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HomeMy WebLinkAboutMIN 1999 0721 CC REG MINUTES OF THE CITY COUNCIL Moorpark, California July 21, 1999 A Regular Meeting of the City Council of the City of Moorpark was held on July 21, 1999 in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1 . CALL TO ORDER: Mayor Hunter called the meeting to order at 6 :40 p.m. 1 2 . INVOCATION: Pastor Dave Wilkinson, Moorpark Presbyterian Church, gave the invocation. 3 . PLEDGE OF ALLEGIANCE: Mr. Kueny led the Pledge of Allegiance . 4 . ROLL CALL: Present : Councilmembers Evans, Harper, Rodgers, Wozniak and Mayor Hunter. Staff Present : Steven Kueny, City Manager; John Nowak, Assistant City Manager; Wayne Loftus, Acting Director of Community Development; Ken Gilbert, Director of Public Works ; Mary Lindley, Director of Community Services; Dirk Lovett, Assistant City Engineer; Captain Mike Lewis, Sheriff' s Department; John Libiez, Principal Planner; Deborah Traffenstedt, City Clerk; and Blanca Garza, Deputy City Clerk. 5 . PROCLAMATIONS AND COMMENDATIONS : A. Certificate of Commendation to Erin Bambrough for rescuing a child from drowning. Mayor Hunter presented a certificate of recognition to Erin Bambrough. B . Presentation of Ventura County Fair Poster to City by Charles Schwabauer. Charles Schwabauer presented the City Council with a poster for the 1999 Ventura County Fair. Minutes of the City Council Moorpark, California Page 2 July 21, 1999 C. Leadership Academy Presentation. Mayor Hunter introduced Harry Lee, Executive Director for the Leadership Academy. Mr. Lee discussed the program activities and purpose . He discussed the application process and tuition for the program. He discussed the Academy' s involvement in the community. In response to Mayor Hunter, Mr. Lee stated the application deadline is July 31, 1999 . D. City Manager' s Monthly Report Mr. Kueny addressed the past 1998-99 Fiscal Year and accomplishments, including: transfer of the cable television franchise in the Mountain Meadows area; incorporation of Vector Control Services as a City function; creation of an Endowment Fund; adoption of the Downtown Specific Plan; opening of a new Police Service Center, approval of over 1, 100 development units, approval of four development agreements, relocation of Special Devices, Inc . , into its new facility, bringing over 400 jobs; widening of Peach Hill Road at Spring Road; initiation of Spring Road Bridge reconstruction; opening of Campesina Park; appropriation of over $40, 000 in Library Funds; initiation of construction of eight lighted tennis courts at Arroyo Vista Community Park; authorization of bids for expansion of the Senior Center; and completion of the in-house Local Area Network at City Hall . 6 . PUBLIC COMMENT: None. AT THIS POINT in the meeting, a recess was declared to convene the Redevelopment Agency. The time was 6 :58 p.m. The Council reconvened at 7 : 16 p .m. 7 . REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2. 9, Items to be withdrawn from the Consent Calendar shall be identified at this time. ) None . 8 . ANNOUNCEMENTS AND FUTURE AGENDA ITEMS : Mayor Hunter announced Moorpark' s Neighborhood Night Out on August 7, 1999 and discussed the event . He announced the Household Hazardous Waste Events held on the 1st Saturday of Minutes of the City Council Moorpark, California Page 3 July 21, 1999 each month in Thousand Oaks and the 3rd Saturday of each month in Simi Valley. 9 . PUBLIC HEARINGS : A. Consider a Request for Continuance of Scheduled City Council Appeal Hearing for Air Touch Cellular Application, CUP 98-5 . (Continued from June 2, 1999, with Public Hearing Open) Staff Recommendation: Continue the Appeal hearing for Conditional Use Permit 98-5 to August 18 , 1999 . Mr. Loftus gave the staff report . There being no one wishing to speak, Mayor Hunter asked for a motion to continue the public hearing. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to continue the Appeal hearing for Conditional Use Permit 98-5 to August 18 , 1999 . The motion carried by unanimous voice vote . B. Consider Deferral of the Establishment of a Zone 12 (Carlsberg Specific Plan) Assessment for FY 1999-2000 . (Continued from June 23 , 1999, with Public Hearing Open) Staff Recommendation: That no action be taken and that the Zone 12 assessment for FY 1999/2000 remain at zero. Mr. Gilbert gave the staff report . In response to Councilmember Evans, Mr. Gilbert explained that the process had been followed to attempt to spread the costs but consensus was not obtained from property owners . He stated they would wait until next year to try to establish an assessment, with the developer continuing to pay in the meantime. He stated there is no fiscal impact to the City. There being no one wishing to speak, Mayor Hunter closed the public hearing. Mr. Kueny explained that the appropriate action would be to either set the assessment at $0 for the upcoming fiscal year or take no action to set an assessment . MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to set the assessment at $0 for Fiscal Year 1999/2000 . The motion carried by unanimous voice vote . Minutes of the City Council Moorpark, California Page 4 July 21, 1999 10 . PRESENTATION/ACTION/DISCUSSION: A. Consider First Phase Building Permits For Tentative Tract Map No. 4980 (Lennar Homes/Western Pacific Housing) . Staff Recommendation: Authorize Staff to issue ground plumbing and foundation-only permits to Western Pacific Housing for 15 homes in phase 1 of Tract 4980, subject to acceptable surety and a hold harmless agreement in favor of the City of Moorpark, with the final language of the hold harmless agreement to be approved by the City Manager and City Attorney. Mr. Lovett gave the staff report . Lloyd Laycook, 1850 Gammon Court, Thousand Oaks, representing Lennar Homes/Western Pacific Housing, requested the Council approve their request for building permits for the first 15 homes in Phase I of Tract 4980 . He stated there would be no risk to the City in authorizing building permits and that the City would receive permit fees . In response to Mayor Hunter, Mr. Laycook stated 15 units were in Phase 1, with 138 units overall in the tract . In response to Councilmember Harper, Mr. Kueny stated the purpose for allowing foundations and plumbing, only, was a policy decision, consistent with the City' s historical practice. He stated he did not see a liability in issuing permits . Councilmember Harper indicated he was on record for not supporting the tract due to the amount of grading, but did not see harm in issuing the building permits . Mayor Hunter indicated the request was reasonable . MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to authorize Staff to issue building permits to Western Pacific Housing for 15 homes in Phase 1 of Tract 4980 . The motion carried by unanimous voice vote . B. Street Light Standard Research Report . Staff Recommendation: Direct staff as deemed appropriate . Mr. Lovett gave the staff report . Councilmember Harper stated the report was well done. He indicated surprise in the variation between standards for different cities . He requested staff provide a recommendation. He supported inclusion of a compatibility review. Minutes of the City Council Moorpark, California Page 5 July 21, 1999 Mayor Hunter suggested the Transportation and Streets Committee discuss the matter. Councilmember Evans concurred that a committee should discuss the matter. He also recommended conducting a night tour of other cities to view the different light fixtures . Mayor Hunter stated the information should go to the committee to allow studies of other cities at night and to make a recommendation to the Council . Councilmember Rodgers stated the report was thorough. She requested the committee take crime rates into consideration when reviewing other cities . Mayor Hunter stated the committee would also need to review accident rates . Councilmember Wozniak suggested plot plans of homes, in conjunction with street lights be reviewed. He questioned lights placed so that they illuminate backyards . Mr. Kueny stated plot plans needed to be utilized when determining street lighting requirements, to ensure compatibility with existing street lights . Councilmember Harper suggested an illumination study be done for all developments . Mr. Kueny discussed street lighting errors that can occur between phases in tracts . In response to Councilmember Harper, Mr. Gilbert stated retrofits had occurred on the lights on Spring Road. He stated any additional changes would be at the City' s expense . He stated, for safety reasons, the residents' concerns might not be fully satisfied. In response to Mayor Hunter, Mr. Gilbert explained the retrofits that had occurred on Spring Road. CONSENSUS : By consensus, the Council directed the Transportation and Streets Committee to study the matter in further detail and report back to the Council with a recommendation. C. Consider Adoption of a Resolution Directing the Planning Commission to set a Public Hearing and Provide a Minutes of the City Council Moorpark, California Page 6 July 21, 1999 Recommendation on a Zoning Code Amendment Related to Provision for Intermediate Care Facilities within the Single-Family-Estate (R-O) Zone. Staff Recommendation: Adopt Resolution No. 99-1636 . AT THIS POINT in the meeting, Councilmember Rodgers left the dais due to a potential conflict of interest . The time was 7 :47 p.m. Mr. Loftus gave the staff report . Mary Liste, 448 Moorpark Avenue, applicant for TLC, explained their request for a zone change . In response to Mayor Hunter, Ms . Liste stated the additional beds would require one additional nurse. She stated she was currently over staffed. She explained the modifications that would need to be made if additional beds were allowed. In response to Mayor Hunter, Mr. Loftus stated they have already made the ADA modifications . In response to Mayor Hunter, Ms . Liste stated the additional staff would be during day hours . Councilmember Harper stated the neighbors have expressed concerns regarding traffic . Ms . Liste discussed their contact with the neighbors and stated only one additional car would be coming to the facility. She stated they are the only facility to service all of Ventura County. She discussed the commendations they have received. She stated they have announced their plans to the neighbors to add four additional beds . She discussed the urgency of the matter. In response to Councilmember Evans, Mr. Loftus stated amending the Code would be the shortest, easiest option. In response to Councilmember Harper, Mr. Loftus stated there is no current reason to have both RO and RE zones in that neighborhood. In response to Councilmember Harper, Mr. Loftus stated it would be a lengthy process to eliminate the RO Zone throughout the City. He suggested modifying the allowed uses in the RO Zone . In response to Councilmember Harper, Mr. Kueny stated a conditional use permit would be required. He stated the 1 Minutes of the City Council Moorpark, California Page 7 July 21, 1999 1 adjacent property owners would be notified of the required public hearing. MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to adopt Resolution No. 99-1636 . The motion carried 4-0 , Councilmember Rodgers absent . AT THIS POINT in the meeting, Councilmember Rodgers returned to the dais . The time was 8 : 02 p.m. D. Consider Adding Landscape Improvements to the Design for the Los Angeles East Improvement Project . Staff Recommendation: 1) Direct staff to add landscaping to the retaining wall design; or 2) Direct staff to not revise the current design for the proposed street improvements . Mr. Gilbert gave the staff report . In response to Councilmember Harper, Mr. Gilbert stated the funding would be from the Los Angeles Area of Contribution (AOC) Fund. Councilmember Harper indicated support for placing landscaping in the retaining structures and possible landscaped medians . He stated it was necessary to maintain consistent standards in all areas of the City. In response to Mayor Hunter, Mr. Kueny explained the original project began as a minor widening, then was expanded twice for other purposes . Mr. Gilbert stated the Council had been not in favor of creating additional landscaping that would need to be funded by the Citywide assessment district, which was why landscaped medians had not been proposed for this project . In response to Mayor Hunter, Mr. Gilbert discussed the cost for the project . He stated wall landscaping would cost $86, 000 . He stated landscaped medians would require redesign and cost an additional $381, 000 . Mayor Hunter indicated his continuing concern with the project . He stated the cost was nearing $5 million. He stated the project was far too ambitious and costly. He stated two lanes would be adequate. Mr. Gilbert stated a narrower street would still cost in excess of $3 million. In response to Councilmember Harper, Mr. Gilbert stated current traffic volumes do not require four lanes . He Minutes of the City Council Moorpark, California Page 8 July 21, 1999 explained that future development of properties might warrant four lanes . Councilmember Harper recommended referring the matter to the Public Works Committee to reevaluate the project . He stated it should be built to current City standards . Councilmember Evans stated the longer the project is put off, the more costly it will be . He discussed the benefits of redesigning the road. He stated the committee has already completely reviewed the issue . In response to Mayor Hunter, Councilmember Evans stated redesign would provide better visibility and increase safety. In response to Councilmember Rodgers, Mr. Gilbert stated right-of-way acquisition was prepared to begin. Councilmember Rodgers stated the agenda item was to determine landscaping of the median, not the width of the roadway. She stated her concern with maintenance of landscaped medians . Mayor Hunter stated it was necessary to reexamine the project . Councilmember Evans stated the project had been reviewed previously. He suggested making a decision on what was before the Council on the landscaping. Councilmember Harper discussed the length of time the project has been discussed. He suggested reflecting on the project to determine if it was the Council' s desired direction. He stated if the project is going to be done, it should be done right . In response to Councilmember Rodgers, Mr. Lovett stated the report on landscaping was in response to prior Council direction. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to direct staff to add landscaping to the retaining wall design. The motion carried by voice vote 3-2, Mayor Hunter and Councilmember Harper dissenting. E . Consider Adoption of a Resolution Directing the Planning Commission to Set a Public Hearing and Provide a Recommendation on General Plan and Zoning Amendments Necessary to Implement Provisions of Voter Approved Measure "S" upon All Lands within the Boundaries of Minutes of the City Council Moorpark, California Page 9 July 21, 1999 Specific Plan No. 8, Hidden Creek Ranch. Staff Recommendation: Adopt Resolution No. 99-1637 . AT THIS POINT in the meeting, Councilmember Rodgers left the dais due to a potential conflict of interest . The time was 8 : 28 p .m. Mr. Loftus gave the staff report . Roseann Mikos, 14371 E. Cambridge Street, thanked the Council for placing the matter on the agenda. She requested that language be included in the resolution pertaining to Section 65860 (c) of the Government Code of the State of California, providing that in the event a zoning ordinance becomes inconsistent with a general plan by reason of amendment to the plan or to any element to the plan, the zoning ordinance shall be amended within a reasonable time so that it is consistent with the general plan as amended. She also stated that Title 17 . 70 of the Moorpark Zoning Code, adopted as Ordinance No. 244, is not consistent with the current Moorpark General Plan as amended by the passage of the Moorpark SOAR, Measure S, on January 12, 1999 . She suggested that Section 1 of the draft resolution be modified and gave specific language that she was recommending be included to address her concerns that the Zoning Map and Zoning Code be brought into compliance with the Measure S General Plan amendment, and that such steps may include but not be limited to considering amendments to the Zoning Map and Zoning Code and the General Plan for the purpose of establishing land use designations, zoning districts, and other appropriate provisions . She stated reference to Section 65860 is necessary. She also recommended changing "implement" to "enforce" in Section 2 and "incorporated" to "situated" in Sections 1 and 2 . Richard Francis, 711 South 'A' Street, Oxnard, discussed the adoption of Ordinance No. 244, which was inconsistent with the General Plan OSCAR Element . He stated it was necessary to rescind the ordinance. He discussed litigation related to the ordinance and urged Council to rescind the ordinance. In response to Mayor Hunter, Mr. Kueny explained that it would be necessary to adopt a new ordinance to supercede Ordinance No. 244 . In response to Councilmember Harper, Ms . Mikos stated she would provide the Council with her proposed language amendments for the resolution. 1 Minutes of the City Council Moorpark, California Page 10 July 21, 1999 Mr. Kueny recommended that if the Council desires to amend the resolution, it defer the matter until the next available meeting to allow the City Attorney time to review any amendments . Councilmember Harper stated any changes to the draft resolution would delay the process by one month. Councilmember Evans stated he had no problem amending the resolution but wanted it reviewed by the City Attorney. He asked if the resolution could be adopted and modified at the next meeting, if necessary. Mr. Kueny stated the resolution could be adopted and later modified. Councilmember Wozniak stated the Council needed to address the matter on the agenda. He stated consideration of rescinding Ordinance No. 244 could be placed on the next agenda. He supported adopting the resolution, with modifications to be made at a future time, if necessary. In response to Councilmember Harper, Mr. Francis stated he saw no reason to not move ahead with the resolution as presented. He stated it was not necessary to make all of the revisions suggested by Ms . Mikos; however, he stated it was necessary to address his suggestion regarding repealing the ordinance. Councilmember Harper suggested adopting the resolution as drafted. He requested a draft ordinance be brought back at the next meeting to repeal Ordinance No. 244 . MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to adopt Resolution No. 99-1637, that the resolution be brought back on August 18 , 1999 for modification, and an item be placed on the next agenda for the Council' s consideration of rescinding Ordinance No. 244 . Councilmember Evans discussed a threat of litigation. In response to Councilmember Evans, Mr. Kueny summarized a letter received from the General Counsel for Hidden Creek Ranch Partners indicating opposition to the adoption of the resolution. The motion carried by voice vote 4-0 , Councilmember Rodgers absent . AT THIS POINT in the meeting, Councilmember Rodgers returned to the dais . The time was 8 :48 p.m. Minutes of the City Council Moorpark, California Page 11 July 21, 1999 11 . CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Warrant Register of July 21, 1999 . Fiscal Year 1998/99 Voided Warrants 45083 - 45103 $0 . 00 Regular Warrants 45024 - 45082 D $346, 757 . 97 45104 - 45187 V $358, 702 . 82 Staff Recommendation: Approve the Warrant Register. B. Consider Approval of Warrant Register of July 21, 1999 . Fiscal Year 1999/2000 Manual Warrants 100000 - 100006 $18 , 374 . 23 Regular Warrants 100008 - 100032 V $147, 915 . 67 Staff Recommendation: Approve the Warrant Register. C. Consider Resolution No. 99-1638 Establishing an Interest Rate on Loans to the Moorpark Redevelopment Agency. Staff Recommendation: Approve Resolution No. 99-1638 establishing interest charges for City loans to the Moorpark Redevelopment Agency. D. Consider Approval of City Goals and Objectives for FY 1999/2000 . Staff Recommendation: Approve the revised "Mission Statement, Goals, and Objectives for FY 1999/2000 . " E. Consider Revisions to List of City Council and Moorpark Redevelopment Agency Committee Assignments . Staff Recommendation: Approve revisions recommended in staff report for updating the list of Committee Assignments . 12 . ORDINANCES : A. An Ordinance of the City Council of the City of Moorpark, California, Approving Zone Change No. 99-3 to Change the Zoning Designation on Undeveloped Land Located South of Poindexter Avenue, West of Poindexter Park, North of Mission Bell Plaza and East of Moorpark Estates (APN. 511-0-090-305) from Residential Planned Development 15 Minutes of the City Council Moorpark, California Page 12 July 21, 1999 Units Per Acre (RPD-15U to RPD 8 . 9U) on the Application of Cabrillo Economic Development Corporation. Staff Recommendation: Declare Ordinance No. 261 read for the second time and adopted as read. Ms . Traffenstedt read the ordinance title . MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to waive further reading and read the ordinance title only. The motion carried by voice vote 4-0, Councilmember Wozniak abstaining. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to declare Ordinance No. 261 read for the second time and adopted as read. The motion carried by voice vote 4-0, Councilmember Wozniak abstaining. 13 . CLOSED SESSION: None was held. 14 . ADJOURNMENT: MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 8 : 50 p.m. 411 41101010‘ I I 1141 Patrick Hu er, Mayor ATTEST: ►//� P Deborah S . Traffenste t ' City Clerk ���,, ,00q2111110