. Consider Resolution for Commercial Planned Development (CPD) No. 2005 -03 to Allow Construction of a 15,505 Square Foot Office Building on One -Acre at 145 Park Lane on the Application of Bob Gehricke. Staff Recommendation: 1) Open the public hearing, take public testimony and close the public hearing; and 2) Adopt Resolution No. 2005 -2409 approving CPD No. 2005- 03. Mr. Hogan gave the staff report. Mayor Hunter opened the public hearing. Bob Gehricke of Gehricke Architects, 483 E. High Street, Moorpark, California, stated the occupancy of the building will be professional offices including his own architectural business. A discussion among Councilmembers, staff, and the applicant determined not to place a restriction on the hours or days of business; however, the Community Development Director would have the authority to establish hours of operation through a Permit Adjustment when in his /her opinion limits on hours of operations were necessary to maintain compatibility with the adjacent residential uses. It was also determined any exterior maintenance, cleaning, sweeping and landscape work would only be performed between 7:00 a.m. and 7:00 p.m. Monday through Saturday. Helen Rabano, co- applicant, stated they intend to have a very select type of tenant and she was available for questions. Mayor Hunter closed the public hearing. Minutes of the City Council Moorpark, California Paqe 5 November 2, 2005 MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to adopt Resolution No. 2005 -2409, approving CPD No. 2005 -03, as amended for Conditions of Approval to limit hours for cleaning, sweeping and landscape work to be performed only between 7:OOa.m. and 7:OOp.m. Monday through Saturday with the Community Development Director having the authority to establish hours of operation through a Permit Adjustment when in his /her opinion limits were necessary to maintain compatibility with the adjacent residential uses. The motion carried by unanimous voice vote. D. Consider Resolution of Necessity for Acquisition of Certain Interests in Property Known as a Portion of Parcel 1, PM No. LDM 92 -1 (APN 512 -0- 180 -080), Located at the Northeast Corner of Spring Road and New Los Angeles Avenue, within the City of Moorpark (McDonald's). Staff Recommendation: Subsequent to acceptance of public comments and review of all relevant facts, adopt Resolution 2005- ROLL CALL VOTE REQUIRED: 2 /3rds affirmative vote This item was removed from the agenda calendar. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Ordinance Replacing Title 6 of the Moorpark Municipal Code, Animals. (continued from October 5, 2005) Staff Recommendation: Introduce Ordinance No. for first reading, waive full reading, and schedule second reading and adoption for November 16, 2005. Ms. Lindley gave the staff report. Kathleen Winters spoke in support of the ordinance and requested it retain the requirement for two parties to have to sign a complaint in order for there to be considered a nuisance. Dean Cretal, Julie Leibert, and Mitchell Leibert concurred with Ms. Winters' comments in support of the ordinance. A discussion among the Councilmembers and staff determined the need to provide clarifying language to Minutes of the City Council Moorpark, California Paqe 6 November 2, 2005 distinguish the difference between the sections on Animal Noise and Animal Nuisance; and to provide a preamble to explain the two processes. William Polori discussed hours of operation for the public to contact the City with animal complaints. CONSENSUS: It was the consensus of Council to remove this item from the agenda calendar; direct staff to add clarification language concerning animal noise and animal nuisance; and to reschedule the agenda item. B. Consider Interim Urgency Ordinance Making Findings and Establishing a Temporary Moratorium on Permitting New or Amended Uses for Adult Businesses, Body Piercing and /or Tattoo Establishments, Massage Establishments and Secondhand Dealer Establishments within the City. Staff Recommendation: 1) Adopt Interim Urgency Ordinance No. 326; 2) Instruct staff to analyze whether and /or how the City should proceed in its regulation of the Permitted Uses; and 3) Schedule and notice a public hearing for December 7, 2005, to extend the Interim Urgency Ordinance. ROLL CALL VOTE REQUIRED: 4 /5th affirmative vote Mr. Hogan gave the staff report. David Burke spoke about purchasing an eBay franchise, obtaining a business license, and completing an application with the City to start his eBay drop -off store. In response to Council questions, he stated the business is not a secondhand dealership; customers do not buy or sell in- store; everything is sold online; payment is collected and the items are shipped from his store. CONSENSUS: It was the consensus of Council to acknowledge Mr. Burke's application for an eBay business does not fall into the category of a Prohibited Use and the application will be processed as an Administrative Permit. Mr. Montes read the title of Interim Urgency Ordinance No. 326. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive further reading, adopt Interim Urgency Ordinance No. 326, and schedule a public Minutes of the City Council Moorpark, California Page 7 November 2, 2005 hearing for December 7, 2005, to consider extending the Interim Ordinance. The motion carried by unanimous roll call vote. C. Consider Options for Action to Address Vacancies on the Project Area Committee (PAC). Staff Recommendation: Direct staff as deemed appropriate. Mr. Moe gave the staff report. A discussion among Councilmember and staff focused on the lack of interest among residential tenants in participating in the PAC; the limited number of voters who participated in the first PAC election; and the willingness of the remaining seven PAC members to move forward with the process without filling the vacancies. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Mayor Hunter moved and Councilmember Millhouse seconded a motion to bring back a Resolution on December 7, 2005, to amend the Project Area Committee procedures to allow the process to continue despite the vacancies. The motion carried by unanimous voice vote. D. Consider Resolution Approving Requests for the Transfer of Cable Television System Franchise Responsibilities to Time Warner and Approve Settlement and Release Agreement for Franchise Fees Due to the City. Staff Recommendation: 1) Adopt Resolution 2005 -2410; 2) Authorize Mayor to sign Change of Ownership Consent Agreement, subject to final language approval by the City Manager and City Attorney; and 3) Authorize City Manager to sign Settlement and Release Agreement for Franchise Fees, subject to final language approval by the City Manager and City Attorney. Mr. Riley gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. In response to Councilmember Harper Patricia Fregoso- Cox, manager for Adelphia, stated she would look into Minutes of the City Council Moorpark, California Paae 8 November 2. 2005 correcting the disparity in audio levels between HBO broadcasts and the regular cable channels and report back to him. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to: 1) Adopt Resolution No. 2005- 2410; 2) Authorize Mayor to sign Change of Ownership Consent Agreement, subject to final language approval by the City Manager and City Attorney; and 3) Authorize City Manager to sign Settlement and Release Agreement for Franchise Fees, subject to final language approval by the City Manager and City Attorney. The motion carried by unanimous voice vote. E. Consider Cancellation of January 4, 2006, Regular Meeting. Staff Recommendation: Direct staff to post a notice of cancellation for the January 4, 2006, meeting. Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to direct staff to post a notice of cancellation for the January 4, 2006, meeting. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of Item 10.A. Minutes of Special Meeting of September 21, 2005, which were pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Special Meeting of October 5, 2005. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2005 -2006 - November 2. 2005. Staff Recommendation: Approve the warrant register. Minutes of the City Council Moorpark, California Page 9 November 2, 2005 C. Consider Contract for Water Fountain Maintenance. Staff Recommendation: Authorize the City Manager to execute a contract with All Pro Pool & Spa for water fountain maintenance and repair. D. Consider Resolution Authorizing Submittal of a Fiscal Year 2005/06 Tire - Derived Product (TDP) Grant Application to the California Integrated Waste Management Board. Staff Recommendation: Adopt Resolution No. 2005 -2411. E. Consider Notice of Completion and Resolution Amendin the Fiscal Year 2005/06 Budget for the Construction of a Sub -Drain on Little Hollow Place. Staff Recommendation: 1) Accept the work as complete; and 2) Adopt Resolution 2005 -2412. ROLL CALL VOTE REQUIRED The following item was pulled for individual consideration: 10. A. Consider Approval of Minutes of Special Meeting of September 21, 2005. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve the minutes of the Special Meeting of September 21, 2005. The motion carried by voice vote 4 -0, Mayor Hunter abstaining. 11. ORDINANCES: A. Consider Ordinance No. 323 Amending Section 10.04.180 of Title 10, Vehicles and Traffic, of the Moorpark Municipal Code Pertaining to Parking in Spaces for the Disabled. Staff Recommendation: Waive full reading and declare Ordinance No. 323 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 323. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to waive further reading and declare Ordinance No. 323 read for the second time and adopted as read. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Paae 10 12. CLOSED SESSION: None was held. 13. ADJOURNMENT: November 2, 2005 MOTION: Councilmember Harper ved an Counci seconded a motion to adjourn. The motio ca �y� voice vote. The time was 9:30 p.m. /� ATTEST: D..,,P Deborah S. TraffenstWfft City Clerk nbe&' Parvin y /unanimous ick Hgnter, Mayor