HomeMy WebLinkAboutMIN 1988 1219 PC ADJt
MINUTES OF THE ADJOURNED CITY COUNCIL
AND JOINT MEETING OF THE CITY COUNCIL
AND THE PLANNING COMMISSION
Moorpark, California
December 19, 1988
The adjourned meeting of the City Council of the City of Moorpark was held
on December 19, 1988 at 6:30 p.m. in the Council Chambers of City Hall
located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
The Meeting was called to order at the hour of 6:40 p.m. by Mayor
Eloise Brown.
2. PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Councilmember Harper.
3. ROLL CALL:
Present: Councilmembers Clint Harper, Paul Lawrason, Scott
Montgomery, Bernardo Perez and Mayor Eloise Brown.
Steven Kueny, City Manager; Patrick Richards, Director of
Community Development; Richard Hare, Deputy City Manager;
Susan Cauldwell, Administrative Assistant; Dennis Delzeit,
City Engineer; Lt. Richard Rodriguez, Sheriff's
Department; and Sally Coons, Secretary.
4, PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS:
No proclamations, commendations or special presentations were made.
5. REORDERING OF AND ADDITIONS TO, THE AGENDA:
City Manager Kueny corrected a clerical error on the Agenda,
advising that Agenda Item 7. Committee Reports was inadvertently
omitted and should be added.
6. PUBLIC COMMENTS:
None
7. COMMITTEE REPORTS:
Minutes of the City Council
Moorpark, California Page 2
December 19, 1988
Councilmember Harper advised that he, Mayor Brown and City Manager
Kueny met with the School District regarding negotiations for the
Casey Road Site. The report will be given in Closed Session.
Councilmember Perez advised that he and Mayor Brown attended a
luncheon meeting in Oxnard where Congressman Anderson was the
speaker. Discussion centered on the Port Hueneme expansion.
Mayor Brown provided a written report on her attendance at the City
Selection and VCAG Executive Committee Meetings held on December 9,
1988. By Council concensus, Mayor Brown's suggestion to address a
letter to each newly elected Commissioner of the Ventura County
Transportation Commission supporting the retention of the TPPC was
approved.
Mayor Brown also provided a written report on her attendance at the
Airport Land Use Commission, advising that this Commission will be
dissolved into the newly formed Ventura County Transportation
Commission.
8. CONSENT CALENDAR: Roll Call Vote Required.
MOTION: Upon motion by Councilmember Harper, seconded by
Councilmember Montgomery, the following items were approved by a
unanimous roll call vote:
A. Approval of Warrant Register 1987/88: 300.63
— Payable Warrant No. 7942
B. Approval of Warrant Register 1988/89:
- Prepaid Warrants Nos. 7844,7857,7860,
7928,7930 -7936 $498,195.22
- Payable Warrants Nos. 7943 -7999 $218,102.67
C. Consider approval or minutes
s be approved as presented.
G. Consider the approval of an agreement to construct)
recommended approval of the final map and authorization for the
Mayor to sign the agreement.
H. Consider City response t0 HICOOOI7C DeVeraye VUII bI VI v
concerning liquor license_a��lication for 496 Moorpark Ave
(Lantern House Restaurant Z Staff recommended the report
received and filed.
I. Consider participation in formation of JPA with other col
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Moorpark, California Page 3 December 19, 1988
Staff recommended participation be authorized and the joint
powers agreement be approved; that the Mayor be authorized to
sign; and that $1,200 be appropriated from the General Fund
Reserve.
The following items were pulled for individual consideration by the
Council:
E. Consider Status Report on Tract 2865 (Pacifica) Booster Pump
Station. Staff recommended the report be received and filed.
City Manager Kueny advised that some discussion has transpired
between City Council member( s) and Mr. Goulet (Public Works
Department of Ventura County) concerning the pump station block
wall being removed at the appropriate time at City expense.
Councilmember Harper advised that he felt this was a reasonable
compromise since the City requested the block wall. Mayor
Brown commented that the Water District would be obligated to
remove the wall if it were any other construction, such as
chainlink.
By concensus of the Council, this item is to be placed on the
January 4, 1989 Agenda for consideration.
MOTION: Councilmember Montgomery moved and Councilmember Lawrason
seconded a motion to receive and file the report. The voice vote
was unanimous.
F. Consider reduction of bonds for Tract 2865 -1 (Pardee). Staff
recommended that the Performance and Payment Bond be reduced to
$200,000; and the Grading Bond to $350,000.
In response to concerns expressed by Councilmember Lawrason
regarding the remaining work, Director of Community Development
Pat Richards advised that the exterior stucco facing to be
applied to the wall along the! north side of Tierra Rejada Road
will be a two -coat application, and that Staff is satisfied
with the structural integrity of the wall.
MOTION: Councilmember Lawrason moved and Councilmember Perez
seconded a motion to authorize the City Clerk to reduce Performance
and Payment Bond No. 400FJ3559 from $580,000 to $200,000; and to
reduce Grading Bond No. 400FJ3556 from $483,000 to $350,000. The
voice vote was unanimous.
9. PUBLIC HEARINGS:
No public hearings were held.
10. COMMENTS FROM COUNCILMEMBERS_
( Councilmember Harper advised that there was a recent article in the
Moorpark News concerning the safety of school children on Route 118.
Minutes of the City Council
Moorpark, California Page 4 December 19, 1988
He suggested this item be referred to the Public Works Committee for
study and resolution for the Council's consideration.
Discussion included the need to work closely with the school
district on this problem.
By concensus, this item was referred to the Public Works Committee,
to be agendi zed in the future when the Committee has completed its
study and made a recommendation for the Council's consideration.
Councilmember Perez requested that Staff determine the status of
replacing the current "yield" sign located on Tierra Rejada Road and
Moorpark Road with a "stop" sign.
Mayor Brown questioned the placement of the "no right turn on red"
sign located near the intersection of Spring Road, High Street and
Los Angeles Avenue. She advised that vehicles traveling east on
High Street cannot see the sign. City Engineer Delzeit advised that
Caltrans has been requested to relocate that sign, however he
conjectured that it probably turned as a result of the recent high
winds.
Mayor Brown advised that the City of Carpenteria charges insurance
companies for traffic investigation and accident reports. She
questioned whether Moorpark is doing this, and if not, can this
system be implemented. Staff to check with the Sheriff's Department
i and report back.
11. DISCUSSION /ACTION ITEMS:
A. Discussion of City activities /Projects. Staff Recommended
consideration of priorities for the Community Development
Department.
By concensus, the Council deferred this item for discussion
during the joint meeting with the Planning Commission.
ed workshops: Staff recomme
zed at selected workshops.
1.
2. City Council -
Mayor Brown and Councilmembers Lawrason and Perez indicated
their desire to attend the 1989 Mayors and Council Members
Orientation Institute (January 25 -27, 1989) in San Jose.
MOTION: Councilmember Harper moved and Councilmember Montgomery
seconded a motion to approve the attendance of any of the
Councilmembers at the Orientation Institute with attendance at the
3
Minutes of the City Council
Moorpark, California Page 5 December 19, 1988
Team Leadership Workshop considered at a later date. The voice vote
was unanimous.
12. ORDINANCES:
A. Ordinance No 104. A proposed ordinance regulating smoking in
public places and places of employment specifying exemptions,
providing implementation requirements and making findings of
fact in support thereof. Staff recommended approval of the
proposed ordinance for second reading and adoption.
City Manager Kueny read Ordinance No. 104 in title only.
MOTION: Councilmember Harper moved and Councilmember Perez seconded
a motion to read the Ordinance in title only. The voice vote was
unanimous.
MOTION: Councilmember Montgomery moved and Councilmember Perez
seconded a motion to declare Ordinance No. 104 read for the second
time and adopted as read. The voice vote was unanimous.
B. Ordinance No. 105. A ro osed ordinance adopting a new
Zoning Map for the City. Staff recommended approval of
the proposed ordinance for second reading and adoption.
City Manager Kueny read Ordinance No. 105 in title only.
MOTION: Councilmember Montgomery moved and Councilmember Perez
seconded a motion to read the Ordinance in title only. The
voice vote was unanimous.
MOTION: Councilmember Montgomery moved and Councilmember
Lawrason seconded a motion to declare Ordinance No. 105 read
for the second time and adopted as read. The voice vote was
unanimous.
13. FUTURE AGENDA ITEMS:
No future agenda items were requested.
14. CLOSED SESSION:
MOTION: Councilmember Harper moved and Councilmember Montgomery
seconded a motion to go into Closed Session under items: 14. A. -
Personnel; 14.B. - Negotiation for real property at 280 Casey Road
(former high school site) pursuant to Government Code Section
54956.8; and 14.D. - Negotiation for real property on a portion of
Community Focus area of PC -3 pursuant to Government Code Section
54956.8. The voice vote was unanimous. The time of adjournment to
Closed Session was 7:09 p.m. All Councilmembers plus Steven Kueny,
City Manager were present.
( The City Council reconvened into open session at the hour of 7:38
p.m. City Manager Kueny advised that there was no action to report
i
Minutes of the City Council
Moorpark, California Page 6
December 19, 1988
as a result of the closed session. Mayor Brown declared a five
minute recess before reconvening into a joint meeting with the
Planning Commission.
15. JOINT MEETING WITH PLANNING COMMISSION:
Chairman Holland called the meeting of the Planning Commission to
order at the hour of 7:43 p.m.
Present: Commissioners William Butcher, Bill Lanahan, Glen Schmidt,
John Wozniak and Chairman Holland.
Mayor Brown called the joint meeting of the City Council and
Planning Commission to order at the hour of 7:43 p.m. The roll call
from the City Council Meeting stood.
rig
1
Mayor Brown advised that the City Council has referred the
proposals received on both the General Plan Update and the
Carlsberg Specific Plan to the Council's Community Development
Committee for review and recommendation by the second meeting
in January, 1989.
Public Comments:
By concensus the Council suspended its rules and recognized Mr.
Patrick Kilmartin (4497 Clearcreek Court, Moorpark). Mr. Kilmartin
advised that he owns Pat's CB and Stereo located on High Street in
Moorpark. He recently made a 180 square foot addition to his
building, which did not extend beyond the existing roofline. He
advised that the City Staff is requiring him to obtain a Commercial
Planned Development Permit at a cost of between $1,200 and $1,600 to
which he objects.
B. Commercial Plannea uevelopmenL rerwiLS aau —Ha .� ��•••�•••••••�
Conversions or Expansions. A report regarding when a
Commercial Planned Development Permit is required.
Director of Community Development Pat Richards advised that as
the City continues to develop its commercially zoned property,
there are more and more requests to convert existing structures
or expand businesses which are currently operating under a
legal nonconforming section of the City's Zoning Code. Staff
requires direction from the Council regarding the disposition
of these types of requests.
City Manager Kueny advised that the current process is to
r- require a Commercial Planned Development Permit (CPO) for all
conversions or expansions. He suggested that the Council give
guidance to the Planning Commission so that Staff will have
clear direction in handling these types of requests.
Minutes of the City Council
Moorpark, California Page 7 December 19, 1988
Discussion included the observation that the Zoning Ordinance
should be amended to address the "smaller" requests for
expansion or conversion; and that some other process should be
established other than CPO's for these "smaller" alterations.
Discussion also included possible ways to put time limits on
non - conforming uses. Consideration was given to possibly
lowering the cost of the CPU permit for the "smaller"
alterations, but not eliminating the process.
MOTION: Councilmember Montgomery moved and Councilmember Harper
seconded a motion to direct the Planning Commission to conduct a
review of the processes within the City's current Zoning Ordinance
with particular attention to the legal conforming and legal
non - conforming uses and any other conditions and report back to the
City Council; and further that Staff supply methodology and
information from various similar -sized cities on this issue.
MOTION AMENDMENT: Councilmember Lawrason amended the motion to
include that the Planning Commission look specifically at
conversions of existing business structures. The maker and second
of the motion concurred with this amendment.
MOTION VOTE: The voice vote was unanimous.
By concensus, Staff was directed to come back to the Council
with an interim measure to deal with requests currently before
the City at this time.
C. Signage in the Downtown Area. Regulatory signage pertaining to
commercial signs in the downtown area and. the use of
sandwich / "A" frame signs.
Director of Community Development Pat Richards advised that
regulation of commercial signs in the downtown area is needed
if some form of overall theme is to be achieved. He also noted
that the draft Downtown Plan addresses signage, including the
placement, size, materials and type face.
Discussion generally focused on the use of "A" frame signs and
the downtown area signage in general. After considerable
discussion, the Council concurred to refer the matter of
signage to the Community Development Committee as part of their
study and review of the Draft Downtown Plan; and for the
Committee to return to the Council with a recommendation.
D. Residential Lot Coverage. Lot coverage vs. lot size.
Director of Community Development Pat Richards advised that the
regulation of lot coverage vs. lot size can be accomplished in
three ways: 1) Bulk regulations; 2) Floor area regulations;
and /or 3) Residential Planned Development permit processing.
Discussion included the possibility of making more stringent
standards regarding residential lot coverage and putting the
Minutes of the City Council
Moorpark, California Page 8
December 19, 1988
burden on the developer to justify any deviation. Discussion
also included what effect such standards may have on the cost
of homes. Councilmember Harper referred the Councilmembers and
Commissioners to testimony in the B.I.A. Case where developers
have stated that the cost of development is not the basis used
in setting the price of a new home.
MOTION: Councilmember Harper moved and Councilmember Perez seconded
a motion to refer this item to the Planning Commission for review
and recommendation to the Council. The voice vote was unanimous.
E. Assembly Bill No. AB 1600. AB 1600 requires all agencies to
comply with establishing requirements for increasing, or
imposing a fee as a condition of approval on development
projects.
By Council concensus, the report was received and filed.
F. Boutique Sales etc. in Residential Zone Areas. Potential
impact, traffic circulation, permit issuance and enforcement.
Director of Community Development Pat Richards advised that
Christmas Boutiques or craft: sales do not currently pose a
serious problem to the City. However, the present Code does
not legally allow them to operate. Should the City desire to
allow such uses, some type of permit process should be
established.
Discussion included the possible modification of the Home
Occupation Ordinance to regulate boutique sales,.including what
signage would be allowed in conjunction with this usage.
Discussion also included a similar regulation on garage sales
where one or two would be categorically exempt from the permit
process, however more than a minimum number would require
completion of the entire process including notification of
neighbors.
By Council concensus, Staff was directed to make modifications
to the Home Occupation Ordinance to address these items, and to
return the proposed modifications, approved by the City
Attorney, to the Council for consideration within one year.
G. Comments by City Council and Planning Commission
Commissioner Lanahan requested that the Council and /or Staff
supply the Planning Commission with an agenda prioritization of
where the City is going in the next year.
Commissioner Schmidt requested that the Council pass to the
Planning Commission only selected items which are considered to
be important for the Commission to address so that time will be
used most beneficially. He also expressed concern regarding
capacity at the sewer plant.
Minutes of the City Council
Moorpark, California Page 9
December 19, 1988
Commissioner Butcher advised that he considered the Disaster
Plan to be a high priority item.
Commissioner Wozniak requested that the Hillside Ordinance be
placed high on the priorities of the Community Development
Department so that it gets in place as soon as possible, before
it becomes a moot issue.
Chairman Holland categorized the top three priorities as being:
1) the General Plan; 2) the Downtown Plan; and 3) the Zoning
Ordinance. He further commented that a Public Facilities
Element should be a part of the General Plan.
11.A. Community Development Department - Activities /Projects
City Manager Kueny advised that the list of Community
Development Activities /Projects were set by the previous
Council. He suggested that the Planning Commission look at
them, make comments and suggestions, and that it then be
returned to the Council for modifications if desired.
Councilmember Harper stressed the high prioritization of the
Hillside Ordinance and the Local Planning Ordinance.
Mayor Brown directed that the Planning Commission bring forth
anything it considers to be a high priority which can
realistically be accomplished in the near .future for the
Council's consideration.
ADJOURNMENT OF PLANNING COMMISSION
MOTION: Upon motion by Commissioner Butcher, seconded by
Commissioner Schmidt, the Planning Commission Meeting was adjourned
at the hour of 10:12 p.m.
14. CLOSED SESSION:
MOTION: Councilmember Harper moved and Councilmember Montgomery
seconded a motion to go into Closed Session under items 14.A. -
Personnel; 14.B. - Negotiation for real property at 280 Casey Road
(former high school site) pursuant to Government Code Section
54956.8; and 14.D. - Negotiation for real property on a portion of
Community Focus area of PC -3 pursuant to Government Code Section
54956.8. The voice vote was unanimous. The time of adjournment to
Closed Session was 10:13 p.m. All Councilmembers plus City Manager
Kueny were present.
The Council reconvened into open session at 12:08 a.m. City Manager
Kueny announced, concerning Agenda Item 14.D. (Negotiation for real
property on a portion of Community Focus area of PC -3 pursuant to
Government Code Section 54956.8), that Councilmembers Montgomery and
Perez and himself have been designated by the Council as the City's
negotiators with UWC concerning this matter.
Minutes of the City Council
Moorpark, California Page 10 December 19, 1988
16. ADJOURNMENT:
MOTION: Upon motion by Councilmember Perez, seconded by
Councilmember Harper, the meeting of the City Council was adjourned
at the hour of 12:09 a.m.
ATTEST:
- O b�A�
)ouglas Holland, Chairman
he Planning Commission